Oregon Cougar Ballot Measure
Posted: Tue Jan 12, 2010 4:31 am
Jess Messner of Redmond, Oregon is working on a ballot measure for the 2012 election to allow the Oregon Department of Fish and Wildlife (ODFW) to authorize sport hunting with hounds to control cougar populations.
Below is the ballot text, as written, for the proposed ballot initiative to allow ODFW to authorize sport hunting with hounds as a means of managing cougar, and therefor deer and elk populations. The Secretary of State’s proposed ballot title reads, “Overrides the initiative petition adopted in 1994 and permits use of dogs to hunt cougars [sic]”. The very first statement in the text of the measure concerns the prevention of the overpopulation of dangerous predators. That should be the thrust of its title.
The Secretary of State’s summary repeatedly mentions “overpopulation” as used in the measure as being undefined. The condition of “overpopulation” is defined in the measure’s text. It is the stated intent of the measure that the condition of “overpopulation” be established by ODFW. Furthermore, the measure does not simply repeal the 1994 initiative petition. It establishes several new guidelines and procedures. The Secretary of State’s summary and ballot title are unacceptable, and I believe that the assignment of this title and summary amounts to a biased and obvious attempt to electioneer against the measure directly on the ballot. I strongly protest this ballot title and summary for this measure as they are now written.
Please write or fax your comments to the Secretary of State before January 15th, 2010 at:
Elections Division, 255 Capital St. NE Ste 501, Salem, OR 97310
FAX: (503) 373-7414
Ballot text:
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OREGON: A new section shall be added to the Oregon Revised Statutes, which shall read:
Section 1: The State shall prevent overpopulation of dangerous predators. Whereas mountian lions in reasonable numbers play an important role in the balance of nature and should be protected from extinction and from over-hunting; whereas overpopulation of these predators results in decimation of deer, elk, and antelope herds and starvation for the predators; whereas overpopulation of predator species forces these dangerous animals into neighborhoods where they pose a threat to children, pets and livestock; whereas it is extremely difficult to control overpopulation of mountian lions without the use of dogs; whereas chasing mountain lions with dogs teaches this species to avoid for its own benefit human contact; and whereas under laws and rules in existence prior to adoption of this 2012 Act, the state has hired professional contractors to reduce Oregon’s overpopulation of mountain lions and has even authorized the killing of female cougars with kittens:
Therefor, to avoid continuation of such egregious and harmful practices and to show the respect properly due these magnificent creatures, and to protect mountain lions from overpopulation and the harm this causes them and other psecies cohabiting in their environment, the following protections and safeguards are hereby adopted:
Neither the state nor any political subdivision of the state shall hire or otherwise contract with any person to kill female mountain lions with young cubs.
The Oregon Department of Fish and Wildlife shall control and maintain the state’s population of mountain lions at a level that is healthy for the predators and also protects and safeguards humans, pets, and domestic livestock.
The Oregon Department of Fish and Wildlife shall make available to the public hunting permits or tags in sufficient numbers to control the mountain lion population and shall allow the use of dogs to hunt or chase them in all parts of the state where there exists an overpopulation of mountain lions or where the state game managers forsee a looming overpopulation.
Where state game officials find it appropriate, including when no actual harvesting of animals is allowed or necessary, the Oregon Department of Fish and Wildlife may allow the use of dogs to pursue and tree mountain lions, so as to instill and maintain in these predators a desire to avoid contact with humans.
Section 2. This 2012 Act supersedes any pre-existing law, rule, or ordinance with which it conflicts. Nothing in this 2012 Act shall be construed as prohibiting the state from using professional hunters to kill or trap and relocate animals posing a serious and imminent threat to humans, pets, and livestock.
Oregon Secretary of State’s summary:
The Office of the Secretary of State receuved a draft ballot title from the Attorney General on December 31, 2009, for initiative petition #1, proposing a statutory amendment, for the General Electionof November 6, 2012.
The draft ballot title is as follows:
Overrides the initiative petition adopted in 1994 and permits use of dogs to hunt cougars
Result of a “Yes” Vote: “Yes” vote overrides the 1994 initiative petition and allows use of dogs to hunt cougars where “overpopulation” (undefined) exists or “looming overpopulation” (undefined) is forseen.
Result of a “No” Vote: “No” vote retains the existing prohibition on the ise of dogs to hunt cougars (with exceptions) adopted by the people by initiative petition in 1994.
Summary: As adopted by initiative petition in 1994, current law prohibits the use of dogs to hunt or pursue cougars. Exceptions exist for government employees and agents, when acting in their official capacities, and by other persons if cougars cause damage, public health risk, or public nuisance. Violation results in criminal penalties and a five year bar on applying for any hunting license. Measure overrides the 1994 initiative and permits the use of dogs to hunt cougars in areas where cougars are “overpopulated” (undefined) or where state game managers forsee “looming overpopulation” (undefined). Also allows the use of dogs to pursue and tree cougars, even if “harvesting” is not allowed or necessary, to instill and maintain on cougars a desire to avoid human contact. Other provisions.
