Current through Register Vol. 63, No. 3, March 1, 2024
NOTE: As of June 7, 2019, the portions of these rules regarding
harassment and take of wolves are pre-empted in a portion of Oregon by the
endangered status of the gray wolf under the federal Endangered Species Act. In
the portion of Oregon where federal protections are reduced to a level below
that of Oregon law, these rules govern harassment and take of wolves in
Oregon.
(1) This rule describes
factors and regulations related to harassment and take of wolves during Phase I
of the Oregon Wolf Conservation and Management Plan.
(2) Non-injurious harassment.
(a) Subject to the conditions specified in
paragraph (b), the following persons may use non-injurious harassment against
wolves without a permit:
(A) Livestock
producers (or their agents) on land they own or lawfully occupy; or
(B) Grazing permittees (or their agents)
legally using public land under valid livestock grazing allotments.
(b) Non-injurious harassment is
allowed without a permit under this rule only if:
(A) The wolf (or wolves) is in close
proximity of livestock or in the act of other wolf-livestock
conflict;
(B) The harassment in
fact does not result in injury to the wolf (or wolves); and
(C) The harassment is reported to the
Department within 48 hours.
(c) Any non-injurious harassment that does
not meet each requirement of this rule requires a permit in advance from the
Department.
(3)
Non-lethal injurious harassment.
(a)
Non-lethal injurious harassment is conducted for the purpose of minimizing
wolf-livestock conflict when livestock are present.
(b) Subject to the conditions specified in
paragraph (c), in addition to state employees or state authorized agents, the
following persons may use non-lethal injurious harassment against wolves by
permit:
(A) Livestock producers (or their
agents) on land they own or lawfully occupy;
(B) Grazing permittees (or their agents)
legally using public land under valid livestock grazing allotments.
(c) As to non-lethal injurious
harassment on either private or public land, pursuing wolves is allowed.
(d) Non-lethal injurious
harassment is allowed by permit from the Department only if:
(A) The Department confirms wolf depredation
on livestock or other wolf-livestock conflict in the area;
(B) The applicant confers with the Department
to determine the most effective harassment method(s);
(C) The Department considers the location of
known den sites;
(D) The harassment
in fact does not result in the death of a wolf;
(E) No identified circumstance exists that
attracts wolf-livestock conflict; and
(F) The harassment is reported to the
Department within 48 hours.
(e) Permits for non-lethal injurious
harassment remain valid for the livestock grazing season in which issued,
provided the livestock operator complies with all applicable laws, including
permit conditions. The agency shall inform harassment permit holders of
non-lethal methods for minimizing wolf-livestock conflict and provide guidance
upon request. Receiving future lethal control permits is contingent upon
documentation of efforts to use non-lethal methods.
(4) Relocation. The Department may authorize
relocation by state personnel when a wolf (or wolves) becomes inadvertently
involved in a situation, or is present in an area, that could result in
conflict with humans or harm to the wolf, provided that the Department has no
reason to believe that the wolf actually attacked or killed livestock or pets.
The relocation will be designed to prevent conflict with humans or reduce the
possibility of harm to the wolf. The wolf (or wolves) would be relocated to
suitable habitat at the direction of the Department.
(5) Lethal take of wolves in the act of
biting, wounding, killing or chasing livestock or working dogs.
(a) A person, or an agent as described in
paragraph (b), may lethally take a wolf on land the person owns or lawfully
occupies only if:
(A) The wolf is caught in
the act of
(i) Biting, wounding or killing
livestock or working dogs; or
(ii)
Chasing livestock or working dogs, if the person has first undertaken nonlethal
actions as specified in 8(b)(C) and 8(c) of this rule, and the taking occurs
during a time period in which the Department has determined a situation of
chronic depredation exists; and
(B) No person has used bait or taken other
intentional actions to attract wolves.
(b) A landowner or lawful occupant of land
may authorize an agent to enter the land for the purpose of taking wolves
pursuant to 5(a) on the landowner or occupant's behalf. The authorization must
be in writing, be carried by the agent when wolves are taken, and must include:
(A) The date of issuance of the
authorization;
(B) The name,
address, telephone number and signature of the person granting
authorization;
(C) The name,
address, and telephone number of the person to whom authorization is granted;
and
(D) The expiration date of the
authorization, which may not be later than one year from the issuance
date.
(c) Any person who
takes a wolf pursuant to 5(a) and 5(b) of these rules must make all reasonable
efforts to preserve the scene, not remove or disturb the wolf carcass, and
report the take to the Department within 24 hours.
