US Laws, Codes, Statutes & Cases

Chapter 498 — Hunting, Angling and Trapping Regulations;

Miscellaneous Wildlife Protective Measures

 

2007 EDITION

 

HUNTING, ANGLING AND WILDLIFE REGULATIONS

 

WILDLIFE

 

GENERAL PROTECTIVE PROVISIONS

 

498.002     Wildlife as state property; taking, angling, hunting or trapping in violation of wildlife law or rules prohibited

 

498.006     Chasing or harassing wildlife prohibited

 

498.012     Taking wildlife causing damage, posing public health risk or that is public nuisance

 

498.016     Taking crippled or helpless wildlife

 

498.019     Purchase, sale or exchange of hides, antlers and other parts of deer, elk and antelope; records required

 

498.022     Purchase, sale or exchange of wildlife prohibited

 

498.026     Transaction in threatened or endangered wildlife species prohibited

 

498.029     Purchase, sale or exchange of fox, skunk or raccoon prohibited; exceptions

 

498.032     Angling or hunting for compensation in violation of wildlife laws or rules prohibited

 

498.036     Possession in field of skinned or plucked wildlife prohibited

 

498.042     Removal of parts of wildlife and waste of wildlife prohibited

 

498.046     Making toxic substances accessible to wildlife prohibited

 

498.052     Releasing domestically raised or imported wildlife without permit prohibited

 

498.056     Aiming rifle from moving motor vehicle prohibited

 

HUNTING AND TRAPPING RESTRICTIONS

 

498.102     Use of dogs to hunt or track game mammals or birds

 

498.106     Competitive field trials for hunting dogs

 

498.112     Use of live birds for competitive shooting prohibited

 

498.120     Hunting on another’s cultivated or enclosed land

 

498.126     Hunting or assisting others to hunt or locate game animals or birds by aircraft prohibited; exemption; rules

 

498.136     Hunting from motor-propelled vehicle restricted; rules

 

498.142     Hunting with artificial light restricted; rules

 

498.146     Shining artificial light on game mammal, predatory animal or livestock while in or near motor vehicle and while in possession of weapon restricted

 

498.152     Agreements restricting parking or use of motor vehicles on certain lands

 

498.153     Parking vehicle in violation of restrictions; vehicle owner subject to penalty; defense

 

498.154     Notice adequate to charge defendant; delivery or posting; jurisdiction

 

498.155     Failure to appear; issuance of warrant

 

498.158     Hunting or trapping wildlife in certain governmental districts restricted

 

498.164     Use of dogs or bait to hunt black bears or cougars; prohibitions; exemptions; penalties; rules

 

498.166     Bears or cougars posing threat to human safety

 

498.170     Hunters who have a visual impairment

 

498.172     Trap check requirements

 

ANGLING RESTRICTIONS; FISH PROTECTIVE PROVISIONS

 

498.208     Use of electricity or foreign substances to take game fish prohibited; rules

 

498.216     Angling from fishways restricted; rules

 

498.222     Transportation or release of fish without permit prohibited

 

498.228     Possession of fish taken outside state restricted

 

498.234     Protection of finfish and shellfish from introduction of disease; rules; exceptions; rules

 

498.242     Possession of walking catfish and piranha restricted

 

498.247     Protection of juvenile salmonids from cormorants

 

ANGLING CONTESTS

 

498.279     Black bass and walleye angling contests; rules

 

498.286     Prize limitation

 

SCREENING AND BY-PASS DEVICES FOR WATER DIVERSIONS OR OBSTRUCTIONS

 

498.301     Policy

 

498.306     Screening or by-pass devices for water diversions; fees; costs

 

498.316     Exemption from screening or by-pass devices

 

498.321     Screening or by-pass standards

 

498.326     Department guidelines for screening and by-pass projects; expenditure of funds

 

498.336     Statutes not construed to limit ability to acquire funding for screening or by-pass devices

 

498.341     Additional funding

 

498.346     Injunction to require compliance with screening or by-pass requirements

 

OUTDOOR CLUB REGULATION

 

