Directs the State Department of Agriculture to establish an elk damage prevention and compensation pilot program.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2363
Sponsored by Representative LEVY B; Representatives BOICE, OSBORNE, SMITH G, WRIGHT, Senator NASH
(Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act directs an agency to create a program related to elk damage. The Act estab-
lishes a fund for the program. The Act gives moneys to the agency for the program. (Flesch Read-
ability Score: 70.8).
Directs the State Department of Agriculture to establish an elk damage prevention and com-
pensation pilot program.
Establishes the Elk Damage Prevention and Compensation Fund in the State Treasury. Contin-
uously appropriates moneys in the fund to the department for implementing the program.
Sunsets the program and fund on January 2, 2031.
Directs the State Department of Agriculture and the State Department of Fish and Wildlife to
report on the program to committees or interim committees of the Legislative Assembly related to
natural resources on or before September 15, 2029.
Appropriates moneys to the State Department of Agriculture for implementing the program.
Takes effect on the 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to damage caused by elk; and prescribing an effective date.
Whereas it is in the interest of the State of Oregon to encourage coexistence with Oregon
wildlife, including elk populations; and
Whereas elk cause considerable damage and loss to crops, forage and infrastructure in Oregon;
and
Whereas farmers and ranchers are economically impacted by damage caused by elk in a wide
variety of ways, including suffering directly measurable losses, expending time and labor to prevent,
mitigate and address the damage, and suffering the opportunity cost of having to forgo growing
certain high-value crops that are attractive to elk; and
Whereas a program of limited duration to support farmers and ranchers through prevention and
compensation is viewed as a meaningful part of a larger elk management conversation that aims to
address root causes of human-ungulate conflict in Oregon; and
Whereas it is the policy of the State of Oregon that appropriate measures must be taken to as-
sist farmers, ranchers and others in resolving wildlife damage problems, and that federal, state,
county and other local governments involved in wildlife damage control should cooperate in their
related efforts; now, therefore,
Be It Enacted by the People of the State of Oregon:
ELK DAMAGE PREVENTION AND COMPENSATION PILOT PROGRAM
SECTION 1.
As used in this section and sections 2 and 3 of this 2025 Act:
(1) “Best preventive measures” has the meaning given that term in rule by the State
Department of Agriculture.
NOTE:Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 251
HB 2363
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(2) “Eligible damage”:
(a) Means elk damage on eligible land to standing or harvested agricultural crops, in-
cluding livestock forage, or to infrastructure, including fences or agricultural equipment,
that has not been covered by insurance.
(b) May include the cost of third-party assessment of the damage.
(3) “Eligible land” means land:
(a) That is privately owned.
(b) That is not enrolled in a conservation reserve program.
(c) That is in a pilot program area, as determined under section 2 of this 2025 Act.
(d) For which no compensation is received in exchange for, or that relates to, providing
permission for a person to hunt on the land.
(4)(a) “Eligible person” means a person who:
(A) Lives on or leases eligible land for at least six consecutive months in the calendar
year before the person enrolls in the elk damage prevention and compensation pilot program
described in section 2 of this 2025 Act.
(B) Derives $10,000 or more per year, on average, from producing agricultural crops on
the eligible land.
(C) Controls crops or infrastructure that is damaged by elk.
(b) “Eligible person” does not include a person who:
(A) Merely owns real property or pays property taxes in this state; or
(B) Claims resident privileges in another state or country for any purpose.
(5) “Eligible preventive measure” means a measure that is reasonably expected to reduce
elk damage on eligible land, including:
(a) Repellants.
(b) Temporary or permanent barriers, such as fencing.
(c) Reasonable time spent on nonlethal deterrence activities such as hazing, but not in-
cluding labor to build barriers.
SECTION 2.
(1) The State Department of Agriculture shall establish and implement an
elk damage prevention and compensation pilot program.
(2) Under the pilot program, the department shall use available moneys in the Elk Dam-
age Prevention and Compensation Fund established under section 4 of this 2025 Act to pro-
vide compensation for eligible damages and eligible preventive measures to eligible persons
who suffer loss due to elk damage.
(3) In consultation with the State Department of Fish and Wildlife, the State Department
of Agriculture shall select, as two pilot program areas, one area east of the Cascade Moun-
tains and one area west of the Cascade Mountains after considering, for the areas:
(a) The history of elk damage to agriculture.
(b) The timing of elk damage, including throughout the year or seasonally.
(c) Past actions by agencies and landowners to alleviate elk damage.
(d) Elk population sizes and distribution.
(e) Agricultural crop types.
(4) Under the pilot program, the department may award compensation for eligible dam-
ages and eligible preventive measures to an eligible person who demonstrates that the eligi-
ble person:
(a) Has used one or more best preventive measures to prevent elk damage on the eligible
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land in the preceding five calendar years.
(b) Has not intentionally or unreasonably created circumstances that attract elk to the
eligible land or otherwise encourage elk damage on the eligible land.
SECTION 3.
To implement the elk damage and compensation pilot program described in
section 2 of this 2025 Act, the State Department of Agriculture shall adopt rules to establish:
(1) A process for enrolling in, and periodically renewing enrollment in, the pilot program
that includes verification of whether or not:
(a) The person qualifies as an eligible person.
