US Laws, Codes, Statutes & Cases

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     “Upland bird” defined

 

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     Oregon Fish and Wildlife Hydroelectric Fund

 

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 Oregon that wildlife shall be managed to prevent serious depletion of any indigenous species and to provide the optimum recreational and aesthetic benefits for present and future generations of the citizens of this state. In furtherance of this policy, the State Fish and Wildlife Commission shall represent the public interest of the State of Oregon and implement the following coequal goals of wildlife management:

      (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 person’s 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 person’s 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 United States shows the person to be at least 65 percent disabled. [1999 c.25 §2; 2001 c.571 §1; 2005 c.471 §12; 2007 c.587 §1]

 

      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 Cascade Mountains.

      (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 member’s 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 United States to consider problems of mutual interest.

      (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]