498.400     Definitions for ORS 498.400 to 498.464

 

498.406     License to operate certain outdoor clubs required; promotional activities for sale of membership without license prohibited

 

498.412     Application of ORS 498.406

 

498.418     License application; form; fee

 

498.424     Report to commission required; suspension of license pending investigation of reported information

 

498.432     Notice to applicant upon receipt of license application; order granting or denying license; procedure

 

498.438     Investigatory power of commission over outdoor clubs required to be licensed

 

498.444     Information developed in licensing process as public record

 

498.452     Grounds for denial or revocation of license

 

498.458     Term of license; renewal fee

 

498.464     Commission authority to restrain violations of outdoor club laws

 

PENALTIES

 

498.993     Penalty for violation of outdoor club laws

 

GENERAL PROTECTIVE PROVISIONS

 

      498.002 Wildlife as state property; taking, angling, hunting or trapping in violation of wildlife law or rules prohibited. (1) Wildlife is the property of the state. No person shall angle for, take, hunt, trap or possess, or assist another in angling for, taking, hunting, trapping or possessing any wildlife in violation of the wildlife laws or of any rule promulgated pursuant thereto.

      (2) No person shall angle for, take, hunt or trap, or assist another in angling for, taking, hunting or trapping any wildlife while intentionally violating ORS 164.245 to 164.270 or 498.120. [1973 c.723 §73; 1993 c.440 §1; 2003 c.656 §10]

 

      498.005 [Amended by 1971 c.658 §26; repealed by 1973 c.723 §130]

 

      498.006 Chasing or harassing wildlife prohibited. Except as the State Fish and Wildlife Commission by rule may provide otherwise, no person shall chase, harass, molest, worry or disturb any wildlife except while engaged in lawfully angling for, taking, hunting or trapping such wildlife. [1973 c.723 §74; 2003 c.656 §11]

 

      498.010 [Repealed by 1957 c.249 §1]

 

      498.012 Taking wildlife causing damage, posing public health risk or that is public nuisance. (1) Nothing in the wildlife laws is intended to prevent any person from taking any wildlife that is causing damage, is a public nuisance or poses a public health risk on land that the person owns or lawfully occupies. However, no person shall take, pursuant to this subsection, at a time or under circumstances when such taking is prohibited by the State Fish and Wildlife Commission, any game mammal or game bird, fur-bearing mammal or nongame wildlife species, unless the person first obtains a permit for such taking from the commission.

      (2)(a) Nothing in subsection (1) of this section requires a permit for the taking of cougar, bobcat, red fox or bear pursuant to that subsection. However, any person who takes a cougar, bobcat, red fox or bear must have in possession written authority therefor from the landowner or lawful occupant of the land that complies with subsection (4) of this section.

      (b) Nothing in subsection (1) of this section requires the commission to issue a permit for the taking of any wildlife species for which a U. S. Fish and Wildlife Service permit is required pursuant to the Migratory Bird Treaty Act (16 U.S.C. §§703 to 711), as amended.

      (3) Any person who takes, pursuant to subsection (1) of this section, any cougar, bobcat, red fox, bear, game mammal, game bird, fur-bearing mammal or wildlife species whose survival the commission determines is endangered shall immediately report the taking to a person authorized to enforce the wildlife laws, and shall dispose of the wildlife in such manner as the commission directs. In determining procedures for disposal of bear and cougar, the commission shall direct the State Department of Fish and Wildlife to first offer the animal to the landowner incurring the damage.

      (4) The written authority from the landowner or lawful occupant of the land required by subsection (2) of this section for the taking of cougar, bobcat, red fox or bear must set forth all of the following:

      (a) The date of issuance of the authorization;

      (b) The name, address, telephone number and signature of the person granting the authorization;

      (c) The name, address and telephone number of the person to whom the authorization is granted;

      (d) The wildlife damage control activities to be conducted, whether for bear, cougar, red fox or bobcat; and

      (e) The expiration date of the authorization, which shall be not later than one year from the date of issuance of the authorization.