(b) The person has implemented one or more best preventive measures to prevent elk
damage on the eligible land in the preceding five calendar years.
(c) The person has intentionally or unreasonably created circumstances that attract elk
to the eligible land or otherwise encourage elk damage on the eligible land.
(2) A process for submitting claims, including evidence of eligible damage that includes
a finding by an agent of the department, an agent of the United States Department of Agri-
culture or a crop adjuster licensed under ORS 744.531 (3) that elk caused or probably caused
the eligible damage.
(3) A process for assessing claims that describes:
(a) How the State Department of Agriculture will assess the cost of eligible damage.
(b) The role and selection of professional damage assessors.
(c) Whether, or under what circumstances, an eligible person may be reimbursed for the
cost of third-party damage assessment as part of compensation for eligible damages.
(4) Methods for determining:
(a) Compensation amounts for eligible damage, such as a net loss in production at the
end of a growing season relative to regional averages and anticipated loss rates.
(b) Compensation amounts for reasonable time spent on nonlethal elk deterrence activ-
ities such as hazing.
(c) How to reduce the amount of a claim that has been partially compensated by an in-
surance company.
(d) Maximum amounts for compensation for eligible damages and eligible preventive
measures.
(5) A process for prioritizing awards of compensation to eligible persons who:
(a) Can demonstrate having made significant efforts to prevent or mitigate elk damage.
(b) Allow persons licensed by the State Department of Fish and Wildlife to take elk on
the property that is affected by the elk damage.
(6) A definition of the term “best preventive measures” that lists ways to deter elk
damage, including:
(a) Nonlethal deterrence activities; and
(b) The provision of hunting access for the lethal taking of elk, consistent with applicable
laws and rules, by permission, to the public or to individuals, without receipt of compen-
sation in exchange for, or that relates to, the permission.
(7) The terms for awarding compensation for large area barriers, such as fencing, in-
cluding requiring:
(a) Matching funds from the eligible person.
(b) That the eligible person demonstrate previous use of repellants, hazing and temporary
barriers and that those measures did not adequately prevent elk damage.
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(c) That the large area barriers conform to design standards established by the State
Department of Agriculture pursuant to subsection (8) of this section.
(8) Design standards for large area barriers, in consultation with the State Department
of Fish and Wildlife.
SECTION 4.
(1) The Elk Damage Prevention and Compensation Fund is established in the
State Treasury, separate and distinct from the General Fund. Interest earned by the Elk
Damage Prevention and Compensation Fund shall be credited to the fund.
(2) The Elk Damage Prevention and Compensation Fund consists of moneys appropriated
by the Legislative Assembly for deposit in the fund, grant funds received by the State De-
partment of Agriculture, and other moneys appropriated to, allocated to, deposited in, cred-
ited to or transferred to the fund by the Legislative Assembly or otherwise.
(3) Moneys in the fund are continuously appropriated to the department for purposes
described in section 2 of this 2025 Act.
SECTION 5. (1) Sections 1 to 4 of this 2025 Act are repealed on January 2, 2031.
(2) Any moneys remaining in the Elk Damage Prevention and Compensation Fund es-
tablished under section 4 of this 2025 Act that are unexpended and unobligated on the date
specified in subsection (1) of this section shall revert to the General Fund.
REPORTS
SECTION 6. As soon as there is sufficient data and no later than September 15, 2029:
(1) The State Department of Agriculture shall report, in the manner prescribed in ORS
192.245, to committees or interim committees of the Legislative Assembly related to natural
resources on the elk damage prevention and compensation pilot program described in section
2 of this 2025 Act. The report must include:
(a) A summary of pilot program descriptive statistics, including but not limited to:
(A) The number of persons participating in the pilot program.
(B) The types and quantities of damage reported under the pilot program.
(C) The amounts awarded under the pilot program.
(b) An evaluation of successes and challenges in administering the pilot program.
(c) A proposal for a permanent elk damage and compensation program.
(d) An evaluation of the benefits and drawbacks of transitioning to a program that is
partially administered by counties.
(2) The State Department of Fish and Wildlife shall report, in the manner prescribed in
ORS 192.245, to committees or interim committees of the Legislative Assembly related to
natural resources on the pilot program. The report must:
(a) Compare the occurrence of elk damage inside and outside, and over time within, the
pilot program areas.
(b) Analyze changes to elk hunting opportunities within the pilot program areas.
(c) Summarize information on elk population sizes throughout this state.
(d) Summarize any available information on elk distribution throughout this state.
(e) Describe the types of data that would assist with better understanding elk distribution
throughout this state and how the data might be obtained.
APPROPRIATION
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SECTION 7.
In addition to and not in lieu of any other appropriation, there is appropri-
ated to the State Department of Agriculture, for the biennium beginning July 1, 2025, out
of the General Fund, the amount of $600,000, for deposit in the Elk Damage Prevention and
Compensation Fund established by section 4 of this 2025 Act, to be expended as described in
section 4 of this 2025 Act.
CAPTIONS
SECTION 8.
The unit captions used in this 2025 Act are provided only for the convenience
of the reader and do not become part of the statutory law of this state or express any leg-
islative intent in the enactment of this 2025 Act.
EFFECTIVE DATE
SECTION 9. This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die.
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