TrapFree Oregon

TFO is a non-profit organization dedicated to getting trapping and poisoning of our wildlife legally banned in Oregon by November 2014.

 

 

The TFO 2014 Ballot Initiative

November, 2012

Plain English Translation

.............BEGIN BALLOT INITIATIVE.............

A MEASURE RELATING TO PUBLIC SAFETY AND THE HUMANE TREATMENT OF WILDLIFE AND PETS

1. Notwithstanding ORS 610.060, ORS 610.105, and ORS 498.012, it shall be unlawful for any person:

a) To trap any animal for commerce in raw fur or body parts, or for recreation;

b) To buy, sell, barter, or otherwise exchange, or offer to buy, sell, barter, or otherwise exchange, the raw fur or any other body part of any wild animal that has been trapped;

c) To poison or attempt to poison any animal using sodium fluoroacetate (also known as Compound 1080) or sodium cyanide.

d) To kill or attempt to kill any mammal with poison, except as provided in subsection (12) of this section.

e) To use or authorize the use of any Conibear trap or body-gripping trap.

2. Notwithstanding subsection (1)(e) of this section, a person is permitted to use a Conibear trap in water, a padded leg-hold trap, or a non-strangling foot snare on private land, subject to existing state and federal laws and regulations.

3. Nothing in this section prohibits the Director from granting a special permit to state or federal employees or their agents to use a Conibear trap in water, a padded leg-hold trap, or a non-strangling foot snare on any public land including state owned or state leased land, lands administered by the United States Forest Service, the Federal Bureau of Land Management, The National Park Service, The United States Department of Defense, The State Parks Board and any county or municipality if it is established that there exists on the public land in question an animal problem that has not been and cannot be reasonably abated by the use of nonlethal control tools, including but not limited to changes in livestock management practices, the use of guard animals, barriers, alarm devices, hazing, or human supervision or if such nonlethal means cannot be reasonably applied. Upon making a written finding, freely available to the public, that the animal problem has not been abated by the reasonable use of nonlethal control tools and cannot be reasonably abated by nonlethal control tools or if the tools cannot be reasonably applied, the director may authorize the use, setting, placing, or maintenance of the traps for a period not to exceed thirty (30) days.

4. Nothing in this section prohibits the Director from granting a special permit to federal, state, county, or municipal employees or agents to use any Conibear trap or body-gripping trap for the purpose of protecting people from threats to their health and safety.

5. Nothing in this section prohibits the Director from issuing permits to use padded leghold traps or non-strangling foot snares for the conduct of legitimate wildlife research by credentialed professional biologists.

6. Nothing in this section prohibits the Director from granting a special permit to department employees or agents or other state agencies to use any Conibear trap or body-gripping trap where the use of the traps is the only practical means of protecting threatened or endangered species as designated under ORS 486.182.

7. Nothing in this section prohibits the United States Fish and Wildlife Service, it employees or agents, from using any Conibear trap or body-gripping trap where the Service determines, in consultation with the Director, that the use of such traps is necessary to protect species listed as threatened or endangered under the federal Endangered Species Act (16 U.S.C. § 1531 et seq.).

8. When legally employing any Conibear trap or body-gripping trap, the immediate area where such traps are deployed, on public land or private property legally accessible to the public, shall be prominently marked with highly-visible, durable warning signs.

9. Any legally employed Conibear trap, body-gripping trap, or cage trap shall be checked at intervals not to exceed 24 hours.

10. A violation of this section is a class A misdemeanor.

11. Nothing in this section shall be construed in any manner to affect the taking of wildlife with firearms, with fishing equipment, with archery equipment, or other implements in hand as may be defined or regulated by the Oregon Department of Fish and Wildlife, including the taking of wildlife pursuant to a hunting or fishing license issued by ODFW.

12. Nothing in this section shall be construed in any manner to affect the ability of any person to trap or poison mice, rats, gophers, moles, ground squirrels, or non-furbearing rodents.

13. Definitions:

a) "Trap" for purposes of this section incorporates the definition in ORS 496.004(18). For purposes of this section, this definition and the terms defined in subsection (b), (c) and (d) do not include lariats, head gates, catchpoles, or methods used to temporarily detain livestock.

b) “Conibear trap” means any trap of various manufacturers having design and operational characteristics essentially the same as or like that developed by Frank Conibear and designed and set to kill an animal instantly.

c) "Body-gripping trap" means a trap that grips an animal's body or body part.

d) "Cage trap" means a trap that allows the animal to be lured into an enclosure and closes the entryway to prevent escape and is intended to capture an animal alive.

e) “Padded leg-hold trap” means a trap designed and set to grip the foot or limb of an animal, both jaws of which are covered with rubber pads having a minimum thickness of one-eighth inch.

f) “Non-strangling foot snare” means a cable or wire designed and set to encircle and hold an animal’s foot or limb without tightening down as the animal’s limb moves.

g) "Raw fur" means the hide or pelt of any animal.

h) “Animal" means any nonhuman warm-blooded vertebrate.

i) “Person” as used in this section means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character.

................END OF BALLOT INITIATIVE..............

 

Here's the plain English version of what the Initiative says:

1. No more trapping animals in Oregon for their fur or other body parts.

2. No more buying or selling the fur or other part of any trapped animal in Oregon.

3. No more poisoning of animals in Oregon (with one exception- section 5b).

4. No more body-gripping traps to be used for any purpose (with certain exceptions- section 5).

5. Exception for using traps and poisons are these:

a) Trapping OK on private land, but no more neck snares, unpadded leg-hold traps or Conibears on land.

b) Traps and poisons for controlling mice and other small rodent-like animals.

c) Traps can be used, by special 30-day ODFW permit, to deal with an animal problem that cannot be abated by other non-lethal means. (A publicly available study must be done to support this permit.)

d) Traps can be used to protect people from threats to their health and safety.

e) Traps can be used, by special ODFW permit, to protect threatened or endangered species.

f) Non-killing traps can be used to conduct legitimate wildlife research.

6. The area around all legally set traps (except mouse traps) must be prominantly marked:

a) on all public land

b) on all private property that is legally acessible to the public (i.e. private timber lands, golf courses, homeowners associations)

7. All legally set traps shall be checked every 24 hours (instead of 48 hours).

8. This Initiative does not, in any way, limit or restrict the use of firearms, bows or fishing equipment to take wildlife as permitted by state law- JUST TRAPS.

 

When this Ballot Measure passes, it will be written into the laws of Oregon and will not be subject to "interpretation" by the Department of Fish and Wildlife or anyone else. It will be the law, until it is changed or repealed by the Oregon Legislature or by another ballot initiative at a later date.

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