      (5) Any regional office of the State Department of Fish and Wildlife ordering the disposal of an animal under subsection (3) of this section shall file a report with the State Fish and Wildlife Director within 30 days after the disposal. The report shall include but need not be limited to the loss incurred, the financial impact and the disposition of the animal. The director shall compile all reports received under this subsection on a bimonthly basis. The reports compiled by the director shall be available to the public upon request.

      (6) As used in this section:

      (a) “Damage” means loss of or harm inflicted on land, livestock or agricultural or forest crops.

      (b) “Nongame wildlife” has the meaning given that term in ORS 496.375.

      (c) “Public nuisance” means loss of or harm inflicted on gardens, ornamental plants, ornamental trees, pets, vehicles, boats, structures or other personal property. [1973 c.723 §75; 1977 c.136 §2; 1979 c.399 §3; 1985 c.332 §1; 1985 c.489 §1a; 1999 c.531 §1; 2003 c.248 §1]

 

      498.015 [Amended by 1959 c.529 §1; repealed by 1973 c.723 §130]

 

      498.016 Taking crippled or helpless wildlife. Nothing in the wildlife laws is intended to prohibit any person from killing any crippled or helpless wildlife when the killing is done for a humane purpose. Any person so killing any wildlife shall immediately report such killing to a person authorized to enforce the wildlife laws, and shall dispose of the wildlife in such manner as the State Fish and Wildlife Commission directs. [1973 c.723 §76]

 

      498.019 Purchase, sale or exchange of hides, antlers and other parts of deer, elk and antelope; records required. (1) If the State Fish and Wildlife Commission, pursuant to its authority under ORS 498.022, establishes a license for the purchase of deer, elk and antelope hides and antlers, any person holding such license shall also be authorized to purchase, sell or exchange, or offer to purchase, sell or exchange, the hooves, dewclaws and sinews of deer, elk and antelope.

      (2) A licensee under subsection (1) of this section shall maintain a record of transactions involving specimens of deer, elk or antelope. The record shall be in such form and contain such information as the commission, by rule, prescribes to accurately indicate the date, type and number of specimens received and the name and address of the person with whom such transaction was made. [1995 c.711 §2]

 

      498.020 [Amended by 1959 c.529 §2; repealed by 1973 c.723 §130]

 

      498.022 Purchase, sale or exchange of wildlife prohibited. Except as the State Fish and Wildlife Commission by rule may provide otherwise, no person shall purchase, sell or exchange, or offer to purchase, sell or exchange any wildlife, or any part thereof. [1973 c.723 §77]

 

      498.025 [Amended by 1961 c.276 §1; renumbered 498.820]

 

      498.026 Transaction in threatened or endangered wildlife species prohibited. (1) Except as provided in subsection (2) of this section, no person shall take, import, export, transport, purchase or sell, or attempt to take, import, export, transport, purchase or sell, any threatened species or endangered species, or the skin, hides or other parts thereof, or any article made in whole or in part from the skin, hide or other parts of any threatened species or endangered species.

      (2) Nothing in subsection (1) of this section is intended to prevent the taking, importation, transportation or sale of any threatened species or endangered species in such manner as may be authorized in ORS 496.172, 497.218 to 497.238, 497.298 or 497.308.

      (3) Nothing in this section applies to the resale of used skins, hides or other parts of a threatened species or endangered species or an article made in whole or part thereof if the seller acquired the item sold prior to October 5, 1973. [1973 c.425 §2; 1977 c.242 §1; 1987 c.686 §6]

 

      498.027 [Repealed by 1973 c.723 §130]

 

      498.028 [1955 c.506 §1; 1961 c.143 §1; repealed by 1973 c.723 §130]

 

      498.029 Purchase, sale or exchange of fox, skunk or raccoon prohibited; exceptions. (1) No person shall offer for sale, trade, barter or exchange as a household pet any fox, skunk or raccoon.

