2007 Oregon Code - Chapter 496 :: TITLE 41
TITLE 41
WILDLIFE
Chapter 496. Application, Administration and Enforcement
of Wildlife Laws
497. Licenses and Permits
498. Hunting, Angling and Trapping Regulations;
Miscellaneous Wildlife Protective Measures
501. Refuges and Closures
_______________
Chapter 496
Application, Administration and Enforcement of Wildlife Laws
2007 EDITION
ADMINISTRATION & ENFORCEMENT OF WILDLIFE
LAWS
WILDLIFE
GENERAL PROVISIONS
496.002 Short
title
496.004 Definitions
496.007 Game
bird defined
496.009 Game
fish defined
496.012 Wildlife
policy
496.016 Applicability
of wildlife laws to commercial fishing laws
496.018 Person
with disability under wildlife laws
STATE DEPARTMENT OF FISH AND WILDLIFE; COMMISSION; DIRECTOR; DUTIES AND
POWERS GENERALLY
496.080 State
Department of Fish and Wildlife
496.085 Fish
Screening Task Force; qualifications of members; duties
496.090 State
Fish and Wildlife Commission; members; terms; qualifications; compensation and
expenses
496.108 Commission
officers; quorum; meetings
496.112 State
Fish and Wildlife Director; term; compensation and expenses; delegation of
commission powers to director
496.116 Delegation
of rulemaking authority to director; requirements
496.118 Duties
and powers of director
496.121 Authority
of department to require fingerprints
496.124 Fish
Division; Wildlife Division; authority
496.128 Reports
by commission
496.138 General
duties and powers; rulemaking authority; hearing prior to budget request to
Governor
496.141 Fish
screening program report
496.146 Additional
powers of commission; rules
496.151 Allocation
of nonresident tags for outfitters and guides
496.154 Limitation
on authority to condemn certain farm use property
496.156 Expenditure
priority for anadromous fish management
496.162 Establishing
seasons, amounts and manner of taking wildlife; rules
496.164 Cooperation
with public and private agencies for fish and wildlife management; technical
information and policy recommendations; use of recommendations by state
agencies
496.166 Citizen
involvement for wildlife management on private lands
THREATENED OR ENDANGERED WILDLIFE SPECIES
496.171 Definitions
for ORS 496.171 to 496.182; applicability date
496.172 Commission
management authority for threatened or endangered species; rules
496.176 Listing
species; procedure; matters to be considered; periodic review
496.182 Protection
and conservation programs; compliance by state agencies; rules
496.192 Effect
of law on commercial forestland or other private land; effect on other laws
SALMON FOR INDIAN CEREMONIES
496.201 Department
to furnish salmon for ceremonies; amount; source
496.206 Written
request for salmon; contents; time for providing salmon
496.211 Limitation
on amount and use
496.216 Disposition
of salmon remaining after ceremony
496.221 ORS
496.201 to 496.221 not intended to extend Indian legal or political rights
ACCESS AND HABITAT BOARD
496.228 Access
and Habitat Board; qualification of members; expenses; term; meetings
496.232 Board
to make program recommendations; commission approval; report; fund expenditure
qualifications; gifts and grants
496.236 Advisory
councils to board; duties; no compensation or expenses for members
496.242 Access
and habitat program funds
FISH HABITAT IMPROVEMENT
496.260 Project
applications; contents; notice of reasons for rejection; approval conditions;
limitation on tax credit
496.265 Limitation
on amount eligible for tax credit
496.270 Immunity
from liability for damages resulting from habitat or water quality improvement
project; exceptions
FISH RESOURCE PROTECTION, RESTORATION AND
ENHANCEMENT
(Salmon)
496.275 Salmon
resource protection and restoration; review of public and private production
facilities; approval of production facilities by department
(All Fisheries)
496.280 Findings
496.283 Use
of moneys from surcharges; limitations on expenditures
496.286 Restoration
and Enhancement Board
496.289 Duties
of board; report to legislature; recommendations for programs
496.291 Advisory
councils; recommendations to board; consultation with councils
PILOT PROGRAM FOR LANDOWNER PREFERENCE TAGS
(Temporary provisions relating to pilot program for landowner
preference tags are compiled as notes following ORS 496.291)
STATE WILDLIFE FUND; RECEIPTS AND
EXPENDITURES
496.300 State
Wildlife Fund; sources; uses
496.303 Fish
and Wildlife Account; sources; subaccounts; uses
496.306 Compensation
for damage done by bear and cougar not to be paid from State Wildlife Fund
496.311 Limitation
on size of revolving fund
496.340 Payments
to counties in lieu of taxes
NONGAME WILDLIFE
496.375 Nongame
wildlife defined
496.380 Designation
of tax refunds to finance program
496.385 Nongame
Wildlife Fund
496.390 Control
over fund by department; use of moneys
SALMON AND TROUT ENHANCEMENT
496.430 Definitions
for ORS 496.430 and 496.435 to 496.455
496.435 Policy
to recover and sustain native stocks
496.440 Enhancement
program to be conducted by commission; objective
496.445 Duties
of commission
496.450 Application
for project; subjects for projects; conditions for approval
496.455 Use
of native stocks for projects; conditions
496.458 Remote
hatchbox program; rules
496.460 Salmon
and Trout Enhancement Program Advisory Committee; members; duties and powers;
travel and expenses
496.465 Interference
with project prohibited
ADOPTION OF PLANS FOR NATURAL PRODUCTION OF
ANADROMOUS FISH RUNS
496.470 Natural
production of anadromous fish; rules; priorities
496.475 Adoption
of basin plans
496.480 Reports
on basin plans
FISHING TACKLE COLLECTION, DISPOSAL AND
RECYCLING
496.490 Fishing
tackle program
WILDLIFE COOPERATION; FEDERAL WILDLIFE AID
496.510 Assent
to federal wildlife-restoration statute; duty of commission with regard thereto
496.525 Federal
fish restoration and management aid; powers of commission with regard thereto
MIGRATORY WATERFOWL STAMP
496.550 Migratory
waterfowl stamp; design selection; production of stamps and art works
496.555 Contract
on migratory waterfowl stamp matters
UPLAND BIRD STAMP
496.558
496.562 Policy
496.566 Contest
for stamp design; sale of art works; contracts for stamp matters
WILDLIFE LAW ENFORCEMENT AND ENFORCEMENT
OFFICERS
496.605 Enforcement
of wildlife laws by State Fish and Wildlife Director, deputies and peace
officers
496.610 State
police to enforce wildlife laws; payment of expenses from wildlife fund;
appointment of federal agents
496.615 Commission
employees to supplement state police
496.620 Nonliability
of law enforcement officers
496.630 District
attorneys to prosecute criminal cases; jurisdiction of courts
496.640 Service
of process by law enforcement personnel
496.645 Arrest
without warrant of violators; trial
496.650 Issuance
of citation to violator
496.665 Issuance
of search warrants; places searched; use and disposition of seized property
496.670 Arrests
made on Sunday
496.675 Seizure
without warrant by law enforcement personnel
496.680 Seizure
of unlawful devices and unlawfully taken wildlife; forfeiture; disposition;
repayment of administrative costs
496.690 Possession
of wildlife as evidence of illegal taking
496.695 Counseling,
aiding or sharing in violation
496.700 Investigating
violations; summoning witnesses
496.705 Damage
suits for unlawful killing of wildlife; jurisdiction of courts
496.710 Compelling
testimony in enforcement proceedings
496.715 Disposition
of fines
WILDLIFE LAW VIOLATOR COMPACT
496.750 Wildlife
Law Violator Compact
PERMIT FOR WATER FOR HYDROELECTRIC PURPOSES
496.815 Definitions
for ORS 496.815 to 496.825
496.820 Permit
or license fee
496.825 Application
fee; exception
496.830 Penalty
fee
496.835
PENALTIES
496.951 Base
fines for wildlife law violations
496.992 Penalties
496.994 Obstructing
the taking of wildlife prohibited
496.996 Attempts
to take wildlife decoy as unlawful wildlife taking
GENERAL PROVISIONS
496.002
Short title. ORS chapters
496, 497, 498 and 501 may be cited as the wildlife laws. [1973 c.723 §2]
496.004
Definitions. As used in the
wildlife laws, unless the context requires otherwise:
(1) Angle means to take or attempt to
take a fish for personal use by means involving hook and line.
(2) Commission means the State Fish and
Wildlife Commission created by ORS 496.090.
(3) Compatible means capable of existing
in harmony so as to minimize conflict.
(4) Department means the State
Department of Fish and Wildlife created by ORS 496.080.
(5) Director means the State Fish and
Wildlife Director appointed pursuant to ORS 496.112.
(6) Endangered species means:
(a) Any native wildlife species determined
by the commission to be in danger of extinction throughout any significant
portion of its range within this state.
(b) Any native wildlife species listed as
an endangered species pursuant to the federal Endangered Species Act of 1973
(P.L. 93-205, 16 U.S.C. 1531), as amended.
(7) Fund means the State Wildlife Fund
created by ORS 496.300.
(8) Fur-bearing mammal means beaver,
bobcat, fisher, marten, mink, muskrat, otter, raccoon, red fox and gray fox.
(9) Game mammal means antelope, black
bear, cougar, deer, elk, moose, mountain goat, mountain sheep and silver gray
squirrel.
(10) Hunt means to take or attempt to
take any wildlife by means involving the use of a weapon or with the assistance
of any mammal or bird.
(11) Manage means to protect, preserve,
propagate, promote, utilize and control wildlife.
(12) Optimum level means wildlife
population levels that provide self-sustaining species as well as taking,
nonconsumptive and recreational opportunities.
(13) Person with a disability means a
person who complies with the requirement of ORS 496.018.
(14) Shellfish has the meaning given
that term in ORS 506.011.
(15) Species means any species or
subspecies of wildlife.
(16) Take means to kill or obtain
possession or control of any wildlife.
(17) Threatened species means:
(a) Any native wildlife species the
commission determines is likely to become an endangered species within the
foreseeable future throughout any significant portion of its range within this
state.
(b) Any native wildlife species listed as
a threatened species pursuant to the federal Endangered Species Act of 1973
(P.L. 93-205, 16 U.S.C. 1531), as amended.
(18) Trap means to take or attempt to
take any wildlife by means involving the use of a trap, net, snare or other
device used for the purpose of capture.
(19) Wildlife means fish, shellfish,
amphibians and reptiles, feral swine as defined by State Department of
Agriculture rule, wild birds as defined by commission rule and other wild
mammals as defined by commission rule. [1973 c.723 §3; 1975 c.253 §5; 1977
c.136 §1; 1979 c.399 §1; 1979 c.615 §1a; 1985 c.60 §7; 1987 c.686 §1; 1991 c.67
§148; 1993 c.659 §1; 1999 c.25 §3; 2001 c.125 §1; 2003 c.656 §1; 2007 c.523 §1]
496.005 [Repealed by 1973 c.723 §130]
496.006 [Formerly 497.505; 1961 c.343 §1; 1967 c.594
§1; 1971 c.658 §1; repealed by 1973 c.723 §130]
496.007
Game bird defined. As used
in the wildlife laws, unless the context requires otherwise, game bird means:
(1) Those members of the family Anatidae,
commonly known as swans, geese, brant and river and sea ducks.
(2) Those members of the family
Columbidae, commonly known as mourning doves and bandtailed pigeons.
(3) Those members of the family Tetranidae,
commonly known as grouse, ptarmigan and prairie chickens.
(4) Those members of the family
Phasianidae, commonly known as pheasants, quail and partridge.
(5) Those members of the family
Meleagrididae, commonly known as wild turkey.
(6) Those members of the family
Scolopacidae, commonly known as snipe and woodcock.
(7) Those members of the family Gruidae,
commonly known as cranes.
(8) Those members of the family Rallidae,
commonly known as rails, gallinules and coots. [1973 c.723 §4]
496.008 [1957 c.268 §1; repealed by 1973 c.723 §130]
496.009
Game fish defined. As used
in the wildlife laws, unless the context requires otherwise, game fish means:
(1) Those members of the family
Salmonidae, commonly known as trout, steelhead, char, grayling, Atlantic salmon
and whitefish.
(2) Those members of the family
Salmonidae, commonly known as salmon, when under 15 inches in length or when
taken by angling.
(3) Those members of the family
Ictaluridae, commonly known as freshwater catfish.
(4) Those members of the family
Centrarchidae, commonly known as freshwater bass, sunfish and crappie.
(5) Those members of the family
Acipenseridae, commonly known as green sturgeon and white sturgeon, when taken
by angling.
(6) Perca flavescens, commonly known as
yellow perch.
(7) Stizostedion vitreum, commonly known
as walleye.
(8) Catostomus luxatus, commonly known as
mullet.
(9) Morone saxatilis, commonly known as
striped bass.
(10) Alosa sapidissima, commonly known as
American shad, when taken by angling. [1973 c.723 §§5,131; 1999 c.1026 §18]
496.010 [Amended by 1953 c.379 §2; 1957 c.250 §1;
1959 c.364 §1; 1963 c.30 §1; repealed by 1973 c.723 §130]
496.012
Wildlife policy. It is the
policy of the State of
(1) To maintain all species of wildlife at
optimum levels.
(2) To develop and manage the lands and
waters of this state in a manner that will enhance the production and public
enjoyment of wildlife.
(3) To permit an orderly and equitable
utilization of available wildlife.
(4) To develop and maintain public access
to the lands and waters of the state and the wildlife resources thereon.
(5) To regulate wildlife populations and
the public enjoyment of wildlife in a manner that is compatible with primary
uses of the lands and waters of the state.
(6) To provide optimum recreational
benefits.
(7) To make decisions that affect wildlife
resources of the state for the benefit of the wildlife resources and to make
decisions that allow for the best social, economic and recreational utilization
of wildlife resources by all user groups. [1973 c.723 §6; 1993 c.659 §2; 2001
c.762 §6]
496.015 [Amended by 1959 c.578 §1; repealed by 1973
c.723 §130]
496.016
Applicability of wildlife laws to commercial fishing laws. Nothing in the wildlife laws is intended to
affect any of the provisions of the commercial fishing laws. However, nothing
in the commercial fishing laws is intended to authorize the taking of game fish
in any manner prohibited by the wildlife laws. [1973 c.723 §7]
496.018
Person with disability under wildlife laws. In order to be considered a person with a disability under the
wildlife laws, a person shall provide to the State Fish and Wildlife Commission
either:
(1) Written certification from a licensed
physician, certified nurse practitioner or licensed physician assistant that
states that the person:
(a) Is permanently unable to walk without
the use of, or assistance from, a brace, cane, crutch, prosthetic device,
wheelchair, scooter or walker;
(b) Is restricted by lung disease to the
extent that the persons forced expiratory volume for one second, when measured
by a spirometer, is less than 35 percent predicted, or arterial oxygen tension
is less than 55 mm/Hg on room air at rest;
(c) Has a cardiac condition to the extent
that the persons functional limitations are classified in severity as Class
III or Class IV, according to standards established by the American Heart
Association;
(d) Has a permanent, physical impairment
that prevents the person from holding or shooting a firearm or bow or from
holding a fishing rod in hand; or
(e) Has central visual acuity that
permanently does not exceed 20/200 in the better eye with corrective lenses, or
the widest diameter of the visual field is no greater than 20 degrees; or
(2) Written proof that the last official
certification of record by the United States Department of Veterans Affairs or
any branch of the Armed Forces of the
496.020 [Amended by 1957 c.55 §1; 1957 c.471 §1;
1967 c.431 §1; repealed by 1973 c.723 §130]
496.025 [Amended by 1965 c.149 §1; repealed by 1973
c.723 §130]
496.030 [Repealed by 1973 c.723 §130]
496.032 [1971 c.658 §31; repealed by 1973 c.723 §130]
496.035 [Repealed by 1973 c.723 §130]
496.040 [1953 c.184 §1; repealed by 1973 c.723 §130]
496.045 [1953 c.184 §2; repealed by 1973 c.723 §130]
STATE
DEPARTMENT OF FISH AND WILDLIFE; COMMISSION; DIRECTOR; DUTIES AND POWERS
GENERALLY
496.080
State Department of Fish and Wildlife. There is hereby established in the executive branch of the government
of this state under the State Fish and Wildlife Commission a department to be
known as the State Department of Fish and Wildlife. The department shall
consist of the director of the department and all personnel employed in the
department. [1975 c.253 §7; 1993 c.659 §3]
496.085
Fish Screening Task Force; qualifications of members; duties. (1) There is established within the State
Department of Fish and Wildlife the Fish Screening Task Force consisting of
seven members appointed by the State Fish and Wildlife Commission.
(2) Three members shall be appointed to
represent agricultural interests, three shall be appointed to represent fishing
or fish conservation interests and one member shall be appointed to represent
the public. Members of the task force shall serve for two-year terms. No member
of the task force shall serve for more than three consecutive two-year terms.
(3) A member of the task force shall
receive no compensation for services as a member. However, subject to any
applicable law regulating travel and other expenses of state officers and
employees, a member shall be reimbursed for actual and necessary travel and
other expenses incurred in the performance of official duties from such moneys
as may be available therefor in the State Wildlife Fund.
(4) The task force shall meet at such
times and places as may be determined by the chair or by a majority of the
members of the task force.
(5) The duties of the task force are:
(a) To advise the department in the
development of a comprehensive cost-sharing program for the installation of
fish screening or by-pass devices in water diversions.
(b) To advise the department in
establishing a stable and equitable funding system for the installation and
maintenance of fish screening and by-pass devices.
(c) To advise the department in
identifying sources and applying for grants from local, state and federal
governmental agencies for funding the installation and maintenance of fish
screening and by-pass devices.
(d) To advise the department in monitoring
fish screening programs.
(e) To advise the department in a survey
and study of fish screening technology to determine the most cost-effective
alternatives for screening in the various situations that may be encountered in
the implementation of fish screening in this state.
(f) To advise the department in preparing
a report on the capital costs and effectiveness of the program provided in ORS
498.306.
(g) To advise the department on the
creation of the priority criteria and the priority listing referred to in ORS
498.306 (14)(a) or (d). [1991 c.858 §6; 1995 c.426 §3; 2005 c.22 §368; 2007
c.625 §5a]
496.090
State Fish and Wildlife Commission; members; terms; qualifications; compensation
and expenses. (1) There is
established a State Fish and Wildlife Commission that shall consist of seven
members appointed by the Governor.
