(1) Except as provided in subsections (2) to (4) of this section, a person may not 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 prohibits 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)(a) As allowed by subsection (2) of this section, the State Department of Fish and Wildlife is authorized to appoint persons to act as agents for the department for the purpose of using one or more dogs to hunt or pursue black bears or cougars. Such hunt or pursuit must be in compliance with any black bear management plan and any cougar management plan adopted by rule by the State Fish and Wildlife Commission. An agent acts on the department’s behalf and, subject to the department’s direction and control, implements specific management programs of the department. An agent may not engage in any other hunting or pursuit while acting on the department’s behalf.
(b) The department shall:
(A) Make the appointment in written form; and
(B) Ensure that the written appointment is available to the public for review at the main office of the department in Salem.
(c) Upon appointment of an agent by the department, the department shall fix the compensation of the agent and prescribe the duties of the agent. The authority of the agent to act shall be limited to the terms set forth in the written appointment under paragraph (b) of this subsection.
(d) The commission shall adopt by rule a process and criteria for selecting and training persons to act as agents pursuant to subsection (3)(a) of this section. The process and criteria shall include, but are not limited to, the qualifications and training for agents and are to cover any guidelines, policies or codes of conduct of the department regarding firearms, first aid, all-terrain vehicles and snowmobiles and the use of alcohol or drugs. The department may also require fingerprints as specified in ORS 496.121 for the purpose of requesting state or nationwide criminal records checks.
(4) Nothing in subsection (1) of this section prohibits 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 relating to taking wildlife that is causing damage.
(5) Any person who violates subsection (1) of this section 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.
(6) For the purposes of this section, “bait” means any material placed for the purpose of attracting or attempting to attract bears. [1995 c.4 §1; 2003 c.248 §2; 2007 c.675 §1]
Note: The amendments to 498.164 by section 2, chapter 675, Oregon Laws 2007, become operative January 2, 2014. See section 3, chapter 675, Oregon Laws 2007. The text that is operative on and after January 2, 2014, is set forth for the user’s convenience.
498.164. (1) Except as provided in subsections (2) and (3) of this section, a person may not 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 prohibits 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 prohibits 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 relating to taking wildlife that is causing damage.
(4) Any person who violates subsection (1) of this section 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.
Note: 498.164 was adopted by the people by initiative petition but was not added to or made a part of ORS chapter 498 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
Section: Previous 498.150 498.152 498.153 498.154 498.155 498.158 498.160 498.164 498.166 498.170 498.172 498.202 498.205 498.208 498.210 NextLast modified: August 7, 2008