2007 Oregon Code - Chapter 498 :: Chapter 498 - Hunting - Angling and Trapping Regulations - Miscellaneous Wildlife Protective
Chapter 498 —
Hunting, Angling and Trapping Regulations;
Miscellaneous
Wildlife Protective Measures
2007 EDITION
HUNTING, ANGLING AND WILDLIFE REGULATIONS
WILDLIFE
GENERAL PROTECTIVE PROVISIONS
498.002Â Â Â Â Wildlife
as state property; taking, angling, hunting or trapping in violation of
wildlife law or rules prohibited
498.006Â Â Â Â Chasing
or harassing wildlife prohibited
498.012Â Â Â Â Taking
wildlife causing damage, posing public health risk or that is public nuisance
498.016Â Â Â Â Taking
crippled or helpless wildlife
498.019Â Â Â Â Purchase,
sale or exchange of hides, antlers and other parts of deer, elk and antelope;
records required
498.022Â Â Â Â Purchase,
sale or exchange of wildlife prohibited
498.026Â Â Â Â Transaction
in threatened or endangered wildlife species prohibited
498.029Â Â Â Â Purchase,
sale or exchange of fox, skunk or raccoon prohibited; exceptions
498.032Â Â Â Â Angling
or hunting for compensation in violation of wildlife laws or rules prohibited
498.036Â Â Â Â Possession
in field of skinned or plucked wildlife prohibited
498.042Â Â Â Â Removal
of parts of wildlife and waste of wildlife prohibited
498.046Â Â Â Â Making
toxic substances accessible to wildlife prohibited
498.052Â Â Â Â Releasing
domestically raised or imported wildlife without permit prohibited
498.056Â Â Â Â Aiming
rifle from moving motor vehicle prohibited
HUNTING AND TRAPPING RESTRICTIONS
498.102Â Â Â Â Use
of dogs to hunt or track game mammals or birds
498.106Â Â Â Â Competitive
field trials for hunting dogs
498.112Â Â Â Â Use
of live birds for competitive shooting prohibited
498.120Â Â Â Â Hunting
on anotherÂ’s cultivated or enclosed land
498.126Â Â Â Â Hunting
or assisting others to hunt or locate game animals or birds by aircraft
prohibited; exemption; rules
498.136Â Â Â Â Hunting
from motor-propelled vehicle restricted; rules
498.142Â Â Â Â Hunting
with artificial light restricted; rules
498.146Â Â Â Â Shining
artificial light on game mammal, predatory animal or livestock while in or near
motor vehicle and while in possession of weapon restricted
498.152Â Â Â Â Agreements
restricting parking or use of motor vehicles on certain lands
498.153Â Â Â Â Parking
vehicle in violation of restrictions; vehicle owner subject to penalty; defense
498.154Â Â Â Â Notice
adequate to charge defendant; delivery or posting; jurisdiction
498.155Â Â Â Â Failure
to appear; issuance of warrant
498.158Â Â Â Â Hunting
or trapping wildlife in certain governmental districts restricted
498.164Â Â Â Â Use
of dogs or bait to hunt black bears or cougars; prohibitions; exemptions;
penalties; rules
498.166Â Â Â Â Bears
or cougars posing threat to human safety
498.170Â Â Â Â Hunters
who have a visual impairment
498.172Â Â Â Â Trap
check requirements
ANGLING RESTRICTIONS; FISH PROTECTIVE
PROVISIONS
498.208Â Â Â Â Use
of electricity or foreign substances to take game fish prohibited; rules
498.216Â Â Â Â Angling
from fishways restricted; rules
498.222Â Â Â Â Transportation
or release of fish without permit prohibited
498.228Â Â Â Â Possession
of fish taken outside state restricted
498.234Â Â Â Â Protection
of finfish and shellfish from introduction of disease; rules; exceptions; rules
498.242Â Â Â Â Possession
of walking catfish and piranha restricted
498.247Â Â Â Â Protection
of juvenile salmonids from cormorants
ANGLING CONTESTS
498.279Â Â Â Â Black
bass and walleye angling contests; rules
498.286Â Â Â Â Prize
limitation
SCREENING AND BY-PASS DEVICES FOR WATER
DIVERSIONS OR OBSTRUCTIONS
498.301Â Â Â Â Policy
498.306Â Â Â Â Screening
or by-pass devices for water diversions; fees; costs
498.316Â Â Â Â Exemption
from screening or by-pass devices
498.321Â Â Â Â Screening
or by-pass standards
498.326Â Â Â Â Department
guidelines for screening and by-pass projects; expenditure of funds
498.336Â Â Â Â Statutes
not construed to limit ability to acquire funding for screening or by-pass
devices
498.341Â Â Â Â Additional
funding
498.346Â Â Â Â Injunction
to require compliance with screening or by-pass requirements
OUTDOOR CLUB REGULATION
498.400Â Â Â Â Definitions
for ORS 498.400 to 498.464
498.406Â Â Â Â License
to operate certain outdoor clubs required; promotional activities for sale of
membership without license prohibited
498.412Â Â Â Â Application
of ORS 498.406
498.418Â Â Â Â License
application; form; fee
498.424Â Â Â Â Report
to commission required; suspension of license pending investigation of reported
information
498.432Â Â Â Â Notice
to applicant upon receipt of license application; order granting or denying
license; procedure
498.438Â Â Â Â Investigatory
power of commission over outdoor clubs required to be licensed
498.444Â Â Â Â Information
developed in licensing process as public record
498.452Â Â Â Â Grounds
for denial or revocation of license
498.458Â Â Â Â Term
of license; renewal fee
498.464Â Â Â Â Commission
authority to restrain violations of outdoor club laws
PENALTIES
498.993Â Â Â Â 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 anotherÂ’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 departmentÂ’s behalf and, subject to the departmentÂ’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 departmentÂ’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
     (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,
     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.