      (2) An animal specified in subsection (1) of this section may be offered for sale, trade, barter or exchange to a public park, zoo, museum or educational institution for educational, medical, scientific or exhibition purposes if the organization possesses a permit from the State Fish and Wildlife Commission. The commission may refuse to issue a permit if the commission finds that the organization requesting the permit does not have physical facilities adequate to maintain the animal in health and safety and to prevent the escape of the animal from confinement. [1979 c.560 §2]

 

      498.030 [Amended by 1971 c.658 §27; repealed by 1973 c.723 §130]

 

      498.032 Angling or hunting for compensation in violation of wildlife laws or rules prohibited. No person shall angle for or hunt, or offer to angle for or hunt, for compensation, any wildlife in violation of any provision of the wildlife laws or any rule promulgated pursuant thereto. [1973 c.723 §78]

 

      498.035 [Repealed by 1959 c.352 §5]

 

      498.036 Possession in field of skinned or plucked wildlife prohibited. Except as the State Fish and Wildlife Commission by rule may provide otherwise, no person shall possess in the field or forest, or in transit from the field or forest, the carcass of any wildlife that has been skinned, plucked or mutilated in any manner so that the sex, size or species of the wildlife cannot be determined. [1973 c.723 §79]

 

      498.040 [Repealed by 1959 c.352 §5]

 

      498.041 [1965 c.507 §§2,3,4; repealed by 1973 c.723 §130]

 

      498.042 Removal of parts of wildlife and waste of wildlife prohibited. (1) No person shall remove from the carcass of any game mammal or game bird, the head, antlers, horns, hide or plumage, and utilize only those parts so removed, except:

      (a) When engaged in lawful trapping activities.

      (b) When utilizing those game mammals or game birds that the State Fish and Wildlife Commission by rule declares to be inedible.

      (2) No person shall waste any edible portion of any game mammal, game bird or game fish or the pelt of any fur-bearing mammal. [1973 c.723 §80]

 

      498.045 [Repealed by 1973 c.723 §130]

 

      498.046 Making toxic substances accessible to wildlife prohibited. No person shall place any toxic substance where it is accessible to wildlife unless the substance used and the method of application is approved by the state governmental agencies having authority to prescribe or implement environmental control programs. [1973 c.723 §81]

 

      498.050 [Amended by 1965 c.507 §5; repealed by 1973 c.723 §130]

 

      498.052 Releasing domestically raised or imported wildlife without permit prohibited. No person shall release within this state any domestically raised wildlife or wildlife brought to this state from any place outside this state unless the person first obtains a permit therefor from the State Fish and Wildlife Commission. [1973 c.723 §82]

 

      498.055 [Repealed by 1973 c.723 §130]

 

      498.056 Aiming rifle from moving motor vehicle prohibited. No person who is the occupant of a motor vehicle that is moving on a road open to the public shall aim a rifle or other firearm from the motor vehicle at a time when the hunting of wildlife is lawful. [1993 c.440 §4]

 

      498.060 [Amended by 1961 c.269 §1; repealed by 1969 c.60 §1]

 

      498.065 [Amended by 1953 c.196 §2; 1961 c.269 §2; repealed by 1969 c.60 §1]

 

      498.070 [Repealed by 1969 c.60 §1]

 

      498.075 [Repealed by 1969 c.60 §1]

 

      498.080 [Repealed by 1969 c.60 §1]

 

      498.085 [Repealed by 1973 c.723 §130]

 

      498.090 [Repealed by 1955 c.162 §1]

 

      498.095 [Amended by 1967 c.166 §2; 1971 c.517 §2; repealed by 1973 c.723 §130]

 

      498.100 [Amended by 1967 c.523 §12; 1967 c.594 §4; repealed by 1973 c.723 §130]

 

HUNTING AND TRAPPING RESTRICTIONS

 

      498.102 Use of dogs to hunt or track game mammals or birds. (1) Any dog that is not wearing a collar with a license number thereon in compliance with ORS 609.100 that is found unlawfully hunting, running or tracking any game mammal or game bird may be killed at such time by any person authorized to enforce the wildlife laws.