(2) The term of office of each member is
four years, but a member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a successor. A
member is eligible for reappointment. If there is a vacancy for any cause, the
Governor shall make an appointment to become immediately effective for the
unexpired term.
(3) All appointments of members of the
commission by the Governor are subject to confirmation by the Senate pursuant
to section 4, Article III, Oregon Constitution.
(4) One member of the commission shall be
appointed from each of the congressional districts referred to in ORS 188.135,
one member from that portion of the state lying west of the Cascade Mountains
and one member from that portion of the state lying east of the
(5) Members appointed to the commission
shall be residents of this state, as defined in ORS 497.002.
(6) All members of the commission shall
represent the public interest of the state and make decisions affecting the
wildlife resources of the state for the benefit of those resources. Consistent
with the requirements of this subsection, the commission shall provide for the productive
and sustainable utilization of wildlife resources for all groups of users.
(7) All members of the commission shall
have a general knowledge of fish and wildlife issues and an understanding of
the operation and functions of public policy boards and commissions. In making
appointments to the commission, the Governor shall consider appointing members
who possess natural resource backgrounds such as backgrounds in commercial
fishing, recreational fishing, hunting, agriculture, forestry and conservation.
(8) Failure of a member to maintain
compliance with the eligibility requirements of subsections (4) and (5) of this
section shall vacate membership. Members of the commission may otherwise be
removed only by the Governor.
(9) A member of the commission is entitled
to compensation and expenses as provided in ORS 292.495. [1975 c.253 §8; 1981
c.545 §11; 1997 c.249 §177; 1999 c.697 §1; 2001 c.762 §1]
496.100 [1973 c.723 §8; 1973 c.792 §20a; repealed by
1975 c.253 §40]
496.105 [Repealed by 1973 c.723 §130]
496.108
Commission officers; quorum; meetings. (1)(a) The Governor shall designate one member of the State Fish and
Wildlife Commission as chairperson. The member shall serve as chairperson until
the members term expires or until relieved by the Governor. The chairperson
shall have the powers and duties as are provided by the rules of the
commission.
(b) The commission shall select one of its
members as vice chairperson, for a term and with the duties and powers
necessary for the performance of the functions of the office as the commission
determines appropriate.
(2) A majority of the members of the
commission constitutes a quorum for the transaction of business.
(3) The commission shall meet at least
once every two months at a time and place determined by the commission. The
commission shall also meet at other times and places as are specified by the
call of the chairperson or of a majority of the members of the commission.
(4) The commission may also meet jointly
with authorities of other states or of the
(5) The commission shall hold at least one
meeting per year in each of the congressional districts in this state. [1973
c.723 §9; 2001 c.762 §2]
496.110 [Repealed by 1973 c.723 §130]
496.112
State Fish and Wildlife Director; term; compensation and expenses; delegation
of commission powers to director. (1) The State Fish and Wildlife Commission shall appoint a State Fish
and Wildlife Director to serve for a term not to exceed four years unless
sooner removed by the commission.
(2) The director shall receive such salary
as may be fixed by the commission. In addition to salary, subject to applicable
law regulating travel and other expenses of state officers, the director shall
be reimbursed for actual and necessary travel and other expenses incurred in
the performance of official duties.
(3) The commission may delegate to the
director any of the powers and duties granted to or imposed upon it by law,
except to revoke or refuse to issue licenses issued pursuant to the commercial
fishing laws.
(4) The commission may reappoint the
director to additional terms. [1975 c.253 §9; 1985 c.529 §3; 1993 c.659 §4;
1999 c.697 §2; 2001 c.762 §§3,4]
496.115 [Repealed by 1975 c.253 §40]
496.116
Delegation of rulemaking authority to director; requirements. (1) In exercising any authority to adopt
administrative rules delegated by the State Fish and Wildlife Commission under
ORS 496.112, the State Fish and Wildlife Director shall comply with the
requirements of ORS 496.138.
(2) Notwithstanding ORS 183.400, for any
rule adopted by the director pursuant to subsection (1) of this section, before
a person may petition the Court of Appeals to determine the validity of the
rule, the person shall first request that the State Fish and Wildlife
Commission determine the validity of the rule. The determination of the
commission may be reviewed in accordance with ORS 183.400. [1999 c.697 §5]
496.118
Duties and powers of director.
(1) Subject to policy direction by the State Fish and Wildlife Commission, the
State Fish and Wildlife Director shall:
(a) Be the administrative head of the
State Department of Fish and Wildlife;
(b) Have power, within applicable
budgetary limitations, and in accordance with ORS chapter 240, to hire, assign,
reassign and coordinate personnel of the department;
(c) Administer and enforce the wildlife
laws of the state;
(d) Be authorized to participate in any
proceeding before any public officer, commission or body of the
(e) Establish such sections and divisions
as are necessary to properly carry out the work of the commission;
(f) Be responsible for the collection,
application and dissemination of information pertinent to the management of the
wildlife resources, and to the regulation of the uses of such resources; and
(g) Coordinate any activities of the
department related to a watershed enhancement project approved by the Oregon
Watershed Enhancement Board under ORS 541.375 with activities of other
cooperating state and federal agencies participating in the project.
(2) In addition to duties otherwise
required by law, the director shall prescribe internal policies and procedures
for the government of the department, the conduct of its employees, the
assignment and performance of its business and the custody, use and
preservation of its records, papers and property in a manner consistent with
applicable law.
(3) In addition to any other duties
assigned to the director, the director shall report quarterly on the activities
of the department to the appropriate legislative committee.
(4) The director may delegate to any
employee of the department the exercise or discharge in the directors name of
any power, duty or function of whatever character, vested in or imposed by law
upon the director. The official act of a person so acting in the directors
name and by the directors authority shall be considered to be an official act
of the director.
(5) The director may restrict or otherwise
limit the participation of an employee of the department in any program
administered by the department to ensure that the programs of the department
are administered in a fair and equitable manner and that no employee of the
department gains an advantage over the public.
(6) Notwithstanding the provisions of ORS
496.112 (3), in times of emergency or with respect to regulating wildlife
taking, the director may exercise the full powers of the commission until such
times as the emergency ends or the commission meets in formal session. [1975
c.253 §10; 1987 c.734 §12; 1993 c.659 §5; 1999 c.697 §3; 2007 c.354 §16]
496.120 [Amended by 1967 c.290 §3; 1969 c.314 §59;
repealed by 1973 c.723 §130]
496.121
Authority of department to require fingerprints. For the purpose of requesting a state or
nationwide criminal records check under ORS 181.534, the State Department of
Fish and Wildlife may require the fingerprints of a person who:
(1)(a) Is employed or applying for
employment by the department; or
(b) Provides services or seeks to provide
services to the department as a contractor or volunteer; and
(2) Is, or will be, working or providing
services in a position:
(a) In which the person has direct access
to persons under 18 years of age, elderly persons or persons with disabilities;
(b) That has personnel or human resources
functions as one of the positions primary responsibilities;
(c) In which the person is providing
information technology services and has control over, or access to, information
technology systems that would allow the person to harm the information
technology systems or the information contained in the systems; or
(d) That involves the use, possession,
issuance, transport, purchase, sale or forfeiture of firearms or munitions,
access to firearms or munitions or the training of others in the use or
handling of firearms. [2005 c.730 §60]
Note: 496.121 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 496 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
496.122 [1973 c.723 §10; repealed by 1975 c.253 §40]
496.124
Fish Division; Wildlife Division; authority. In addition to such divisions as may be established by the State Fish
and Wildlife Director pursuant to ORS 496.118, there are established within the
State Department of Fish and Wildlife a Fish Division and a Wildlife Division.
The Wildlife Division shall be responsible for the management of all wildlife,
except fish and other marine life, over which the State Fish and Wildlife
Commission has regulatory jurisdiction. [1975 c.253 §11]
496.125 [Repealed by 1973 c.723 §130]
496.128
Reports by commission. (1)
The State Fish and Wildlife Commission shall report biennially to the Governor
and to the Legislative Assembly on the activities of the commission during the
preceding biennium. The commission shall make such additional reports as the
Governor or the Legislative Assembly may direct.
(2) The reports required by subsection (1)
of this section shall be in such form and contain such information as the
commission considers appropriate, and shall contain such other information as
the Governor and the Legislative Assembly may require. Such reports shall
include all new or amended rules, policies or procedures adopted by the
commission and shall include a summary of significant consultation activity
under ORS 496.164. [1973 c.723 §11; 1993 c.659 §6]
496.130 [Amended by 1959 c.371 §1; 1963 c.154 §1;
1965 c.74 §1; repealed by 1973 c.723 §130]
496.132 [1985 c.60 §5; repealed by 1993 c.659 §9]
496.135 [Repealed by 1973 c.723 §130]
496.138
General duties and powers; rulemaking authority; hearing prior to budget
request to Governor. (1)
Consistent with the policy of ORS 496.012, the State Fish and Wildlife
Commission shall implement the policies and programs of this state for the
management of wildlife. These policies and programs shall consider the uses of
public and private lands and utilize voluntary partnerships with private and
public landowners to protect and enhance wildlife habitat and effectively
manage wildlife. In addition, the commission shall perform any other duty
vested in it by law.
(2) In accordance with the applicable
provisions of ORS chapter 183, the commission shall adopt such rules and
standards as it considers necessary and proper to implement the policy and
objectives of ORS 496.012 and perform the functions vested by law in the commission.
(3) Except as provided in ORS 183.335 (5),
the commission shall cause a public hearing to be held on any proposed rule or
standard prior to its adoption. The hearing may be before the commission, any
designated member thereof or any person designated by and acting for the
commission.
(4) Before submitting budget requests or
information to the Governor pursuant to ORS 291.201 to 291.222, the commission
shall hold a public hearing on proposals for planned expenditures and
enhancement packages that the commission intends to recommend to the Governor
for inclusion in the Governors budget. [1973 c.723 §12; 1993 c.659 §7]
496.140 [Repealed by 1973 c.723 §130]
496.141
Fish screening program report.
On or before February 1 of each odd-numbered year, the State Department of Fish
and Wildlife shall provide to the Joint Committee on Ways and Means a complete
annual report regarding activities initiated by the department in regard to the
fish screening program. The report shall include a complete budget analysis of
all costs, including in-kind costs associated with the program, the number of
screening or by-pass devices installed and the size of the diversions on which
such devices were installed. The budget analysis shall identify all costs
associated with the construction and installation of screening or by-pass
devices, administrative costs and research and development costs associated
with the program. [1995 c.426 §14]
496.145 [Repealed by 1973 c.723 §130]
496.146
Additional powers of commission; rules. In addition to any other duties or powers provided by law, the State
Fish and Wildlife Commission:
(1) May accept, from whatever source,
appropriations, gifts or grants of money or other property for the purposes of
wildlife management, and use such money or property for wildlife management
purposes.
(2) May sell or exchange property owned by
the state and used for wildlife management purposes when the commission
determines that such sale or exchange would be advantageous to the state
wildlife policy and management programs.
(3) May acquire, introduce, propagate and
stock wildlife species in such manner as the commission determines will carry
out the state wildlife policy and management programs.
(4) May by rule authorize the issuance of
such licenses, tags and permits for angling, taking, hunting and trapping and
may prescribe such tagging and sealing procedures as the commission determines
necessary to carry out the provisions of the wildlife laws or to obtain
information for use in wildlife management. Permits issued pursuant to this
subsection may include special hunting permits for a person and immediate
family members of the person to hunt on land owned by that person in areas
where permits for deer or elk are limited by quota. As used in this subsection,
immediate family members means husband, wife, father, mother, brothers,
sisters, sons, daughters, stepchildren and grandchildren. A landowner who is
qualified to receive landowner preference tags from the commission may request
two additional tags for providing public access and two additional tags for
wildlife habitat programs. This request shall be made to the Access and Habitat
Board with supporting evidence that the access is significant and the habitat
programs benefit wildlife. The board may recommend that the commission grant
the request. When a landowner is qualified under landowner preference rules
adopted by the commission and receives a controlled hunt tag for that unit or a
landowner preference tag for the landowners property and does not use the tag
during the regular season, the landowner may use that tag to take an antlerless
animal, when approved by the State Department of Fish and Wildlife, to
alleviate damage that is presently occurring to the landowners property.
(5) May by rule prescribe procedures
requiring the holder of any license, tag or permit issued pursuant to the
wildlife laws to keep records and make reports concerning the time, manner and
place of taking wildlife, the quantities taken and such other information as the
commission determines necessary for proper enforcement of the wildlife laws or
to obtain information for use in wildlife management.
(6) May establish special hunting and
angling areas or seasons in which only persons less than 18 years of age or
over 65 years of age are permitted to hunt or angle.
(7) May acquire by purchase, lease,
agreement or gift real property and all appropriate interests therein for
wildlife management and wildlife-oriented recreation purposes.
(8) May acquire by purchase, lease, agreement,
gift, exercise of eminent domain or otherwise real property and all interests
therein and establish, operate and maintain thereon public hunting areas.
(9) May establish and develop wildlife
refuge and management areas and prescribe rules governing the use of such areas
and the use of wildlife refuge and management areas established and developed
pursuant to any other provision of law.
(10) May by rule prescribe fees for
licenses, tags, permits and applications issued or required pursuant to the
wildlife laws, and user charges for angling, hunting or other recreational uses
of lands owned or managed by the commission, unless such fees or user charges
are otherwise prescribed by law. Except for licenses issued pursuant to
subsection (14) of this section, no fee or user charge prescribed by the
commission pursuant to this subsection shall exceed $100.
(11) May enter into contracts with any
person or governmental agency for the development and encouragement of wildlife
research and management programs and projects.
(12) May perform such acts as may be
necessary for the establishment and implementation of cooperative wildlife
management programs with agencies of the federal government.
(13) May offer and pay rewards for the
arrest and conviction of any person who has violated any of the wildlife laws.
No such reward shall exceed $100 for any one arrest and conviction.
(14) May by rule prescribe fees for
falconry licenses issued pursuant to the wildlife laws, unless such fees are
otherwise prescribed by law. Fees prescribed by the commission pursuant to this
subsection shall be based on actual or projected costs of administering
falconry regulations and shall not exceed $250.
(15) May establish special fishing and
hunting seasons and bag limits applicable only to persons with disabilities.
(16) May adopt optimum populations for
deer and elk consistent with ORS 496.012. These population levels shall be
reviewed at least once every five years.
(17) Shall establish a preference system
so that individuals who are unsuccessful in controlled hunt permit drawings for
deer and elk hunting have reasonable assurance of success in those drawings in
subsequent years.
(18) May sell advertising in State
Department of Fish and Wildlife publications, including annual hunting and
angling regulation publications.
(19) May, notwithstanding the fees
required by ORS 497.112, provide free hunting tags to an organization that
sponsors hunting trips for terminally ill children.
(20) Shall, after consultation with the
State Department of Agriculture, adopt rules prohibiting the use of the World
Wide Web, other Internet protocols or broadcast or closed circuit media to
remotely control a weapon for the purpose of hunting any game bird, wildlife,
game mammal or other mammal. The rules may exempt the State Department of Fish
and Wildlife or agents of the department from the prohibition. [1973 c.723 §13;
1977 c.177 §1; 1977 c.668 §1; 1981 c.445 §9; 1987 c.292 §2; 1993 c.659 §8; 1999
c.25 §4; 2001 c.253 §1; 2003 c.656 §2; 2005 c.365 §1; 2007 c.338 §1]
Note: Section 2, chapter 460, Oregon Laws 1995,
provides:
Sec.
2. Notwithstanding any other
provision of the wildlife laws, during the period beginning January 1, 1996,
and ending January 2, 2010, the following provisions apply with regard to the
issuance and use of landowner preference tags referred to in ORS 496.146 (4):
(1) Landowner preference tags shall be
issued for the hunting of deer, elk or antelope.
(2) Landowner preference tags may be used
only for hunting on the landowners property.
(3) Landowner preference tags for the
hunting of deer or elk may be transferred to any person of the landowners
choosing and shall be used for the taking of antlerless animals except as
authorized by subsection (6) of this section.
(4) Landowner preference tags for the
hunting of antelope are not transferable and may not be used for the taking of
buck antelope.
(5) Each landowner preference tag for the
hunting of deer or elk may be used to take two antlerless animals before,
during or after the hunting season for which the tags are valid for the purpose
of alleviating damage that is presently occurring to the landowners property,
in accordance with such rules as the State Fish and Wildlife Commission may
adopt.
(6) Landowner preference tags for the
hunting of deer or elk that are transferred to a person of the landowners
choosing who is not a member of the landowners immediate family may be used to
take an antlered animal only as follows:
(a) If the landowner receives one
preference tag, that tag may not be so used.
(b) If the landowner receives two, three
or four preference tags, one of those tags may be so used.
(c) If the landowner receives five, six or
seven preference tags, two of those tags may be so used.
(d) If the landowner receives eight, nine
or 10 preference tags, three of those tags may be so used. [1995 c.460 §2; 2001
c.227 §1]
496.150 [Repealed by 1973 c.723 §130]
496.151
Allocation of nonresident tags for outfitters and guides. Notwithstanding any other provision of the
wildlife laws, the State Fish and Wildlife Commission by rule shall establish a
system for allocating hunting permits that are limited by maximum number for
the taking of deer and elk by nonresident hunters so that a number equal to
one-half of the number of those permits issued to nonresident hunters in the
previous year are made available to the holders of registrations issued
pursuant to ORS chapter 704, and who are certified pursuant to ORS 704.060, for
the use of the clients of those registration holders. Such a system shall
include but not be limited to:
(1) Provisions to prevent misuse of the
permits by the registrant or by employees of the registrant.
(2) Provisions for revocation and refusal
to issue all or any portion of the permits based upon a commission finding of
an emergency situation or biological needs. [1997 c.342 §2; 2003 c.644 §5]
496.154
Limitation on authority to condemn certain farm use property. (1) The State Fish and Wildlife Commission
shall not commence any proceeding to exercise the power of eminent domain to
acquire any real property, or interest therein, that was devoted to farm use on
January 1, 1974, unless the commission first obtains approval therefor from the
Joint Committee on Ways and Means, or from the Emergency Board if the
Legislative Assembly is not then in session. Upon a change in the use of such
land from farm use, the commission may acquire such property, and interests
therein, by exercise of the power of eminent domain without first obtaining
legislative approval therefor. As used in this section, farm use has the
meaning for that term provided in ORS 215.203.
