2007 Oregon Code - Chapter 497 :: Chapter 497 - Licenses and Permits
Chapter 497 —
Licenses and Permits
2007 EDITION
LICENSES AND PERMITS
WILDLIFE
GENERAL PROVISIONS
497.002    “Resident”
and “nonresident” defined
497.006Â Â Â Â Certain
persons as residents for licensing purposes
497.012Â Â Â Â Validity
of licenses on
497.014Â Â Â Â Validity
of licenses in Pacific Ocean or
497.016Â Â Â Â Term
of licenses, tags and permits
497.022Â Â Â Â Issuance
of licenses, tags or permits by commission agents; fees
497.026Â Â Â Â Duty
of license agents to remit funds; rules
497.032Â Â Â Â Duplicate
licenses, tags and permits; fee
497.036Â Â Â Â Inspection
of licenses, tags, permits and wildlife
LICENSE, TAG AND PERMIT REQUIREMENTS AND FEES
497.071Â Â Â Â Dedication
of certain license, tag and permit fee increases
497.075Â Â Â Â General
license, tag and permit requirements; exemptions
497.079Â Â Â Â Open
fishing and shellfish taking day
497.102Â Â Â Â Hunting
license and permit fees
497.112Â Â Â Â Hunting
tags; fees; restrictions
497.121Â Â Â Â Angling
and shellfish licenses and tags; fees
(Temporary provisions relating to surcharges through 2009 are compiled
as notes following ORS 497.121)
497.123Â Â Â Â Hatchery
harvest tag rules
497.124Â Â Â Â Angling
license surcharges
497.132Â Â Â Â Combined
licenses for residents; fee
497.134Â Â Â Â Voluntary
contributions
497.136Â Â Â Â Uses
of certain fee increases
497.142Â Â Â Â Furbearer
trapping or hunting license and tag; fees
497.146Â Â Â Â Trapper
education program; when certificate required; exceptions
497.151Â Â Â Â Annual
migratory waterfowl stamp; fee; effect of purchase by nonresident
497.153Â Â Â Â Annual
resident upland bird stamp; fee; effect of purchase by nonresident
497.156Â Â Â Â Annual
nonresident bird-waterfowl stamp; fee
497.158Â Â Â Â Mail
and Internet license renewal
SPECIAL LICENSES
497.162Â Â Â Â Angling
and shellfish licenses for persons in state care
497.170Â Â Â Â Columbia
River Indians; free hunting and fishing licenses
OCCUPATIONAL LICENSES, REQUIREMENTS AND FEES
497.218Â Â Â Â Fur
dealer license; records
497.228Â Â Â Â Wildlife
propagation license; grounds for license denial; records; rules
497.238Â Â Â Â Taxidermy
license; records
497.248Â Â Â Â Private
hunting preserve license; requirements for preserve; rules; records
497.249Â Â Â Â Revocation
or refusal to renew private hunting preserve license
497.252Â Â Â Â Fish
propagation license; terms and conditions; rules; applicability of other
licensing laws
497.258Â Â Â Â Fees
497.268Â Â Â Â Inspection
of occupational licenses
SPECIAL PERMITS
497.298Â Â Â Â Scientific
taking permit; rules
497.308Â Â Â Â Wildlife
holding and habitat removal permits; rules
497.312Â Â Â Â Special
restrictions on holding coyotes
497.318Â Â Â Â Revocation
of scientific taking or wildlife holding and habitat removal permits
497.325Â Â Â Â Sturgeon
hatchery operation permits; conditions; permit restrictions; rules; fees
497.327Â Â Â Â Priority
for certain applications for permit for sturgeon hatchery operation
JUVENILE RESTRICTIONS
497.350Â Â Â Â Hunting
restriction; generally
497.360Â Â Â Â Hunter
safety certificate; training program; youth hunter mentoring program; rules
LICENSE VIOLATIONS AND PENALTIES
497.400Â Â Â Â Prohibited
conduct
497.415Â Â Â Â Revocation
or denial of licenses, tags or permits for wildlife law violations or failure
to comply with citation
497.435Â Â Â Â Revocation
of licenses, tags and permits for unlawful taking of game mammals
497.441Â Â Â Â Prohibited
activities by those whose license, tag or permit has been revoked
GENERAL PROVISIONS
     497.002
“Resident” and “nonresident” defined. Except as provided in ORS 497.006, as used in this chapter:
     (1) “Resident” means a person who has
resided in this state at least six consecutive months immediately prior to the
date of making application for a license, tag or permit issued by the State
Fish and Wildlife Commission. Temporary absence from the state for a purpose
other than establishing residency outside the state shall not be considered in
determining whether a person meets the residency requirements of this subsection.
     (2) “Nonresident” means any person other
than a resident. [1973 c.723 §41]
     497.006
Certain persons as residents for licensing purposes. (1) As used in this section:
     (a) “Active member of the Armed Forces of
the
     (A) Reside in this state while assigned to
duty at any base, station, shore establishment or other facility in this state;
     (B) Reside in this state while serving as
members of the crew of a ship that has an
     (C) Reside in another state or a foreign
country and establish
     (b) “Armed Forces of the
     (A) The Army, Navy, Air Force, Marine
Corps and Coast Guard of the
     (B) The reserves of the Army, Navy, Air
Force, Marine Corps and Coast Guard of the
     (C) The Oregon National Guard and the
National Guard of any other state or territory.
     (c) “Dependent children” includes any
children of an active member of the Armed Forces of the
     (A) Are under 18 years of age and not
married, otherwise emancipated or self-supporting; or
     (B) Are under 23 years of age, unmarried,
enrolled in a full-time course of study in an institution of higher learning
and dependent on the member for over one-half of their support.
     (2) The following persons shall be
considered resident persons for the purpose of purchasing licenses, tags and
permits issued by the State Fish and Wildlife Commission:
     (a) Active members of the Armed Forces of
the
     (b) Any active member of the Armed Forces
of the United States who furnishes to the commission evidence satisfactory to
the commission that the person is a member of the Armed Forces of the United
States and the spouse and dependent children of such member.
     (c) Aliens who furnish to the commission
evidence satisfactory to the commission that the person is attending a school
in this state pursuant to a foreign student exchange program. [1973 c.723 §42;
1987 c.158 §112; 1987 c.162 §8; 1989 c.264 §4; 2003 c.242 §5; 2005 c.831 §10]
     497.010 [Repealed by 1973 c.723 §130]
     497.012
Validity of licenses on
     (2) Nothing in this section is intended to
authorize:
     (a) The holder of an
     (b) The holder of an
     497.014
Validity of licenses in Pacific Ocean or
     (2) Subsection (1) of this section applies
only if the State Fish and Wildlife Commission by rule determines that laws,
rules or regulations of the State of Washington, in substance or effect,
contain provisions that make a valid Oregon license lawful in the waters of the
Pacific Ocean within three miles of the coast of the State of Oregon or the
State of Washington, between the Oregon-Washington boundary and Leadbetter
Point, or in the waters of the Columbia River where it forms the
Oregon-Washington boundary. [1983 c.173 §§2, 3; 1985 c.373 §1; 2003 c.656 §4;
2005 c.260 §1]
     497.015 [1971 c.530 §2; repealed by 1973 c.723 §130]
     497.016
Term of licenses, tags and permits. Unless otherwise provided by law, all licenses, tags and permits
issued by the State Fish and Wildlife Commission shall be valid for such period
of time as the commission prescribes. [1973 c.723 §44; 1981 c.445 §1]
     497.020 [Repealed by 1973 c.723 §130]
     497.022
Issuance of licenses, tags or permits by commission agents; fees. (1) The State Fish and Wildlife Commission
may appoint agents to issue any of the licenses, tags or permits the commission
is authorized by law to issue. The commission shall prescribe the procedure for
the issuance of such licenses, tags and permits. Agents of the commission shall
issue licenses, tags and permits in accordance with the prescribed procedure
and shall charge and collect the fees prescribed by law therefor.
     (2) In addition to the fees prescribed by
law for the issuance of a license, tag or permit, the issuing agent shall
charge and collect $5 for each resident annual sportspersonÂ’s license issued
pursuant to ORS 497.132 (2)(a) and $1.50 each for any other license, tag or
permit. If the agent is a county clerk, the agent shall deposit such additional
fees in the general fund of the county for which the agent is the clerk. If the
agent is an employee of the State Department of Fish and Wildlife, the moneys
shall be deposited in the State Wildlife Fund. Agents other than county clerks
or department employees who issue licenses without the use of a state
computerized licensing system may retain such additional fees for their license
tag or permit issuance services. Agents other than county clerks or department
employees who issue licenses, tags or permits using a state computerized
licensing system may retain such portion of the additional fees, but not less
than $2.50 for each resident annual sportspersonÂ’s license issued pursuant to
ORS 497.132 (2)(a) or 75 cents for any other license, tag or permit, as may be
specified by contract between the department and the agent for license, tag or
permit issuance service performed by the agent.