(6) Lethal take to address chronic livestock
depredation. The Department may authorize its personnel or authorized agents to
use lethal force on a wolf or wolves it reasonably believes are responsible for
chronic depredation upon livestock where each of the conditions in subsections
(7) through (10) of this rule is satisfied. The Department shall limit lethal
force to the wolf or wolves it deems necessary to address the chronic
depredation situation
(7)
Conditions for Lethal Take by the Department. The Department's discretionary
authority for use of lethal force pursuant to this rule may be exercised if the
Department:
(a) Designates an Area of Known
Wolf Activity, the boundary of which may be adjusted as new data or information
become available;
(b) Upon the
designation of an Area of Known Wolf Activity, coordinates in a timely manner
with potentially affected livestock producers and other relevant interests to
provide information on:
(A) The provisions of
the Oregon Wolf Conservation & Management Plan and associated
rules,
(B) The current state of
knowledge of wolf behavior, management, and conservation,
(C) Procedures for documenting and reporting
wolf activity to the Department, including depredations upon livestock,
and
(D) Non-lethal measures,
incentives and available assistance aimed at minimizing conflicts between
wolves and livestock or domestic animals in the Area of Known Wolf
Activity;
(c) Confirms an
incident of depredation of livestock by a wolf or wolves;
(d) Within 14 working days of the
Department's confirmation of the first incident of depredation in an area:
(A) Designates an Area of Depredating Wolves,
the boundary of which may be adjusted as new data or information become
available;
(B) Concurrent with the
designation of an Area of Depredating Wolves, prepares and publicly discloses
an area-specific wolf-livestock conflict deterrence plan in coordination with
potentially affected landowners, livestock producers and other relevant
interests. The plan shall identify appropriate non-lethal measures according to
which measures are likely to be most effective in a given circumstance,
including the nature of the livestock operations, habitat, and landscape
conditions specific to the area, as well as particular times of the year or
period of livestock production. The plan shall be based on information compiled
by the Department before and/or during the planning effort on potentially
successful conflict deterrence techniques, scientific research, and available
financial resources and/or partnerships that may aid in the successful
implementation of the plan. The Department may update an area-specific conflict
deterrence plan as new data become available.
(e) Confirms a total of at least 4 qualifying
incidents of depredation of livestock within the previous 6 months by the same
wolf or wolves.
(f) Issues and
makes publicly available, prior to the exercise of lethal force, a written
determination by the Department Director or director's designee to use lethal
force to address a specified situation of chronic depredation, along with
supporting findings that:
(A) The conditions
of Sections 7, 8, and 9 of this rule have been satisfied;
(B) Livestock producers in the Area of
Depredating Wolves have worked to reduce wolf- livestock conflict and are in
compliance with wolf protection laws and the conditions of any harassment or
take permits.
(C) The situation of
wolf depredation upon livestock in the Area of Depredating Wolves is likely to
remain chronic despite the use of additional non-lethal conflict deterrence
measures; and
(D) The wolf or
wolves identified for removal are those the Department believes to be
associated with the qualifying depredations, the removal of which the
Department believes will decrease the risk of chronic depredation in the Area
of Depredating Wolves.
(8) Qualifying Contingencies and Counting
Incidents:
(a) An incident of depredation is
a single event resulting in the injury or death of one or more lawfully present
livestock that is reported to the Department for investigation, and upon
investigation by the Department or its agent(s), the Department confirms to
have been caused by a wolf or group of wolves.
(b) A qualifying incident of depredation is a
confirmed incident of depredation for the purposes of this rule if:
(A) The depredation is outside of an Area of
Known Wolf Activity or Area of Depredating Wolves. Only the first confirmed
depredation by a wolf or wolves may count as a qualifying
depredation,
(B) In an Area of
Known Wolf Activity, the landowner or lawful occupant of the land where the
depredation occurred had:
(i) At least seven
days prior to the incident of depredation, removed, treated or disposed of all
intentionally placed or known and reasonably accessible unnatural attractants
of potential wolf-livestock conflict, such as bone or carcass piles or disposal
sites, and
(ii) Prior to and on the
day of the incident of depredation, been using at least one measure the
Department deems most appropriate from non-lethal deterrence measures
identified pursuant to section (7)(b)(D) to protect calving operations, nursing
cattle, sheep operations, or other reasonably protectable situations, not
including open range situations. Once a confirmed depredation has occurred in
an Area of Known Wolf Activity and while the Department is in the process of
designating an Area of Depredating Wolves and creating an area-specific
conflict deterrence plan, only one additional confirmed depredation in an area
may count as a qualifying depredation under this subsection.
(C) In an Area of Depredating
Wolves, the landowner or lawful occupant of the land where the depredation
occurred had:
(i) Complied with subsection
(B) of this section, and
(ii) Prior
to and on the day of the incident of depredation was implementing at least one
non-lethal measure identified in the area-specific conflict deterrence plan
developed under subsection (7)(d)(B) that is specific to the location, type of
livestock operation, time of the year, and/or period of livestock production
associated with the depredation. The conflict deterrence plan measure
implemented by a landowner or lawful occupant must address wolf-livestock
conflict in open range situations when that situation exists.
(c) Human presence, when
used as a non-lethal measure under this rule, is presence which could
reasonably be expected to deter wolf-livestock conflict under the circumstances
and, regardless of the temporal requirements of sections 7(b)(B) and (C) of
this rule, may be considered an appropriate non- lethal measure if it:
(A) Occurs at a proximate time prior to and
in an area proximate to a confirmed depredation as determined by the
Department, and
(B) Indicates a
timely response to wolf location information in situations of potential wolf-
livestock conflict.
