QUESTION: Shall statute ban using bait to hunt black bears or using dogs to hunt black bears or cougars, with exceptions?
SUMMARY: Adopts new statute. Bans using bait to attract or take black bears. Bans using dogs to hunt or pursue black bears or cougars. States two exceptions. First, county, state, federal employees, agents may use bait or dogs while acting in official capacity. Second, person may use bait or dogs when black bear or cougar is damaging person's land, livestock, or farm or forest crops. Violation is Class A misdemeanor. First offense also carries 5-year loss of hunting license. Permanent loss of license for second offense.
ESTIMATE OF FINANCIAL IMPACT: Direct reductions in state revenues from licenses, tags, and fees will be $100,000 annually.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OREGON
SECTION 1
(1) Except as provided in subsections (2) and (3) of this
section, no person shall use bait to attract or take black bears
or use one or more dogs to hunt or pursue black bears or cougars.
(2) Nothing in subsection (1) of this section shall prohibit the use of bait or one or more dogs by employees or agents of county, state, or federal agencies while acting in their official capacities.
(3) Nothing in subsection (1) of this section shall prohibit the use of bait or dogs by persons for the taking of black bears or cougars in accordance with the provisions of ORS 498.012.
(4) Any person who violates subsection (1) commits a Class A misdemeanor and, upon conviction, shall in addition to appropriate criminal penalties have his or her privilege to apply for any hunting license suspended for a period of five years for a first offense and permanently suspended for any subsequent offense.
(5) For the purposes of this section, "bait" means any material placed for the purpose of attracting or attempting to attract bears.
EXPLANATORY STATEMENT (provided in the Voter's Pamphlet from the Oregon State Dept.)
This measure would prohibit the use of bait to attract black bears or to take black bears. "Bait" is defined in the measure as any material placed for the purpose of attracting or attempting to attract bears. The measure would also prohibit the use of a dog or dogs to hunt black bears or cougars. The measure contains two exceptions to these prohibitions.
One exception to these prohibitions allows the use of bait or dogs by federal, state or local government employees or agents. These employees or agents must be acting in their official capacities.
The other exception to these prohibitions allows the use of bait or dogs for the taking of black bears or cougars damaging a person's land, livestock, agricultural or forest crops. The taking must be for damage control allowed under current wildlife laws.
A person who violates these prohibitions for the first time is subject to Class A misdemeanor criminal penalties of up to one year imprisonment and/or a fine of up to $5,000. In addition, the convicted person cannot apply for a hunting license for five years. A person convicted of a subsequent offense will be subject to the same criminal penalties and will never be able to apply for a hunting license.
COMMITTEE MEMBERS: APPOINTED BY: Pamela Frasch Chief Petitioners Daniel Stotter Chief Petitioners Rod Harder Secretary of State David B. Marshall Secretary of State Greg McMurdo Members of the Committee
(This committee was appointed to provide an impartial
explanation of the ballot measure pursuant to ORS 251.215.)