     (C) Attacking a pet or domestic animal as
defined in ORS 167.310.
     (D) Loss of wariness of humans, displayed
through repeated sightings of the animal during the day near a permanent
structure, permanent corral or mobile dwelling used by humans at an
agricultural, timber management, ranching or construction site. [2001 c.431 §2]
     Note: 498.166 was added to and made a part of the
wildlife laws by legislative action but was not added to ORS chapter 498 or any
smaller series therein. See Preface to Oregon Revised Statutes for further
explanation.
     498.170
Hunters who have a visual impairment. (1) A person who does not have a visual impairment and who accompanies
a hunter who possesses a visually impaired hunter license may:
     (a) Assist the hunter in selecting a game
animal or bird;
     (b) Assist the aiming or sighting of a
firearm;
     (c) Advise the hunter when to fire a
firearm;
     (d) Shoot a game animal or bird on behalf
of the hunter while in the immediate presence of the hunter; and
     (e) Tag and retrieve game animals and
birds on behalf of the hunter.
     (2) The person accompanying a hunter who
has a visual impairment shall be required to possess a valid hunting license.
The person accompanying a hunter who has a visual impairment may also hunt game
animals or birds if the person possesses the appropriate tags, permits and
stamps for the area and time period.
     (3) A hunter who possesses a visually
impaired hunter license must comply with all other tag, permit and stamp
requirements of the State Fish and Wildlife Commission and applicable hunting
laws.
     (4) As used in this section, “hunter who
has a visual impairment” means a person who files proof with the commission
that the personÂ’s central visual acuity does not exceed 20/200 in the better
eye with best correction or that the personÂ’s visual acuity, if better than
20/200, is accompanied by a limit to the field of vision to such a degree that
its widest diameter subtends an angle of no greater than 20 degrees. [1997
c.407 §1; 2007 c.70 §279]
     Note: 498.170 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 498 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     498.172
Trap check requirements. (1)
A person holding a license issued under ORS 497.142 may not set a trap for
fur-bearing mammals without checking the trap at least once during each 48-hour
period.
     (2) A person may not set a trap for a
predatory animal, as defined in ORS 610.002, without checking the trap on a
regular basis. [2001 c.562 §2]
     Note: 498.172 was added to and made a part of the
wildlife laws by legislative action but was not added to ORS chapter 498 or any
smaller series therein. See Preface to Oregon Revised Statutes for further
explanation.
     498.202 [1973 c.723 §91; 1981 c.510 §1; repealed by
1997 c.12 §2]
     498.205 [Amended by 1973 c.723 §109; renumbered
501.400]
ANGLING
RESTRICTIONS; FISH PROTECTIVE PROVISIONS
     498.208
Use of electricity or foreign substances to take game fish prohibited; rules. (1) Except as the State Fish and Wildlife
Commission by rule may provide otherwise, no person shall:
     (a) Use in any body of water any electric
current that may attract, frighten, retard, stun, kill or obstruct the movement
of any game fish.
     (b) Place in any body of water any foreign
substance such as blood or fish offal or any gas, chemical, drug or powder that
may attract, frighten, retard, stun, kill or obstruct the movement of any game
fish.
     (c) Use in any body of water any explosive
device for the purpose of taking game fish.
     (2) No person shall possess any game fish
that the person knows or has reason to know was taken in violation of subsection
(1) of this section. [1973 c.723 §92]
     498.210 [Amended by 1973 c.723 §110; renumbered
501.405]
     498.215 [Amended by 1973 c.723 §111; renumbered
501.425]
     498.216
Angling from fishways restricted; rules. Except as the State Fish and Wildlife Commission by rule may provide
otherwise, no person shall trespass upon or angle from any fishway or angle
within an area of a body of water bounded by a line extending across the body
of water 200 feet above the upper end of a fishway and a line across the body of
water 200 feet below the lower end of a fishway. [1973 c.723 §93]
     498.220 [Repealed by 1973 c.723 §130]
     498.222
Transportation or release of fish without permit prohibited. (1) No person shall:
     (a) Transport any live fish unless the
person has first obtained a permit therefor from the State Fish and Wildlife
Commission.
     (b) Release or attempt to release into any
body of water any live fish that was not taken from that body of water, unless
the person has first obtained a permit therefor from the commission.
     (2) The commission may refuse to issue the
permit referred to in subsection (1)(b) of this section if the commission finds
that release of the fish into a body of water would adversely affect existing
fish populations.
     (3) Subsection (1)(a) of this section does
not apply to live fish that are for aquaria use. [1973 c.723 §94]
     498.225 [Amended by 1965 c.20 §1; repealed by 1973
c.723 §130]
     498.228
Possession of fish taken outside state restricted. (1) Except as provided in subsection (2) of
this section:
     (a) No person shall possess or import into
this state from the waters of the
     (b) No person shall possess or import into
this state from any waters beyond the boundaries of this state any game fish in
excess of the amount prescribed by the wildlife laws or rules promulgated pursuant
thereto.