     (3) If the commission finds that an agent
appointed pursuant to this section has violated any of the provisions of law or
the procedures prescribed by the commission for the issuance of licenses, tags
or permits or the collection and disposition of fees therefrom, the commission
may revoke the authority of the agent to issue licenses, tags and permits, or
may suspend such authority for such time as the commission considers
appropriate. [1973 c.723 §45; 1975 c.183 §1; 1981 c.445 §2; 1987 c.345 §1; 1989
c.573 §1; 1993 c.103 §1; 1999 c.1006 §2; amendments by 1999 c.1006 §13 repealed
by 2001 c.949 §1; 2001 c.104 §223]
     497.026
Duty of license agents to remit funds; rules. (1) No agent appointed by the State Fish and Wildlife Commission to
issue licenses, tags or permits shall fail to remit to the commission moneys
received from the issuance of licenses, tags and permits in the manner required
by this section.
     (2) The commission shall, by rule,
prescribe the method in which license agents shall remit all moneys belonging
to the state accruing from the issuance of licenses, tags and permits.
     (3) Notwithstanding subsection (2) of this
section, the commission shall not require a license agent to remit moneys from
the issuance of licenses, tags and permits more often than once each month if:
     (a) The license agent issues licenses,
tags and permits in the amount of $12,500 or less each year; and
     (b) The license agent does not use a state
computerized licensing system to issue licenses, tags and permits. [1973 c.723 §46;
1975 c.85 §1; 1987 c.345 §2; 1989 c.573 §2]
     497.030 [Repealed by 1973 c.723 §130]
     497.032
Duplicate licenses, tags and permits; fee. If a license, tag or permit issued by the State Fish and Wildlife
Commission is lost, destroyed or stolen, the holder thereof may submit to the
commission a certificate stating that the license, tag or permit has been lost,
stolen or destroyed, together with a fee of $5 for each such license, tag or
permit. Upon receipt of the certificate and appropriate fees, the commission
shall issue to the person a duplicate license, tag or permit that may be used
in lieu of the lost, destroyed or stolen licenses, tags or permits. [1973 c.723
§47; 1981 c.445 §3; 1985 c.60 §6]
     497.036
Inspection of licenses, tags, permits and wildlife. The holder of any license, tag or permit to
angle, take, hunt or trap must consent to the inspection of any such license,
tag or permit and any wildlife taken pursuant to such license, tag or permit:
     (1) By any employee of the State Fish and
Wildlife Commission or any person authorized to enforce the wildlife laws.
     (2) By the owner, or the agent of the
owner, of any land upon which the license, tag or permit holder is angling for,
taking, hunting or trapping any wildlife. [1973 c.723 §48; 1981 c.445 §4; 1991
c.67 §149; 2003 c.656 §5]
     497.040 [Amended by 1959 c.272 §1; repealed by 1973
c.723 §130]
     497.050 [Amended by 1967 c.523 §7; repealed by 1973
c.723 §130]
     497.060 [Repealed by 1973 c.723 §130]
     497.070 [Repealed by 1959 c.341 §2]
LICENSE, TAG
AND PERMIT REQUIREMENTS AND FEES
     497.071
Dedication of certain license, tag and permit fee increases. The Legislative Assembly finds it imperative
that the wildlife resources of the State of
     (1) Habitat management.
     (2) Predator control.
     (3) Replenishment of fish and game
populations.
     (4) Reduction of the anadromous bag limit.
     (5) Adjustment of seasons and deadlines to
protect returning anadromous adults.
     (6) Supplemental wildlife feeding.
     (7) Protection of game mammals and game
birds with characteristics of high reproductive potential.
     (8) Enforcement of closings necessitated
by herd or population depletion.
     (9) Expansion of the road and access
closure program when necessary to reduce hunting pressure in specific areas. [1975
c.454 §1]
     497.072 [1955 c.216 §1; repealed by 1959 c.341 §2]
     497.075
General license, tag and permit requirements; exemptions. (1) Except as provided in subsections (2),
(3) and (4) of this section, no person shall angle for, take, hunt or trap, or
assist another in angling for, taking, hunting or trapping, any wildlife unless
the person has in possession such valid licenses, tags and permits therefor as
the State Fish and Wildlife Commission issues.
     (2) An angling or shellfish license is not
required:
     (a) Of a person younger than 14 years of
age. However, each such person who angles for salmon, steelhead trout, sturgeon
or halibut must have in possession a valid annual tag to angle for salmon,
steelhead trout, sturgeon and halibut while so angling.
     (b) Of a resident person to angle or take
shellfish on land owned by that person. However, each such person who angles
for salmon, steelhead trout, sturgeon or halibut must have in possession a
valid annual tag to angle for salmon, steelhead trout, sturgeon and halibut
while so angling.
     (c) Of a resident person to angle or take
shellfish on land owned by a member of the personÂ’s immediate family and upon
which the person resides. However, each such person who angles for salmon,
steelhead trout, sturgeon or halibut must have in possession a valid annual tag
to angle for salmon, steelhead trout, sturgeon and halibut while so angling.
     (d) Of a person to angle for or otherwise
take smelt.
     (e) Of a person to take crayfish or
freshwater clams.
     (3) A hunting license is not required:
     (a) Of a person younger than 14 years of
age to hunt wildlife, except those species for which a tag or permit is
required by the wildlife laws or by any rule promulgated pursuant thereto.
     (b) Of a resident person to hunt wildlife,
except those species of wildlife for which a tag or permit is required by the
wildlife laws or by any rule promulgated pursuant thereto, on land upon which
the person resides and is owned by the person or a member of the personÂ’s
immediate family.
     (c) Of a person who holds a valid trapping
license to take, by any means involving the use of a weapon, fur-bearing
mammals during authorized trapping seasons or predators.
     (d) Of a person to take wildlife pursuant
to ORS 498.012, notwithstanding any other provision of this subsection.
     (4) A trapping license is not required:
     (a) Of a resident person to trap
fur-bearing mammals or predators, except those species for which a tag or
permit is required by the wildlife laws or any rule promulgated pursuant
thereto, on land upon which the person resides and is owned by the person or a
member of the personÂ’s immediate family.
     (b) Of a person younger than 14 years of
age to trap fur-bearing mammals or predators, except those species for which a
tag or permit is required by the wildlife laws or by any rule promulgated
pursuant thereto.
     (c) Of a person to trap wildlife that is
not protected by the wildlife laws or the laws of the
     497.079
Open fishing and shellfish taking day. Notwithstanding ORS 497.075, 497.121 and 497.132, the State Fish and
Wildlife Commission may issue an order that authorizes individuals to angle for
fish or take shellfish in the waters of this state without the licenses or
tags, or without the licenses and tags otherwise required by law, on any two
consecutive days each year. [1989 c.344 §2; 1995 c.177 §1; 2003 c.656 §7]
     497.080 [Repealed by 1973 c.723 §130]
     497.090 [Repealed by 1965 c.295 §3]
     497.100 [1959 c.692 §§2, 3(1), (3); 1961 c.536 §2;
1971 c.446 §5; repealed by 1973 c.723 §130]
     497.102
Hunting license and permit fees. (1) The State Fish and Wildlife Commission is authorized to issue,
upon application, to persons desiring to hunt wildlife the following licenses
and permits and shall charge therefor the following fees:
     (a) Resident annual hunting license to
hunt wildlife, $19.
     (b) Nonresident annual hunting license to
hunt wildlife, $73.
     (c) Resident annual juvenile hunting
license for persons 14 through 17 years of age to hunt wildlife except those
species for which a game mammal tag or permit is required by the wildlife laws
or by any rule promulgated pursuant thereto, $2.
     (d) Resident pioneer hunting license to
hunt wildlife for persons 65 years of age or older who have resided in the
state for not less than 50 years prior to the date of application, free.
     (e) Resident annual senior citizen hunting
license to hunt wildlife for persons 70 years of age or older who have resided
in the state for not less than five years prior to the date of application,
one-half the fee imposed under paragraph (a) of this subsection for a resident
annual hunting license to hunt wildlife.
     (f) Resident disabled war veteran hunting
license to hunt wildlife for a person who files with the commission 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 25 percent disabled, free.
     (g) Annual resident private hunting
preserve permit to hunt privately owned hunting preserve game birds, $3.
     (h) Annual nonresident private hunting
preserve permit to hunt privately owned hunting preserve game birds, $9.
     (i) Nonresident hunting license to hunt
migratory waterfowl and upland birds for three consecutive days, $20.