(2) The commission shall not commence any
proceeding as provided in subsection (1) of this section unless the commission
has obtained approval of its intended use of such property from the local
governmental agencies having land use planning authority over such lands. [1973
c.723 §13a; 1975 c.788 §1]
496.155 [Amended by 1967 c.454 §86; repealed by 1973
c.723 §130]
496.156
Expenditure priority for anadromous fish management. (1) In carrying out duties, functions and
powers regarding the propagation of anadromous fish prescribed in the wildlife
laws and the commercial fishing laws, the State Fish and Wildlife Commission
shall give high priority to expenditures for propagation assistance by means of
transportation of upstream and downstream migrants in those areas where dams
and other such obstacles present a passage problem to juvenile or adult salmon.
(2) For the purposes of this section, transportation
means any method of helping anadromous fish to pass dams and other obstacles so
as to reduce the mortality associated with passage.
(3) Nothing in subsection (1) of this
section prevents the cooperation of the commission with the federal government
in programs financed pursuant to ORS 506.405. [1977 c.653 §2]
496.160 [Amended by 1971 c.658 §2; repealed by 1973
c.723 §130]
496.162
Establishing seasons, amounts and manner of taking wildlife; rules. (1) After investigation of the supply and condition
of wildlife, the State Fish and Wildlife Commission, at appropriate times each
year, shall by rule:
(a) Prescribe the times, places and manner
in which wildlife may be taken by angling, hunting, trapping or other method
and the amounts of each of those wildlife species that may be taken and
possessed.
(b) Prescribe such other restrictions or
procedures regarding the angling, taking, hunting, trapping or possessing of
wildlife as the commission determines will carry out the provisions of wildlife
laws.
(2) In carrying out the provisions of
subsection (1) of this section, the power of the commission includes, but is
not limited to:
(a) Prescribing the amount of each
wildlife species that may be taken and possessed in terms of sex, size and
other physical characteristics.
(b) Prescribing such regular and special
time periods and areas closed to the angling, taking, hunting and trapping of
any wildlife species when the commission determines such action is necessary to
protect the supply of such wildlife.
(c) Prescribing regular and special time
periods and areas open to the angling, taking, hunting and trapping of any
wildlife species, and establishing procedures for regulating the number of
persons eligible to participate in such angling, taking, hunting or trapping,
when the commission determines such action is necessary to maintain properly
the supply of wildlife, alleviate damage to other resources, or to provide a
safe and orderly recreational opportunity.
(3) Notwithstanding subsections (1) and
(2) of this section, except as provided in ORS 498.146 or during those times
and at those places prescribed by the commission for the hunting of elk, the
commission shall not prescribe limitations on the times, places or amounts for
the taking of predatory animals. As used in this subsection, predatory animal
has the meaning for that term provided in ORS 610.002.
(4) In carrying out the provisions of this
section, before prescribing the numbers of deer and elk to be taken, the
commission shall consider:
(a) The supply and condition of deer and
elk herds;
(b) The availability of forage for deer,
elk and domestic livestock on public and private range and forest lands;
(c) The recreational opportunities derived
from deer and elk populations; and
(d) The effects of deer and elk herds on
public and private range and forest lands. [1973 c.723 §14; 1975 c.791 §1; 1981
c.218 §1; 2003 c.656 §3]
496.164
Cooperation with public and private agencies for fish and wildlife management;
technical information and policy recommendations; use of recommendations by
state agencies. The State
Fish and Wildlife Commission and the State Department of Fish and Wildlife may
advise, consult and cooperate with other agencies of this state and political
subdivisions, other states or the federal government and private landowners
with respect to fish and wildlife management. The commission and the department
shall provide such information, recommendations or advice in writing if
requested by another state or federal agency to do so. Technical advice and
information shall be based on the best available scientific information. Policy
or implementation recommendations provided in administrative rulemaking
proceedings shall be based on consideration of all the goals of wildlife management
in ORS 496.012, in addition to applicable scientific information. State
agencies, boards or commissions receiving policy or implementation
recommendations shall consider such recommendations in the context of their
respective statutory responsibilities, and shall take into account the extent
to which such recommendations are substantiated with the best available
scientific information and based on consideration of all of the goals of
wildlife management in ORS 496.012. [1993 c.659 §11]
496.165 [Repealed by 1973 c.723 §130]
496.166
Citizen involvement for wildlife management on private lands. The Legislative Assembly finds, in the
interest of all Oregonians, a necessity to improve
496.170 [Amended by 1971 c.658 §3; repealed by 1973
c.723 §130]
THREATENED OR
ENDANGERED WILDLIFE SPECIES
496.171
Definitions for ORS 496.171 to 496.182; applicability date. Notwithstanding ORS 496.004, with respect to
state agency actions taken under ORS 496.171 to 496.182 after July 17, 1995, as
used in ORS 496.171 to 496.182:
(1) Conservation means the use of
methods and procedures necessary to bring a species to the point at which the
measures provided under ORS 496.171 to 496.182 are no longer necessary. Such
methods and procedures include, but are not limited to, activities associated
with scientific resource management such as research, census taking, law
enforcement, habitat acquisition and maintenance, propagation and
transplantation.
(2) Native means indigenous to
(3) Species means any group or
population of wildlife that interbreeds and is substantially reproductively
isolated.
(4) Verifiable means scientific
information reviewed by a scientific peer review panel of outside experts who
do not otherwise have a vested interest in the process. [1995 c.590 §2]
496.172
Commission management authority for threatened or endangered species; rules. In carrying out the provisions of the
wildlife laws with regard to the management of wildlife that is a threatened
species or an endangered species, the State Fish and Wildlife Commission:
(1) Shall conduct investigations of
wildlife species native to this state and shall determine whether any such
species is a threatened species or an endangered species.
(2) By rule, shall establish and publish,
and from time to time may revise, a list of wildlife species that are
threatened species or endangered species. Listed threatened species or
endangered species shall be protected as provided in ORS 496.182.
(3) Shall work cooperatively with state
agencies that have land management authority or regulatory authority to
determine their roles within their statutory obligations in the conservation of
endangered species, as described in ORS 496.182 (8).
(4) By rule, shall establish a system of
permits for scientific taking of threatened species and endangered species and
shall establish a system of state permits for incidental taking of
state-designated threatened species and endangered species not listed by the federal
government under such terms and conditions as the commission determines will
minimize the impact on the species taken. An incidental taking permit or
statement issued by a federal agency for a species listed under the federal
Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended, shall
be recognized by the state as a waiver of any state protection measures or
requirements otherwise applicable to the actions allowed under the federal
permit.
(5) Shall cooperate with the State Department
of Agriculture in carrying out the provisions of ORS 564.105.
(6) Shall adopt administrative rules to
carry out the provisions of ORS 496.171 to 496.182 and 498.026. [1987 c.686 §3;
1995 c.590 §3]
496.175 [Amended by 1971 c.658 §4; repealed by 1973 c.723
§130]
496.176
Listing species; procedure; matters to be considered; periodic review. (1) The lists of threatened species or
endangered species established pursuant to ORS 496.172 (2) shall include:
(a) Those species of wildlife listed as of
May 15, 1987, as a threatened species or an endangered species pursuant to the
federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as
amended; and
(b) Those species determined as of May 15,
1987, by the State Fish and Wildlife Commission to be threatened species or
endangered species.
(2) The commission, by rule, may add or
remove any wildlife species from either list, or change the status of any
species on the lists, upon a determination that the species is or is not a
threatened species or an endangered species.
(3) A determination that a species is a
threatened species or an endangered species shall be based on documented and
verifiable scientific information about the species biological status. To list
a species as a threatened species or an endangered species under ORS 496.004
and 496.171 to 496.182, the commission shall determine that the natural
reproductive potential of the species is in danger of failure due to limited
population numbers, disease, predation or other natural or human actions
affecting its continued existence and, to the extent possible, assess the
relative impact of human actions. In addition, the commission shall determine
that one or more of the following factors exists:
(a) That most populations are undergoing
imminent or active deterioration of their range or primary habitat;
(b) That overutilization for commercial,
recreational, scientific or educational purposes is occurring or is likely to
occur; or
(c) That existing state or federal
programs or regulations are inadequate to protect the species or its habitat.
(4) Determinations required by subsection
(3) of this section shall be made by the commission on the basis of verifiable
scientific and other data after consultation with federal agencies, other
interested state agencies, the Natural Heritage Advisory Council, other states
having a common interest in the species and interested persons and
organizations.
(5) Any person may petition the commission
to, by rule, add, remove or change the status of a species on the list:
(a) A petition shall clearly indicate the
action sought and shall include documented scientific information about the
species biological status to justify the requested action.
(b) Within 90 days of receipt of a
petition, the commission shall respond in writing to the petitioner indicating
whether the petition presents substantial scientific information to warrant the
action requested.
(c) If the petition is found to present
such information, the commission shall commence rulemaking.
(d) A final determination by the
commission concerning the action requested in a petition shall be provided
within one year from the date of receipt of the petition, with the option for
an additional 12-month extension of time to complete the listing if the commission
determines that limited information or other appropriate considerations require
the extension.
(e) If the petition is denied, the
petitioner may seek judicial review as provided in ORS 183.484.
(6) The commission may determine not to
list a species as a threatened species or an endangered species in any of the
following cases:
(a) If the species has been listed
pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C.
1531), as amended.
(b) If the species is currently on the list
as a sensitive species, or is a candidate species or has been petitioned for
listing pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16
U.S.C. 1531), as amended.
(c) If the species has been determined,
pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C.
1531), as amended, to not qualify as a threatened species or an endangered
species.
(7) Notwithstanding subsections (1) to (5)
of this section, the commission shall take emergency action to add a species to
the list of threatened species or endangered species if it determines there is
a significant threat to the continued existence of the species within the
state:
(a) The commission shall publish notice of
such addition in the Secretary of States bulletin and shall mail notice to
affected or interested persons whose names are included on the commissions
mailing list for such purposes.
(b) Such emergency addition shall take
effect immediately upon publication in the Secretary of States bulletin and
shall remain valid for a period no longer than one year, unless during the
period the commission completes rulemaking procedures as provided in subsection
(5) of this section.
(8) The commission shall periodically
review the status of all threatened species and endangered species listed under
ORS 496.171 to 496.192. Each species shall be reviewed at least once every five
years to determine whether verifiable scientific information exists to justify
its reclassification or removal from the list, according to the criteria listed
under subsections (3) and (4) of this section. If a determination is made to
reclassify a species or remove it from the list, the commission, within 90
days, shall commence rulemaking to change the status of the species.
(9) Notwithstanding the provisions of this
section, the commission:
(a) May decide not to list a species that
otherwise qualifies as a threatened or endangered species within this state if
the commission determines that the species is secure outside this state or the
species is not of cultural, scientific or commercial significance to the people
of this state.
(b) May not include Branta canadensis
leucopareia, commonly known as the Aleutian Canada goose, on the lists of
threatened species or endangered species. [1987 c.686 §4; 1995 c.590 §4; 2005
c.402 §1]
496.180 [Amended by 1971 c.658 §5; repealed by 1973
c.723 §130]
496.182
Protection and conservation programs; compliance by state agencies; rules. (1) The burden of protecting and recovering
threatened species or endangered species can be a significant cost to the
citizens of this state and it is therefore the policy of this state to minimize
duplication and overlap between state and federal laws dealing with threatened
species or endangered species. To this end, nothing in this section is intended
to prevent the adoption of cooperative state or federal programs when such
programs provide protection for listed species without significant impact on
the primary uses of state lands.
(2) At the time the State Fish and Wildlife
Commission adds a species to the list of threatened species or endangered
species under ORS 496.172, the commission shall establish by rule quantifiable
and measurable guidelines that it considers necessary to ensure the survival of
individual members of the species. These guidelines may include take avoidance
and protecting resource sites such as spawning beds, nest sites, nesting
colonies or other sites critical to the survival of individual members of the
species.
(3) For threatened species listed under
ORS 496.172 and in the absence of an approved endangered species management
plan described in subsection (8) of this section for an endangered species, if
a state agency determines that a proposed action on land it owns or leases, or
for which it holds a recorded easement, has the potential to violate the
guidelines established under subsection (2) of this section, it shall notify
the State Department of Fish and Wildlife. Within 90 days of such notice, the
department shall recommend reasonable and prudent alternatives, if any, to the
proposed action which are consistent with the guidelines.
(4) If a state agency fails to adopt the
recommendations made under subsection (3) of this section, it shall, after
consultation with the department, demonstrate that:
(a) The potential public benefits of the
proposed action outweigh the potential harm from failure to adopt the
recommendations; and
(b) Reasonable mitigation and enhancement
measures shall be taken, to the extent practicable, to minimize the adverse
impact of the action on the affected species.
(5) When an action under this section is
initiated by a person other than a state agency, the agency shall provide final
approval or denial of the proposed action within 120 days of receipt of a
written request for final determination.
(6) The provisions of this section do not
apply to lands acquired through foreclosures of loans made pursuant to programs
of the Department of Veterans Affairs.
(7) State land owning or managing agencies
shall set priorities for establishing endangered species management plans
required by subsection (8) of this section after consultation with the
commission on the level of biological threat and, in consideration of available
funds, the immediacy and seriousness of the threat to any listed species.
(8)(a)(A) Within four months of the
listing of an endangered species, the commission, in consultation and
cooperation with the state land owning or managing agency, shall determine if
state land can play a role in the conservation of endangered species. The
commission and the land owning or managing agency shall consider species
biology and geography of the land base to determine if the species or its
habitat is found on state land. If the species or its habitat is not found on state
land, the commission shall determine that state land has no role to play in the
conservation of the species.
(B) If the species or its habitat is found
on state land, the land owning or managing agency, in consultation with the
State Department of Fish and Wildlife, shall determine the role its state land
shall serve in the conservation of the endangered species. This role may
include, but is not limited to conservation, contribution toward conservation
or take avoidance. To carry out its consulting role under this subsection, the
department shall provide state agencies with an assessment of the conservation
needs of the endangered species. In making this determination, the land owning
or managing agency shall balance the statutory requirements, rules and policies
applicable to the agencys programs, the social and economic impacts that
conservation would have on the state, the conservation needs of the species,
the purpose of the land and the roles of other ownership categories. The agency
shall balance these factors consistent with the commissions rules related to
the biological aspects of species management and the statutory obligations of
the land owning or managing agency, including the statutory purpose of the
land.
(C) After determining the role its state
land shall serve in conservation of the species, the land owning or managing
agency, in consultation with the State Department of Fish and Wildlife and
consistent with the commissions rules related to endangered species management
plans, shall develop and approve an endangered species management plan within
18 months from the date the species is first listed as endangered. Endangered
species management plans shall be based on the statutes, rules and policies
applicable to the agencys programs and shall take into account any social or
economic impacts that the plan may have on the state. The land owning or
managing agency shall submit the plan to the commission for review and approval
as provided in subparagraph (D) of this paragraph.
(D) The commission shall review the
endangered species management plan approved by the land owning or managing
agency under subparagraph (C) of this paragraph to determine whether the plan
achieves the role defined for the land under subparagraph (B) of this paragraph.
Based on the biology of the endangered species the commission may modify the
endangered species management plan if necessary to be consistent with the role
the land owning or managing agency has defined for the land under subparagraph
(B) of this paragraph and shall approve the plan as submitted or modified
within 24 months from the date the species is listed as endangered.
(b) For state agencies other than land
owning or managing agencies, the commission, in consultation and cooperation
with the agency, shall determine whether the agency can serve a role in the
conservation of endangered species. If the commission determines that the
agency has a role to play in conservation of the endangered species, the agency
shall determine what role it shall serve in conservation of the endangered
species. The agency shall make this determination as provided in the commissions
rules related to the biological aspects of species management and in a manner
consistent with the agencys statutory obligations. [1987 c.686 §5; 1995 c.590 §5]
496.185 [Repealed by 1973 c.723 §130]
496.190 [Amended by 1963 c.154 §2; 1965 c.74 §2;
repealed by 1973 c.723 §130]
496.192
Effect of law on commercial forestland or other private land; effect on other
laws. (1) Nothing in ORS 496.004,
496.171 to 496.182 or 498.026 is intended, by itself, to require an owner of
any commercial forestland or other private land to take action to protect a
threatened species or endangered species, or to impose additional requirements
or restrictions on the use of private land.
(2) Notwithstanding subsection (1) of this
section, other statutes may authorize administrative rules or programs to
protect wildlife species, including threatened species or endangered species,
and nothing in ORS 496.004, 496.171 to 496.182 or 498.026 shall diminish the
force or effect of such rules or programs. [1987 c.686 §6a]
496.195 [Amended by 1959 c.371 §2; 1961 c.343 §2;
1965 c.74 §3; 1967 c.594 §3; repealed by 1973 c.723 §130]
496.200 [Repealed by 1973 c.723 §130]
SALMON FOR
INDIAN CEREMONIES
496.201
Department to furnish salmon for ceremonies; amount; source. (1) The State of
(a) To the Confederated Coos,
(b) To the Cow Creek Band of the Umpqua
Indians for their historical, traditional and cultural salmon ceremonies that
take place each year.
(c) To the Coquille Tribe for their
historical, traditional and cultural salmon ceremonies that take place each
year.
(d) To the Burns Paiute Tribe for their
historical, traditional and cultural salmon ceremonies that take place each
year.
(2) The salmon provided by the state shall
meet the expressed needs of the Confederated Coos,
(3) The salmon provided by the state may
be either surplus whole fish or carcasses.
(4) Salmon may be taken from hatcheries
under either the complete or joint control of the state. [1981 c.575 §2; 1987
c.99 §1; 1993 c.460 §1; 1995 c.137 §1; 2001 c.611 §2; 2001 c.651 §1]
496.205 [Amended by 1961 c.343 §3; repealed by 1973
c.723 §130]
496.206
Written request for salmon; contents; time for providing salmon. (1) The Indian tribes referred to in ORS
496.201 (1) are required to set forth, in writing, their request for salmon.