     (2) Subsection (1) of this section does
not apply to:
     (a) The possession or importation of fish
taken pursuant to the commercial fishing laws; or
     (b) The possession or importation of fish
taken in the waters of another state, a territory of the United States or a
foreign country pursuant to the laws of such state, territory or foreign
country. [1973 c.723 §95]
     498.230 [Repealed by 1973 c.723 §130]
     498.234
Protection of finfish and shellfish from introduction of disease; rules; exceptions;
rules. (1) The State Fish
and Wildlife Commission shall, by rule, establish a program to protect all
finfish and shellfish in waters of this state, both public and private, from
infection by the introduction of detrimental fish diseases.
     (2) Rules adopted under subsection (1) of
this section shall not apply to live aquaria species imported or transported
for aquaria use unless those species are reared in facilities from which
effluent directly enters waters of this state.
     (3) The requirements of subsection (1) of
this section are in addition to any other requirement of law, or rule
promulgated pursuant thereto, regarding the importation into this state of live
game fish or game fish eggs. [1973 c.723 §96; 1987 c.294 §1]
     498.235 [Repealed by 1973 c.723 §130]
     498.240 [Amended by 1967 c.523 §13; repealed by 1973
c.723 §130]
     498.242
Possession of walking catfish and piranha restricted. (1) Except as provided in subsections (2)
and (3) of this section, no person shall possess any live fish of the various
species:
     (a) Of the family Clariidae, commonly
known as walking catfish; or
     (b) Of the subfamily Serrasalminae of the
family Characidae, commonly known as caribe or piranha.
     (2) A public park, zoo, museum or
educational institution may possess any of the fish referred to in subsection
(1) of this section for educational, medical, scientific or exhibition purposes
if the organization first obtains a permit from the State Fish and Wildlife
Commission. The commission may refuse to issue the permit if the commission
finds that the organization requesting the permit has physical facilities for
holding the fish that are inadequate to prevent their escape from confinement.
     (3) Subsections (1) and (2) of this
section do not prohibit the possession or require a permit for the possession
of live fish that are of the genera Pygocentrus, Serrasalmus or Pristobrycon
that are carnivorous fish in the subfamily Serrasalminae, from the family
Characidae, commonly known as piranha or caribe. [1973 c.723 §97; 1995 c.355 §1]
     498.245 [Repealed by 1959 c.352 §5]
     498.246 [1995 s.s. c.3 §41a; repealed by 1996 c.7 §2
(498.247 enacted in lieu of 498.246)]
     498.247
Protection of juvenile salmonids from cormorants. (1) The State Fish and Wildlife Commission
shall issue not more than three permits annually for activities involving the
protection of juvenile salmonids from cormorants (Phalacrocoracidae) on
     (2) Activities authorized under the
permits shall not include the killing, trapping or other taking of cormorants.
     (3) Persons to whom permits are issued may
subcontract with others for the performance of protection activities. [1996 c.7
§3 (enacted in lieu of 498.246)]
     498.248 [1973 c.723 §98; 1987 c.488 §1; 1995 c.426 §5;
renumbered 498.311 in 1995]
     498.250 [Repealed by 1973 c.723 §130]
     498.252 [1989 c.933 §5; 1991 c.858 §3; repealed by
1995 c.426 §11]
     498.254 [1973 c.723 §99; repealed by 1987 c.488 §5]
     498.255 [Amended by 1957 c.253 §1; repealed by 1959
c.352 §5]
     498.256 [1989 c.933 §§6,7; 1995 c.426 §10;
renumbered 498.326 in 1995]
     498.260 [Repealed by 1959 c.352 §5]
     498.262 [1973 c.723 §100; 1987 c.488 §3; 1995 c.426 §8;
renumbered 498.316 in 1995]
     498.265 [Repealed by 1955 c.160 §1]
     498.268 [1973 c.723 §101; renumbered 498.351 in
1995]
     498.270 [Repealed by 1959 c.352 §5]
     498.272 [Formerly 498.145; repealed by 1973 c.723 §130]
     498.274 [1973 c.723 §102; 1987 c.488 §4; 1995 c.426 §9;
renumbered 498.346 in 1995]
     498.275 [Repealed by 1959 c.352 §5]
     498.276 [1991 c.858 §9; renumbered 498.336 in 1995]
ANGLING
CONTESTS
     498.279
Black bass and walleye angling contests; rules. (1) A person, or group of persons, may
conduct, sponsor and participate in any competition or contest in which prizes
are offered for the amount, quality, size, weight or other physical
characteristics of black bass or walleye, provided that the rules of a
competition or contest are prepared and distributed by the sponsors to the
contestants and are administered and enforced by the sponsors. Such rules shall
include, but are not limited to:
     (a) A requirement that the contestants use
aerated live wells or other equipment so that all reasonable efforts are made
to maintain the fish taken in a live and healthy condition.
     (b) A requirement that all fish caught
that are in a healthy condition are immediately returned to the water where
they were caught, after weighing. Black bass may be turned over to the State
Department of Fish and Wildlife for restocking.
     (c) A requirement that bass tournament
contestants use only artificial or other such prepared baits.
     (2) As used in this section, “black bass”
means largemouth bass, smallmouth bass, redeye bass, spotted bass and all other
basses of the genus Micropterus.
