Oregon Statutes 610.150 – Wolf predation loss compensation program; county qualification; rules; report
(1) As used in this section:
Terms Used In Oregon Statutes 610.150
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(a) ‘Livestock’ means ratites, psittacines, horses, mules, jackasses, cattle, llamas, alpacas, sheep, goats, swine, bison, domesticated fowl and any fur-bearing animal bred and maintained commercially, or otherwise, within pens, cages or hutches.
(b) ‘Working dog’ means any animal of the species Canis familiaris used to aid in the herding or guarding of livestock.
(2) The State Department of Agriculture shall establish and implement a wolf depredation compensation and financial assistance grant program, using moneys in the Wolf Management Compensation and Proactive Trust Fund established under ORS § 610.155, to provide grants to assist counties to implement county programs under which:
(a) Compensation is paid to persons who suffer loss or injury to livestock or working dogs due to wolf depredation; and
(b) Financial assistance is provided to persons who implement livestock management techniques or nonlethal wolf deterrence techniques designed to discourage wolf depredation of livestock.
(3) Subject to available funding in the Wolf Management Compensation and Proactive Trust Fund established under ORS § 610.155, a county qualifies for a grant under the wolf depredation compensation and financial assistance grant program if the county:
(a) Establishes a county program to:
(A) Compensate persons who suffer loss or injury to livestock or working dogs due to wolf depredation; and
(B) Provide financial assistance to persons who implement livestock management techniques or nonlethal wolf deterrence techniques designed to discourage wolf depredation of livestock.
(b) Contributes an amount of moneys equal to 10 percent of the amount necessary to implement, during the calendar year, the county program.
(c) Establishes a procedure by which persons applying for compensation under the county program provide evidence of the loss or injury to livestock or working dogs due to wolf depredation. Evidence of the loss or injury must include a finding by the State Department of Fish and Wildlife or the department’s designated agent that wolf depredation was the probable cause of the loss or injury.
(d) Establishes a county advisory committee to oversee the county program, consisting of one county commissioner, two members who own or manage livestock and two members who support wolf conservation or coexistence with wolves. The county advisory committee, once established by the county, shall agree upon two county business representatives to serve as additional county advisory committee members.
(e) Establishes a procedure by which persons applying for financial assistance under the county program provide an estimate of the potential cost of the livestock management techniques or nonlethal wolf deterrence techniques designed to discourage wolf depredation.
(4) In accordance with the Oregon Wolf Conservation and Management Plan, the Director of Agriculture shall adopt rules to implement the provisions of this section, including but not limited to rules that:
(a) Require that livestock owners and managers experiencing above-normal loss or injury to livestock or working dogs due to wolf depredation be given priority by counties for grant moneys received under the wolf depredation compensation and financial assistance grant program.
(b) Require counties participating in the wolf depredation compensation and financial assistance grant program to:
(A) Prepare an annual report that specifies the actions taken by, and compensation paid and financial assistance provided to, counties under the wolf depredation compensation and financial assistance grant program;
(B) Distribute grant program funds, to the extent possible, in an equal and balanced manner between payments to compensate for loss or injury to livestock or working dogs due to wolf depredation and payments to implement livestock management techniques or nonlethal wolf deterrence techniques designed to discourage wolf depredation of livestock, with a minimum of 30 percent of grant program funds being distributed for livestock management techniques or nonlethal wolf deterrence techniques designed to discourage wolf depredation of livestock; and
(C) Establish compensation rates for loss or injury to livestock or working dogs due to wolf depredation that are based on fair market value and the recommendation of the county advisory committee described in subsection (3)(d) of this section.
(c) Establish eligibility requirements for compensation under county programs that ensure, contingent upon available funds, that:
(A) Outside an area of known wolf activity, as designated by the State Department of Fish and Wildlife, confirmed loss or injury to livestock or working dogs shall be compensated regardless of the preexistence of wolf deterrence techniques;
(B) Within an area of known wolf activity, as designated by the State Department of Fish and Wildlife, confirmed loss or injury to livestock or working dogs, as well as missing livestock above the level based on loss or injury attributable to causes other than wolf depredation established by the county advisory committee described in subsection (3)(d) of this section, shall be compensable if owners have demonstrated implementation of best management practices to deter wolves, including reasonable use of nonlethal methods when practicable, giving priority for compensation of confirmed losses at fair market value and with other compensation claims determined according to the recommendation of the county advisory committee; and
(C) Any compensation for loss or injury to livestock or working dogs due to wolf depredation is based upon a finding by the local advisory committee that the person did not unreasonably or purposefully create circumstances that attract wolves or encourage conflict between wolves and livestock or working dogs.
(5) Each biennium the State Department of Agriculture shall prepare a report that specifies the actions taken by counties, compensation paid by counties and financial assistance provided to counties under the wolf depredation compensation and financial assistance grant program, and shall submit the report to the Legislative Assembly and post the report on the department’s website for public access.
(6) The State Department of Agriculture may use moneys in the Wolf Management Compensation and Proactive Trust Fund established under ORS § 610.155 to pay expenses incurred in administering the wolf depredation compensation and financial assistance grant program. [2011 c.690 § 1]
610.150 and 610.155 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 610 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.