     (2) The hunting preserve permits referred
to in subsection (1)(g) and (h) of this section are in lieu of the hunting
licenses required by the wildlife laws. [1973 c.723 §50; 1975 c.454 §2; 1979
c.218 §1; 1979 c.377 §1a; 1979 c.774 §2c; 1981 c.445 §5; 1987 c.255 §1; 1991
c.67 §150; 1991 c.661 §1; 1993 c.659 §20; 1999 c.667 §2; 1999 c.1006 §4;
amendments by 1999 c.1006 §14 repealed by 2001 c.949 §1; 2001 c.571 §§2,3; 2003
c.644 §1]
     Note: See second note under 497.121.
     497.110 [Amended by 1955 c.358 §1; 1967 c.278 §1;
1971 c.446 §6; repealed by 1973 c.723 §130]
     497.112
Hunting tags; fees; restrictions. (1) The State Fish and Wildlife Commission is authorized to issue,
upon application, to persons desiring to hunt wildlife the following general
tags and shall charge therefor the following fees:
     (a) Resident annual elk tag to hunt elk,
$33.
     (b) Nonresident annual elk tag to hunt
elk, $360.
     (c) Special annual elk tag for holders of
pioneer or disabled veteran hunting licenses to hunt elk, one-half the fee
imposed under paragraph (a) of this subsection for a resident annual elk tag to
hunt elk.
     (d) Resident annual deer tag to hunt deer,
$18.
     (e) Nonresident annual deer tag to hunt
deer, $263.
     (f) Resident annual black bear tag to hunt
black bear, $10.
     (g) Nonresident annual black bear tag to
hunt black bear, $150.
     (h) Resident annual mountain sheep tag to
hunt mountain sheep, $100.
     (i) Nonresident annual mountain sheep tag
to hunt mountain sheep, $1,082.
     (j) Resident annual mountain goat tag to
hunt mountain goat, $100.
     (k) Nonresident annual mountain goat tag
to hunt mountain goat, $1,082.
     (L) Resident annual cougar tag to hunt
cougar, $10.
     (m) Nonresident annual cougar tag to hunt
cougar, $150.
     (n) Resident annual antelope tag to hunt
antelope, $35.
     (o) Nonresident annual antelope tag to
hunt antelope, $276.
     (p) Resident annual turkey tag to hunt
turkeys, $16.50.
     (q) Nonresident annual turkey tag to hunt
turkeys, $62.50.
     (r) Outfitter and guide annual deer tag to
hunt deer, $450.
     (s) Outfitter and guide annual elk tag to
hunt elk, $665.
     (2)(a) Notwithstanding ORS 496.146 (10),
the commission is authorized to issue each year one special tag that is
auctioned to the highest bidder in a manner prescribed by the commission for
each of the following:
     (A) Mountain sheep;
     (B) Antelope; and
     (C) Mountain goat.
     (b) In addition to the tags referred to in
paragraph (a) of this subsection, the commission is authorized to issue each
year one special tag that is raffled in a manner prescribed by the commission
for each of the following:
     (A) Mountain sheep;
     (B) Antelope; and
     (C) Mountain goat.
     (c) Moneys received under this subsection
for:
     (A) Mountain sheep tags shall be placed in
the Mountain Sheep Subaccount established in ORS 496.303;
     (B) Antelope tags shall be placed in the
Antelope Subaccount established in ORS 496.303; and
     (C) Mountain goat tags shall be placed in
the Mountain Goat Subaccount established in ORS 496.303.
     (d) Notwithstanding ORS 496.146 (10), the
commission, upon the recommendation of the Access and Habitat Board to fulfill
the boardÂ’s charge of providing incentives to increase public access and
habitat improvements to private land, is authorized to issue each year up to 10
elk and 10 deer tags to hunt deer or elk. The tags shall be auctioned or
raffled to the highest bidder in a manner prescribed by the commission. The
Access and Habitat Board, in recommending any tags, shall include a proposal as
to the land on which each tag can be used and a percentage of funds received
from the tags that may revert to the landowner if the tag is limited to private
land. However, the percentage cannot be more than 50 percent and the programs
must, by written agreement, provide for public access and habitat improvements.
     (3) The tags referred to in subsection (1)
of this section are in addition to and not in lieu of the hunting licenses
required by law.
     (4) The commission may, at the time of
issue only, indorse upon the tags referred to in subsection (1) of this section
an appropriate designation indicating whether it is for a game animal to be
taken with bow and arrow or with firearms, at the choice of the applicant. The
commission may prescribe by rule that the holder of such a tag is not
authorized to take the game animal by any other means than the tag so indorsed.
     (5) Except as provided in subsection (6)
of this section, a person is not eligible to obtain, in a lifetime, more than
one controlled hunt tag issued by the commission to hunt mountain sheep and one
controlled hunt tag issued by the commission to hunt mountain goat.
     (6) A person is eligible to obtain
mountain sheep tags, antelope tags or mountain goat tags described in
subsection (2)(a) and (b) of this section, regardless of whether the person has
previously taken a mountain sheep, antelope or mountain goat or previously
obtained a mountain sheep tag, antelope tag or mountain goat tag issued
pursuant to subsection (1) or (2)(a) or (b) of this section.
     (7) The number of nonresident mountain
goat tags and nonresident mountain sheep tags shall be decided by the
commission, but:
     (a) The number of nonresident mountain
goat tags may not be less than five percent nor more than 10 percent of all
mountain goat tags issued.
     (b) The number of nonresident mountain
sheep tags may not be less than five percent nor more than 10 percent of all
mountain sheep tags issued.
     (8) The number of tags issued by drawing
under subsection (1)(g), (m) and (o) of this section shall be decided by the
commission, but for each class of tag so issued, the number may not be more
than three percent of all tags of that class issued for hunting in a particular
area except one nonresident tag may be issued for each hunt when the number of
authorized tags is less than 35. The number of tags issued under subsection
(1)(g) of this section for the general hunting season may be decided by the
commission, but the number may not be more than three percent of all tags
issued the previous year for hunting in a particular area.
     (9) The number of tags issued by drawing
under subsection (1)(b) and (e) of this section shall be decided by the
commission, but for each class of tag so issued, the number may not be more
than five percent of all tags of that class issued for hunting in a particular
area except one nonresident tag may be issued for each hunt when the number of
authorized tags is fewer than 35. The commission shall set the percentage by
rule each year after holding a public hearing.
     (10) If a controlled hunt for game mammals
is undersubscribed during the primary controlled hunt drawing, the commission
may issue the unallocated tags to licensed hunters at up to four times the
standard tag fee on a first-come, first-served basis. This controlled hunt tag
program shall be in addition to and not replace any existing controlled hunt
tag program. [1973 c.723 §53; 1975 c.454 §3; 1975 c.487 §1a; 1979 c.715 §1;
1981 c.445 §6; 1985 c.60 §1; 1987 c.255 §2; 1991 c.364 §1; 1991 c.661 §2; 1993
c.336 §1; 1993 c.659 §21; 1997 c.225 §1; 1997 c.341 §1; 1999 c.624 §1; 1999
c.685 §1; 1999 c.1006 §5; amendments by 1999 c.1006 §15 repealed by 2001 c.949 §1;
2003 c.612 §1; 2003 c.644 §2]
     497.115 [1971 c.530 §3; repealed by 1973 c.723 §130]
     497.120 [Amended by 1955 c.358 §2; 1957 c.148 §1;
1959 c.221 §1; 1961 c.536 §1; 1967 c.278 §2; 1971 c.446 §7; repealed by 1973
c.723 §130]
     497.121
Angling and shellfish licenses and tags; fees. (1) The State Fish and Wildlife Commission
is authorized to issue, upon application, to persons desiring to angle for fish
or take shellfish the following licenses and tags and shall charge therefor the
following fees:
     (a) Resident annual angling license, $21.
     (b) Nonresident annual angling license,
$54.75.
     (c) Nonresident angling license to angle
for seven consecutive days, $39.50.
     (d) Angling license to angle for one day,
$9.25.
     (e) Resident annual juvenile angling
license for persons 14 through 17 years of age, $4.
     (f) Resident annual shellfish license, $5.
     (g) Nonresident annual shellfish license,
$15.
     (h) Nonresident three-day shellfish
license, $7.50.
     (i) Resident pioneer angling license for
persons 65 years of age or older who have resided in the state for not less
than 50 years prior to the date of application, free.
     (j) Resident annual senior citizen angling
license for persons 70 years of age or older who have resided in the state for
not less than five years prior to the date of application, one-half the fee
imposed under paragraph (a) of this subsection for a resident annual angling
license.
     (k) Resident disabled war veteran angling
license for a person who files with the commission written proof that the last
official certification of record by the United States Department of Veterans
Affairs or by any branch of the Armed Forces of the United States shows the
person to be at least 25 percent disabled, free.
     (L) Annual tag to angle for salmon,
steelhead trout, sturgeon and halibut, $20.
     (m) Annual tag for persons under 18 years
of age to angle for salmon, steelhead trout, sturgeon and halibut, $5.