     (3) The State Fish and Wildlife Commission
may adopt rules to limit the number of contests and participants, determine the
location of contests and prescribe other terms and conditions regarding the
conduct of contests under this section. [1981 c.510 §3; 1985 c.562 §1; 1987
c.299 §1; 2001 c.186 §1]
     498.280 [Repealed by 1973 c.723 §130]
     498.284 [1989 c.373 §2; repealed by 2001 c.186 §3]
     498.285 [Repealed by 1973 c.723 §130]
     498.286
Prize limitation. (1) Except
as provided in subsection (2) of this section and ORS 498.279, no person shall
conduct, sponsor or participate in any competition or contest in which any
prize of a retail value of more than $1,000 is offered for the amount, quality,
size, weight or other physical characteristic of game fish taken.
     (2) When a prize is offered that exceeds
$1,000 for the amount, quality, size, weight or other physical characteristic
of a game fish taken, the State Fish and Wildlife Commission, by rule, may
limit the number of contests and participants, determine the location of
contests and prescribe other terms and conditions regarding the conduct of
contests. [1989 c.373 §4; 1997 c.12 §1; 2001 c.186 §2]
     498.290 [1961 c.129 §1; repealed by 1973 c.723 §130]
     498.295 [Repealed by 1957 c.235 §1]
     498.300 [Repealed by 1959 c.352 §5]
SCREENING AND
BY-PASS DEVICES FOR WATER DIVERSIONS OR OBSTRUCTIONS
     498.301
Policy. It is the policy of
the State of
     498.305 [Repealed by 1959 c.352 §5]
     498.306
Screening or by-pass devices for water diversions; fees; costs. (1) Any person who diverts water from any
body of water in this state in which any fish, subject to the State Fish and
Wildlife CommissionÂ’s regulatory jurisdiction, exist may be required to
install, operate and maintain screening or by-pass devices to provide adequate
protection for fish populations present at the water diversion in accordance
with the provisions of this section.
     (2)(a) The State Department of Fish and
Wildlife shall establish a cost-sharing program to implement the installation
of screening or by-pass devices on not less than 150 water diversions or 150
cubic feet per second of diverted water per biennium. The department shall
select the water diversions to be screened from the priority listing of
diversions established by the department and reviewed by the Fish Screening
Task Force. The installation of a screening or by-pass device may be required
only if:
     (A) The water diversion is 30 cubic feet
per second or more;
     (B) A new water right is issued for the
water diversion;
     (C) The point of water diversion is
transferred as described in ORS 540.525;
     (D) Fewer than 150 persons per biennium
volunteer to request such installation on the diversions for which they are
responsible; or
     (E) The Fish Screening Task Force has
reviewed and approved the departmentÂ’s request to require installation of
screening or by-pass devices in order to complete the screening of a stream
system or stream reach.
     (b) The limitations on the number of
diversions or cubic feet per second of diverted water to be screened as
provided in this section do not prevent the installation of screening and
by-pass devices for diversions by persons responsible for diversions who are
willing to pay the full cost of installing screening and by-pass devices.
     (c) Cost-sharing program funds may not be
provided under this subsection for screening or by-pass devices on a water
diversion involving water rights issued on or after January 1, 1996, unless the
Fish Screening Task Force finds there is good cause to allow an exception. The
department shall give preference to diversions of 30 cubic feet per second or
less when making cost-sharing program funds available.
     (3) When selecting diversions to be
equipped with screening or by-pass devices, the department shall attempt to
solicit persons who may volunteer to request the installation of such devices
on the diversions for which they are responsible. When selecting diversions to
be equipped with screening or by-pass devices, the department shall select
those diversions that will provide protection to the greatest number of
indigenous naturally spawning fish possible.
     (4) If the department constructs and
installs the screening or by-pass device, a fee shall be assessed against the
person responsible for the diversion in an amount that does not exceed 40
percent of the construction and installation costs of the device. The fee shall
be paid into the Fish Screening Subaccount. If the person responsible for the
diversion constructs and installs the by-pass or screening device, the person
shall be reimbursed from the Fish Screening Subaccount or other state funds in
an amount that does not exceed 60 percent of the actual construction and
installation costs of the device.
     (5) The department’s cost of major
maintenance and repair of screening or by-pass devices shall be paid from the
Fish Screening Subaccount.
     (6) The department is responsible for
major maintenance and repair of screening or by-pass devices at water diversions
of less than 30 cubic feet per second, and if failure by the department to
perform major maintenance on or repair such devices results in damage or
blockage to the water diversion on which a device has been installed, the
person responsible for the water diversion shall give written notice of such
damage or blockage to the department. If within seven days of the notice, the
department fails to take appropriate action to perform major maintenance on or
repair the device, and to repair any damage that has occurred, the person
responsible for the water diversion may remove the device. If an emergency
exists that will result in immediate damage to livestock or crops, the person
responsible for the water diversion may remove the screening or by-pass device.
A person required to comply with this section is responsible for minor
maintenance and shall, in a timely manner, notify the department of the need
for activities associated with major maintenance.
     (7) A person who diverts water at a rate
of 30 cubic feet per second or more is responsible for all maintenance of an
installed screening or by-pass device.
     (8) A person required to comply with this
section may design, construct and install screening or by-pass devices adequate
to prevent fish from leaving the body of water and entering the diversion or
may request the department to design, construct and install such devices.
However, if a person required to comply with this section fails to comply
within 180 days after notice to comply by the department, the department shall
design, install, operate and maintain on that personÂ’s water diversion
appropriate screening or by-pass devices and shall charge and collect from the
person the actual costs thereof in an amount not to exceed the average cost for
diversions of that size.
     (9) If the diversion requiring screening
or by-pass devices is located on public property, the department shall obtain
from the property owner approval or permits necessary for such devices.
