ODA: ‘Open range’ isn’t open season on livestock

In many parts of Eastern Oregon, livestock animals areventuring far and wide in search of their next meal, sometimes onto theproperty of an unsuspectinglandowner. The result has already led to tragic andunfortunate consequences.

“Ourconditions east of the Cascades will continue to cause animals to be out of thepasture sooner and looking for better quality feed in a neighbor’s field,” saysRodger Huffman, managerof the Oregon Department of Agriculture’s AnimalIdentification Program.

Firethe past two years has destroyed fencing and other structures in some locationsof Eastern Oregon that normally would keep livestock in secured areas.

Ageneral lack of moisture thissummer has caused the range grasses and otherfeed sources to be less than adequate in terms of volume and quality.

Thatcombination of conditions has created greater potential for livestock tostraygreater distances. Even in areas of open range, it is leading to possibleconflict.

“Thereis a perception that anybody else’s animals that encroach on your privateproperty are trespassing, and that’s where the rub is,” says Huffman.

Lastmonth, a La Grande doctor was charged with seven counts of aggravated animalabuse and first degree criminal mischief after allegedly shooting seven cows–killing six of them– thathad come onto his property.

The area, once classifiedas open range, had been designated as a livestock district, creating a closedrange area. Technically, the animals were trespassing but there isnojustification for shooting the animals, even in a livestock district.

“Fora landowner to take that kind of action is unacceptable,” says Huffman. “Thereare other avenues to resolve the issue.”

Theincident underscores the confusion that comes from not understanding Oregon’sopen range law and a person’s responsibility to either keep livestock fenced inor fenced out. Openrange allows livestock to lawfully run at-large. The burdenis on property owners to keep them out rather than livestock owners to keepthem in.

“Peoplein open range areas that don’t want livestock animals in their yards orgardens, the law doesn’t say they must fence those animals out, but it infersit,” says Huffman. “If you havenot constructed an adequate fence, then ananimal that comes onto your land is not trespassing. If it was deemed by us tobe an ‘adequate’ fence and somehow the animal breached it, that’s adifferentstory.”

Forthose who live in a livestock district, or closed range, the owner of theanimals is required to keep them on their property.

Withmore people moving to the countryside from urban areas, there is often a lackof understanding when it comes to who is required to do what.

“Justbecause it appears to be a residential area doesn’t necessarily mean it isn’topen range,” says Huffman. “When animals wander into an urban-rural interface,they may be in open rangeand there may not be anything unlawful about what ishappening.”

Huffmansuggests if there is any question, property owners should find out whether theylive in open range or in a livestock district.

Three counties -– Grant, Harney,and Lake -– are entirelyopen range, meaning livestock can run at-large in allareas except for incorporated cities.

Ten counties, mostly on the west side ofthe state, are classified entirely as livestock districts and the ownermustkeep animals confined to their property. Those counties include Benton,Clackamas, Clatsop, Coos, Gilliam, Hood River, Multnomah, Polk, Sherman andTillamook.

The other 23 countiesare a combination of open range and livestockdistricts. The county clerk or ODA can provide detailed descriptions of openrange areas and livestock districts.

Knowingthe type of range, open or closed, will be helpful in knowing how to handlelivestock that wanders onto someone else’s property.

In a livestock district,such as the one in whichthe La Grande doctor allegedly shot the estrayanimals, it’s recommended to contact the livestock owner if the identity isknown.

Frequent problems can be addressed in civil or criminal court. If theowner is not known, ODA should be contacted so that a brand inspector can helpidentify ownership. Ultimately, the county sheriff’s office could get involvedto issue citations for animals at-large.

“Youcan try to run the animals off your property, even if it’s open range, butagain– there is nothing unlawful about the encroaching animals in open range ifthere wasn’t adequatefencing,” says Huffman. “When possible, the animalsshould be contained by the property owner. We aren’t in the business ofrounding up livestock, but we can help determine ownership and willhelp peopleresolve the issue.”

Huffmansays the bulk of livestock producers are sensitive and responsive to instanceswhen animals are causing damage to other people’s property, whether it’s in alivestock district oropen range.

“Thebest advice is to try and be tolerant if the animals are on your property. Ifyou can’t find the owner, contain the animals and call an ODA brand inspector.”

ODA’sAnimal Identification Program can be contacted at (503) 986-4680.

Thistime of year, the occurrence of livestock on someone else’s property ispractically daily. ODA gets involved several times a week. Because grassproduction and range conditions aredown significantly in many areas of EasternOregon, livestock animals are seeking out other food sources earlier thannormal. Huffman is anxious to reach out to those people who may come incontactwith a wayward cattle, sheep, equine, or goats.

“Realizethat animals will sometimes end up where they shouldn’t be. It is not unlawfulto chase them off your property but it is unlawful to cause them harm.”

Formore information, visit http://www.oregon.gov/ODA/AHID/pages/livestock_id/openclosed_range.aspx