Below is the ballot text, as written, for the proposed ballot initiative to allow ODFW to authorize sport hunting with hounds as a means of managing cougar, and therefor deer and elk populations. The Secretary of State’s proposed ballot title reads, “Overrides the initiative petition adopted in 1994 and permits use of dogs to hunt cougars [sic]”. The very first statement in the text of the measure concerns the prevention of the overpopulation of dangerous predators. That should be the thrust of its title.
The Secretary of State’s summary repeatedly mentions “overpopulation” as used in the measure as being undefined. The condition of “overpopulation” is defined in the measure’s text. It is the stated intent of the measure that the condition of “overpopulation” be established by ODFW. Furthermore, the measure does not simply repeal the 1994 initiative petition. It establishes several new guidelines and procedures. The Secretary of State’s summary and ballot title are unacceptable, and I believe that the assignment of this title and summary amounts to a biased and obvious attempt to electioneer against the measure directly on the ballot. I strongly protest this ballot title and summary for this measure as they are now written.
Please write or fax your comments to the Secretary of State before January 15th, 2010 at:
Elections Division, 255 Capital St. NE Ste 501, Salem, OR 97310
FAX: (503) 373-7414
Ballot text:
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OREGON: A new section shall be added to the Oregon Revised Statutes, which shall read:
Section 1: The State shall prevent overpopulation of dangerous predators. Whereas mountian lions in reasonable numbers play an important role in the balance of nature and should be protected from extinction and from over-hunting; whereas overpopulation of these predators results in decimation of deer, elk, and antelope herds and starvation for the predators; whereas overpopulation of predator species forces these dangerous animals into neighborhoods where they pose a threat to children, pets and livestock; whereas it is extremely difficult to control overpopulation of mountian lions without the use of dogs; whereas chasing mountain lions with dogs teaches this species to avoid for its own benefit human contact; and whereas under laws and rules in existence prior to adoption of this 2012 Act, the state has hired professional contractors to reduce Oregon’s overpopulation of mountain lions and has even authorized the killing of female cougars with kittens:
Therefor, to avoid continuation of such egregious and harmful practices and to show the respect properly due these magnificent creatures, and to protect mountain lions from overpopulation and the harm this causes them and other psecies cohabiting in their environment, the following protections and safeguards are hereby adopted:
Neither the state nor any political subdivision of the state shall hire or otherwise contract with any person to kill female mountain lions with young cubs.
The Oregon Department of Fish and Wildlife shall control and maintain the state’s population of mountain lions at a level that is healthy for the predators and also protects and safeguards humans, pets, and domestic livestock.
The Oregon Department of Fish and Wildlife shall make available to the public hunting permits or tags in sufficient numbers to control the mountain lion population and shall allow the use of dogs to hunt or chase them in all parts of the state where there exists an overpopulation of mountain lions or where the state game managers forsee a looming overpopulation.
Where state game officials find it appropriate, including when no actual harvesting of animals is allowed or necessary, the Oregon Department of Fish and Wildlife may allow the use of dogs to pursue and tree mountain lions, so as to instill and maintain in these predators a desire to avoid contact with humans.
Section 2. This 2012 Act supersedes any pre-existing law, rule, or ordinance with which it conflicts. Nothing in this 2012 Act shall be construed as prohibiting the state from using professional hunters to kill or trap and relocate animals posing a serious and imminent threat to humans, pets, and livestock.
Oregon Secretary of State’s summary:
The Office of the Secretary of State receuved a draft ballot title from the Attorney General on December 31, 2009, for initiative petition #1, proposing a statutory amendment, for the General Electionof November 6, 2012.
The draft ballot title is as follows:
Overrides the initiative petition adopted in 1994 and permits use of dogs to hunt cougars
Result of a “Yes” Vote: “Yes” vote overrides the 1994 initiative petition and allows use of dogs to hunt cougars where “overpopulation” (undefined) exists or “looming overpopulation” (undefined) is forseen.
Result of a “No” Vote: “No” vote retains the existing prohibition on the ise of dogs to hunt cougars (with exceptions) adopted by the people by initiative petition in 1994.
Summary: As adopted by initiative petition in 1994, current law prohibits the use of dogs to hunt or pursue cougars. Exceptions exist for government employees and agents, when acting in their official capacities, and by other persons if cougars cause damage, public health risk, or public nuisance. Violation results in criminal penalties and a five year bar on applying for any hunting license. Measure overrides the 1994 initiative and permits the use of dogs to hunt cougars in areas where cougars are “overpopulated” (undefined) or where state game managers forsee “looming overpopulation” (undefined). Also allows the use of dogs to pursue and tree cougars, even if “harvesting” is not allowed or necessary, to instill and maintain on cougars a desire to avoid human contact. Other provisions.