     (n) Renewable tag to angle for hatchery
salmon and steelhead, $10.50.
     (2) Any person who holds a valid permanent
angling license for persons who are blind or a permanent angling license for
persons in a wheelchair issued by the commission before January 1, 2000, need
not obtain a resident annual angling license under this section.
     (3) The annual tags to angle for salmon,
steelhead trout, sturgeon and halibut referred to in subsection (1)(L), (m) and
(n) of this section are in addition to and not in lieu of the angling licenses
required by the wildlife laws. However, an annual tag to angle for salmon,
steelhead trout, sturgeon and halibut is not required of a person who holds a
valid angling license referred to in subsection (1)(c) or (d) of this section. [1973
c.723 §51; 1975 c.34 §1; 1975 c.454 §4; 1979 c.377 §2; 1981 c.445 §7; 1983
c.740 §202; 1985 c.60 §2; 1985 c.390 §1; 1991 c.67 §151; 1991 c.435 §1; 1993
c.619 §1; 1999 c.25 §5; 1999 c.1006 §6; amendments by 1999 c.1006 §16 repealed
by 2001 c.949 §1; 2001 c.94 §§2,3; 2001 c.571 §§4,5; 2003 c.644 §3; 2003 c.656 §8;
2007 c.70 §277]
     Note: Section 4, chapter 512, Oregon Laws 1989,
provides:
     Sec.
4. Surcharges through 2009.
In addition to the fees otherwise prescribed by law, the issuer of each of the
following licenses shall charge and collect each time the license is issued,
during the period beginning January 1, 1998, and ending December 31, 2009, the following
surcharges:
     (1) Resident combination license issued
under ORS 497.132, $2.
     (2) Resident annual angling license issued
under ORS 497.121 (1)(a), $2.
     (3) Resident juvenile angling license
issued under ORS 497.121 (1)(e), $1.
     (4) Angling license to angle for one day
issued under ORS 497.121 (1)(d), $1.
     (5) Nonresident annual angling license
issued under ORS 497.121 (1)(b), $5.
     (6) Nonresident angling license to angle
for seven consecutive days issued under ORS 497.121 (1)(c), $2.50. [1989 c.512 §4;
1991 c.184 §1; 1993 c.619 §3; 1997 c.8 §9; 1999 c.1006 §11; 2003 c.643 §1]
     Note: Section 19, chapter 659, Oregon Laws 1993,
provides:
     Sec.
19. Surcharges through 2009.
(1) In addition to the fees otherwise prescribed by law, the issuer of each of
the following licenses shall charge and collect each time the license is
issued, during the period beginning January 1, 1994, and ending December 31,
2009, the following surcharges:
     (a) Resident annual combination license
issued under ORS 497.132, $2.
     (b) Resident annual hunting license issued
under ORS 497.102 (1)(a), $2.
     (c) Nonresident annual hunting license
issued under ORS 497.102 (1)(b), $2.
     (d) Resident annual juvenile hunting
license issued under ORS 497.102 (1)(c), $1.
     (2) Payment of the surcharges required by
this section does not entitle the license holder to special access to any
property or to any other privilege. Notice to this effect shall be printed in
materials distributed by the State Department of Fish and Wildlife to
licensees. [1993 c.659 §19; 1997 c.246 §1; 1999 c.1006 §12; 2003 c.203 §1]
     497.122 [1955 c.474 §1; repealed by 1957 c.148 §2]
     497.123
Hatchery harvest tag rules.
The State Fish and Wildlife Commission shall adopt rules for the issuance of
hatchery harvest tags to persons holding an annual angling license and an
annual tag to angle for salmon and steelhead. The rules shall allow persons
holding a hatchery harvest tag to angle for 10 fin clipped or otherwise marked
returning hatchery salmon and steelhead. [2001 c.94 §1]
     Note: 497.123 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 497 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     497.124
Angling license surcharges.
In addition to the fees otherwise prescribed by law, the issuer of each of the
following licenses shall charge and collect each time the license is issued a
surcharge of 25 cents for each of the following licenses:
     (1) Resident combination license issued
under ORS 497.132.
     (2) Resident annual angling license issued
under ORS 497.121 (1)(a).
     (3) Resident annual juvenile angling
license issued under ORS 497.121 (1)(e).
     (4) Angling license to angle for one day
issued under ORS 497.121 (1)(d).
     (5) Nonresident annual angling license
issued under ORS 497.121 (1)(b).
     (6) Nonresident angling license to angle
for seven consecutive days issued under ORS 497.121 (1)(c). [1991 c.858 §15;
1993 c.619 §4; 1995 c.426 §4; 1999 c.25 §6]
     Note: 497.124 was added to and made a part of ORS
chapter 497 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     497.125 [1959 c.692 §3(2); repealed by 1973 c.723 §130]
     497.130 [Amended by 1967 c.278 §3; repealed by 1973
c.723 §130]
     497.132
Combined licenses for residents; fee. (1) In lieu of issuing to resident persons separate licenses for
angling and hunting, the State Fish and Wildlife Commission is authorized to
issue resident annual combination angling and hunting licenses, and charge
therefor a fee of $38.
     (2)(a) In lieu of issuing to resident
persons separate licenses and tags for various hunting and angling activities,
the commission is authorized to issue resident annual sportspersonÂ’s licenses
and shall charge therefor a fee of $125. The purchaser of each such license is
authorized to engage in those hunting and angling activities for which the
following licenses and tags are required:
     (A) Combination license;
     (B) Black bear tag;
     (C) Cougar tag;
     (D) General season elk tag;
     (E) General season deer tag;
     (F) Upland bird stamp;
     (G)
     (H)
     (I) Annual tag to angle for salmon,
steelhead trout, sturgeon and halibut.
     (b) The holder of each sportsperson’s
license who wishes to engage in hunting or angling activities for which permits
are required that are limited by quota must participate in the process for
allocation of the permits in the same manner as all other permit applicants. However,
if the holder of a sportspersonÂ’s license is unsuccessful in obtaining a permit
limited by quota for a particular activity, the holder will be issued a tag
valid for any general season for that species.
     (c) Notwithstanding any other provision of
the wildlife laws, of the moneys received from the sale of sportspersonÂ’s
licenses:
     (A) Two dollars from each such license
shall be credited to the subaccount referred to in ORS 496.242.
     (B) Two dollars from each such license
shall be credited to the subaccount referred to in ORS 496.283.
     (C) Twenty-five cents from each such
license shall be credited to the Fish Screening Subaccount established under
ORS 496.303. [1973 c.723 §52; 1975 c.454 §5; 1981 c.445 §8; 1987 c.255 §3; 1991
c.661 §3; 1993 c.619 §2; 1997 c.341 §2; 1999 c.59 §161; 1999 c.1006 §7;
amendments by 1999 c.1006 §17 repealed by 2001 c.949 §1; 2001 c.822 §§8,8a;
2003 c.644 §4]
     Note: See notes under 497.121.
     497.134
Voluntary contributions. (1)
The State Fish and Wildlife Commission may provide a means for persons to make
voluntary contributions to be used for special fish and wildlife management
programs, including programs to improve access for recreational angling. The
commission may seek voluntary contributions in conjunction with the sale of
hunting and angling licenses and tags or by such other means as the commission
considers appropriate.
     (2) If the commission implements an
electronic licensing system, the commission shall provide a means for persons
to make voluntary contributions in conjunction with the sale of licenses and
tags referred to in ORS 497.121 (1). All such voluntary contributions received
by the commission may be expended only for projects for which applications are
made pursuant to ORS 496.450. [1985 c.391 §2; 1989 c.204 §1; 1999 c.25 §7; 1999
c.1006 §8]
     497.136
Uses of certain fee increases.
The moneys received from the fee increases prescribed in the amendments to ORS
497.121 and 497.132 and section 4, chapter 512, Oregon Laws 1989, and section
15, chapter 858, Oregon Laws 1991, by sections 1 to 4, chapter 619, Oregon Laws
1993, shall be used by the State Department of Fish and Wildlife for
recreational fishing activities, including fish hatchery production, freshwater
fish programs, groundfish sampling, fish research projects, Oregon State Police
Game Bureau enforcement, a name and address database, and the Hatchery
Maintenance Information System. [1993 c.619 §6]
     497.140 [Amended by 1963 c.263 §1; repealed by 1973
c.723 §130]
     497.142
Furbearer trapping or hunting license and tag; fees. (1) The State Fish and Wildlife Commission
is authorized to issue, upon application, to persons desiring to take
fur-bearing mammals the following licenses and tags and shall charge therefor
the following fees:
     (a) Resident annual license to trap or
hunt fur-bearing mammals, $30.
     (b) Juvenile annual license to trap or
hunt fur-bearing mammals, $15.