This request shall be submitted by the duly elected tribal governing body no
later than 40 days prior to the ceremony and shall include:
(a) The poundage of salmon required;
(b) The date of the ceremony; and
(c) A contact person that the state may
refer questions to.
(2) Prior to any state action, the written
request must be received by:
(a) The State Department of Fish and
Wildlife;
(b) The Attorney General; and
(c) The United States Department of
Interior.
(3) The salmon shall be provided to the
Indian tribes referred to in ORS 496.201 (1) no later than 30 days after
receiving a proper written request therefor. [1981 c.575 §3; 1987 c.99 §2]
496.210 [Repealed by 1973 c.723 §130]
496.211
Limitation on amount and use.
(1) The State of
(2) If the Indian tribes referred to in
ORS 496.201 (1) use salmon provided by the state for this purpose in any manner
other than that described in ORS 496.201, they shall pay to the State
Department of Fish and Wildlife the prevailing wholesale rate per pound of the
entire amount of salmon supplied to that tribe or tribes for that year. [1981
c.575 §4; 1987 c.99 §3]
496.215 [Repealed by 1973 c.723 §130]
496.216
Disposition of salmon remaining after ceremony. Any salmon remaining after the ceremony may
be distributed to tribal members without charge for their subsistence
consumption only and not for sale, barter or gift to others, or may be donated
to a nonprofit institution or agency. [1981 c.575 §5]
496.220 [Repealed by 1973 c.723 §130]
496.221
ORS 496.201 to 496.221 not intended to extend Indian legal or political rights. Nothing in ORS 496.201 to 496.221 is intended
to extend legal or political recognition to any Indians described in ORS
496.201 (1) for any purpose other than provided in ORS 496.201 to 496.216. [1981
c.575 §6; 1987 c.99 §4]
496.225 [Repealed by 1973 c.723 §130]
ACCESS AND
HABITAT BOARD
496.228
Access and Habitat Board; qualification of members; expenses; term; meetings. (1) There is established within the State
Department of Fish and Wildlife the Access and Habitat Board, consisting of
seven members appointed by the State Fish and Wildlife Commission.
(2) Three members shall be appointed to
represent the broad spectrum of hunters. In making appointments pursuant to
this subsection, the commission shall consider recommendations from the State
Fish and Wildlife Director.
(3) Three members of the board shall be
appointed to represent the broad spectrum of agriculture and timber landowners.
In making appointments pursuant to this subsection, the commission shall
consider recommendations from the State Fish and Wildlife Director from a list of
at least 15 persons submitted by the State Forester and the Director of
Agriculture.
(4) One member of the board shall be
appointed to represent the public and shall serve as the board chairperson.
(5) A member of the board shall receive no
compensation for services as a member. However, subject to any applicable law
regulating travel and other expenses of state officers and employees, a member
shall be reimbursed for actual and necessary travel and other expenses incurred
in the performance of official duties from such moneys as are made available by
section 19, chapter 659, Oregon Laws 1993.
(6) The term of office of a member of the
board is four years. A member of the board is eligible for reappointment.
(7) An official action of the board may be
taken only upon the affirmative vote of at least four members.
(8) The board shall select such officers
for such terms and with such duties and powers as the board considers necessary
for the performance of those offices.
(9) The board shall meet at such times and
at such places as may be determined by the chair or by the majority of the
members of the board. [1993 c.659 §15]
496.230 [1957 c.119 §2; repealed by 1973 c.723 §130]
496.232
Board to make program recommendations; commission approval; report; fund
expenditure qualifications; gifts and grants. (1) The Access and Habitat Board shall meet, adopt and recommend to
the State Fish and Wildlife Commission, within 120 days after November 4, 1993,
and at not more than 120-day intervals thereafter, access and habitat programs.
(2) The commission shall review such
programs and may approve or disapprove the program recommendation by the board.
Funds may be expended from the subaccount referred to in ORS 496.242 for
projects that have been approved by the commission.
(3) The State Department of Fish and
Wildlife and the board jointly shall submit to each biennial session of the
Legislative Assembly a report on expenditure of funds for the access and
habitat programs and on the status of various projects.
(4) In recommending access and habitat
programs, the board shall:
(a) Recommend a mix of projects that
provides a balance between access and habitat benefits.
(b) Recommend projects that are to be
implemented by volunteers under volunteer coordinators and nonprofit
organizations engaged in approved access and habitat activities.
(c) Recommend programs that recognize and
encourage the contributions of landowners to wildlife and programs that
minimize the economic loss to those landowners.
(d) Encourage agreements with landowners
who request damage control hunts to ensure public access to those hunts.
(e) Encourage projects that result in
obtaining matching funds from other sources.
(5) All moneys made available for the
access and habitat programs from surcharges received under section 19, chapter
659, Oregon Laws 1993, and from gifts and grants made to carry out the access
and habitat programs may be expended only if the board so recommends and the
commission so approves. Such amounts may be expended:
(a) On programs that benefit wildlife by
improving habitat. These programs shall be in coordination with the Wildlife
Division and shall be in addition to programs provided by federal funds. These
programs may:
(A) Be on private lands.
(B) Provide seed and fertilizer to offset
forage consumed by wildlife and for other programs that enhance forage.
(C) Be adjacent to agricultural and forest
land to attract animals from those crops.
(b) On programs that promote access to
public and private lands through contracting for various levels of management
of these lands. These management programs may include:
(A) Creating hunting lease programs that
provide access at present levels or stimulate new access.
(B) Controlling access.
(C) Opening vehicle access.
(D) Promoting land exchanges.
(E) Promoting proper hunting behavior.
(c) On programs that would provide for
wildlife feeding to alleviate damage, to intercept wildlife before wildlife
becomes involved in a damage situation and for practical food replacement in
severe winters.
(d) On programs to coordinate volunteers
to improve habitat, repair damage to fences or roads by wildlife or
recreationists, monitor orderly hunter utilization of public and private lands
and assist the Oregon State Police in law enforcement activities.
(e) On programs that provide for auction
or raffle of tags to provide incentives for habitat or access.
(6) The board may accept, from whatever
source, gifts or grants for the purposes of access and habitat. All moneys so
accepted shall be deposited in the subaccount referred to in ORS 496.242.
Unless otherwise required by the terms of a gift or grant, gifts or grants
shall be expended as provided in subsection (5) of this section. [1993 c.659 §16;
2005 c.22 §369]
496.235 [Repealed by 1973 c.723 §130]
496.236
Advisory councils to board; duties; no compensation or expenses for members. (1) Individuals who reside in the various
regions established for administration of the wildlife resources may form
advisory councils, with membership in the same proportion as described for the
board, to discuss and consider access and habitat programs and projects and to
make recommendations thereon to the Access and Habitat Board. When the board
considers proposals affecting a region, the board shall consult with the
advisory council for that region if one exists.
(2) Employees of the State Department of
Fish and Wildlife or other professional biologists who are residents of the
various regions may act in an advisory capacity to the various councils.
(3) An individual who serves as a member
of an advisory council shall receive no compensation or expenses for service as
a member. [1993 c.659 §17]
496.240 [Amended by 1959 c.371 §3; 1963 c.154 §3;
1965 c.74 §4; repealed by 1973 c.723 §130]
496.242
Access and habitat program funds. (1) Notwithstanding ORS 496.300, all moneys received by the State Fish
and Wildlife Commission pursuant to section 19, chapter 659, Oregon Laws 1993,
shall be deposited in the Access and Habitat Board Subaccount established in the
Fish and Wildlife Account. Moneys in the subaccount may be expended only for
the access and habitat programs recommended by the Access and Habitat Board for
the benefit of the wildlife resources of this state.
(2) The State Department of Fish and Wildlife
shall credit the subaccount with a sum equal to 15 percent of the other fund
budget for the green forage and Deer Enhancement and Restoration programs in
each biennium.
(3) The department shall not assess its
personnel costs in the administration of ORS 496.166 and 496.228 to 496.242
against the subaccount referred to in this section without the prior approval
of the Access and Habitat Board. [1993 c.659 §14; 2001 c.822 §1]
496.245 [Repealed by 1973 c.723 §130]
496.250 [Repealed by 1971 c.418 §23]
FISH HABITAT
IMPROVEMENT
496.260
Project applications; contents; notice of reasons for rejection; approval
conditions; limitation on tax credit. (1) Any person may apply to the State Department of Fish and Wildlife
for preliminary certification of a fish habitat improvement project. The
department shall develop rules and procedures for administering its
responsibilities under this section and ORS 315.134 and 496.265. Such rules
shall clarify the criteria used to evaluate fish improvement projects. Applications
for preliminary certification shall be made in writing on a form provided by
the department and shall contain:
(a) A detailed description of the proposed
project including a statement of expected benefits;
(b) Blueprints or drawings of the proposed
project providing such detail as the department may require;
(c) A detailed estimate of project costs;
and
(d) Such other information as the
department may require.
(2) The department shall act on all
applications for preliminary certification before the 120th day after the
receipt of such application. At any time during that period the department may
request clarification, additional detail or modification of the plans.
(3) If the department rejects an
application for preliminary certification, the department shall cause written
notice of the action, together with a statement of findings and the reasons
therefor to the applicant.
(4) Preliminary certification of a fish
habitat improvement project by the department shall not:
(a) Qualify the applicant for the tax
credit provided under ORS 315.134.
(b) Exempt the project from any state or
federal law, or local ordinance.
(5) Upon completion of construction or
installation of a fish habitat improvement project preliminarily certified by
the department under this section, a person may apply to the department for
final certification of the project. The application for final certification
shall be made in writing on forms provided by the department and shall include:
(a) A detailed statement of project costs;
and
(b) Whatever other information the
department may require.
(6) Upon receipt of an application for
final project certification, the department shall cause the project to be
inspected to determine that the project will result in the improvement of
riparian or in-stream habitat. If the department determines that the project
conforms to the plans approved during the preliminary certification, the
department shall provide the applicant with written notice of final
certification of the project. The action of the department shall include
certification of the actual cost of the project for purposes of the income tax
credit relief allowed under ORS 315.134. However, in no event shall the
department certify an amount for tax credit purposes that is more than 10
percent in excess of the amount approved in the preliminary certificate issued
for the project under subsection (2) of this section. [1981 c.720 §22]
496.265
Limitation on amount eligible for tax credit. Notwithstanding any provisions of ORS 315.134 and 496.260 to the
contrary, the State Department of Fish and Wildlife shall not preliminarily
certify under ORS 496.260 (2), in any one calendar year, as eligible for tax
credit under ORS 315.134, fish habitat improvement project costs in excess of $100,000.
The department shall not grant preliminary certification for a fish habitat
improvement project unless application under ORS 496.260 (1) is filed with the
department on or before January 1, 1998. [1981 c.720 §23; 1989 c.924 §8]
496.270
Immunity from liability for damages resulting from habitat or water quality
improvement project; exceptions. (1) The Legislative Assembly declares that it is the policy of the
State of
(2) Consistent with the limitations of ORS
105.672 to 105.696, a landowner is not liable in contract or tort for any
personal injury, death or property damage that arises out of the use of the
land by:
(a) A volunteer conducting a fish and
wildlife habitat improvement project; or
(b) A participant of a state-funded or
federally funded watershed or stream restoration or enhancement program.
(3) An operator, timber owner or landowner
shall not be held liable for any damages resulting from:
(a) A fish and wildlife habitat
improvement project done in cooperation and consultation with the State
Department of Fish and Wildlife or the Oregon Watershed Enhancement Board, or
conducted as part of a forest management practice in accordance with ORS
527.610 to 527.770, 527.990 and 527.992; or
(b) Leaving large woody debris within the
waters of this state to protect, retain and recruit large woody debris for the
purposes of fish habitat and water quality improvement.
(4) The limitations to liability provided
by subsections (2) and (3) of this section do not apply if the damages, injury
or death was caused by willful, wanton or intentional conduct on the part of
the operator, timber owner or landowner or by the gross negligence of the
operator, timber owner or landowner. As used in this subsection gross
negligence means negligence which is materially greater than the mere absence
of reasonable care under the circumstances, and which is characterized by
indifference to or reckless disregard of the rights of others.
(5) The limitation on liability provided
by subsection (3) of this section does not apply to claims for death or
personal injuries. [1993 c.701 §2; 1997 c.207 §1; 1999 c.863 §3]
Note: 496.270 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 496 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
FISH RESOURCE
PROTECTION, RESTORATION AND ENHANCEMENT
(Salmon)
496.275
Salmon resource protection and restoration; review of public and private
production facilities; approval of production facilities by department. (1) The Legislative Assembly hereby declares
the necessity to review all options and means for the protection and
restoration of
(2) The State Department of Fish and
Wildlife shall:
(a) Review and revise existing state
administrative rules so that the different forms of hatchery production are
recognized as a necessary and critical element in the states salmon production
system in order to provide harvest opportunities for
(b) Identify existing private and public
salmon production facilities that are currently either underutilized or subject
to decommissioning and that may be appropriate for other forms of operation.
(c) Inventory other appropriate local
sites, identify possible types of production facilities, recommend stock
selection and release size, and assist in securing the acquisition of brood
stock approved by the department that maximizes local production.
(d) Investigate and implement ways to
improve hatchery smolt survival and reduce predation by such means as night
releases, net pen acclimation, alternate release sites, volitional and other
release strategies, transport and other means that may be effective and
consistent with the conservation of native salmon and genetic resources.
(e) Make recommendations on methods by
which operations of facilities referred to in this subsection and subsection
(3) of this section can generate revenue for sustainable production, including
but not limited to state bonding, license surcharges, ad valorem taxes, local
economic development funds, service districts, sale of excess eggs and salmon,
and gifts, grants and donations.
(f) Identify needed monitoring and
evaluation activities to ensure protection of natural spawning fish populations
and to assess the contribution of such cooperative projects to public
fisheries.
(g) Assist in developing, for department
approval, plans of operation for such cooperative hatchery projects consistent
with applicable rules and standards of sound, scientific fish management
practice.
(3) The department shall encourage and
assist in planning hatchery facilities that seek to implement innovative plans
or programs designed to meet production for harvest needs consistent with
conservation objectives.
(4) The State Fish and Wildlife Commission
shall approve, prior to implementation, operational plans for any fish
propagation facilities operated by contractor agreement with other state or
federal agencies, local governments, special districts and nonprofit
organizations. [1995 c.469 §§2,3,4; 2007 c.71 §169]
(All
Fisheries)
496.280
Findings. The Legislative
Assembly finds, in the interest of all Oregonians, a necessity to improve
Note: 496.280 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 496 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
496.283
Use of moneys from surcharges; limitations on expenditures. (1) Notwithstanding ORS 506.306, all moneys
received by the State Fish and Wildlife Commission pursuant to sections 4, 6
and 8, chapter 512, Oregon Laws 1989, shall be deposited in a separate
subaccount in the State Wildlife Fund. Except as provided in subsection (2) of
this section, moneys in the subaccount may be expended only for the departments
fish restoration and enhancement programs for the benefit of the fish resources
of this state.
(2) Fees collected from salmon ranching
permits authorized under ORS 508.700 to 508.745 will not be commingled with
public fishery funds collected and deposited in the subaccount referred to in
this section. Notwithstanding any other provision of law, these funds will be
used to monitor the effect and impact of private salmon ranching on the fishery
resources of
(3) The department shall not divert
present budgeted funds to other projects as user surcharge funds become
available and shall not embark on new programs not vital to the restoration of
496.286
Restoration and Enhancement Board. (1) There is established within the State Department of Fish and
Wildlife the Restoration and Enhancement Board, consisting of seven members
appointed by the State Fish and Wildlife Commission.
(2) Three members shall be appointed to
represent the ocean and inland recreational fisheries. In making appointments
pursuant to this subsection, the commission shall consider recommendations from
the State Fish and Wildlife Director.
(3) Three members of the board shall be
appointed to represent the commercial troll and gillnet fisheries and the fish
processing industry. In making appointments pursuant to this subsection, the
commission shall consider recommendations from the State Fish and Wildlife
Director.
(4) One member of the board shall be
appointed to represent the public.
(5) A member of the board shall receive no
compensation for services as a member. However, subject to any applicable law
regulating travel and other expenses of state officers and employees, a member
shall be reimbursed for actual and necessary travel and other expenses incurred
in the performance of official duties from such moneys made available by
sections 4, 6 and 8, chapter 512, Oregon Laws 1989.
(6) The term of office of a member of the
board is four years. A member of the board is eligible for reappointment.
(7) An official action of the board may be
taken only upon the affirmative vote of four members.
(8) The board shall select such officers
for such terms and with such duties and powers as the board considers necessary
for the performance of those offices.
(9) The board shall meet at such times and
at such places as may be determined by the chair or by the majority of the
members of the board. [1989 c.512 §11]
496.289
Duties of board; report to legislature; recommendations for programs. (1) The Restoration and Enhancement Board
shall meet, adopt and recommend to the State Fish and Wildlife Commission,
within 120 days after July 1, 1989, and at not more than 120-day intervals
thereafter, fish restoration and enhancement programs.
(2) The commission shall review such
programs and may approve or disapprove any or all program recommendations by
the board. Funds may be expended from the subaccount referred to in ORS 496.283
for projects that have been approved by the commission.
(3) The State Department of Fish and
Wildlife and the board jointly shall submit to each biennial session of the
Legislative Assembly a report on expenditure of funds for the fish restoration
and enhancement program and on the status of various projects.
(4) In recommending fish restoration and
enhancement programs, the board shall:
(a) Recommend a mix of projects that
provide a balance between restoration and enhancement benefits.
(b) Recommend projects that are to be
implemented by the salmon and trout enhancement program and nonprofit
organizations engaged in approved restoration and enhancement activities.
(c) Encourage projects that result in
obtaining matching funds from other sources.
(5) All moneys made available for the fish
restoration and enhancement program from surcharges received under sections 4,
6 and 8, chapter 512, Oregon Laws 1989, and from gifts and grants made to carry
out the fish restoration and enhancement program may be expended only if
recommended by the board and approved by the commission. Such amounts may be
expended:
(a) On programs benefiting the commercial
fishing industry in the same proportion as revenues received from surcharges
under sections 6 and 8, chapter 512, Oregon Laws 1989, bear to the total amount
of surcharge revenues.