Activities of the department pursuant to this section may not interfere with
existing rights of way or easements of the person responsible for the
diversion.
     (10)(a) The department or its agent has
the right of ingress and egress to and from those places where screening or
by-pass devices are required, doing no unnecessary injury to the property of
the landowner, for the purpose of designing, installing, inspecting, performing
major maintenance on or repairing such devices.
     (b) If a screening or by-pass device
installed by the department must be removed or replaced due to inadequate
design or faulty construction, the person responsible for the diversion shall
bear no financial responsibility for its replacement or reconstruction.
     (c) If a screening or by-pass device
installed by the person responsible for the diversion must be removed or
replaced due to faulty construction, the person shall bear full financial
responsibility for its replacement or reconstruction.
     (d) If the person responsible for a
diversion on which a screening or by-pass device is installed fails to conduct
appropriate inspection and minor maintenance, the department may perform such
activities and charge and collect from the person responsible a fee not to
exceed $150 for each required visit to the location of the screening or by-pass
device.
     (e) If the department determines that a
person must install, operate, maintain, repair or replace a screening or
by-pass device under this section, the department shall notify the person, by
registered mail, of the specific action the person is required to take. The
person may request a contested case hearing before the State Fish and Wildlife
Commission, to be conducted as provided in ORS chapter 183.
     (11) A person may not interfere with,
tamper with, damage, destroy or remove in any manner not associated with
regular and necessary maintenance procedures any screening or by-pass devices
installed pursuant to this section.
     (12) The department may maintain an action
to cover any costs incurred by the department when a person who is required to
comply with this section fails to comply. Such action shall be brought in the
circuit court for the county in which the screening or by-pass device is
located.
     (13) Upon receiving notice from the
department to comply with this section, a person responsible for a water
diversion may be excused from compliance if the person demonstrates to the Fish
Screening Task Force that:
     (a) The installation and operation of
screening or by-pass devices would not prevent appreciable damage to the fish
populations in the body of water from which water is being diverted.
     (b) Installation and operation of
screening or by-pass devices would not be technically feasible.
     (c) Installation of screening or by-pass
devices would result in undue financial hardship.
     (14)(a) Not later than January 1, 1996,
the department, with the assistance of the Fish Screening Task Force and the
Water Resources Department, shall establish and publish an updated priority
listing of 3,500 water diversions in the state that should be equipped with screening
or by-pass devices. Changes may be made to the list whenever deletions are made
for any reason. The priority listing shall include the name and address of the
person currently responsible for the water diversion, the location of the
diversion, size of the diversion, type of screening or by-pass device required,
estimated costs for construction and installation of screening or by-pass
devices for the individual diversion and species of fish present in the water
body. When developing the priority listing, the department shall base
priorities for the installation of screening or by-pass devices on unscreened
diversions on the following criteria:
     (A) Fish species status.
     (B) Fish numbers.
     (C) Fish migration.
     (D) Diversion size.
     (E) Diversion amount.
     (F) Any other criteria that the
department, in consultation with the Fish Screening Task Force, considers
appropriate.
     (b) Criteria identified in this subsection
shall be given appropriate consideration by the department when updating its
priority listing. The priority listing will be updated to give the highest
priority to those diversions that save the greatest number of fish and
simultaneously protect the greatest number of threatened or endangered fish
species.
     (c) After the priority listing has been
updated, the persons responsible for the diversions on the list shall be
notified that their diversions appear on the list. Such persons also shall be
furnished a description of the fish screening cost-sharing program.
     (d)(A) The department shall notify, by
means of registered mail, each person responsible for the first 250 diversions
on the priority listing on or before January 1, 1996. The department shall
furnish information regarding the fish screening cost-sharing program to each
person responsible for a diversion included in the first 250 diversions on the
priority listing on or before January 1, 1996. A person may not be required to
install a screening or by-pass device unless previously notified by the
department of the requirement to install such devices.
     (B) On January 1 of each even-numbered
year, the department shall notify each person responsible for a diversion
included in the first 250 diversions on the priority listing. However, the
department is not required to notify in a subsequent year any person previously
notified. The department shall include with such notification information
regarding the fish screening cost-sharing program.
     (C) Before any person is required to
install a screening or by-pass device, the department shall confirm the need
for the device through a visual, on-site inspection by appropriate staff of the
fish screening division of the department, or a district biologist of the
department.
     (15) As used in this section:
     (a) “Behavioral barrier” means a system
that utilizes a stimulus to take advantage of natural fish behavior to attract
or repel fish. A behavioral barrier does not offer a physical impediment to
fish movement, but uses such means as electricity, light, sound or hydraulic
disturbance to move or guide fish.
     (b) “Body of water” includes but is not
limited to irrigation ditches, reservoirs, stock ponds and other artificially
created structures or impoundments.
     (c) “By-pass device” means any pipe,
flume, open channel or other means of conveyance that transports fish back to
the body of water from which the fish were diverted but does not include
fishways or other passages around a dam.
     (d) “Fish screen” means a screen, bar,
rack or other barrier, including related improvements necessary to ensure its
effective operation, to provide adequate protection for fish populations
present at a water diversion.
     (e) “Major maintenance” means all
maintenance work done on a screening or by-pass device other than minor
maintenance.
     (f) “Minor maintenance” means periodic inspection,
cleaning and servicing of screening or by-pass devices at such times and in
such manner as to ensure proper operation of the screening or by-pass device.