     (c) Resident annual license to hunt
fur-bearing mammals, $11.
     (d) Nonresident annual fur-takers license
to trap or hunt fur-bearing mammals, $175.
     (e) Furbearer annual tags to take
fur-bearing mammals, such amount for each tag as the commission may prescribe,
but not more than $10.
     (2) The tags referred to in subsection
(1)(e) of this section are in addition to and not in lieu of the licenses
referred to in subsection (1)(c) and (d) of this section. [1973 c.723 §55; 1979
c.774 §1; 1987 c.255 §4]
     497.145 [1965 c.295 §2; repealed by 1973 c.723 §130]
     497.146
Trapper education program; when certificate required; exceptions. (1) The State Fish and Wildlife Commission,
by rule, shall prescribe and administer a trapper education program to provide
instruction in the proper use of trapping equipment. The program may also
include instruction on wildlife and natural resource conservation, firearms
safety, first aid and survival and such other subjects as the commission
considers desirable to promote good outdoor conduct and respect for the rights
and property of others. The commission may cooperate and enter into agreements
with other public or private agencies and individuals in carrying out the
provisions of this section.
     (2) Except as provided in subsection (3)
of this section, no person shall trap mammals with commercial fur value unless
the person has in possession a certificate issued by the commission indicating
that the person has satisfactorily completed a course in trapper education
prescribed or approved by the commission. However, the commission shall issue
the certificate automatically, without the necessity of completing the course,
to any person who has previously held a valid trapping license issued by the
commission and who is 18 years of age or older on July 1, 1986.
     (3) The certificate referred to in
subsection (2) of this section is not required of a person to trap mammals with
commercial fur value on land owned or leased by that person or a member of that
personÂ’s immediate family.
     (4) Nothing in this section is intended to
prevent any person or the personsÂ’ agent from taking mammals with commercial
fur value that are damaging livestock or agricultural crops on lands the person
owns or leases.
     (5) As used in this section, “mammals with
commercial fur value” means badger, beaver, bobcat, coyote, red fox, gray fox,
marten, mink, muskrat, nutria, opossums, raccoon, river otter, striped skunk,
spotted skunk and weasel. [1979 c.774 §4; 1985 c.467 §1]
     497.147 [1967 c.251 §2; repealed by 1973 c.723 §130]
     497.150 [Amended by 1955 c.153 §1; 1957 c.54 §1;
1969 c.382 §1; repealed by 1973 c.723 §130]
     497.151
Annual migratory waterfowl stamp; fee; effect of purchase by nonresident. (1) The State Fish and Wildlife Commission
is authorized to issue, upon application, to resident persons desiring to hunt
migratory waterfowl an annual migratory waterfowl stamp and shall charge
therefor a fee of $7.50.
     (2) The stamp referred to in subsection
(1) of this section is in addition to and not in lieu of the hunting licenses
required by ORS 497.102.
     (3) Notwithstanding subsection (1) of this
section, a migratory waterfowl stamp is not required of a person younger than
14 years of age.
     (4) ORS 497.016 to 497.026 and 497.036
apply to the stamp referred to in subsection (1) of this section.
     (5) Nothing in this section is intended to
prevent nonresident persons from purchasing resident migratory waterfowl stamps
for stamp collecting or other purposes. However, possession of a resident
migratory waterfowl stamp does not authorize a nonresident to hunt migratory
waterfowl. [1983 c.801 §2; 1993 c.659 §22; 1999 c.1006 §9; amendments by 1999
c.1006 §18 repealed by 2001 c.949 §1]
     497.153
Annual resident upland bird stamp; fee; effect of purchase by nonresident. (1) The State Fish and Wildlife Commission
is authorized to issue, upon application, to resident persons desiring to hunt
upland birds an annual upland bird stamp and shall charge therefor a fee of $5.
     (2) The stamp referred to in subsection
(1) of this section is in addition to and not in lieu of the hunting licenses
required by ORS 497.102.
     (3) Notwithstanding subsection (1) of this
section, an upland bird stamp is not required of a person younger than 14 years
of age.
     (4) ORS 497.016 to 497.026 and 497.036
apply to the stamp referred to in subsection (1) of this section.
     (5) Nothing in this section is intended to
prevent nonresident persons from purchasing resident upland bird stamps for
stamp collecting or other purposes. However, possession of a resident upland
bird stamp does not authorize a nonresident to hunt upland birds. [1989 c.406 §4;
1993 c.659 §23]
     497.156
Annual nonresident bird-waterfowl stamp; fee. (1) The State Fish and Wildlife Commission is authorized to issue,
upon application, to nonresident persons desiring to hunt either migratory
waterfowl or upland birds an annual bird-waterfowl stamp and shall charge
therefor a fee of $30.
     (2) The stamp referred to in subsection
(1) of this section is in addition to and not in lieu of the hunting licenses
required by ORS 497.102.
     (3) Notwithstanding subsection (1) of this
section, a bird-waterfowl stamp is not required of:
     (a) A person younger than 14 years of age;
or
     (b) A nonresident hunter on a private
hunting preserve who holds an annual private hunting preserve permit issued
under ORS 497.102.
     (4) ORS 497.016 to 497.026 and 497.036
apply to the stamp referred to in subsection (1) of this section. [1993 c.659 §25;
1999 c.667 §3; 1999 c.1006 §10; amendments by 1999 c.1006 §19 repealed by 2001
c.949 §1]
     497.158
Mail and Internet license renewal. The State Fish and Wildlife Commission shall adopt a system for
renewing licenses issued under ORS 497.102 and 497.121 through the mail and the
World Wide Web. [2001 c.559 §2]
     Note: 497.158 was added to and made a part of the
wildlife laws by legislative action but was not added to ORS chapter 497 or any
smaller series therein. See Preface to Oregon Revised Statutes for further
explanation.
     497.160 [Amended by 1953 c.79 §2; 1955 c.295 §1;
1969 c.506 §1; repealed by 1973 c.723 §130]
SPECIAL
LICENSES
     497.162
Angling and shellfish licenses for persons in state care. (1) Upon application of the Oregon Youth
Authority or the Department of Human Services, the State Fish and Wildlife
Commission shall issue, without fee, a license to angle for the temporary use
of any person in a state institution as defined in ORS 179.610, any student in
a youth correction facility or related camps or programs operated by the Oregon
Youth Authority, any child placed by the department and under the care of a
foster home or a private nonprofit child-caring agency certified by the
department, or any person in a department alternatives to state hospitalization
program as defined in ORS 430.630 (2)(b) or (c). The licenses issued under this
subsection shall be in bearer form and, subject to applicable laws and
regulations relating to angling, shall be used as the authority or department
directs.
     (2) Upon application of the Department of
Human Services, the commission shall issue, without fee, a license to take
shellfish for the temporary use of any child placed by the department and under
the care of a foster home or a private nonprofit child-caring agency certified
by the department. The licenses issued under this subsection shall be in bearer
form and, subject to applicable laws and regulations relating to taking
shellfish, shall be used as the department directs.
     (3) Upon application of the director of
any veteranÂ’s administration hospital or domiciliary within this state, the
commission shall issue, without fee, to each hospital or domiciliary 30
licenses to angle or to take shellfish for the temporary use of any person who
is a patient or resident in the hospital or domiciliary. The licenses issued
under this subsection shall be in bearer form and, subject to applicable laws
and regulations relating to angling and to taking shellfish, shall be used as
the director of the hospital or domiciliary provides. [Formerly 497.840; 1977
c.492 §1; 1979 c.70 §1; 1997 c.249 §178; 1999 c.59 §162; 2001 c.900 §207; 2003
c.656 §16]
     497.170
     497.175 [1969 c.506 §3; repealed by 1973 c.723 §130]
     497.200 [1973 c.723 §58; 1979 c.615 §2; repealed by
1979 c.615 §4]
     497.208 [Formerly 497.760; repealed by 1979 c.615 §4]
     497.210 [Amended by 1955 c.109 §2; repealed by 1973
c.723 §130]
OCCUPATIONAL
LICENSES, REQUIREMENTS AND FEES
     497.218
Fur dealer license; records.
(1) No person shall engage in the business of buying the skins or pelts of any
fur-bearing mammal unless the person has first obtained from the State Fish and
Wildlife Commission a fur dealer license.
     (2) Every fur dealer shall maintain a
record of transactions involving the skins or pelts of fur-bearing mammals. 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 skins or
pelts received and the name and address of the person with whom such
transaction was made. [1973 c.723 §60]
     497.220 [Repealed by 1955 c.109 §1]
     497.228
Wildlife propagation license; grounds for license denial; records; rules. (1) No person shall engage in the business
of propagating game birds or game mammals for sale unless a wildlife
propagation license is first obtained from the State Department of Fish and
Wildlife.