(b) On programs benefiting recreational
angling in the same proportion as revenues received from the surcharge under
section 4, chapter 512, Oregon Laws 1989, bear to the total amount of surcharge
revenues.
(6) The board may accept, from whatever
source, gifts or grants for the purposes of fish restoration and enhancement.
All moneys so accepted shall be deposited in the subaccount referred to in ORS
496.283. Unless otherwise required by the terms of a gift or grant, gifts or
grants shall be expended as provided in subsection (5) of this section.
(7) As used in this section:
(a) Enhancement includes, but is not
limited to, the following activities:
(A) Angler access.
(B) New fishways and screens.
(C) Habitat.
(D) New hatchery equipment and technology.
(E) Public education.
(F) Aquatic inventories.
(b) Restoration includes, but is not
limited to, the following activities:
(A) Modification of existing fishways and
existing screens.
(B) Hatchery restoration.
(C) Liberation equipment. [1989 c.512 §12;
1997 c.8 §12]
496.291
Advisory councils; recommendations to board; consultation with councils. (1) Individuals who reside in the various
regions established for administration of the salmon and trout enhancement
program may form advisory councils to discuss and consider fish restoration and
enhancement programs and projects and shall make recommendations thereon to the
Restoration and Enhancement Board. When the board considers proposals affecting
a region, the board shall consult with the advisory council for that region if
one exists.
(2) Employees of the State Department of
Fish and Wildlife who are residents of the various regions may act in an advisory
capacity to the various councils.
(3) Individuals who serve as members of an
advisory council shall receive no compensation or expenses for service as a
member. [1989 c.512 §13]
PILOT PROGRAM
FOR LANDOWNER PREFERENCE TAGS
Note: Section 1, chapter 461, Oregon Laws 2003,
provides:
Sec.
1. Notwithstanding any other
provision of the wildlife laws, the State Department of Fish and Wildlife shall
create and implement a Southwest Oregon Landowner Preference Pilot Program
during the period beginning July 1, 2004, and ending June 30, 2014, that:
(1) Addresses damage caused by elk on
privately owned lands in
(2) Provides landowner preference tags
only for areas where elk are currently causing damage, where there has been a
history of elk damage coupled with actions to alleviate elk damage or where the
department has designated the area as an elk deemphasis area.
(3) Limits the use of tags to taking
antlerless elk.
(4) Limits the use of tags to taking elk
on property owned, leased or rented by the landowner complaining of elk damage
or on property owned, leased or rented by a business entity that includes the
landowner as a principal partner or shareholder.
(5) Allows exchange of unused general
season elk tags or controlled hunt elk tags for landowner preference tags.
(6) Does not impose a limit on the number
of total tags available for each property, except that no more than five tags
may be valid at any one time on a particular property.
(7) Does not impose a minimum acreage
requirement for landowner participation.
(8) Allows landowners to register for
participation in the program at any time prior to the issuance of tags.
(9) Authorizes department biologists to
sell and exchange tags.
(10) Authorizes department biologists to
establish the period of validity for tags through negotiation with landowners.
(11) Requires landowners to record the
number of elk taken and, within 10 days after the end of a designated hunt
period, to report to the local department biologist the number of elk taken.
[2003 c.461 §1; 2007 c.8 §1]
STATE
WILDLIFE FUND; RECEIPTS AND EXPENDITURES
496.300
State Wildlife Fund; sources; uses. (1) The State Wildlife Fund is established in the State Treasury
separate and distinct from the General Fund. Except as otherwise provided by
law, all moneys received by the State Fish and Wildlife Commission pursuant to
the wildlife laws, except such as may be required as a revolving fund for
payroll and emergency expenses, shall be paid into the State Treasury and
credited to the fund. All moneys in the fund are appropriated continuously to
the commission to carry out the wildlife laws. Interest earnings on all moneys
in the fund shall be retained in the fund.
(2)(a) The commission shall keep a record
of all moneys deposited in the State Wildlife Fund. The record shall indicate
by separate cumulative accounts the source from which the moneys are derived
and the individual activity or program against which each withdrawal is
charged.
(b) Using the record created pursuant to
paragraph (a) of this subsection, the commission shall report, in the budget
documents submitted to the Legislative Assembly, on the application of
investment and interest earnings to the maintenance of fish hatcheries and other
State Department of Fish and Wildlife facilities. [1973 c.723 §15; 1975 c.118 §1;
1975 c.253 §12; 1983 c.8 §1; 1983 c.801 §6; 1989 c.618 §10; 1989 c.749 §6; 1991
c.435 §2; 1991 c.858 §7; 1995 c.426 §7; 1999 c.1006 §1; 2001 c.822 §2]
496.303
Fish and Wildlife Account; sources; subaccounts; uses. (1) The Fish and Wildlife Account is
established in the State Treasury, separate and distinct from the General Fund.
All moneys in the account are continuously appropriated to the State Fish and
Wildlife Commission. The Fish and Wildlife Account shall consist of the moneys
in its various subaccounts and any moneys transferred to the account by the
Legislative Assembly. Unless otherwise specified by law, interest earnings on
moneys in the account shall be paid into the State Treasury and credited to the
State Wildlife Fund.
(2)(a) The Fish Screening Subaccount is
established in the Fish and Wildlife Account. The subaccount shall consist of:
(A) All penalties recovered under ORS
536.900 to 536.920.
(B) All moneys received pursuant to ORS
498.306.
(C) All gifts, grants and other moneys
from whatever source that may be used to carry out the provisions of ORS
498.306.
(D) All moneys received from the surcharge
on angling licenses imposed by ORS 497.124.
(b) All moneys in the subaccount shall be
used to carry out the provisions of ORS 315.138, 498.306 and 509.620. However,
moneys received from the surcharge on angling licenses imposed by ORS 497.124
shall be expended only to carry out the provisions of law relating to the
screening of water diversions.
(3) The Fish Endowment Subaccount is
established in the Fish and Wildlife Account. The subaccount shall consist of
transfers of moneys authorized by the Legislative Assembly from the State
Wildlife Fund and gifts and grants of moneys from whatever source for the
purpose of paying the expense of maintaining fish hatcheries operated by the
department.
(4) The Migratory Waterfowl Subaccount is
established in the Fish and Wildlife Account. All moneys received by the commission
from the sale of art works and prints related to the migratory waterfowl stamp
shall be deposited in the subaccount. Moneys in the subaccount may be expended
only for activities that promote the propagation, conservation and recreational
uses of migratory waterfowl and for activities related to the design,
production, issuance and arrangements for sale of the migratory waterfowl
stamps and related art works and prints. Expenditures of moneys in the
subaccount may be made within this state, in other states or in foreign
countries, in such amounts as the commission determines appropriate.
Expenditures in other states and foreign countries shall be on such terms and
conditions as the commission determines will benefit most directly the
migratory waterfowl resources of this state.
(5) The Halibut Research Subaccount is
established in the Fish and Wildlife Account. Based on the annual number of
recreational halibut anglers, a portion of the moneys derived from the sale of
the salmon, steelhead trout, sturgeon and halibut tag pursuant to ORS 497.121
shall be credited to the subaccount. Moneys in the subaccount may be expended
only for halibut population studies and other research.
(6) The Upland Bird Subaccount is
established in the Fish and Wildlife Account. All moneys received by the State
Fish and Wildlife Commission from the sale of upland bird stamps, from the sale
of any art works and prints related to the upland bird stamp and from private
hunting preserve permit fees shall be deposited in the subaccount. Moneys in
the subaccount may be expended only for promoting the propagation and
conservation of upland birds and the acquisition, development, management,
enhancement, sale or exchange of upland bird habitat, and for activities
related to the design, production, issuance and arrangements for sale of the
upland bird stamps and related art works and prints. Expenditures of moneys in
the subaccount shall be made for the benefit of programs within this state in
such amounts and at such times as the commission determines appropriate to most
directly benefit the upland bird resources of the state.
(7)(a) The Fish and Wildlife Deferred
Maintenance Subaccount is established in the Fish and Wildlife Account.
Interest earnings on moneys in the subaccount shall be credited to the
subaccount. The subaccount shall consist of moneys authorized by the
Legislative Assembly from the State Wildlife Fund and moneys obtained by gift,
grant, bequest or donation from any other public or private source.
(b) The principal in the subaccount may be
utilized only as provided in paragraph (c) of this subsection. Interest
earnings on the moneys in the subaccount may be expended only for the
maintenance of fish hatcheries and State Department of Fish and Wildlife
facilities other than administrative facilities located in
(c) The department may borrow funds from
the principal of the subaccount to maintain adequate cash flow requirements.
However, moneys borrowed from the principal must be repaid to the subaccount:
(A) Within six months from the date on
which the moneys were borrowed.
(B) With interest at the standard rate
that the State Treasurer charges to state agencies for other loans. Interest
paid under this subparagraph shall be paid to the subaccount.
(d) For purposes of this subsection, principal
means moneys authorized by the Legislative Assembly for transfer to the
subaccount from the State Wildlife Fund, including any assignment of earnings
on moneys in the fund and other moneys obtained by gift, grant, bequest or
donation deposited into the subaccount.
(8) The Access and Habitat Board
Subaccount is established in the Fish and Wildlife Account. The subaccount
shall consist of moneys transferred to the subaccount pursuant to ORS 496.242.
Moneys in the subaccount may be used for the purposes specified in ORS 496.242.
(9) The Marine Shellfish Subaccount is
established in the Fish and Wildlife Account. Interest earnings on moneys in
the subaccount shall be credited to the subaccount. All moneys received by the
commission from the sale of resident and nonresident shellfish licenses
pursuant to ORS 497.121 shall be deposited in the subaccount. Moneys in the
subaccount shall be used for the protection and enhancement of shellfish for
recreational purposes, including shellfish sanitation costs and the cost of
enforcement of wildlife laws pertaining to the taking of shellfish. The State
Fish and Wildlife Director, or a designee, the Director of Agriculture, or a
designee, and the Superintendent of State Police, or a designee, shall jointly
make a recommendation to the Governor for inclusion in the Governors budget
beginning July 1 of each odd-numbered year.
(10)(a) The Mountain Sheep Subaccount is
established in the Fish and Wildlife Account, consisting of moneys collected
under ORS 497.112 (2)(a) to (c).
(b) All moneys in the subaccount shall be
used for the propagation and conservation of mountain sheep, for research,
development, management, enhancement and sale or exchange of mountain sheep
habitat and for programs within the state that in the discretion of the
commission most directly benefit mountain sheep resources of this state.
(11)(a) The Antelope Subaccount is
established in the Fish and Wildlife Account, consisting of moneys collected
under ORS 497.112 (2)(a) to (c).
(b) All moneys in the subaccount shall be
used for the propagation and conservation of antelope, for research,
development, management, enhancement and sale or exchange of antelope habitat
and for programs within the state that in the discretion of the commission most
directly benefit antelope resources of this state.
(12)(a) The Mountain Goat Subaccount is
established in the Fish and Wildlife Account, consisting of moneys collected
under ORS 497.112 (2)(a) to (c).
(b) All moneys in the subaccount shall be
used for the propagation and conservation of mountain goats for research,
development, management, enhancement and sale or exchange of mountain goat
habitat and for programs within the state that in the discretion of the
commission most directly benefit mountain goat resources of this state.
(13)(a) The commission shall keep a record
of all moneys deposited in the Fish and Wildlife Account. The record shall
indicate by separate cumulative accounts the sources from which the moneys are
derived and the individual activity or programs against which each withdrawal
is charged.
(b) Using the record created pursuant to
paragraph (a) of this subsection, the commission shall report, in the budget
documents submitted to the Legislative Assembly, on the application of
investment and interest earnings to the maintenance of fish hatcheries and
other State Department of Fish and Wildlife facilities. [2001 c.822 §3; 2003
c.612 §2; 2003 c.656 §12; 2007 c.625 §3]
Note: The amendments to 496.303 by section 14, chapter
625, Oregon Laws 2007, become operative January 2, 2014. See section 15,
chapter 625, Oregon Laws 2007. The text that is operative on and after January
2, 2014, is set forth for the users convenience.
496.303. (1) The Fish and Wildlife Account is
established in the State Treasury, separate and distinct from the General Fund.
All moneys in the account are continuously appropriated to the State Fish and
Wildlife Commission. The Fish and Wildlife Account shall consist of the moneys
in its various subaccounts and any moneys transferred to the account by the
Legislative Assembly. Unless otherwise specified by law, interest earnings on
moneys in the account shall be paid into the State Treasury and credited to the
State Wildlife Fund.
(2)(a) The Fish Screening Subaccount is
established in the Fish and Wildlife Account. The subaccount shall consist of:
(A) All penalties recovered under ORS
536.900 to 536.920.
(B) All moneys received pursuant to ORS
498.306.
(C) All gifts, grants and other moneys
from whatever source that may be used to carry out the provisions of ORS
498.306.
(D) All moneys received from the surcharge
on angling licenses imposed by ORS 497.124.
(b) All moneys in the subaccount shall be
used to carry out the provisions of ORS 498.306 and 509.620. However, moneys
received from the surcharge on angling licenses imposed by ORS 497.124 shall be
expended only to carry out the provisions of law relating to the screening of
water diversions.
(3) The Fish Endowment Subaccount is
established in the Fish and Wildlife Account. The subaccount shall consist of
transfers of moneys authorized by the Legislative Assembly from the State
Wildlife Fund and gifts and grants of moneys from whatever source for the
purpose of paying the expense of maintaining fish hatcheries operated by the
department.
(4) The Migratory Waterfowl Subaccount is
established in the Fish and Wildlife Account. All moneys received by the
commission from the sale of art works and prints related to the migratory
waterfowl stamp shall be deposited in the subaccount. Moneys in the subaccount
may be expended only for activities that promote the propagation, conservation
and recreational uses of migratory waterfowl and for activities related to the
design, production, issuance and arrangements for sale of the migratory
waterfowl stamps and related art works and prints. Expenditures of moneys in
the subaccount may be made within this state, in other states or in foreign
countries, in such amounts as the commission determines appropriate. Expenditures
in other states and foreign countries shall be on such terms and conditions as
the commission determines will benefit most directly the migratory waterfowl
resources of this state.
(5) The Halibut Research Subaccount is
established in the Fish and Wildlife Account. Based on the annual number of
recreational halibut anglers, a portion of the moneys derived from the sale of
the salmon, steelhead trout, sturgeon and halibut tag pursuant to ORS 497.121
shall be credited to the subaccount. Moneys in the subaccount may be expended
only for halibut population studies and other research.
(6) The Upland Bird Subaccount is
established in the Fish and Wildlife Account. All moneys received by the State
Fish and Wildlife Commission from the sale of upland bird stamps, from the sale
of any art works and prints related to the upland bird stamp and from private
hunting preserve permit fees shall be deposited in the subaccount. Moneys in
the subaccount may be expended only for promoting the propagation and conservation
of upland birds and the acquisition, development, management, enhancement, sale
or exchange of upland bird habitat, and for activities related to the design,
production, issuance and arrangements for sale of the upland bird stamps and
related art works and prints. Expenditures of moneys in the subaccount shall be
made for the benefit of programs within this state in such amounts and at such
times as the commission determines appropriate to most directly benefit the
upland bird resources of the state.
(7)(a) The Fish and Wildlife Deferred
Maintenance Subaccount is established in the Fish and Wildlife Account.
Interest earnings on moneys in the subaccount shall be credited to the
subaccount. The subaccount shall consist of moneys authorized by the Legislative
Assembly from the State Wildlife Fund and moneys obtained by gift, grant,
bequest or donation from any other public or private source.
(b) The principal in the subaccount may be
utilized only as provided in paragraph (c) of this subsection. Interest
earnings on the moneys in the subaccount may be expended only for the
maintenance of fish hatcheries and State Department of Fish and Wildlife
facilities other than administrative facilities located in
(c) The department may borrow funds from
the principal of the subaccount to maintain adequate cash flow requirements.
However, moneys borrowed from the principal must be repaid to the subaccount:
(A) Within six months from the date on
which the moneys were borrowed.
(B) With interest at the standard rate
that the State Treasurer charges to state agencies for other loans. Interest
paid under this subparagraph shall be paid to the subaccount.
(d) For purposes of this subsection, principal
means moneys authorized by the Legislative Assembly for transfer to the
subaccount from the State Wildlife Fund, including any assignment of earnings
on moneys in the fund and other moneys obtained by gift, grant, bequest or
donation deposited into the subaccount.
(8) The Access and Habitat Board
Subaccount is established in the Fish and Wildlife Account. The subaccount
shall consist of moneys transferred to the subaccount pursuant to ORS 496.242.
Moneys in the subaccount may be used for the purposes specified in ORS 496.242.
(9) The Marine Shellfish Subaccount is
established in the Fish and Wildlife Account. Interest earnings on moneys in
the subaccount shall be credited to the subaccount. All moneys received by the
commission from the sale of resident and nonresident shellfish licenses
pursuant to ORS 497.121 shall be deposited in the subaccount. Moneys in the
subaccount shall be used for the protection and enhancement of shellfish for
recreational purposes, including shellfish sanitation costs and the cost of
enforcement of wildlife laws pertaining to the taking of shellfish. The State
Fish and Wildlife Director, or a designee, the Director of Agriculture, or a
designee, and the Superintendent of State Police, or a designee, shall jointly
make a recommendation to the Governor for inclusion in the Governors budget
beginning July 1 of each odd-numbered year.
(10)(a) The Mountain Sheep Subaccount is
established in the Fish and Wildlife Account, consisting of moneys collected
under ORS 497.112 (2)(a) to (c).
(b) All moneys in the subaccount shall be
used for the propagation and conservation of mountain sheep, for research,
development, management, enhancement and sale or exchange of mountain sheep
habitat and for programs within the state that in the discretion of the
commission most directly benefit mountain sheep resources of this state.
(11)(a) The Antelope Subaccount is
established in the Fish and Wildlife Account, consisting of moneys collected
under ORS 497.112 (2)(a) to (c).
(b) All moneys in the subaccount shall be
used for the propagation and conservation of antelope, for research,
development, management, enhancement and sale or exchange of antelope habitat
and for programs within the state that in the discretion of the commission most
directly benefit antelope resources of this state.
(12)(a) The Mountain Goat Subaccount is
established in the Fish and Wildlife Account, consisting of moneys collected
under ORS 497.112 (2)(a) to (c).