      (2) If a dog that is found unlawfully hunting, running or tracking any game mammal or game bird is wearing a collar with a license number thereon in compliance with ORS 609.100, the owner of the dog shall be notified by any person authorized to enforce the wildlife laws. If the owner or reputed owner of the dog disclaims ownership of the dog, the dog may be killed at such time by a person authorized to enforce the wildlife laws.

      (3) If the owner of a dog has been notified that the dog has been found unlawfully hunting, running or tracking game mammals or game birds and thereafter fails to prevent the dog from unlawfully hunting, running or tracking game mammals or game birds, such dog may be killed by any person authorized to enforce the wildlife laws.

      (4) No person shall permit any dog the person owns to unlawfully hunt, run or track any game mammal or game bird. [1973 c.723 §84]

 

      498.105 [Repealed by 1973 c.723 §130]

 

      498.106 Competitive field trials for hunting dogs. Competitive field trials for hunting dogs may be held at such times and places and under such conditions as the State Fish and Wildlife Commission may prescribe by rule. [1973 c.723 §85]

 

      498.110 [Amended by 1953 c.157 §2; repealed by 1973 c.723 §130]

 

      498.112 Use of live birds for competitive shooting prohibited. No person shall use any live bird as a target for the purpose of competitive shooting. [1973 c.723 §86]

 

      498.115 [Amended by 1953 c.178 §2; repealed by 1973 c.723 §130]

 

      498.120 Hunting on another’s cultivated or enclosed land. (1) No person shall hunt upon the cultivated or enclosed land of another without first obtaining permission from the owner or lawful occupant thereof, or the agent of such owner or occupant. No prosecution shall be commenced under this section except upon written complaint filed with a magistrate. The complaint shall be verified by the oath of the owner or lawful occupant of the cultivated or enclosed land, or the agent of such owner or occupant.

      (2) For the purpose of subsection (1) of this section, the boundaries of “enclosed” land may be indicated by wire, ditch, hedge, fence, water or by any visible or distinctive lines that indicate a separation from the surrounding or contiguous territory, and includes the established and posted boundaries of Indian reservations established by treaties of the United States and the various Indian tribes. [Amended by 1959 c.318 §1; 1971 c.580 §1; 1973 c.723 §83]

 

      498.125 [Repealed by 1973 c.723 §130]

 

      498.126 Hunting or assisting others to hunt or locate game animals or birds by aircraft prohibited; exemption; rules. (1) A person may not:

      (a) Hunt game mammals or game birds from or with the aid of an aircraft.

      (b) Transmit from an aircraft to a person not in the aircraft information regarding the location of any game mammals or game birds.

      (c) Otherwise use an aircraft to assist another person in hunting or locating game mammals or game birds for the purpose of hunting.

      (2) A person may not hunt any game mammal within eight hours after having been transported by aircraft to or from any place other than a recognized airport that the Oregon Department of Aviation has licensed as a public use airport, registered as a personal use airport or specifically exempted from licensing or registration.

      (3) Every pilot shall maintain a log book that shows the names and addresses of record of the persons transported, point of departure, point of destination, time and date of each flight that the pilot makes in an aircraft within this state to transport a person to or from any place to hunt. The log book is subject to inspection by any person authorized to enforce the wildlife laws.

      (4)(a) Notwithstanding subsections (1) to (3) of this section, and except as provided in subsection (5) of this section, the State Department of Fish and Wildlife, or its agents, may conduct wildlife management activities necessary for scientific research or, in emergency situations, to protect human safety, wildlife species or property by:

      (A) Hunting game mammals or game birds from or with the aid of an aircraft; or

      (B) Transmitting from an aircraft information regarding the location of any game mammal or game bird.

      (b) The State Fish and Wildlife Commission shall define by rule the terms “emergency situations” and “necessary” for purposes of implementation of this section.