     (2) The State Fish and Wildlife Commission
may refuse to issue a license to an applicant if the commission finds that the
conduct of the wildlife propagation business would tend to be harmful to
existing wildlife populations.
     (3) The commission, by rule, may prescribe
requirements for the care, inspection, transportation and the sale, taking or
other disposition of the game birds or game mammals and for such record keeping
and reporting procedures as will insure that the propagation activities are
conducted in such manner as will not be harmful to existing wildlife
populations. [1973 c.723 §61; 1987 c.139 §1]
     497.230 [Amended by 1967 c.431 §2; repealed by 1973
c.723 §130]
     497.238
Taxidermy license; records.
(1) No person shall engage in the business of taxidermy unless the person first
obtains from the State Fish and Wildlife Commission a taxidermist license.
     (2) Every licensed taxidermist shall
maintain a record of the taxidermy work the person performs. 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 wildlife species
received for taxidermy work and the name and address of the persons from whom
the wildlife species were received. [1973 c.723 §62]
     497.240 [Repealed by 1973 c.723 §130]
     497.248
Private hunting preserve license; requirements for preserve; rules; records. (1) No person shall engage in the business
of operating a private hunting preserve for the hunting of privately owned or
propagated game birds unless the person first obtains from the State Fish and
Wildlife Commission a private hunting preserve license.
     (2) The commission shall issue a private
hunting preserve license to an applicant therefor if the commission finds that
the operation of the preserve will meet the following requirements:
     (a) The preserve is on one continuous
tract of land owned by the applicant or leased by the applicant and contains:
     (A) Not more than 640 acres, if the
preserve is located in the area west of the summit of the
     (B) Not more than 1,280 acres, if the
preserve is located in the area east of the summit of the
     (b) The preserve is located at least
one-half mile from any other licensed private hunting preserve.
     (c) No portion of the preserve is located
closer than one-half mile to any park, wilderness area, refuge or wildlife
management area operated by any agency of the state or federal government.
     (d) The exterior boundaries of the
preserve are clearly defined and posted with signs erected around the extremity
at intervals of 1,320 feet or less. The signs shall comply with requirements
prescribed by the State Department of Fish and Wildlife.
     (e) The applicant has facilities to
propagate or hold not less than 500 of each wildlife species to be released for
hunting.
     (f) The applicant will not prevent or
attempt to prevent public hunting on lands adjacent to the preserve.
     (3)(a) The commission, by rule, shall
prescribe the time, manner and place of hunting on private preserves, the
wildlife species to be hunted, requirements for the care and marking of
wildlife raised on the preserve, the release of wildlife received from another
state, the procedures for marking indigenous wildlife incidentally taken on the
preserve and the fees therefor, and record keeping and reporting procedures.
     (b) Pursuant to paragraph (a) of this
subsection, the commission shall:
     (A) Allow private hunting preserve
operators to use plastic poultry leg bands for marking wildlife species to be
released for hunting.
     (B) Allow the transportation of game birds
killed on a private hunting preserve if the birds are cleaned, wrapped,
packaged and accompanied by a transportation form from the preserve that states
the number and sex of the birds being transported.
     (C) Require private hunting preserve
operators to have at least 10 resident private hunting preserve permits, 10
nonresident private hunting preserve permits and 10 wild bird seals. This
requirement shall apply to each operator, regardless of the number of preserves
operated by that person.
     (4) No person shall hunt on a private
hunting preserve unless the person first obtains from the commission a hunting
license or a private hunting preserve permit. [1973 c.723 §63; 1999 c.667 §4;
2001 c.151 §1; 2001 c.161 §1; 2003 c.616 §1]
     497.249
Revocation or refusal to renew private hunting preserve license. (1) In addition to the penalties provided in
ORS 496.992, the State Department of Fish and Wildlife may revoke or refuse to
renew a license issued under ORS 497.248 if the operator fails to comply with
any provision of ORS 497.248 or any rule adopted by the State Fish and Wildlife
Commission in relation to the operation of private hunting preserves.
     (2) A new license may not be issued to a
person whose license has been revoked unless it appears to the satisfaction of
the department that the person will comply with the provisions of ORS 497.248
and the rules adopted by the commission in relation to the operation of private
hunting preserves.
     (3) Notwithstanding subsection (1) of this
section, the department may not revoke a license for a first violation.
     (4) Prior to revoking or refusing to renew
a license, the department shall serve written notice, in the manner prescribed
for contested case proceedings pursuant to ORS 183.415, on the operator of the
private hunting preserve, ordering the operator to:
     (a) Notify the department within 30 days
of the service of the notice if the operator seeks a review of the proposed
revocation or refusal to renew the license in the manner provided for contested
case proceedings in ORS 183.413 to 183.470; and
     (b) Set forth in any notification under
paragraph (a) of this subsection the operatorÂ’s reasons why the license should
be renewed or not be revoked.
     (5) At the conclusion of a contested case
proceeding conducted by the department pursuant to subsection (4) of this
section, an operator may petition the commission for a review of the
determination by the department. [2001 c.151 §3]
     Note: 497.249 was added to and made a part of the
wildlife laws by legislative action but was not added to ORS chapter 497 or any
smaller series therein. See Preface to Oregon Revised Statutes for further
explanation.
     497.250 [Amended by 1959 c.692 §11; repealed by 1973
c.723 §130]
     497.252
Fish propagation license; terms and conditions; rules; applicability of other
licensing laws. (1) Except
as provided in ORS 508.700 to 508.745 and 622.220, no person shall engage in
the business of propagating game fish or food fish for sale unless a fish propagation
license is first obtained from the State Department of Fish and Wildlife.
     (2) The State Fish and Wildlife Commission
may refuse to issue a license to an applicant if the commission finds that the
conduct of the fish propagation business would tend to be harmful to existing
game fish or food fish populations.
     (3) The commission, by rule, may prescribe
requirements for the care, inspection, transportation and the sale, taking or
other disposition of the game fish or food fish, and for such record keeping
and reporting procedures as will insure that the propagation activities are
conducted in such manner as will not be harmful to existing game fish or food
fish populations.
     (4) Persons propagating the following food
fish under the license prescribed in subsection (1) of this section are exempt
from the licensing provisions of ORS 508.025 and 508.035:
     (a) Food fish raised entirely in, then
harvested from facilities which are enclosed or designed to prevent escape and
from which the fish are not released for natural rearing.
     (b) Food fish harvested from the wild
under licenses prescribed in ORS 508.025 and 508.035 and on which the
appropriate fee has been paid at the time holding or rearing commences in the
licensed fish propagation facility.
     (5) As used in this section, food fish has
the meaning as defined in ORS 506.011. [1987 c.139 §3; 1991 c.701 §16]
     497.258
Fees. The State Department
of Fish and Wildlife is authorized to issue, upon application, to persons
desiring to engage in the following occupations the following licenses and
shall charge therefor the following fees:
     (1) Resident annual fur dealer license,
$10.
     (2) Resident annual taxidermist license,
$5.
     (3) Resident annual wildlife propagation
license, $5.
     (4) Resident annual fish propagation
license, $25.
     (5) Resident annual private hunting
preserve license, $100. [1973 c.723 §54; 1979 c.615 §3; 1985 c.565 §79; 1987
c.139 §4]
     497.260 [Amended by 1969 c.61 §1; repealed by 1973
c.723 §130]
     497.268
Inspection of occupational licenses. The holder of any license issued pursuant to ORS 497.218 to 497.248
shall consent to the inspection by any person authorized to enforce the
wildlife laws of any such license and any records the holder is required to
keep by the wildlife laws or any rule promulgated pursuant thereto. [1973 c.723
§64]
     497.270 [Amended by 1971 c.55 §1; repealed by 1973
c.723 §130]
     497.275 [1971 c.55 §2; repealed by 1973 c.723 §130]
     497.280 [Amended by 1971 c.658 §24; repealed by 1973
c.723 §130]
     497.285 [1961 c.335 §§2, 3, 4; 1969 c.501 §1; 1971
c.743 §397; repealed by 1973 c.723 §130]
     497.290 [Amended by 1971 c.658 §25; repealed by 1973
c.723 §130]
SPECIAL
PERMITS
     497.298
Scientific taking permit; rules. (1) Any person desiring to take wildlife for scientific purposes shall
first obtain from the State Fish and Wildlife Commission a scientific taking
permit. The commission, by rule, shall prescribe a procedure for applying for
permits and the form thereof, and shall prescribe the terms and conditions of
taking wildlife under the permit to insure that wildlife taken pursuant to the
permit will be used only for scientific purposes.
     (2) No person who holds a scientific
taking permit shall violate any of the terms or conditions of the permit.
     (3) As used in this section, “scientific
purposes” means the study or examination of wildlife for the acquisition of
knowledge thereof. [1973 c.723 §65]
     497.308
Wildlife holding and habitat removal permits; rules. (1) No person shall remove from its natural
habitat or acquire and hold in captivity any live wildlife in violation of the
wildlife laws or of any rule promulgated pursuant thereto.