(b) All moneys in the subaccount shall be
used for the propagation and conservation of mountain goats for research,
development, management, enhancement and sale or exchange of mountain goat
habitat and for programs within the state that in the discretion of the
commission most directly benefit mountain goat resources of this state.
(13)(a) The commission shall keep a record
of all moneys deposited in the Fish and Wildlife Account. The record shall
indicate by separate cumulative accounts the sources from which the moneys are
derived and the individual activity or programs against which each withdrawal
is charged.
(b) Using the record created pursuant to
paragraph (a) of this subsection, the commission shall report, in the budget
documents submitted to the Legislative Assembly, on the application of
investment and interest earnings to the maintenance of fish hatcheries and other
State Department of Fish and Wildlife facilities.
Note: 496.303 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 496 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
496.305 [Amended by 1959 c.692 §6; 1971 c.446 §1;
repealed by 1973 c.723 §130]
496.306
Compensation for damage done by bear and cougar not to be paid from State
Wildlife Fund. If the State
Department of Fish and Wildlife is required to pay compensation for damage
activities of bear and cougar to people, real property, livestock, or
agricultural or forest products, the compensation, and any attorney fees, shall
not be paid from the State Wildlife Fund, but shall be paid from such other
moneys as shall be available therefor. [1995 c.136 §2]
496.310 [Amended by 1959 c.692 §7; repealed by 1967
c.451 §32]
496.311
Limitation on size of revolving fund. Notwithstanding any other provision of law, the revolving fund
referred to in ORS 496.300 shall not exceed $40,000. [1975 c.545 §9; 1979 c.461
§7]
496.315 [Amended by 1959 c.692 §8; 1967 c.451 §23;
1971 c.446 §2; repealed by 1973 c.723 §130]
496.320 [Amended by 1959 c.692 §9; 1971 c.446 §3;
1971 c.658 §6; repealed by 1973 c.723 §130]
496.325 [Amended by 1971 c.446 §4; 1971 c.658 §6a;
repealed by 1973 c.723 §130]
496.330 [Amended by 1971 c.658 §7; repealed by 1973
c.723 §130]
496.335 [Repealed by 1973 c.723 §130]
496.340
Payments to counties in lieu of taxes. (1) Except as provided in subsection (3) of this section, whenever
real property owned by the State Fish and Wildlife Commission is exempt from
taxation on January 1 of any year by reason of its ownership by the state, the
commission shall pay to the county in which the property is situated an amount
equal to the ad valorem taxes that would have been charged against the property
if it had been assessed to a taxable owner as of January 1 of such year as
provided in subsection (2) of this section. The county assessor shall determine
the value of such property and shall notify the commission of the determination
of the county assessor. Upon request of the commission, the Department of
Revenue shall review the determination of value and shall redetermine the value
if it concludes the value initially determined was substantially incorrect.
(2)(a) Except as provided in paragraph (b)
or (c) of this subsection, the value of the property shall be computed at its
assessed value under ORS 308A.107 or for forestland use, whichever is applicable.
(b) Paragraph (a) of this subsection shall
not apply to any property upon which open field burning takes place. If open
field burning takes place on any property described in this section, the
property shall be valued at its highest and best use rather than the values
authorized in paragraph (a) of this subsection on the January 1 following the
date of the open field burning. If in the next year, the open field burning is
discontinued, paragraph (a) of this subsection shall apply the next January 1
and each year thereafter as long as no open field burning occurs.
(c) Paragraph (a) of this subsection shall
not apply to any property acquired by the commission after September 9, 1971,
if such property was valued under farm use or forestland use special assessment
provisions, at the time the property was acquired by the commission. However,
no payments in lieu of taxes made to a county pursuant to this section prior to
January 1, 1974, shall be refunded to the commission.
(3) This section does not apply to real
property used for bird farms, fish hatcheries, office quarters, fishing access
sites or impoundments, capital improvements or real property acquired pursuant
to the Act of May 19, 1948 (62 Stat. 240), Public Law 80-537.
(4) The amount prescribed in subsection
(1) of this section shall be determined annually by the assessor of the county
in which the property is situated and certified by the assessor to the county
court or the board of county commissioners. A notice of the determination, signed
by the county judge or the chairperson of the board of county commissioners,
shall be mailed to the principal office of the commission not later than
October 15. The notice shall contain a statement of the value of the property
and a complete explanation of the method used in computing the amount claimed
pursuant to subsection (1) of this section. Not later than November 15, the
commission shall pay each amount, less a discount equivalent to that which is
provided in ORS 311.505. Payment shall be made to the county treasurer, who
shall distribute the payment to the taxing districts of the county in
accordance with the schedule of percentages computed under ORS 311.390.
(5) Notwithstanding any other provision of
the wildlife laws, the commission shall make the payments to counties required
by this section annually from the moneys in the State Wildlife Fund established
by ORS 496.300. [Amended by 1955 c.729 §1; 1971 c.356 §1; 1971 c.474 §1; 1973
c.723 §16; 1991 c.459 §420; 1997 c.541 §441; 1999 c.314 §73; 2005 c.755 §46]
496.345 [1959 c.692 §5; 1963 c.481 §1; part
renumbered 506.345; repealed by 1971 c.446 §11]
NONGAME
WILDLIFE
496.375
Nongame wildlife defined.
As used in ORS 496.380 to 496.390 nongame wildlife means all wildlife species
over which the State Fish and Wildlife Commission has jurisdiction, except game
mammals, as defined in ORS 496.004, fur-bearing mammals as defined in ORS
496.004, game birds as defined in ORS 496.007 and game fish as defined in ORS
496.009. [1979 c.566 §1]
496.380
Designation of tax refunds to finance program. (1) Individual taxpayers who file an Oregon
income tax return and who will receive a tax refund from the Department of
Revenue may designate that a contribution be made to the Nongame Wildlife Fund
by marking the appropriate box printed on the return pursuant to subsection (2)
of this section.
(2) The Department of Revenue shall print
on the face of the
Note: The amendments to 496.380 by section 20, chapter
822, Oregon Laws 2007, apply to tax years beginning on or after January 1,
2012. See section 26, chapter 822, Oregon Laws 2007. The text that applies to
tax years beginning on or after January 1, 2012, is set forth for the users
convenience.
496.380. Individual taxpayers who file an
496.385
Nongame Wildlife Fund. (1)
There is established as a separate and distinct fund in the State Treasury a
Nongame Wildlife Fund. The Nongame Wildlife Fund shall consist of:
(a) An amount credited to the fund under ORS
305.749, which shall be transferred by the Department of Revenue to the fund.
(b) Gifts, grants and donations, in money
or otherwise, for use as described in subsection (2) of this section, which the
State Treasurer may solicit and accept from private and public sources and
shall cause to be deposited and credited to the Nongame Wildlife Fund.
(c) Interest or other earnings on the
amounts described in paragraphs (a) and (b) of this subsection which shall
inure to the benefit of the Nongame Wildlife Fund.
(2) Moneys contained in the Nongame
Wildlife Fund are continuously appropriated for the purposes specified in ORS
496.390. [1979 c.566 §3; 1987 c.758 §4; 1989 c.987 §22]
Note: The amendments to 496.385 by section 21,
chapter 822, Oregon Laws 2007, apply to tax years beginning on or after January
1, 2012. See section 26, chapter 822, Oregon Laws 2007. The text that applies
to tax years beginning on or after January 1, 2012, is set forth for the users
convenience.
496.385. (1) There is established as a separate and
distinct fund in the State Treasury a Nongame Wildlife Fund. The Nongame
Wildlife Fund shall consist of:
(a) An amount credited to the fund under
ORS 305.690 to 305.753, which shall be transferred by the Department of Revenue
to the fund.
(b) Gifts, grants and donations, in money
or otherwise, for use as described in subsection (2) of this section, which the
State Treasurer may solicit and accept from private and public sources and
shall cause to be deposited and credited to the Nongame Wildlife Fund.
(c) Interest or other earnings on the
amounts described in paragraphs (a) and (b) of this subsection which shall
inure to the benefit of the Nongame Wildlife Fund.
(2) Moneys contained in the Nongame
Wildlife Fund are continuously appropriated for the purposes specified in ORS
496.390.
496.390
Control over fund by department; use of moneys. The State Department of Fish and Wildlife
shall have access to and control of the moneys held in the Nongame Wildlife
Fund, but shall use such moneys only to protect and preserve nongame wildlife
and their habitat. [1979 c.566 §4]
496.405 [Amended by 1971 c.658 §7a; repealed by 1973
c.723 §130]
496.410 [Repealed by 1973 c.723 §130]
496.415 [Amended by 1971 c.658 §8; repealed by 1973
c.723 §130]
496.420 [1959 c.146 §1; repealed by 1973 c.723 §130]
SALMON AND
TROUT ENHANCEMENT
496.430
Definitions for ORS 496.430 and 496.435 to 496.455. As used in this section and ORS 496.435 to
496.455:
(1) Enhancement means resource
conservation, utilization and educational activities that contribute to the
recovery and sustainability of native fish.
(2) Listed unit means one population or
a group of populations of a species, such as an evolutionarily significant
unit, that has been listed as threatened or endangered under the federal
Endangered Species Act of 1973 (P.L. 93-205), as amended, or under ORS 496.171
to 496.192.
(3) Native fish means indigenous to
(4) Native stocks means those fish
indigenous to
(5) Naturally produced means a fish that
reproduces and completes its full life cycle in its natural habitat. The
naturally produced progeny of hatchery fish are naturally produced.
(6) Population means a group of fish
that:
(a) Originates and reproduces in a
particular area at a particular time;
(b) Does not interbreed to any substantial
degree with any other group reproducing in a different area or in the same area
at a different time; and
(c) Is composed of naturally produced
fish, hatchery produced fish or a combination of both.
(7) Recovery means that a proportion of
the constituent populations of naturally produced native fish belonging to a
listed unit are sufficiently abundant, productive and diverse in life histories
and distribution such that the listed unit as a whole will be self-sustaining
into the foreseeable future.
(8) Self-sustaining means having a
sufficient proportion and distribution of constituent populations that:
(a) Are likely to survive prolonged
periods of habitat, oceanic, climatic and environmental conditions that are
detrimental to a population; and
(b) Have habitat of sufficient quality and
quantity that is likely to provide survival rates adequate to maintain
associated ecological, cultural and economic benefits. [1981 c.317 §2; 2003
c.463 §1]
496.435
Policy to recover and sustain native stocks. Consistent with other provisions of law, it is declared to be a goal
of the people of the State of
496.440
Enhancement program to be conducted by commission; objective. A salmon and trout enhancement program shall
be conducted by the State Fish and Wildlife Commission to benefit all users of
the salmon and trout resources in this state. The program shall be conducted in
such manner as to provide the greatest possible opportunity for citizen
volunteer participation to achieve the goals of the program. [1981 c.317 §4]
496.445
Duties of commission. In
carrying out the salmon and trout enhancement program, the State Fish and
Wildlife Commission shall:
(1) Provide appropriate State Department
of Fish and Wildlife personnel to act as community advisors to cooperatively
develop enhancement projects with citizen volunteers and to cooperatively
evaluate enhancement projects with the citizens responsible for project
implementation.
(2) Provide technical assistance to
citizens responsible for implementation of enhancement projects.
(3) Coordinate the implementation of
enhancement projects with the activities of department staff and other
agencies.
(4) Provide educational and informational
materials to promote public awareness and involvement in the salmon and trout
enhancement program.
(5) Supervise the activities of citizens
developing local brood stock for enhancement projects.
(6) Grant funds to citizens for the
implementation of approved enhancement projects from such moneys as may be
available to the commission therefor.
(7) Develop and implement a remote
hatchbox program as described in ORS 496.458.
(8) Report annually to the Legislative
Assembly on the progress of the salmon and trout enhancement program. [1981
c.317 §5; 1999 c.189 §2]
496.450
Application for project; subjects for projects; conditions for approval. (1) Any citizen or group of citizens may
submit to the State Fish and Wildlife Commission a proposal for a project consistent
with the recovery or sustainability of native stocks to be implemented under
the salmon and trout enhancement program or may submit a request for advice and
assistance in developing such a project.
(2) An enhancement project may include,
but is not limited to, habitat improvement, installation and operation of
streamside incubators, brood stock development, fish stocking and spawning
ground surveys and data collection.
(3) The commission shall approve for
implementation only those enhancement projects based on sound biological
principles and shall use fish stocks most adapted to the project locale. To the
greatest extent practicable, a project must be designed to maximize survival,
adult returns and genetic diversity while minimizing disease.
(4) Conditions for approval by the
commission for implementation of a project include but are not limited to:
(a) Provisions satisfactory to the
commission for inspection and evaluation of the implementation of a project;
and
(b) Provisions satisfactory to the
commission for controlling the expenditure of and accounting for any funds
granted by the commission for implementation of the project. [1981 c.317 §6;
2003 c.463 §3]
496.455
Use of native stocks for projects; conditions. In carrying out any duties, functions or
power under the wildlife laws or the commercial fishing laws, the State Fish
and Wildlife Commission may authorize the taking of native stocks and their
sexual products, but may not provide any such native stocks or the sexual
products therefrom to any person granted a permit by the commission pursuant to
ORS 508.700 to 508.745 unless, at a minimum, sufficient fish are returned to
the donor stream to compensate fully for native smolts which might have
resulted from eggs removed from the donor stock. When entering into a contract
for the taking of native stock with a person granted a permit pursuant to ORS
508.700 to 508.745, the commission shall consider the use of the facilities for
the taking of additional native stock for public management activities,
including the salmon and trout enhancement program. [1981 c.317 §7]
496.458
Remote hatchbox program; rules.
(1) The State Fish and Wildlife Commission shall develop and implement a remote
hatchbox program.
(2) To implement the remote hatchbox program
required under subsection (1) of this section, the commission shall:
(a) Identify sites in tributaries that are
suitable for remote hatchboxes;
(b) Adopt rules necessary to implement the
remote hatchbox program;
(c) Investigate the potential of producing
remote hatchboxes through an inmate work program of the Department of
Corrections; and
(d) Report annually to the Legislative
Assembly on the progress of the remote hatchbox program. The report shall
include but need not be limited to the sites the commission has chosen, a copy
of rules the commission has adopted and findings on the extent to which the
commission is utilizing labor, supplies or services provided by an inmate work
program.
(3) Rules adopted by the commission under
subsection (2) of this section shall:
(a) Ensure that the program is
scientifically sound;
(b) Be consistent with the goals of the
Oregon Plan, as described in ORS 541.405; and
(c) Identify protocols for determining
when the use of remote hatchboxes is an appropriate activity under the Oregon
Plan. [1999 c.189 §4]
496.460
Salmon and Trout Enhancement Program Advisory Committee; members; duties and powers;
travel and expenses. (1) The
Salmon and Trout Enhancement Program Advisory Committee is established as an
advisory committee to the State Fish and Wildlife Commission. The committee
shall be of such size and have such geographical representation as the
commission determines appropriate. Members of the committee shall be appointed
by the Governor.
(2) The committee shall review the
policies of the State Department of Fish and Wildlife and make recommendations
to the State Fish and Wildlife Commission and to the department concerning the
implementation of salmon and trout enhancement projects.
(3) A member of the committee shall
receive no compensation for services as a member. However, subject to any
applicable law regulating travel and other expenses of state officers and
employees, a member shall be reimbursed for actual and necessary travel and
other expenses incurred in the performance of official duties from such moneys
as may be available to the department therefor. [1981 c.317 §8]
496.465
Interference with project prohibited. Except for activities or projects authorized by a unit of municipal,
state or federal government, no person shall disturb, damage, destroy or
interfere with the operation of a salmon and trout enhancement project referred
to in ORS 496.450. [1989 c.940 §2]
ADOPTION OF
PLANS FOR NATURAL PRODUCTION OF ANADROMOUS FISH RUNS
496.470
Natural production of anadromous fish; rules; priorities. (1) The State Fish and Wildlife Commission
shall adopt by rule plans for the natural production of anadromous fish runs in
the basins set forth in subsection (2) of this section. The commission shall
adopt the plans after government-to-government consultation in the forum
established pursuant to
(2) The basins for which plans may be
adopted under subsection (1) of this section are:
(a) Hood;
(b)
(c) Fifteenmile Creek;
(d)
(e) Umatilla;
(f)
(g) Grande Ronde; and
(h) Imnaha.
(3) Of the basins set forth in subsection
(2) of this section, the commission shall give priority to adopting plans for
the Grande Ronde, Imnaha, Umatilla, Walla Walla and Hood basins. [1999 c. 671 §1;
2001 c.97 §1]
Note: 496.470 to 496.480 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
496 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
496.475
Adoption of basin plans. The
plans adopted pursuant to ORS 496.470 shall:
(1) Incorporate sound science;
(2) Be based upon adaptive management,
incorporating monitoring and evaluation and clearly defined objectives and outcomes;
(3) Benefit fish and wildlife;
(4) Be consistent with efforts of the
State of Oregon to recover salmonid populations listed under the federal
Endangered Species Act, 16 U.S.C. 1531 to 1544; and
(5) Include a risk versus benefit analysis
to wild fish. [1999 c.671 §2; 2001 c.97 §2]
Note: See note under 496.470.
496.480
Reports on basin plans. The
State Department of Fish and Wildlife shall report at least once every six
months to the appropriate legislative committee and the Governor on the progress
of the department and the State Fish and Wildlife Commission in implementing
ORS 496.470 and 496.475. [1999 c.671 §3; 2001 c.97 §3]
Note: See note under 496.470.
FISHING
TACKLE COLLECTION, DISPOSAL AND RECYCLING
496.490
Fishing tackle program. (1)
The State Department of Fish and Wildlife shall establish a Keep Oregons
Rivers Clean program for the collection, recycling and proper disposal of
fishing tackle, including monofilament line, fluorocarbon leaders, lines, lead
weights and lures.
(2) The program shall consist of
collection points located at or near established fishing areas and boat ramps.
At each collection point, the department shall work with conservation and
outdoor sports groups to provide a container for collection of tackle and post
permanent signs or other notices that explain the program, the benefits of
proper tackle recycling and disposal and the
(3) The State Department of Fish and
Wildlife may work cooperatively with the State Parks and Recreation Department
to establish a method by which deposited tackle may be collected for recycling
and disposal.