      (5) If the definition of “game mammal” in ORS 496.004 is modified to include wolves, then the department may conduct wolf management activities under this section only under a statewide wolf management plan adopted by the commission. [1973 c.723 §87; 1987 c.277 §1; 1989 c.448 §1; 1999 c.935 §30; 2003 c.566 §1; 2003 c.762 §1]

 

      498.130 [Repealed by 1973 c.723 §130]

 

      498.132 [1953 c.184 §3; repealed by 1973 c.723 §130]

 

      498.135 [Repealed by 1973 c.723 §130]

 

      498.136 Hunting from motor-propelled vehicle restricted; rules. (1) Except as provided in subsection (2) of this section, a person may not hunt wildlife from a motor-propelled vehicle.

      (2) The State Fish and Wildlife Commission, by rule, may authorize hunting from a motor-propelled vehicle by a person with a disability or for the purpose of alleviating damage by wildlife to other resources.

      (3)(a) Nothing in the wildlife laws, or rules adopted pursuant thereto, is intended to prohibit the companion of a person with a disability who is lawfully hunting from a motor-propelled vehicle from killing an animal wounded by the person and applying to the animal the tag issued to the person for the taking of the animal, even if the companion has already validated any tag required for the taking of such an animal.

      (b) For purposes of this subsection, “companion” means a person who does not have a disability. [1973 c.723 §88; 1987 c.292 §1; 1999 c.25 §8; 2007 c.70 §278]

 

      498.140 [Amended by 1955 c.64 §1; 1961 c.122 §1; repealed by 1973 c.723 §130]

 

      498.142 Hunting with artificial light restricted; rules. (1) Except as provided in subsection (2) of this section, no person shall hunt wildlife with the aid of any artificial light.

      (2) The State Fish and Wildlife Commission, by rule, may authorize hunting with the aid of an artificial light for the purpose of taking raccoon, opossum or bobcat or to alleviate damage by wildlife to other resources. [1973 c.723 §88a; 1977 c.136 §3]

 

      498.145 [Renumbered 498.272]

 

      498.146 Shining artificial light on game mammal, predatory animal or livestock while in or near motor vehicle and while in possession of weapon restricted. (1) No person shall cast from a motor vehicle or from within 500 feet of a motor vehicle an artificial light upon any game mammal, predatory animal or livestock while there is in the possession or in the immediate physical presence of the person a weapon with which the game mammal, predatory animal or livestock could be killed.

      (2) Subsection (1) of this section does not apply to a person who casts artificial light upon a game mammal, predatory animal or livestock:

      (a) From the headlights of a motor vehicle that is being operated on a road in the usual manner, if that person makes no attempt to kill the game mammal or livestock; or

      (b) When the weapon that person has in the possession or immediate physical presence of the person is disassembled or stored, or in the trunk or storage compartment of a motor vehicle; or

      (c) On land owned or lawfully occupied by that person; or

      (d) On publicly owned land when that person has an agreement with the public body to use that property.

      (3) As used in this section, “predatory animal” has the meaning for that term provided in ORS 610.002. [1973 c.542 §2; 1975 c.791 §2]

 

      498.150 [1971 c.223 §2; repealed by 1973 c.723 §130]

 

      498.152 Agreements restricting parking or use of motor vehicles on certain lands. (1) The State Fish and Wildlife Commission may enter into agreements with the owners or lawful possessors of land to restrict the operation or parking of motor-propelled vehicles on the land when the commission determines that such operation or parking is damaging wildlife or wildlife habitat.

      (2) An agreement shall restrict the types and uses of motor-propelled vehicles on the land and shall specify the times and places that such restrictions apply.

      (3) The commission shall cause notice of the restrictions, including the effective date thereof, to be posted on the main traveled roads entering the area to which the restrictions apply.

      (4) Nothing in this section authorizes the establishment of any restrictions that impede normal forest or range management operations. [1973 c.723 §89; 1987 c.798 §1]

 

      498.153 Parking vehicle in violation of restrictions; vehicle owner subject to penalty; defense. (1) A person who operates or parks a motor-propelled vehicle in violation of restrictions established and posted under ORS 498.152 commits an offense punishable as provided in ORS 496.992.

      (2) Except as otherwise provided in subsection (1) of this section, a person who is the owner of an unattended motor-propelled vehicle parked in violation of restrictions established and posted under ORS 498.152 is guilty of a Class A violation without regard to culpable mental state.