     (2) The State Fish and Wildlife Commission
may promulgate rules to carry out the provisions of subsection (1) of this
section that include but are not limited to:
     (a) Providing for the issuance and form of
permits for the holding or removal from habitat of wildlife.
     (b) Prescribing the wildlife species for
which holding or habitat removal permits are required.
     (c) Prescribing the terms and conditions
of holding wildlife and removing wildlife from habitat to insure the humane
care and treatment of the wildlife.
     (3) No person to whom a wildlife holding
or removal from habitat permit has been issued shall violate any of the terms
or conditions thereof. [1973 c.723 §66]
     497.312
Special restrictions on holding coyotes. (1) Any rules promulgated by the State Fish and Wildlife Commission
pursuant to ORS 497.308 that authorize the acquisition and holding in captivity
of a coyote must require, among other matters:
     (a) That the holder of the permit obtain
for the animal rabies inoculations;
     (b) That the animal must at all times wear
an identification tag issued by the commission;
     (c) That the holder of the permit notify
the commission upon the death or the sale, transfer, removal from the state or
other disposition of the animal;
     (d) That the holder of the permit not
abandon the animal; and
     (e) That the holder of the permit cause
the animal to be neutered.
     (2) The holder of a permit referred to in
subsection (1) of this section is subject to the same liability and other
requirements of ORS 609.135 to 609.190 as provided for dogs.
     (3) The holder of any permit referred to
in subsection (1) of this section shall at all times be able to demonstrate to
the satisfaction of the commission that the holder has physical custody of the
animal or evidence of the death or other disposition of the animal in
compliance with the provisions of this section and ORS 497.308.
     (4) Nothing in this section or in ORS
497.308 authorizes the acquisition and holding in captivity of any coyote not
held in captivity at the State Fish and Wildlife Facility at Pendleton before
September 10, 1976, or held pursuant to a scientific taking permit issued
pursuant to ORS 497.298. [1977 c.247 §2]
     497.318
Revocation of scientific taking or wildlife holding and habitat removal
permits. In accordance with
any applicable provision of ORS chapter 183, the State Fish and Wildlife
Commission may revoke a permit issued pursuant to ORS 497.298 or 497.308 if the
commission determines that the holder of the permit has violated any of the
terms or conditions thereof. Revocation of a permit is in addition to and not
in lieu of any other penalty provided by law for violation of the terms or conditions
of the permit. [1973 c.723 §67]
     497.325
Sturgeon hatchery operation permits; conditions; permit restrictions; rules;
fees. (1) A person may not
operate a fish hatchery for those members of the family Acipenseridae, commonly
known as green sturgeon or white sturgeon, without holding a permit therefor
from the State Fish and Wildlife Commission.
     (2) Any permit issued pursuant to this
section shall be subject to such terms and conditions as the commission
considers appropriate to protect, perpetuate and enhance the sturgeon
population of the
     (3) The commission by rule shall specify:
     (a) The number of permits under this
section that may be issued each calendar year;
     (b) The method for allocating the permits;
and
     (c) The standards and criteria under which
a permit must be exercised.
     (4) When issuing a permit under this
section, the commission may impose any additional conditions that the
commission deems necessary to ensure compliance with this section.
     (5)(a) A permit issued under this section
for a fish hatchery operated for commercial purposes may not authorize the use
of green sturgeon or white sturgeon broodstock taken from the wild.
     (b) The commission shall collect an annual
fee of $3,000 for any permit issued under this section that allows the
artificial propagation of green sturgeon or white sturgeon for commercial
purposes. Payment of a fee under this subsection satisfies the payment of the
fee required for a fish propagation license under ORS 497.252. [1989 c.1038 §2;
2007 c.342 §1]
     Note: Sections 3 and 4, chapter 342, Oregon Laws
2007, provide:
     Sec.
3. The State Fish and
Wildlife Commission may issue to any person through calendar year 2010 a
special permit for the collection of male white sturgeon and eggs from oversize
female white sturgeon for commercial aquaculture in accordance with rules
adopted by the commission, provided that the person possessed such a special
permit from the commission in calendar year 2006. [2007 c.342 §3]
     Sec.
4. Section 3 of this 2007
Act is repealed on January 1, 2011. [2007 c.342 §4]
     497.327
Priority for certain applications for permit for sturgeon hatchery operation. When considering an application for a permit
under ORS 497.325, the State Fish and Wildlife Commission shall, to the
greatest extent practicable, give priority to any person who holds a permit on
December 31, 2007, unless the commission finds good cause not to give such
priority. [2007 c.342 §2]
     Note: 497.327 was enacted into law by the Legislative
Assembly but was not added to or made a part of ORS chapter 497 or any series
therein by legislative action. See Preface to Oregon Revised Statutes for
further explanation.
     497.330 [1989 c.1038 §3; repealed by 2007 c.342 §5]
JUVENILE
RESTRICTIONS
     497.350
Hunting restriction; generally.
(1) No person younger than 12 years of age shall hunt antelope, black bear,
cougar, deer, elk, mountain goat, mountain sheep or moose.
     (2) No person younger than 14 years of age
shall hunt with a firearm or bow and arrow unless the person is accompanied by
an adult, or is hunting on land owned by the parent or legal guardian of the
person. [1973 c.723 §68]
     497.360
Hunter safety certificate; training program; youth hunter mentoring program;
rules. (1) No person younger
than 18 years of age shall hunt wildlife, except on the personÂ’s own land or
land owned by the parent or legal guardian of the person, unless the person:
     (a) Has in possession a certificate,
issued by the State Fish and Wildlife Commission or by an agency of another
state, stating that the person has satisfactorily completed a course prescribed
or approved by the commission in the safe handling of lawful hunting weapons;
or
     (b) Is participating in a supervised hunt
as provided in subsection (3) of this section.
     (2) The commission, by rule, shall
prescribe and administer a hunter safety training program to provide
instruction in the safe handling of lawful hunting weapons. The program may
also include instruction on wildlife and natural resource conservation, first
aid and survival and such other subjects as the commission considers desirable
to promote good outdoor conduct and respect for the rights and property of
others. The commission may cooperate and enter into agreements with other
public or private agencies and individuals in carrying out the provisions of
this subsection. The Department of State Police and the Department of Education
are directed to cooperate with the commission in carrying out the provisions of
this section.
     (3)(a) The commission, by rule, shall
prescribe and administer a youth hunter mentoring program that allows a person
who is between nine and 14 years of age to hunt while in the presence of a
supervisory hunter who is 21 years of age or older and who holds the appropriate
licenses, tags and permits issued pursuant to the wildlife laws. Only one
lawful hunting weapon may be carried during a supervised hunt under this
subsection. A person participating in a supervised hunt under this subsection
may hunt wildlife under the same conditions applicable to the supervisory
hunterÂ’s licenses, tags and permits.
     (b) The commission, by rule, may prescribe
any relevant safety and ethical standards for participation in a supervised
hunt under this subsection. [1973 c.723 §69; 2007 c.352 §1]
LICENSE
VIOLATIONS AND PENALTIES
     497.400
Prohibited conduct. No
person shall:
     (1) Apply for, obtain or possess for
personal use or for the use of any other person more licenses, tags or permits
issued by the State Fish and Wildlife Commission than are authorized for
personal use during the current year by the wildlife laws and rules promulgated
pursuant thereto.
     (2) Alter, borrow, loan or transfer to
another person any license, tag or permit issued by the commission.
     (3) In applying for a license, tag or
permit issued by the commission, knowingly make any false statement of any
information required by the application regarding the person in whose name the
license, tag or permit is to be issued.
     (4) Possess any license, tag or permit
that has been altered, borrowed, loaned or transferred or for which any false
statements were knowingly made in applying therefor.
     (5) Apply for or obtain any license, tag
or permit issued by the commission when civil damages due pursuant to ORS
496.705 or when moneys due the State Department of Fish and Wildlife from
court-ordered restitutions for violations of the wildlife laws have not been
paid. [1973 c.723 §70; 1981 c.108 §2; 1987 c.213 §3]
     497.410 [Amended by 1959 c.692 §12; 1971 c.446 §8;
repealed by 1973 c.723 §130]
     497.415
Revocation or denial of licenses, tags or permits for wildlife law violations
or failure to comply with citation. (1) Except as provided in ORS 497.435, when any person is convicted of
a violation of law or any rule adopted pursuant thereto or otherwise fails to
comply with the requirements of a citation in connection with such violation as
provided in subsection (2) of this section, the court may order the State Fish
and Wildlife Commission to revoke such of the licenses, tags and permits issued
to that person pursuant to the wildlife laws as the court considers
appropriate. Revocation of licenses, tags and permits is in addition to and not
in lieu of other penalties provided by law.