     (g) “Person” means any person,
partnership, corporation, association, municipal corporation, political
subdivision or governmental agency.
     (h) “Screening device” means a fish screen
or behavioral barrier. [1991 c.858 §2; 1993 c.478 §4; 1995 c.426 §1; 2005 c.22 §370;
2007 c.625 §1]
     498.310 [Repealed by 1973 c.723 §130]
     498.311 [Formerly 498.248; repealed by 2007 c.625 §16]
     498.315 [Repealed by 1973 c.723 §130]
     498.316
Exemption from screening or by-pass devices. ORS 498.306 does not require the installation of screening or by-pass
devices in those water diversions for which the State Fish and Wildlife
Commission, by contract or other form of agreement with the person diverting
the water, has made such other provision as the commission determines is
adequate for the protection of the game fish in the body of water from which
water is being diverted. [Formerly 498.262; 2007 c.625 §6]
     498.321
Screening or by-pass standards.
(1) In order to carry out the provisions of ORS 498.301 and 498.306, the
following minimum standards and criteria apply to actions of the State Fish and
Wildlife Commission and the State Department of Fish and Wildlife with regard
to fish screening or by-pass devices:
     (a) Standards and criteria shall address
the overall level of protection necessary at a given water diversion and may
not favor one technology or technique over another.
     (b) Standards and criteria shall take into
account at least the following factors relating to the fish populations present
at a water diversion:
     (A) The source of the population, whether
native or introduced and whether hatchery or wild.
     (B) The status of the population, whether
endangered, threatened or sensitive.
     (c) Standards and criteria may take into
account the cumulative effects of other water diversions on the fish
populations being protected.
     (d) Design and engineering recommendations
shall consider cost-effectiveness.
     (e) Alternative design and installation
proposals must be approved if they can be demonstrated to provide an equal
level of protection to fish populations as those recommended by the department.
     (2) In order to maximize effectiveness and
promote consistency relating to the protection of fish at nonhydroelectric
water diversions, the department shall establish a single organizational entity
to administer all agency activities related to fish screening and by-pass devices.
     (3) The department shall emphasize
cooperative effort and mutual understanding with those responsible for water
diversions that need fish screening or by-pass devices.
     (4) The department shall aggressively
investigate and encourage the development of new technologies and techniques to
provide protection for fish populations at water diversions in order to reduce
initial costs, reduce operating costs and improve cost-effectiveness. [1993
c.478 §3; 2005 c.22 §371]
     498.326
Department guidelines for screening and by-pass projects; expenditure of funds. (1) The State Department of Fish and
Wildlife shall establish guidelines to determine the need for and location of
potential fish screening and by-pass projects. The guidelines shall include a
plan to be used for determining priorities for and expected costs of installing
and maintaining the fish screening and by-pass devices.
     (2) Nothing in subsection (1) of this
section is intended to prevent the State Department of Fish and Wildlife from
expending federal or other funds if such funds become available for the
installation and maintenance of fish screening and by-pass projects. [Formerly
498.256]
     Note: 498.326 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 498 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     498.331 [1993 c.478 §11; 1995 c.426 §18; 2001 c.822 §9;
repealed by 2007 c.625 §16]
     498.336
Statutes not construed to limit ability to acquire funding for screening or
by-pass devices. Nothing in
ORS 498.306 or 509.585 shall be construed:
     (1) To limit the eligibility of a person
required to install and operate screening or by-pass devices to obtain funding
from the Water Development Fund pursuant to ORS 541.700 to 541.855.
     (2) To limit the acquisition or acceptance
of any federal funds available for the installation, operation, maintenance,
improvement or repair of screening or by-pass devices on water diversions in
this state. [Formerly 498.276; 2001 c.923 §6; 2007 c.625 §9]
     498.341
Additional funding.
Notwithstanding the limitations imposed by ORS 498.306, if sufficient funds are
made available in the Fish Screening Subaccount of the Fish and Wildlife
Account, by allocation from the Administrative Services Economic Development
Fund or from other sources, the State Department of Fish and Wildlife may
provide financial assistance for construction and installation of screening or
by-pass devices on additional water diversions. [1993 c.478 §8; 2001 c.822 §10;
2005 c.22 §372; 2007 c.625 §7]
     498.346
Injunction to require compliance with screening or by-pass requirements. The State Fish and Wildlife Commission may
maintain a suit to enjoin any person, including governmental agencies of this
state and political subdivisions of this state, from violating the provisions
of ORS 498.306. The circuit court for any county in which are situated any
waters in which any such violations are threatened has jurisdiction of the suit
authorized by this section. [Formerly 498.274; 2001 c.923 §7; 2007 c.625 §8]
     498.351 [Formerly 498.268; repealed by 2001 c.923 §21]
OUTDOOR CLUB
REGULATION
     498.400
Definitions for ORS 498.400 to 498.464. As used in ORS 498.400 to 498.464, unless the context requires otherwise:
     (1) “Advertise” means to make public
distribution by any means of communication any material relating to the sale of
membership in an outdoor club.
     (2) “Outdoor club” means a business entity
organized for profit that:
     (a) Conducts, or under whose authority is
conducted, hunting or angling or both hunting and angling activities
exclusively for its members and their guests; and
     (b) Engages in promotional plan activities
for the sale of membership in such club.
