Bandon man accused of illegally setting trap that killed neighbor's dog
BANDON, Ore. - A man faces accusations he illegally set a trap on his property that caught and killed his neighbor's dog, Oregon State Police said.
Troopers arrested Monte Callaway, 57, of Bandon on charges of Animal Abuse 1 (Felony), Trapping Prohibited Method – Unbranded Traps, Instant Kill Trap with Jaw Spread 9 inches or More in Any Land Set, Unlawful Take Furbearer – Raccoon, and No Raccoon Take Permit.
The investigation started the evening of June 11 when the dog's owner reported the animal had been caught and killed in a trap on a neighbor's property, state police said.
Callaway had set a Conibear 330 trap on land, police said.
"A conibear 330 trap is commonly used to trap beaver, and is required by the Oregon Furbearer Trapping Regulations to be used in a water set only, and it is illegal to use it on land," according to state police.
State police declined to comment on how the dog's owner found out about the animal, or whether investigators suspect a motive on behalf of Callaway.
He is being held in the Coos County Jail.
About trapping in Oregon
Oregon State Police offered this background information on the regulations and laws related to trapping in Oregon.
A conibear 330 trap is commonly used to trap beaver, and is required by the Oregon Furbearer Trapping Regulations to be used in a water set only, and it is illegal to use it on land. It is a square-shaped trap which measures 10 inches by 10 inches.
A raccoon is considered a furbearing mammal and can be trapped either during raccoon season, which is September 1st – March 15th, or out-of-season if they are causing damage, but require a damage permit, which is issued by the Oregon Department of Fish and Wildlife (ODFW), to do so.
All traps and snares, whether set for furbearing or unprotected mammals, must be legibly marked or branded with the owner’s license number that has been assigned by ODFW.
Per the Oregon Furbearer Trapping Regulations: A land set is defined as any set with a trap or snare other than a water set. A water set is defined as any trap or snare originally set within a permanent water source or a seasonal water source when water is present, such that at least a portion of the trap jaws or snare loop is submerged. If water levels fluctuate, any killing trap with a jaw spread of 9” or more originally set in a water set must be removed or adjusted such that at least a portion of the trap jaws are submerged at the next required trap-check except in tidally influenced areas when set below the mean high water mark.
Some of the applicable statutes
Oregon Revised Statute (ORS) 497.075:
(1) Except as provided in subsections (2), (3) and (4) of this section, no person shall angle for, take, hunt or trap, or assist another in angling for, taking, hunting or trapping, any wildlife unless the person has in possession such valid licenses, tags and permits therefor as the State Fish and Wildlife Commission issues.
(4) A trapping license is not required: (a) Of a resident person to trap fur-bearing mammals or predators, except those species for which a tag or permit is required by the wildlife laws or any rule promulgated pursuant thereto, on land upon which the person resides and is owned by the person or a member of the person’s immediate family.
Oregon Revised Statute (ORS) 498.002:
(1) Wildlife is the property of the state. No person shall angle for, take, hunt, trap or possess, or assist another in angling for, taking, hunting, trapping or possessing any wildlife in violation of the wildlife laws or of any rule promulgated pursuant thereto.
Oregon Revised Statute (ORS) 498.012:
(1) Nothing in the wildlife laws is intended to prevent any person from taking any wildlife that is causing damage, is a public nuisance or poses a public health risk on land that the person owns or lawfully occupies. However, no person shall take, pursuant to this subsection, at a time or under circumstances when such taking is prohibited by the State Fish and Wildlife Commission, any game mammal or game bird, fur-bearing mammal or nongame wildlife species, unless the person first obtains a permit for such taking from the commission.
(2)(a) Nothing in subsection (1) of this section requires a permit for the taking of cougar, bobcat, red fox or bear pursuant to that subsection. However, any person who takes a cougar, bobcat, red fox or bear must have in possession written authority therefor from the landowner or lawful occupant of the land that complies with subsection (4) of this section.
(7)As used in this section: (a)“Damage” means loss of or harm inflicted on land, livestock or agricultural or forest crops.