      (3) It is an affirmative defense to a prosecution under subsection (2) of this section that the use of the vehicle was not authorized by the owner, either expressly or by implication. [1987 c.798 §3; 1999 c.1051 §194]

 

      498.154 Notice adequate to charge defendant; delivery or posting; jurisdiction. (1) In all prosecutions under ORS 498.153 (2), it shall be sufficient for a police officer to charge the defendant by an unsworn written notice if the notice clearly states:

      (a) The date, place and nature of the charge.

      (b) The time and place for defendant’s appearance in court.

      (c) The name of the issuing officer.

      (d) The license number of the vehicle.

      (2) The notice provided for in subsection (1) of this section shall either be delivered to the defendant or placed in a conspicuous place upon the vehicle involved in the violation. A duplicate original of the notice shall serve as the complaint in the case when it is filed with the court. The issuing officer need not have observed the act of parking, but need only have observed that the vehicle appeared to be parked in violation of restrictions established and posted under ORS 498.152.

      (3) A circuit court and a justice court have concurrent jurisdiction over the offenses described in ORS 498.153 committed within the county. [1987 c.798 §4; 1995 c.658 §108]

 

      498.155 Failure to appear; issuance of warrant. If a vehicle owner cited under ORS 498.154 to appear in a circuit or justice court upon an alleged parking offense fails to appear on or before the date and time stated on the citation, the court and the Department of Transportation may take such actions as are otherwise authorized by law under the Oregon Vehicle Code in the case of a failure to appear, except that in no case may a warrant of arrest be issued nor a criminal prosecution for failure to appear be commenced unless the citing or prosecuting authority, more than 10 days prior thereto, has sent a letter to the registered owner at the address shown upon the vehicle registration records of the department advising such owner of the charge pending and informing the owner that the owner may be subject to arrest if the owner does not appear in the court within 10 days to answer the charge. The letter must be sent by certified mail, restricted delivery, return receipt requested. A warrant of arrest may not be issued, nor a criminal prosecution for failure to appear be commenced if such a letter has not been sent or if the owner appears in court to answer the charge within 10 days after receiving the letter. [1987 c.798 §5; 1993 c.741 §69; 1995 c.658 §109; 1999 c.1051 §274]

 

      498.158 Hunting or trapping wildlife in certain governmental districts restricted. (1) Except as provided in ORS 448.305 and in subsection (2) of this section, no person shall hunt or trap any wildlife within the boundaries of any city, public park, cemetery or on any school lands.

      (2) No hunting or trapping shall be allowed on any lands within the boundaries of any city, public park or on any school lands unless:

      (a) The governing body or other agency that administers the affairs of the city, public park or school, after notice and hearing, authorizes such hunting or trapping by ordinance or resolution; and

      (b) The State Fish and Wildlife Commission, after notice and hearing, determines that such hunting or trapping would not adversely affect public safety or unreasonably interfere with other authorized uses of such lands. [1973 c.723 §90]

 

      498.160 [1971 c.223 §3; repealed by 1973 c.723 §130]

 

      498.164 Use of dogs or bait to hunt black bears or cougars; prohibitions; exemptions; penalties; rules. (1) Except as provided in subsections (2) to (4) of this section, a person may not use bait to attract or take black bears or use one or more dogs to hunt or pursue black bears or cougars.

      (2) Nothing in subsection (1) of this section prohibits the use of bait or one or more dogs by employees or agents of county, state or federal agencies while acting in their official capacities.

      (3)(a) As allowed by subsection (2) of this section, the State Department of Fish and Wildlife is authorized to appoint persons to act as agents for the department for the purpose of using one or more dogs to hunt or pursue black bears or cougars. Such hunt or pursuit must be in compliance with any black bear management plan and any cougar management plan adopted by rule by the State Fish and Wildlife Commission. An agent acts on the department’s behalf and, subject to the department’s direction and control, implements specific management programs of the department. An agent may not engage in any other hunting or pursuit while acting on the department’s behalf.