(4) The State Department of Fish and
Wildlife shall include in any statewide sportfishing regulations publication
produced by the department a statement explaining the collection and recycling
program and encouraging nongovernmental organization participation in the
program. [2003 c.188 §1; 2005 c.108 §1]
Note: 496.490 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 496 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
496.505 [Formerly 497.505; 1961 c.343 §1; repealed
by 1973 c.723 §130]
WILDLIFE
COOPERATION; FEDERAL WILDLIFE AID
496.510
Assent to federal wildlife-restoration statute; duty of commission with regard
thereto. The State of Oregon
assents to the Act of Congress entitled, An Act to provide that the United
States shall aid the states in wildlife-restoration projects, and for other
purposes, approved September 2, 1937, Public Law No. 415, 75th Congress (50
Stat. 917, 16 U.S.C.A. 669). The State Fish and Wildlife Commission shall
perform such acts as may be necessary to the conduct and establishment of
cooperative wildlife-restoration projects, as defined in said Act of Congress,
in compliance with said Act and with rules and regulations promulgated by the
Secretary of the Interior thereunder.
496.515 [Amended by 1971 c.658 §9; repealed by 1973
c.723 §130]
496.520 [Repealed by 1973 c.723 §130]
496.525
Federal fish restoration and management aid; powers of commission with regard
thereto. (1) The State of
Oregon assents to the provisions of the Act of Congress entitled, An Act to
provide that the United States shall aid the states in fish restoration and
management projects, and for other purposes, approved August 9, 1950, Public
Law No. 681, 81st Congress (64 Stat. 430, 16 U.S.C.A. 777).
(2) The State Fish and Wildlife Commission
shall perform such acts as may be necessary to the conduct and establishment of
cooperative fish restoration projects, as defined in said Act of Congress, in
compliance with said Act and rules and regulations promulgated thereunder by
the Secretary of the Interior.
MIGRATORY
WATERFOWL STAMP
496.550
Migratory waterfowl stamp; design selection; production of stamps and art
works. (1) The State Fish
and Wildlife Commission shall arrange, by contest or other appropriate means,
for the selection of the design of the annual migratory waterfowl stamp required
by ORS 497.151 and for the production and sale of the stamps.
(2) The commission may produce stamps in
such number as the commission considers appropriate and may make stamps
available for the creation of migratory waterfowl art prints and other related
art works and may arrange for the sale of stamps, prints and art works to
persons desiring to purchase those items. [1983 c.801 §5]
496.555
Contract on migratory waterfowl stamp matters. In carrying out its duties, functions and
powers with regard to the migratory waterfowl stamp, the State Fish and
Wildlife Commission may contract for the performance of those duties, functions
and powers. The contract may include, among other matters, provisions for
advance payment or reimbursement for services performed pursuant to any such
contract. All costs and expenses incurred pursuant to this section shall be
paid from the Migratory Waterfowl Subaccount established under ORS 496.303. [1983
c.801 §4; 2001 c.822 §6]
UPLAND BIRD
STAMP
496.558
Note: 496.558 and 496.562 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
496 by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
496.562
Policy. The purposes of this
section and ORS 496.558, 496.566 and 497.153 are to:
(1) Authorize the State Fish and Wildlife
Commission to issue to hunters an upland bird stamp for a specified fee;
(2) Establish a fund to be financed by the
sale of upland bird stamps and any art works and prints related to the upland
bird stamp for the purposes of promoting the propagation and conservation of
upland birds and acquiring, developing, managing, enhancing, purchasing or
acquiring through lands exchange upland bird habitat; and
(3) Provide the State Fish and Wildlife
Commission with improved data on the location and number of upland bird
hunters. [1989 c.406 §1]
Note: See note under 496.558.
496.566
Contest for stamp design; sale of art works; contracts for stamp matters. (1) The State Fish and Wildlife Commission
shall arrange, by contest or other appropriate means, for the selection of the
design of the annual upland bird stamp authorized by ORS 497.153 and for the
production and sale of the stamps.
(2) The commission may produce stamps in
such number as the commission considers appropriate and may make stamps
available for the creation of upland bird art prints and other related art
works and may arrange for the sale of stamps, prints and art works to persons
desiring to purchase those items.
(3) In carrying out its duties, functions
and powers with regard to the upland bird stamp, the State Fish and Wildlife
Commission may contract for the performance of those duties, functions and
powers. The contract may include, among other matters, provisions for advance
payment or reimbursement for services performed pursuant to any such contract.
All costs and expenses incurred pursuant to this section shall be paid from the
Upland Bird Subaccount established under ORS 496.303. [1989 c.406 §6; 2001
c.822 §7]
496.570 [1989 c.406 §7; 1999 c.667 §1; repealed by
2001 c.822 §11]
WILDLIFE LAW
ENFORCEMENT AND ENFORCEMENT OFFICERS
496.605
Enforcement of wildlife laws by State Fish and Wildlife Director, deputies and
peace officers. The State
Fish and Wildlife Director and any deputies of the director and all other peace
officers of this state or any political subdivision thereof have jurisdiction
of and may enforce any of the provisions of the wildlife laws. [Amended by 1973
c.723 §17]
496.610
State police to enforce wildlife laws; payment of expenses from wildlife fund;
appointment of federal agents.
(1) The Department of State Police shall employ a sufficient number of state
police to enforce the wildlife laws.
(2) The services and expenses of the
Department of State Police incurred in the enforcement of the wildlife laws
shall be paid from the State Wildlife Fund.
(3) The Superintendent of State Police may
appoint special enforcement officers authorized to enforce the wildlife laws.
Individuals so appointed must be special agents of the United States Fish and
Wildlife Service or the National Marine Fisheries Service, and shall serve at
the pleasure of the superintendent without additional compensation. Each such
special enforcement officer shall have all powers and authority of a peace officer
of this state in serving warrants, subpoenas and other legal process in
enforcement of the wildlife laws. [Amended by 1971 c.658 §10; 1973 c.723 §18;
1983 c.364 §4; 2003 c.14 §336]
496.615
Commission employees to supplement state police. The State Fish and Wildlife Commission, with
the approval of the Governor and Superintendent of State Police, may employ
such persons as they deem necessary or expedient for the enforcement of the
wildlife laws. The services and expenses of these persons are payable out of
the State Wildlife Fund. It is the intention of this section and ORS 496.610
that the commission employ only such persons as agreed upon between the
commission, the Governor and the Superintendent of State Police, and that the
duties of wildlife law enforcement, so far as is economical and practicable, be
performed by the Department of State Police. [Amended by 1973 c.723 §19]
496.620
Nonliability of law enforcement officers. No person authorized to enforce the wildlife laws shall suffer any
civil liability for the enforcement or attempted enforcement of any provisions
of the wildlife laws or for the exercise or attempted exercise of any of the
duties or privileges granted to or imposed by law upon the State Fish and
Wildlife Commission or such persons. [Amended by 1971 c.658 §11; 1973 c.723 §20]
496.625 [Amended by 1971 c.658 §12; repealed by 1973
c.723 §130]
496.630
District attorneys to prosecute criminal cases; jurisdiction of courts. (1) Upon information or complaint of the
State Fish and Wildlife Commission or any person authorized to enforce the
wildlife laws, district attorneys shall prosecute every criminal case in which
it appears that there has been a violation of the wildlife laws or any rule
promulgated pursuant thereto.
(2) Unless otherwise specifically
provided, justice courts have concurrent jurisdiction in the first instance
with the circuit court of all wildlife law offenses. [Amended by 1959 c.352 §1;
1959 c.692 §10; 1967 c.523 §6; 1973 c.723 §21; 1999 c.1051 §104]
496.635 [Amended by 1971 c.658 §13; repealed by 1973
c.723 §130]
496.640
Service of process by law enforcement personnel. The persons mentioned in ORS 496.645 have
all powers and rights of a peace officer in serving warrants, subpoenas or
other legal process in the enforcement of the wildlife laws. [Amended by 1971
c.658 §14; 1973 c.723 §22]
496.645
Arrest without warrant of violators; trial. Any person authorized to enforce the wildlife laws may, without
warrant, arrest any person violating any of the wildlife laws, and take the
person before any court having jurisdiction of the offense. The court shall
proceed without delay to hear, try and determine the matter and enter judgment
according to allegations and proofs. [Amended by 1971 c.658 §15; 1973 c.723 §23]
496.650
Issuance of citation to violator. Should any person making an arrest mentioned in ORS 496.645 for the
violation of the wildlife laws desire not to forthwith take the person arrested
before the justice of the peace or judge having jurisdiction or desire not to
immediately take the arrested person into custody, the person making the arrest
may issue a citation to the person arrested. [Amended by 1973 c.723 §24]
496.655 [Repealed by 1973 c.723 §130]
496.660 [Amended by 1971 c.658 §16; 1973 c.723 §26;
repealed by 1991 c.267 §1]
496.665
Issuance of search warrants; places searched; use and disposition of seized
property. (1) Any court
having jurisdiction of the offense, upon receiving proof or probable cause for
believing in the concealment of any wildlife taken, killed or had in
possession, under control, or shipped contrary to the wildlife laws, shall
issue a search warrant and cause a search to be made in any place, and to that
end cause any building, enclosure, car, automobile, boat, apartment, chest,
box, parcel, crate or basket to be opened and the contents examined by any
person authorized to enforce the wildlife laws.
(2) All wildlife, or parts thereof, thus
discovered shall be held by the State Fish and Wildlife Commission as evidence
against any party accused of the crime in connection therewith.
(3) Upon conviction of the parties
accused, such wildlife, or parts thereof, shall be disposed of by the
commission. Any funds arising from the disposal shall become a part of the
State Wildlife Fund. [Amended by 1971 c.658 §17; 1973 c.723 §27]
496.670
Arrests made on Sunday. The
arrests mentioned in ORS 496.645 may be made on Sunday. In this event the
persons arrested shall be taken before any justice of the peace or judge having
jurisdiction, who shall bind over the persons arrested to appear and be
proceeded against as soon as may be on week day following the arrest. [Amended
by 1991 c.267 §2]
496.675
Seizure without warrant by law enforcement personnel. The persons mentioned in ORS 496.645 may at
any time, without warrant, seize and take possession of:
(1) Any wildlife which has been caught,
taken or killed, or had in possession or under control, which have been killed,
had in possession or shipped, at any time, in any manner or for any purpose
contrary to the wildlife laws.
(2) Any guns, boats, fishing or other
apparatus used for the purpose of hunting or fishing, at any time, in any
manner or for any purpose contrary to the wildlife laws. [Amended by 1971 c.658
§18; 1973 c.723 §28]
496.680
Seizure of unlawful devices and unlawfully taken wildlife; forfeiture;
disposition; repayment of administrative costs. (1) All wildlife taken by, or in the
possession of any person in violation of the wildlife laws, and all guns,
boats, traps, fishing apparatus and implements used in angling, hunting or
trapping or taking any wildlife in violation of the wildlife laws may be seized
by any person authorized to enforce the wildlife laws, and may be forfeited.
(2) All wildlife shot by any person while
violating any provision of ORS 164.245 to 164.270 or 498.120 shall be seized by
any person authorized to enforce the wildlife laws and shall be forfeited.
(3) If forfeited, such property shall be
turned over to the State Fish and Wildlife Commission by order of the court at
the time of passing sentence for the violation.
(4) The commission may dispose of such
property in any manner it considers proper, but the clear proceeds derived from
the sale of any seized guns, boats, traps, fishing apparatus or implements
shall be deposited in the Common School Fund. Any wildlife taken in violation
of the wildlife laws may be disposed of forthwith or used for food purposes,
under rules of the commission, to prevent spoilage.
(5) Upon conviction of a person for taking
wildlife while violating any provision of ORS 164.245 to 164.270 or 498.120,
the court shall include in the sentence a requirement that the convicted person
pay to the seizing agency an amount equal to the cost incurred in seizing,
storing and disposing of the seized and forfeited wildlife. [Amended by 1971
c.658 §19; 1973 c.723 §29; 1987 c.858 §6; 1993 c.440 §2; 1999 c.1051 §272]
496.685 [Repealed by 1971 c.743 §432]
496.690
Possession of wildlife as evidence of illegal taking. The fact that any person has any wildlife,
or any part thereof, in possession when it is illegal to take or have same is
prima facie evidence that such person killed such wildlife illegally. [Amended
by 1971 c.658 §20]
496.695
Counseling, aiding or sharing in violation. Any person who counsels, aids or assists in any violation of the
wildlife laws, or shares in any of the proceeds of such violation by receiving
or possessing any wildlife, shall incur the penalties provided for the person
guilty of such violation. [Amended by 1971 c.658 §21; 1973 c.723 §30]
496.700
Investigating violations; summoning witnesses. (1) Where the State Fish and Wildlife
Commission has been furnished information of the violation of any of the
wildlife laws, the commission, or one especially authorized by it, may proceed
to the place where the offense is said to have been committed and summon and
examine under oath witnesses to ascertain the facts and to avoid useless and
frivolous indictments or prosecutions.
(2) Witnesses shall be paid by the
commission from the State Wildlife Fund at the rate of $5 per day and mileage
from their places of residence at the rate of eight cents per mile.
(3) No witness so summoned shall refuse to
attend or testify under this section. [Amended by 1971 c.658 §22; 1973 c.723 §31]
496.705
Damage suits for unlawful killing of wildlife; jurisdiction of courts. (1) The State Fish and Wildlife Commission
may institute suit for the recovery of damages for the unlawful taking or
killing of any of the wildlife referred to in subsection (2) of this section
that are the property of the state.
(2) The damages referred to in subsection
(1) of this section shall be as follows:
(a) Each game mammal other than mountain
sheep, mountain goat, elk or silver gray squirrel, $800.
(b) Each mountain sheep or mountain goat,
$6,800.
(c) Each elk, $1,500.
(d) Each silver gray squirrel, $20.
(e) Each game bird other than wild turkey,
$20.
(f) Each wild turkey, $100.
(g) Each game fish other than salmon,
steelhead trout, halibut or sturgeon, $10.
(h) Each salmon, steelhead trout, halibut
or sturgeon, $250.
(i) Each fur-bearing mammal other than
bobcat or fisher, $100.
(j) Each bobcat or fisher, $700.
(k) Each specimen of any wildlife species
whose survival is specified by the wildlife laws or the laws of the
(L) Each specimen of any wildlife species
otherwise protected by the wildlife laws or the laws of the
(3) In any such action, the court shall
award to the prevailing party, in addition to costs and disbursements,
reasonable attorney fees.
(4) Such civil damages shall be in
addition to other penalties prescribed by the wildlife laws for the unlawful
taking or killing of wildlife.
(5) Any circuit or justice court has
jurisdiction to try any case for the recovery of damages for the unlawful
taking or killing of any of the wildlife as provided by this section. [Amended
by 1961 c.343 §4; 1969 c.302 §1; 1973 c.723 §32; 1981 c.108 §1; 1995 c.658 §106;
2003 c.98 §1]
496.710
Compelling testimony in enforcement proceedings. In any action or proceeding for the
enforcement of any of the provisions of the wildlife laws, or in any
investigation before a grand jury, district attorney or other officer, or any
criminal proceeding, no person shall be excused from testifying concerning any
offense committed by another or by the person on the ground that the testimony
of the person may incriminate the person. However, such testimony shall not be
used against the person in any prosecution for any crime or misdemeanor under
the laws of the state, nor shall the person be subject to any criminal
prosecution or any penalty or forfeiture for or on account of any transaction,
matter or thing concerning which the person has been compelled to testify or to
produce evidence, documentary or otherwise. [Amended by 1971 c.658 §23; 1973
c.723 §33]
496.715
Disposition of fines. (1)
One-half of all fines imposed in justice courts as provided in the wildlife
laws and collected in money shall be credited and distributed under ORS 137.293
and 137.295, to the treasurer of the county in which the action or proceeding
is commenced, as a monetary obligation payable to the county, to be credited to
the general fund of the county. One-half of all fines so imposed and collected
in justice courts shall be credited and distributed under ORS 137.293 and
137.295, as a monetary obligation payable to the state. Fines so imposed and
collected in circuit courts shall be credited and distributed under ORS 137.293
and 137.295, as monetary obligations payable to the state. The district
attorney of the county, upon payment of any judgment, shall satisfy it of
record as attorney for the state.
(2) Payment of fines collected in justice
courts under this section shall be made within the first 20 days of the month
following the month in which collected. [Amended by 1959 c.530 §8; 1961 c.391 §1;
1971 c.186 §5; 1973 c.723 §34; 1981 s.s. c.3 §115; 1983 c.763 §50; 1987 c.905 §25;
1995 c.658 §107]
WILDLIFE LAW
VIOLATOR COMPACT
496.750
Wildlife Law Violator Compact.
The Wildlife Violator Compact is hereby enacted into law and entered into on
behalf of this state with all other states legally joining therein in a form
substantially as follows:
______________________________________________________________________________
ARTICLE I
FINDINGS, DECLARATION OF POLICY AND PURPOSE
(a) The party states find that:
(1) Wildlife resources are managed in
trust by the respective states for the benefit of all residents and visitors.
(2) The protection of their respective
wildlife resources can be materially affected by the degree of compliance with
state statute, law, regulation, ordinance or administrative rule relating to
the management of those resources.
(3) The preservation, protection,
management and restoration of wildlife contributes immeasurably to the
aesthetic, recreational and economic aspects of these natural resources.
(4) Wildlife resources are valuable
without regard to political boundaries, therefore, all persons should be
required to comply with wildlife preservation, protection, management and
restoration laws, ordinances and administrative rules and regulations of all
party states as a condition precedent to the continuance or issuance of any
license to hunt, fish, trap or possess wildlife.
(5) Violation of wildlife laws interferes
with the management of wildlife resources and may endanger the safety of
persons and property.
(6) The mobility of many wildlife law
violators necessitates the maintenance of channels of communications among the
various states.
(7) In most instances, a person who is
cited for a wildlife violation in a state other than the persons home state:
(i) Must post collateral or bond to secure
appearance for a trial at a later date; or
(ii) If unable to post collateral or bond,
is taken into custody until the collateral or bond is posted; or
(iii) Is taken directly to court for an
immediate appearance.
