1. (1) As used in this section:

   1. (a) “Officer” means any person authorized to enforce the wildlife laws pursuant to ORS 496.605, 496.610 or 496.615.
   2. (b) “Potentially habituated wildlife” means bear, cougar, coyote and wolf.
2. (2) A person who places, deposits, distributes, stores or scatters food, garbage or any other attractant so as to knowingly constitute a lure, attraction or enticement for potentially habituated wildlife may be issued a written notification by an officer requiring the person to remove the food, garbage or other attractant within two days of notification.
3. (3) A person who receives a written notification under subsection (2) of this section shall remove the food, garbage or other attractant as directed.

4. (4) This section does not apply to:

   1. (a) Activities related to an agricultural, forestry or ranching operation.

   2. (b) Feeding potentially habituated wildlife with the State Fish and Wildlife Director’s authorization. The director may authorize the feeding:

      1. (A) In order to prevent damage to private property;
      2. (B) In order to mitigate the population loss anticipated by a predicted winter mortality; or
      3. (C) As a part of a research or management program.
   3. (c) Waste disposal facilities operating in accordance with applicable federal, state and local laws.
   4. (d) Zoos, wildlife refuges and persons that have a permit to keep wildlife in captivity for rehabilitation or other purposes pursuant to ORS 497.228, 497.298 or 497.308.
5. (5) Nothing in this section affects any provision of ORS 498.164.

[2011 c.284 §3]