(9) Transparency and Public Disclosure.
(a) Except as provided in section (c) below,
prior to using lethal force to address chronic wolf depredation, and in a
timely fashion, the Department shall document and make publicly available on at
least its website:
(A) The determinations and
supporting findings referenced in section (7)(f) of this rule;
(B) Information including but not limited to
summaries of confirmed incidents of depredation and associated depredation
investigation reports, maps of areas of known wolf activity and areas of
depredating wolves, including changes and amendments to those maps, and area
specific conflict deterrence plans; and
(C) Documentation of measures implemented
pursuant to Section 8 of this rule. In documenting the removal of unnatural
attractants and implementation of conflict deterrence measures, the Department
may rely upon documented personal observation and/or written statements by the
owner or lawful occupant of the land where qualifying incidents of depredation
have occurred that confirm the non-lethal deterrence measures being utilized
prior to and at the time of the qualifying depredation.
(b) In any signed statements and other
information publicly disclosed pursuant to this section, the Department shall
redact from public disclosure the personal information of landowners, lawful
occupants, or other relevant individuals consistent with the Oregon public
records law, ORS Chapter 192.
(c)
In the case where the conditions in Section 7(f) of this rule have been met but
strict compliance with the public disclosure requirements of this section
cannot be accomplished without a delay that impedes the Department's ability to
pursue an immediately available opportunity to remove the wolf or wolves it
reasonably believes responsible for chronic depredation prior to another
depredation event on livestock, this section is deemed satisfied if, prior to
the use of lethal force, the Department:
(A)
Provides email or phone notification from the Department Director or designee
to a list of interested stakeholders communicating the findings in Section 7(f)
of this rule and the Department's intent to pursue immediate lethal action
based on those findings,
(B) Has
previously documented and disclosed, on at least the agency's website, the
information referenced in subsections (a)(A)-(C) of this section with respect
to all but the most recent qualifying depredation that resulted in the
Department's determination to pursue lethal action, and
(C) Provides the remaining information
referenced in subsections (a)(A)-(C) of this rule in a timely manner with
respect to the most recent qualifying incident that the Department pursues with
immediate lethal action.
(10) Duration of chronic depredation lethal
take authority. Take authority issued pursuant to subsection (7) expires:
(a) When the wolf or wolves identified for
lethal removal have been removed by Department or any other party.
(b) The Department may reinstate its take
authority if the Department confirms one additional qualifying incident of
depredation within two months after the last confirmed qualifying depredation
by what it believes to be a member or members of the same wolf pack and
non-lethal efforts specified in Section 8 have continued to be implemented by
the owner or lawful occupant of land where the additional depredation
occurs;
(c) 45 days after issuance
of the take authority and determination referenced in Section 7(f), unless the
Department confirms, within that time period, another qualifying incident of
depredation on livestock by what it believes to be the same wolf or wolves
identified for lethal removal and non-lethal efforts specified in Section 8
have continued to be implemented by the owner or lawful occupant of land where
the additional depredation occurs; or
(d) If the Department determines the wolf or
wolves identified for lethal removal have left the Area of Depredating Wolves.
To support this determination, data must show more than just a short-term or
seasonal movement outside the area's boundary.
(e) Except as allowed under subsections (b)
and (c) of this Section, any subsequent authorization or reinstatement of take
authority by the Department must comply with Sections 7 through 9 of this rule,
and must be based upon at least one additional qualifying
depredation.
(11) Lethal
take in the case of extreme circumstances. Notwithstanding sections (7) and (8)
of this rule, the Department may authorize the use of lethal force in extreme
circumstances.
(a) Extreme circumstances
means:
(A) Four or more confirmed incidents
of depredation of livestock by what the Department reasonably believes to be
the same wolf or wolves within seven days;
(B) The Department determines, based on
evidence it makes publicly available, that there were no intentionally placed
or known and reasonably accessible unnatural attractants such as bone or
carcass piles or disposal sites that contributed to the incidents of
depredation, and that non-lethal measures are and will likely remain
ineffective; and
(C) The Department
finds that depredation has rapidly escalated beyond the reasonable, available
means of the Department and affected livestock owners to stop additional
livestock losses from occurring.
(b) A decision to utilize lethal force
authority due to extreme circumstances shall be made by the the Department
director or director's designee, accompanied by the findings and determinations
required in section 11(a) made publically available on the Department's
website, and exercised within 14 days of the determination to exercise lethal
force authority under this section, or of the last confirmed depredation,
whichever comes later.
Statutory/Other Authority: ORS
496.012,
496.138,
496.146,
496.162,
498.012
& 498.014
Statutes/Other Implemented: ORS
496.012,
496.138,
496.146,
496.162,
498.002,
498.006,
498.012
& 498.014