     (3) “Promotional plan” includes, but is
not limited to advertising. [1973 c.749 §2]
     498.405 [Repealed by 1973 c.723 §130]
     498.406
License to operate certain outdoor clubs required; promotional activities for
sale of membership without license prohibited. (1) Except as provided in ORS 498.412, no
person shall operate an outdoor club unless the person has a valid license for
such operation issued by the State Fish and Wildlife Commission, if the outdoor
club activities are to be conducted on land that is leased from the owners
thereof and if:
     (a) The members of the club are not
parties to the lease; and
     (b) The members of the club do not have
any financial or proprietary interest in the club.
     (2) No person required by subsection (1)
of this section to obtain a license to operate an outdoor club shall engage in
promotional plan activities for the sale of membership in the outdoor club
unless the person first obtains the license. [1973 c.749 §3]
     498.410 [Repealed by 1961 c.113 §2]
     498.412
Application of ORS 498.406.
ORS 498.406 does not apply to any landowner offering to sell recreational
access to property the landowner owns. [1973 c.749 §4]
     498.415 [Repealed by 1973 c.723 §130]
     498.418
License application; form; fee.
(1) A person who is required to obtain a license from the State Fish and
Wildlife Commission to operate an outdoor club shall submit to the commission
an application for such license, on a form approved by the commission, that
contains such information as the commission may require regarding the
ownership, financial condition and operation of the club and promotional plans
for sale of membership therein.
     (2) The application shall be accompanied
by a fee of $100. [1973 c.749 §5]
     498.420 [Repealed by 1973 c.723 §130]
     498.424
Report to commission required; suspension of license pending investigation of
reported information. (1) A
person who is licensed to operate an outdoor club shall report immediately to
the State Fish and Wildlife Commission any material changes in the information
required to be contained in the application.
     (2) Upon receipt of any such report, the
commission may suspend a license that has been issued for such time as the
commission considers necessary to adequately investigate and approve the
information submitted. [1973 c.749 §6]
     498.425 [Repealed by 1961 c.113 §2]
     498.430 [Amended by 1959 c.372 §1; repealed by 1973
c.723 §130]
     498.432
Notice to applicant upon receipt of license application; order granting or denying
license; procedure. (1) Upon
receipt in proper form of an application for a license to operate an outdoor
club, the State Fish and Wildlife Commission shall issue a notice of filing to
the applicant. Within 30 days from the date of the notice of filing, the
commission shall enter an order granting or denying the license. If the license
is denied, the commission shall give the applicant notice of the reasons
therefor.
     (2) If an order denying a license is not
entered within 60 days from the date of notice of filing of an application, a
license shall be considered granted unless the applicant has consented in
writing to a delay.
     (3) Orders of the commission regarding the
issuance, renewal, suspension or revocation of a license shall be issued and
reviewed in accordance with ORS chapter 183. [1973 c.749 §7]
     498.435 [Repealed by 1973 c.723 §130]
     498.438
Investigatory power of commission over outdoor clubs required to be licensed. The State Fish and Wildlife Commission may
cause to be investigated, to such extent as the commission considers
appropriate, the activities and operations of an outdoor club for which a
license to operate has been received, previously granted or previously denied.
The commissionÂ’s power to investigate includes, but is not limited to:
     (1) Contracting for investigative services
with, and receiving information and recommendations from, any other agency or
political subdivision of this state, another state or of the
     (2) Making on-site inspections of all
lands upon which outdoor club activities are to be conducted. [1973 c.749 §8]
     498.440 [Repealed by 1961 c.113 §2]
     498.444
Information developed in licensing process as public record. Each application to the State Fish and
Wildlife Commission for a license to operate an outdoor club, all information
submitted with the application, and all information obtained by the commission
through investigation of applications, is a public record. [1973 c.749 §9]
     498.445 [Amended by 1961 c.113 §1; repealed by 1973
c.723 §130]
     498.450 [Repealed by 1973 c.723 §130]
     498.452
Grounds for denial or revocation of license. The State Fish and Wildlife Commission may refuse to issue or renew a
license to operate an outdoor club, or may revoke a license that has been
previously issued if the commission finds:
     (1) Failure by the outdoor club or person
advertising the sale of membership in the outdoor club to comply with the
provisions of ORS 498.400 to 498.464 and 498.993 or any rule promulgated
pursuant thereto;
     (2) That the promotional plan for the sale
of outdoor club membership is false, deceptive or misleading, or that the
promotional plan for the sale of membership is not in conformity with the plan
submitted with the license application and approved by the commission;
     (3) That any land upon which it has been
represented that outdoor club activities are to be conducted is unsuitable for
the purposes for which represented;
     (4) That any obligation, guaranty or
warranty to members of the club by the outdoor club that was included in the
promotional plan for the sale of membership or in the contract or other documents
relating to membership is not being fulfilled or that adequate financial
arrangements to secure performance of such obligations, guaranties or
warranties has not been made; or
     (5) That the proposed outdoor club
activities would have adverse effect upon existing wildlife populations or
habitat or upon wildlife-oriented recreation. [1973 c.749 §10]
     498.455 [Repealed by 1961 c.113 §2]
     498.458
Term of license; renewal fee.
A license to operate an outdoor club expires one year from the date of its
issuance. A person who desire to renew a license shall submit an application
therefor to the State Fish and Wildlife Commission, together with a fee of
$100. The application shall be in such form, contain such information and be
submitted at such time as the commission prescribes. [1973 c.749 §11]
     498.460 [Repealed by 1973 c.723 §130]
     498.464
Commission authority to restrain violations of outdoor club laws. (1) Whenever the State Fish and Wildlife
Commission has cause to believe that any person is engaged in or is about to
engage in any acts or practices that constitute a violation of ORS 498.400 to
498.464 and 498.993, or any rule promulgated pursuant thereto, that requires
immediate action to protect the wildlife resources of this state, the
commission shall institute actions or proceedings for legal or equitable
remedies to restrain the violation or threatened action.