(8) The purpose of the enforcement
practices described in paragraph (7) of this subdivision is to insure
compliance with the terms of a wildlife citation by the person who, if
permitted to continue on the persons way after receiving the citation, could
return to the persons home state and disregard the persons duty under the
terms of the citation.
(9) In most instances, a person receiving
a wildlife citation in the persons home state is permitted to accept the
citation from the officer at the scene of the violation and to immediately
continue on the persons way after agreeing or being instructed to comply with
the terms of the citation.
(10) The practice described in paragraph
(7) of this subdivision causes unnecessary inconvenience and, at times, a
hardship for the person who is unable at the time to post collateral, furnish a
bond, stand trial or pay the fine, and thus is compelled to remain in custody
until some alternative arrangement can be made.
(11) The enforcement practices described
in paragraph (7) of this subdivision consume an undue amount of law enforcement
time.
(b) It is the policy of the party states
to:
(1) Promote compliance with the statutes,
laws, ordinances, regulations and administrative rules relating to management
of wildlife resources in their respective states.
(2) Recognize the suspension of wildlife
license privileges of any person whose license privileges have been suspended
by a party state and treat this suspension as if it had occurred in their
state.
(3) Allow violators to accept a wildlife
citation, except as provided in subdivision (b) of Article III, and proceed on
the violators way without delay whether or not the person is a resident in the
state in which the citation was issued, provided that the violators home state
is party to this compact.
(4) Report to the appropriate party state,
as provided in the compact manual, any conviction recorded against any person
whose home state was not the issuing state.
(5) Allow the home state to recognize and
treat convictions recorded for their residents which occurred in another party
state as if they had occurred in the home state.
(6) Extend cooperation to its fullest
extent among the party states for obtaining compliance with the terms of a
wildlife citation issued in one party state to a resident of another party
state.
(7) Maximize effective use of law
enforcement personnel and information.
(8) Assist court systems in the efficient
disposition of wildlife violations.
(c) The purpose of this compact is to:
(1) Provide a means through which the
party states may participate in a reciprocal program to effectuate policies
enumerated in subdivision (b) of this Article in a uniform and orderly manner.
(2) Provide for the fair and impartial
treatment of wildlife violators operating within party states in recognition of
the persons right of due process and the sovereign status of a party state.
ARTICLE II
DEFINITIONS
As used in this compact, unless the
context requires otherwise:
(a) Citation means any summons,
complaint, ticket, penalty assessment or other official document issued by a
wildlife officer or other peace officer for a wildlife violation containing an
order which requires the person to respond.
(b) Collateral means any cash or other
security deposited to secure an appearance for trial, in connection with the
issuance by a wildlife officer or other peace officer of a citation for a
wildlife violation.
(c) Compliance with respect to a
citation means the act of answering the citation through appearance at a court,
a tribunal or payment of fines, costs and surcharges, if any, or both such
appearance and payment.
(d) Conviction means a conviction,
including any court conviction, of any offense related to the preservation,
protection, management or restoration of wildlife which is prohibited by state
statute, law, regulation, ordinance or administrative rule, or a forfeiture of
bail, bond or other security deposited to secure appearance by a person charged
with having committed any such offense, or payment of a penalty assessment, or
a plea of nolo contendere, or the imposition of a deferred or suspended
sentence by the court.
(e) Court means a court of law,
including Magistrates Court and
(f) Home state means the state of
primary residence of a person.
(g) Issuing state means the party state
which issues a wildlife citation to the violator.
(h) License means any license, permit or
other public document which conveys to the person to whom it was issued the
privilege of pursuing, possessing or taking any wildlife regulated by statute,
law, regulation, ordinance or administrative rule of a party state.
(i) Licensing authority means the
department or division within each party state which is authorized by law to
issue or approve licenses or permits to hunt, fish, trap, or possess wildlife.
(j) Party state means any state which
enacts legislation to become a member of this Wildlife Compact.
(k) Personal recognizance means an
agreement by a person made at the time of issuance of the wildlife citation
that the person will comply with the terms of that citation.
(L) State means any state, territory or
possession of the
(m) Suspension means any revocation,
denial or withdrawal of any or all license privileges, including the privilege
to apply for, purchase or exercise the benefits conferred by any license.
(n) Terms of the citation means those
conditions and options expressly stated upon the citation.
(o) Wildlife means all species of
animals, including but not necessarily limited to mammals, birds, fish,
reptiles, amphibians, mollusks and crustaceans, which are defined as wildlife
and are protected or otherwise regulated by statute, law, regulation, ordinance
or administrative rule in a party state. Species included in the definition of wildlife
vary from state to state and determination of whether a species is wildlife
for the purposes of this compact shall be based on local law.
(p) Wildlife law means any statute, law,
regulation, ordinance or administrative rule developed and enacted to manage
wildlife resources and the use thereof.
(q) Wildlife officer means any
individual authorized by a party state to issue a citation for a wildlife
violation.
(r) Wildlife violation means any cited
violation of a statute, law, regulation, ordinance or administrative rule
developed and enacted to manage wildlife resources and the use thereof.
ARTICLE III
PROCEDURES FOR ISSUING STATE
(a) When issuing a citation for a wildlife
violation, a wildlife officer shall issue a citation to any person whose
primary residence is in a party state in the same manner as if the person were
a resident of the home state and shall not require the person to post
collateral to secure appearance, subject to the exceptions contained in
subdivision (b) of this Article, if the officer receives the persons personal
recognizance that the person will comply with the terms of the citation.
(b) Personal recognizance is acceptable:
(1) If not prohibited by local law or the
compact manual; and
(2) If the violator provides adequate
proof of the violators identification to the wildlife officer.
(c) Upon conviction or failure of a person
to comply with the terms of a wildlife citation, the appropriate official shall
report the conviction or failure to comply to the licensing authority of the
party state in which the wildlife citation was issued. The report shall be made
in accordance with procedures specified by the issuing state and shall contain
the information specified in the compact manual as minimum requirements for
effective processing by the home state.
(d) Upon receipt of the report of
conviction or noncompliance required by subdivision (c) of this Article, the
licensing authority of the issuing state shall transmit to the licensing
authority in the home state of the violator the information in a form and
content as contained in the compact manual.
ARTICLE IV
(a) Upon receipt of a report of failure to
comply with the terms of a citation from the licensing authority of the issuing
state, the licensing authority of the home state shall notify the violator,
shall initiate a suspension action in accordance with the home states
suspension procedures and shall suspend the violators license privileges until
satisfactory evidence of compliance with the terms of the wildlife citation has
been furnished by the issuing state to the home state licensing authority. Due
process safeguards will be accorded.
(b) Upon receipt of a report of conviction
from the licensing authority of the issuing state, the licensing authority of
the home state shall enter such conviction in its records and shall treat such
conviction as if it occurred in the home state for the purposes of the suspension
of license privileges.
(c) The licensing authority of the home
state shall maintain a record of actions taken and make reports to issuing
states as provided in the compact manual.
ARTICLE V
RECIPROCAL RECOGNITION OF SUSPENSION
All party states shall recognize the
suspension of license privileges of any person by any state as if the violation
on which the suspension is based had in fact occurred in their state and could
have been the basis for suspension of license privileges in their state.
ARTICLE VI
APPLICABILITY OF OTHER LAWS
Except as expressly required by provisions
of this compact, nothing herein shall be construed to affect the right of any
party state to apply any of its laws relating to license privileges to any
person or circumstance, or to invalidate or prevent any agreement or other
cooperative arrangements between a party state and a nonparty state concerning
wildlife law enforcement.
ARTICLE VII
COMPACT ADMINISTRATOR PROCEDURES
(a) For the purpose of administering the
provisions of this compact and to serve as a governing body for the resolution
of all matters relating to the operation of this compact, a board of compact
administrators is established. The board shall be composed of one
representative from each of the party states to be known as the compact
administrator. The compact administrator shall be appointed by the head of the
licensing authority of each party state and will serve and be subject to
removal in accordance with the laws of the state the administrator represents.
A compact administrator may provide for the discharge of the administrators
duties and the performance of the administrators functions as a board member
by an alternate. An alternate may not be entitled to serve unless written
notification of the alternates identity has been given to the board.
(b) Each member of the board of compact
administrators shall be entitled to one vote. No action of the board shall be
binding unless taken at a meeting at which a majority of the total number of
votes on the board are cast in favor thereof. Action by the board shall be only
at a meeting at which a majority of the party states are represented.
(c) The board shall elect annually, from
its membership, a chairperson and vice-chairperson.
(d) The board shall adopt bylaws, not
inconsistent with the provisions of this compact or the laws of a party state,
for the conduct of its business and shall have the power to amend and rescind
its bylaws.
(e) The board may accept for any of its
purposes and functions under this compact all donations and grants of money,
equipment, supplies, materials and services, conditional or otherwise, from any
state, the United States or any governmental agency, and may receive, utilize
and dispose of the same.
(f) The board may contract with or accept
services or personnel from any governmental or intergovernmental agency,
individual, firm, corporation or any private nonprofit organization or
institution.
(g) The board shall formulate all
necessary procedures and develop uniform forms and documents for administering
the provisions of this compact. All procedures and forms adopted pursuant to
board action shall be contained in the compact manual.
ARTICLE VIII
ENTRY INTO COMPACT AND WITHDRAWAL
(a) This compact shall become effective
when it has been adopted by at least two states.
(b) (1) Entry into the compact shall be
made by resolution of ratification executed by the authorized officials of the
applying state and submitted to the chairperson of the board.
(2) The resolution shall be in a form and
content as provided in the compact manual and shall include statements that in
substance are as follows:
(i) A citation of the authority by which
the state is empowered to become a party to this compact;
(ii) Agreement to comply with the terms and
provisions of the compact; and
(iii) That compact entry is with all
states then party to the compact and with any state that legally becomes a
party to the compact.
(3) The effective date of entry shall be
specified by the applying state, but shall not be less than 60 days after
notice has been given by the chairperson of the board of the compact
administrators or by the secretariat of the board to each party state that the
resolution from the applying state has been received.
(c) A party state may withdraw from this
compact by official written notice to the other party states, but a withdrawal
shall not take effect until 90 days after notice of withdrawal is given. The
notice shall be directed to the compact administrator of each member state. No
withdrawal shall affect the validity of this compact as to the remaining party
states.
ARTICLE IX
AMENDMENTS TO THE COMPACT
(a) This compact may be amended from time
to time. Amendments shall be presented in resolution form to the chairperson of
the board of compact administrators and may be initiated by one or more party
states.
(b) Adoption of an amendment shall require
endorsement by all party states and shall become effective 30 days after the
date of the last endorsement.
(c) Failure of a party state to respond to
the compact chairman within 120 days after receipt of the proposed amendment
shall constitute endorsement.
ARTICLE X
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed
so as to effectuate the purposes stated herein. The provisions of this compact
shall be severable and if any phrase, clause, sentence or provision of this
compact is declared to be contrary to the constitution of any party state or of
the United States or the applicability thereof to any government, agency,
individual, or circumstance is held invalid, the compact shall not be affected
thereby. If this compact shall be held contrary to the constitution of any
party state thereto, the compact shall remain in full force and effect as to
the remaining states and in full force and effect as to the state affected as
to all severable matters.
ARTICLE XI
TITLE
This compact shall be known as the
Wildlife Violator Compact.
______________________________________________________________________________
[1989 c.1056 §2]
PERMIT FOR
WATER FOR HYDROELECTRIC PURPOSES
496.815
Definitions for ORS 496.815 to 496.825. As used in ORS 496.815 to 496.825:
(1) Department means the State
Department of Fish and Wildlife.
(2) Director means the State Fish and
Wildlife Director.
(3) Person means an individual,
corporation, association, firm, partnership, joint stock company, municipal
corporations and all other political subdivisions of the State of
496.820
Permit or license fee. (1)
Any person applying for a permit to appropriate water for hydroelectric
purposes under ORS 537.150 to 537.252 or any person applying for a preliminary
permit or license under ORS 543.010 to 543.610 shall pay an administration fee
of $350 to the State Department of Fish and Wildlife.
(2) If a person pays the administration
fee under subsection (1) of this section at the time the person applies for a
preliminary permit under ORS 543.210, the person shall not also be required to
pay the fee when applying for a license for the same project under ORS 543.010
to 543.610. [1985 c.674 §2]
496.825
Application fee; exception.
(1) In addition to any other fee required by law, at the time the person
applies to the Water Resources Department for a license to operate a
hydroelectric project under ORS 543.010 to 543.610 or for a permit to
appropriate water for hydroelectric purposes under ORS 537.150 to 537.230, the
person shall pay to the State Fish and Wildlife Director an application fee the
amount of which shall be the greater of:
(a) $1,000; or
(b) Thirty-five cents for each kilowatt of
proposed capacity of the project.
(2) The director shall postpone the
payment of the fee under subsection (1) of this section for a permit to
appropriate water under ORS 537.150 to 537.230 until the person submits final
plans and specifications for the project to the Water Resources Department
under ORS 537.150.
(3) Subsection (1) of this section shall
not apply to any applicant for a permit or license for a project producing 100
theoretical horsepower or less. [1985 c.674 §3]
496.830
Penalty fee. A person who
fails to pay the fee required under section 4, chapter 674, Oregon Laws 1985,
or the assessment under section 5, chapter 674, Oregon Laws 1985, or ORS
543.265 on the due date shall pay in addition to the assessed amount due, a
penalty in the amount of one percent of the fee per month for the period that
the fee is past due. The State Fish and Wildlife Director may bring an action
to collect an unpaid fee or assessment in the name of the State of
496.835
(2) The fund created by subsection (1) of
this section shall consist of all moneys received under sections 4 and 5,
chapter 674, Oregon Laws 1985, ORS 496.820 and 496.825 and moneys transferred
from the Water Resources Department Hydroelectric Fund as provided in ORS
536.015.
(3) Moneys in the fund may be invested as
provided in ORS 293.701 to 293.820. Interest from any source derived from the
investment of the moneys of the fund shall be credited to the fund. [1985 c.674
§8; 1991 c.869 §3]
496.905 [1967 c.604 §1; 1969 c.59 §1; 1971 c.388 §3;
1973 c.723 §35; 1979 c.477 §11; renumbered 153.710]
496.910 [1967 c.604 §2; 1973 c.723 §36; 1979 c.477 §12;
renumbered 153.705]
496.915 [1967 c.604 §3; 1973 c.723 §37; renumbered
153.715]
496.920 [1967 c.604 §4; 1973 c.723 §38; 1979 c.477 §13;
renumbered 153.720]
496.925 [1967 c.604 §5; renumbered 153.725]
496.927 [1977 c.350 §2; 1979 c.477 §14; renumbered
153.730]
496.930 [1967 c.604 §6; renumbered 153.745]
496.935 [1967 c.604 §7; renumbered 153.750]
496.940 [1967 c.604 §8; renumbered 153.755]
496.945 [1967 c.604 §9; renumbered 153.760]
496.950 [1967 c.604 §10; renumbered 153.765]
PENALTIES
496.951
Base fines for wildlife law violations. (1) The base fine amount for a violation of wildlife laws or rules as
described in ORS 496.992 (2) that is required in violation proceedings under
ORS chapter 153 shall be as follows:
(a) Violations that do not involve the
taking of wildlife, except for violations of the nonresident licensing
provisions of ORS 497.102 and 497.121 and the provisions of ORS 496.994, $75.
(b) Violations that involve the taking of
nongame mammals or game birds, and size or quantity limits for fish and
shellfish, except salmon, steelhead trout and sturgeon, $150.
(c) Violations that involve the taking of
salmon, steelhead trout, sturgeon, wildlife not otherwise provided for and all
other wildlife offenses, $299.
(2) The base fine amount established under
subsection (1) of this section includes the unitary assessment required under
ORS 137.290 and the county assessment required under ORS 137.309.
(3) A court may not establish a base fine
amount for a violation of an offense described in subsection (1) of this
section other than the amount listed in this section. [1995 c.545 §4; 1997 c.19
§1; 1999 c.1051 §105]
496.990 [Amended by 1967 c.523 §1; repealed by 1973
c.723 §130]
496.992
Penalties. (1) Except as
otherwise provided by ORS 153.022 and other law, violation of any provision of
the wildlife laws, or any rule promulgated pursuant thereto, is a Class A
misdemeanor when the offense is committed with a culpable mental state as
defined in ORS 161.085. If the defendant is sentenced to pay a fine, failure to
pay the fine, or any portion thereof, shall be treated as provided in ORS
161.685.
(2) Except as otherwise provided by ORS
153.022 and other law, violation of any provision of the wildlife laws or any
rule promulgated pursuant thereto is punishable as a Class A violation in the
manner prescribed in ORS chapter 153 when the offense is committed with no
culpable mental state as defined in ORS 161.085.
(3) The second and each subsequent
conviction within a 10-year period for the taking of game fish with a total
value of $200 or more or the taking of antelope, black bear, cougar, deer, elk,
moose, mountain goat or mountain sheep in violation of the wildlife laws or any
rule promulgated pursuant thereto which occurs more than one hour prior to or
more than one hour subsequent to a season established for the lawful taking of
such game mammals or game fish is a Class C felony when the offense is
committed with a culpable mental state as defined in ORS 161.085. [1973 c.723 §39;
1975 c.578 §3; 1977 c.350 §3; 1977 c.353 §1; 1983 c.364 §1; 1985 c.372 §1; 1995
c.545 §5; 1999 c.1051 §106]
496.994
Obstructing the taking of wildlife prohibited. (1) A person commits the offense of
obstructing the taking of wildlife if the person, having no right to do so,
interferes with the lawful taking, or the process of taking, of wildlife by
another with the intent to prevent the taking.
(2) Obstructing the taking of wildlife is
a Class A misdemeanor. [1987 c.473 §2; 1989 c.171 §67; 1995 c.468 §1]
496.996
Attempts to take wildlife decoy as unlawful wildlife taking. (1) A person commits the crime of unlawful
taking of wildlife if:
(a) The person discharges a firearm or
other hunting device, traps, or acts toward a wildlife decoy in any manner
consistent with an unlawful taking of wildlife; and
(b) The wildlife decoy is under the
control of law enforcement officials.
(2) As used in this section, wildlife
decoy means any simulation or replication of wildlife, in whole or in part,
used by law enforcement officials for purposes of enforcing state wildlife
laws. [1995 c.125 §2]
_______________
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