      (b) The department shall:

      (A) Make the appointment in written form; and

      (B) Ensure that the written appointment is available to the public for review at the main office of the department in Salem.

      (c) Upon appointment of an agent by the department, the department shall fix the compensation of the agent and prescribe the duties of the agent. The authority of the agent to act shall be limited to the terms set forth in the written appointment under paragraph (b) of this subsection.

      (d) The commission shall adopt by rule a process and criteria for selecting and training persons to act as agents pursuant to subsection (3)(a) of this section. The process and criteria shall include, but are not limited to, the qualifications and training for agents and are to cover any guidelines, policies or codes of conduct of the department regarding firearms, first aid, all-terrain vehicles and snowmobiles and the use of alcohol or drugs. The department may also require fingerprints as specified in ORS 496.121 for the purpose of requesting state or nationwide criminal records checks.

      (4) Nothing in subsection (1) of this section prohibits the use of bait or dogs by persons for the taking of black bears or cougars in accordance with the provisions of ORS 498.012 relating to taking wildlife that is causing damage.

      (5) Any person who violates subsection (1) of this section commits a Class A misdemeanor and, upon conviction, shall in addition to appropriate criminal penalties have his or her privilege to apply for any hunting license suspended for a period of five years for a first offense and permanently suspended for any subsequent offense.

      (6) For the purposes of this section, “bait” means any material placed for the purpose of attracting or attempting to attract bears. [1995 c.4 §1; 2003 c.248 §2; 2007 c.675 §1]

 

      Note: The amendments to 498.164 by section 2, chapter 675, Oregon Laws 2007, become operative January 2, 2014. See section 3, chapter 675, Oregon Laws 2007. The text that is operative on and after January 2, 2014, is set forth for the user’s convenience.

      498.164. (1) Except as provided in subsections (2) and (3) of this section, a person may not use bait to attract or take black bears or use one or more dogs to hunt or pursue black bears or cougars.

      (2) Nothing in subsection (1) of this section prohibits the use of bait or one or more dogs by employees or agents of county, state or federal agencies while acting in their official capacities.

      (3) Nothing in subsection (1) of this section prohibits the use of bait or dogs by persons for the taking of black bears or cougars in accordance with the provisions of ORS 498.012 relating to taking wildlife that is causing damage.

      (4) Any person who violates subsection (1) of this section commits a Class A misdemeanor and, upon conviction, shall in addition to appropriate criminal penalties have his or her privilege to apply for any hunting license suspended for a period of five years for a first offense and permanently suspended for any subsequent offense.

      (5) For the purposes of this section, “bait” means any material placed for the purpose of attracting or attempting to attract bears.

 

      Note: 498.164 was adopted by the people by initiative petition but was not added to or made a part of ORS chapter 498 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      498.166 Bears or cougars posing threat to human safety. (1) Notwithstanding the licensing and tag requirements of ORS 497.102 and 497.112, a person may take a cougar or bear that poses a threat to human safety.

      (2) Any person who takes a cougar or bear pursuant to subsection (1) of this section shall immediately report the taking to a person authorized to enforce the wildlife laws and shall dispose of the animal in such manner as the State Fish and Wildlife Commission directs.

      (3) Any regional office of the State Department of Fish and Wildlife ordering the disposal of an animal under subsection (2) of this section shall file a report with the State Fish and Wildlife Director within 30 days after the disposal. The report shall include but need not be limited to the disposition of the animal, the events leading to the taking of the animal and any injury caused by the animal to humans or domesticated animals. The director shall compile all reports received under this subsection on a bimonthly basis. The reports compiled by the director shall be available to the public upon request.

      (4) As used in this section:

      (a) “Structure” includes a building being used as a residence, a building located on land actively used for agricultural, timber management, ranching or construction purposes or a building used as part of a business.

      (b) “Threat to human safety” means the exhibition by a cougar or bear of one or more of the following behaviors:

      (A) Aggressive actions directed toward a person or persons, including but not limited to charging, false charging, growling, teeth popping and snarling.

      (B) Breaking into, or attempting to break into, a residence.