     (2) The actions or proceedings authorized
by subsection (1) of this section may be instituted without necessity of a
prior administrative proceeding, or at any time during an administrative
proceeding if a proceeding has been commenced. [1973 c.749 §12; 1979 c.284 §160]
     498.465 [1957 c.251 §1; repealed by 1973 c.723 §130]
     498.505 [Repealed by 1973 c.723 §130]
     498.510 [Amended by 1965 c.73 §1; repealed by 1973
c.723 §130]
     498.515 [Repealed by 1973 c.723 §130]
     498.520 [Repealed by 1973 c.723 §130]
     498.525 [Repealed by 1973 c.723 §130]
     498.530 [Repealed by 1973 c.723 §130]
     498.535 [Repealed by 1973 c.723 §130]
     498.540 [Repealed by 1973 c.723 §130]
     498.545 [Repealed by 1973 c.723 §130]
     498.550 [Repealed by 1973 c.723 §130]
     498.555 [Repealed by 1973 c.723 §130]
     498.560 [Repealed by 1973 c.723 §130]
     498.565 [Repealed by 1973 c.723 §130]
     498.570 [Repealed by 1973 c.723 §130]
     498.575 [Amended by 1967 c.594 §5; 1971 c.359 §1;
repealed by 1973 c.723 §130]
     498.577 [1959 c.341 §1; 1963 c.295 §1; repealed by
1973 c.723 §130]
     498.580 [Repealed by 1973 c.723 §130]
     498.585 [Repealed by 1973 c.723 §130]
     498.590 [Repealed by 1973 c.723 §130]
     498.605 [Repealed by 1973 c.723 §130]
     498.610 [Repealed by 1973 c.723 §130]
     498.615 [Repealed by 1973 c.723 §130]
     498.620 [Repealed by 1973 c.723 §130]
     498.625 [Amended by 1959 c.529 §3; repealed by 1973
c.723 §130]
     498.630 [Repealed by 1969 c.15 §1]
     498.635 [Amended by 1955 c.78 §1; repealed by 1973
c.723 §130]
     498.640 [Amended by 1955 c.62 §1; repealed by 1973
c.723 §130]
     498.641 [1955 c.507 §1; 1959 c.235 §1; repealed by
1973 c.723 §130]
     498.645 [Repealed by 1955 c.65 §2]
     498.646 [1955 c.65 §1; repealed by 1973 c.723 §130]
     498.650 [Repealed by 1973 c.723 §130]
     498.655 [1965 c.201 §1; repealed by 1973 c.723 §130]
     498.660 [1965 c.201 §§2,3; repealed by 1973 c.723 §130]
     498.665 [1965 c.201 §4; repealed by 1973 c.723 §130]
     498.705 [Repealed by 1973 c.723 §130]
     498.710 [Repealed by 1973 c.723 §130]
     498.715 [Repealed by 1973 c.723 §130]
     498.720 [Repealed by 1973 c.723 §130]
     498.725 [Repealed by 1973 c.723 §130]
     498.730 [Amended by 1955 c.707 §44; 1965 c.167 §1;
repealed by 1973 c.723 §130]
     498.732 [1955 c.707 §46; repealed by 1973 c.723 §130]
     498.735 [Amended by 1955 c.707 §47; repealed by 1973
c.723 §130]
     498.740 [Amended by 1955 c.707 §48; repealed by 1973
c.723 §130]
     498.745 [Repealed by 1973 c.723 §130]
     498.750 [Repealed by 1973 c.723 §130]
     498.805 [1961 c.663 §1; repealed by 1973 c.723 §130]
     498.810 [1961 c.663 §§2,3; repealed by 1973 c.723 §130]
     498.815 [1961 c.663 §§4,5,6; repealed by 1973 c.723 §130]
     498.820 [Formerly 498.025; repealed by 1973 c.723 §130]
PENALTIES
     498.990 [Subsection (5) of 1965 Replacement Part
enacted as 1953 c.184 §4; subsection (1) of 1965 Replacement Part enacted as
1955 c.506 §2; 1959 c.352 §3; 1967 c.523 §3; subsection (2) enacted as 1971
c.223 §4; repealed by 1973 c.723 §130]
     498.992 [Amended by 1959 c.352 §4; repealed by 1967
c.523 §14]
     498.993
Penalty for violation of outdoor club laws. Violation of any provision of ORS 498.029 or 498.400 to 498.464 is a
Class A violation, if committed by an individual. If the violation is committed
by any person other than an individual, violation of any provision of ORS
498.029 or 498.400 to 498.464 is a violation punishable by a fine not to exceed
$10,000. [1973 c.749 §13; 1979 c.560 §3; 1999 c.1051 §195]
     498.994 [Repealed by 1967 c.523 §14]
     498.996 [Repealed by 1967 c.523 §14]
     498.997 [1955 c.507 §2; 1959 c.235 §2; subsection
(2) of 1965 Replacement Part enacted as 1965 c.201 §5; repealed by 1967 c.523 §14]
     498.998 [Repealed by 1967 c.523 §14]
     498.999 [1961 c.663 §7; repealed by 1967 c.523 §14]
_______________
CHAPTERS 499 AND 500
[Reserved for expansion]
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