     (2) The license, tag and permit revocation
provisions of subsection (1) of this section apply to the following persons:
     (a) Any person who is convicted of a
violation of the wildlife laws, or any rule adopted pursuant thereto, or who
otherwise fails to comply with the requirements of a citation in connection
with any such offense when the base fine amount for the offense is $50 or more.
     (b) Any person who is convicted of a
violation of ORS 164.245, 164.255, 164.265, 164.345, 164.354 or 164.365
committed while the person was angling, taking shellfish, hunting or trapping
or who otherwise fails to comply with the requirements of a citation in
connection with any such offense when the base fine amount for the offense is
$50 or more.
     (c) Any person who is convicted of a
violation of ORS 166.630 or 166.638 committed while hunting or who otherwise
fails to comply with the requirements of a citation in connection with any such
offense when the base fine amount for the offense is $50 or more.
     (3) When a court orders the revocation of
a license, tag or permit pursuant to this section or ORS 497.435, the court
shall take up any such licenses, tags and permits and forward them, together
with a copy of the revocation order, to the commission. Upon receipt thereof,
the commission shall cause revocation of the appropriate licenses, tags and
permits in accordance with the court order.
     (4) For purposes of the Wildlife Violator
Compact:
     (a) The commission shall suspend a
violatorÂ’s license as defined in ORS 496.750 for failure to comply with the
terms of a citation from a party state. A copy of a report of failure to comply
from the licensing authority of the issuing state shall be conclusive evidence.
Suspension under this paragraph commences on the date the commission issues a
final order pursuant to the provisions of ORS chapter 183 to suspend the
license in this state. The period of suspension under this paragraph is the
period provided by
     (b) The commission shall revoke a violator’s
license as defined in ORS 496.750 for a conviction in a party state. A report
of conviction from the licensing authority of the issuing state shall be
conclusive evidence. Revocation under this paragraph commences on the date the
commission issues a final order pursuant to the provisions of ORS chapter 183
to revoke the license in this state. The period of revocation under this
paragraph is the period provided by
     (5)(a) No person who has had a license,
tag or permit revoked pursuant to this section for the first time shall apply
for or obtain another such license, tag or permit for the period of 24 months
from the date the court or commission ordered the revocation.
     (b) Upon having a license, tag or permit
revoked for a second time pursuant to this section, no person shall apply for
or obtain another such license, tag or permit for the period of three years.
     (c) Upon having a license, tag or permit
revoked for a third or subsequent time pursuant to this section, no person
shall apply for or obtain another such license, tag or permit for the period of
five years.
     (6)(a) If a person convicted of conduct
described in subsection (2) of this section does not possess at the time of
conviction those licenses, tags and permits issued pursuant to the wildlife
laws that the court would have revoked pursuant to this section, the court
shall specify by order those licenses, tags and permits that would have been
revoked and shall forward a copy of the order to the commission. No person who
is the subject of such a court order shall apply for, possess or obtain another
such license, tag or permit for the period of 24 months from the date of the
order.
     (b) Upon being the subject of a court
order under this subsection for a second time, no person shall apply for or
obtain another such license, tag or permit for the period of three years.
     (c) Upon being the subject of a court
order under this subsection for a third or subsequent time, no person shall
apply for or obtain another such license, tag or permit for the period of five
years. [1973 c.723 §71; 1975 c.578 §4; 1977 c.350 §4; 1979 c.603 §3; 1981 c.900
§2; 1981 c.901 §3; 1983 c.740 §203; 1989 c.1056 §3; 1999 c.1051 §273; 2003
c.656 §9; 2007 c.257 §1]
     Note: Section 2, chapter 257, Oregon Laws 2007,
provides:
     Sec.
2. The amendments to ORS
497.415 by section 1 of this 2007 Act apply only to the suspension or revocation
of a violatorÂ’s license by a party state made on or after the effective date of
this 2007 Act [January 1, 2008]. [2007 c.257 §2]
     497.420 [Repealed by 1973 c.723 §130]
     497.425 [1973 c.723 §71a; repealed by 1979 c.615 §4]
     497.430 [Amended by 1959 c.692 §13; repealed by 1973
c.723 §130]
     497.435
Revocation of licenses, tags and permits for unlawful taking of game mammals. (1) Notwithstanding ORS 497.415 (1), (2) or
(5), when a person is convicted of taking any game mammal, in violation of the
wildlife laws or any rule promulgated pursuant thereto, during a season or time
of year other than as set forth in the finding of the State Fish and Wildlife
Commission provided in ORS 496.162, the court in which the conviction occurs
shall order the commission to revoke all hunting licenses, tags and permits
issued to that person pursuant to the wildlife laws. Revocation of licenses,
tags and permits is in addition to and not in lieu of other penalties provided
by law.
     (2) No person who has been convicted of
conduct described in subsection (1) of this section shall apply for, obtain or
possess any hunting license, tag or permit issued pursuant to the wildlife laws
within 24 months after the conviction. [1975 c.578 §2; 1977 c.350 §5; 1989
c.1056 §4]
     497.440 [Repealed by 1973 c.723 §130]
     497.441
Prohibited activities by those whose license, tag or permit has been revoked. No person who has had a license, tag or
permit revoked pursuant to ORS 497.415 or 497.435 shall engage in the activity
for which the license, tag or permit is required:
     (1) During the remainder of the period for
which the license, tag or permit was issued; or
     (2) During the period for which the person
is prohibited by law from applying for or obtaining another such license, tag
or permit. [1981 c.86 §2]
     497.450 [Amended by 1959 c.692 §14; repealed by 1973
c.723 §130]
     497.460 [Amended by 1959 c.692 §15; repealed by 1973
c.723 §130]
     497.470 [Repealed by 1973 c.723 §130]
     497.505 [Amended by 1957 c.259 §1; renumbered
496.006]
     497.510 [Amended by 1955 c.172 §1; 1959 c.329 §1;
1965 c.72 §1; repealed by 1973 c.723 §130]
     497.520 [Amended by 1955 c.171 §1; 1957 c.50 §1;
1959 c.329 §2; repealed by 1973 c.723 §130]
     497.530 [Amended by 1955 c.170 §1; 1959 c.329 §3;
1965 c.72 §2; repealed by 1973 c.723 §130]
     497.540 [Amended by 1955 c.173 §1; 1965 c.72 §3;
repealed by 1973 c.723 §130]
     497.550 [Repealed by 1955 c.280 §2]
     497.555 [1963 c.275 §1; repealed by 1973 c.723 §130]
     497.560 [Amended by 1967 c.278 §4; repealed by 1973
c.723 §130]
     497.570 [Repealed by 1973 c.723 §130]
     497.580 [Repealed by 1955 c.280 §2]
     497.590 [Repealed by 1973 c.723 §130]
     497.600 [Repealed by 1973 c.723 §130]
     497.610 [Amended by 1967 c.278 §5; repealed by 1973
c.723 §130]
     497.620 [Repealed by 1973 c.723 §130]
     497.625 [1963 c.275 §2; repealed by 1973 c.723 §130]
     497.630 [Repealed by 1955 c.280 §2]
     497.640 [Repealed by 1973 c.723 §130]
     497.650 [1955 c.280 §1; 1973 c.95 §4; repealed by
1973 c.723 §130]
     497.710 [Repealed by 1973 c.723 §130]
     497.720 [Repealed by 1973 c.723 §130]
     497.730 [Amended by 1967 c.166 §1; 1971 c.517 §1;
repealed by 1973 c.723 §130]
     497.740 [Amended by 1967 c.523 §8; repealed by 1973
c.723 §130]
     497.750 [Amended by 1959 c.204 §1; 1963 c.129 §1;
1967 c.523 §9; repealed by 1973 c.723 §130]
     497.760 [Amended by 1959 c.217 §1; 1967 c.501 §1;
1973 c.723 §59; renumbered 497.208]
     497.770 [Repealed by 1973 c.723 §130]
     497.780 [Amended by 1967 c.523 §10; repealed by 1973
c.723 §130]
     497.790 [Amended by 1967 c.523 §11; repealed by 1973
c.723 §130]
     497.800 [Repealed by 1973 c.723 §130]
     497.810 [Amended by 1953 c.365 §3; repealed by 1973
c.723 §130]
     497.820 [Amended by 1953 c.365 §3; repealed by 1973
c.723 §130]
     497.830 [Repealed by 1973 c.723 §130]
     497.840 [1965 c.224 §1; 1971 c.62 §1; 1973 c.723 §57;
renumbered 497.162]
     497.990 [Subsection (7) of 1965 Replacement Part
enacted as 1955 c.295 §2; 1959 c.352 §2; subsection (8) of 1965 Replacement
Part enacted as 1961 c.335 §5; 1967 c.523 §2; repealed by 1973 c.723 §130]
_______________
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