There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 12, Chapters 471 - 535
ORS Chapter 496
- 496.002 Short title.
- 496.004 Definitions.
- 496.005 [Repealed by 1973 c.723 130]
- 496.006 [Formerly 497.505; 1961 c.343 1; 1967 c.594 1; 1971 c.658 1; repealed by 1973 c.723 130]
- 496.007 Game bird defined.
- 496.008 [1957 c.268 1; repealed by 1973 c.723 130]
- 496.009 Game fish defined.
- 496.010 [Amended by 1953 c.379 2; 1957 c.250 1; 1959 c.364 1; 1963 c.30 1; repealed by 1973 c.723 130]
- 496.012 Wildlife policy.
- 496.015 [Amended by 1959 c.578 1; repealed by 1973 c.723 130]
- 496.016 Applicability of wildlife laws to commercial fishing laws.
- 496.018 Person with disability under wildlife laws.
- 496.020 [Amended by 1957 c.55 1; 1957 c.471 1; 1967 c.431 1; repealed by 1973 c.723 130]
- 496.025 [Amended by 1965 c.149 1; repealed by 1973 c.723 130]
- 496.030 [Repealed by 1973 c.723 130]
- 496.032 [1971 c.658 31; repealed by 1973 c.723 130]
- 496.035 [Repealed by 1973 c.723 130]
- 496.040 [1953 c.184 1; repealed by 1973 c.723 130]
- 496.045 [1953 c.184 2; repealed by 1973 c.723 130] STATE DEPARTMENT OF FISH AND WILDLIFE; COMMISSION; DIRECTOR; DUTIES AND POWERS GENERALLY
- 496.080 State Department of Fish and Wildlife.
- 496.085 Fish Screening Task Force; qualifications of members; duties.
- 496.090 State Fish and Wildlife Commission; members; terms; qualifications; compensation and expenses.
- 496.100 [1973 c.723 8; 1973 c.792 20a; repealed by 1975 c.253 40]
- 496.105 [Repealed by 1973 c.723 130]
- 496.108 Commission officers; quorum; meetings.
- 496.110 [Repealed by 1973 c.723 130]
- 496.112 State Fish and Wildlife Director; term; compensation and expenses; delegation of commission powers to director.
- 496.115 [Repealed by 1975 c.253 40]
- 496.116 Delegation of rulemaking authority to director; requirements.
- 496.118 Duties and powers of director.
- 496.120 [Amended by 1967 c.290 3; 1969 c.314 59; repealed by 1973 c.723 130]
- 496.121 Authority of department to require fingerprints.
- Note: 496.121 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 496.122 [1973 c.723 10; repealed by 1975 c.253 40]
- 496.124 Fish Division; Wildlife Division; authority.
- 496.125 [Repealed by 1973 c.723 130]
- 496.128 Reports by commission.
- 496.130 [Amended by 1959 c.371 1; 1963 c.154 1; 1965 c.74 1; repealed by 1973 c.723 130]
- 496.132 [1985 c.60 5; repealed by 1993 c.659 9]
- 496.135 [Repealed by 1973 c.723 130]
- 496.138 General duties and powers; rulemaking authority; hearing prior to budget request to Governor.
- 496.140 [Repealed by 1973 c.723 130]
- 496.141 Fish screening program report.
- 496.145 [Repealed by 1973 c.723 130]
- 496.146 Additional powers of commission; rules; fees; penalties.
- Note: Section 2, chapter 460, Oregon Laws 1995, provides:
- Sec. 2.
- 496.150 [Repealed by 1973 c.723 130]
- 496.151 Allocation of nonresident tags for outfitters and guides.
- 496.154 Limitation on authority to condemn certain farm use property.
- 496.155 [Amended by 1967 c.454 86; repealed by 1973 c.723 130]
- 496.156 Expenditure priority for anadromous fish management.
- 496.160 [Amended by 1971 c.658 2; repealed by 1973 c.723 130]
- 496.162 Establishing seasons, amounts and manner of taking wildlife; rules.
- 496.164 Cooperation with public and private agencies for fish and wildlife management; technical information and policy recommendations; use of recommendations by state agencies.
- 496.165 [Repealed by 1973 c.723 130]
- 496.166 Citizen involvement for wildlife management on private lands.
- 496.170 [Amended by 1971 c.658 3; repealed by 1973 c.723 130] THREATENED OR ENDANGERED WILDLIFE SPECIES
- 496.171 Definitions for ORS 496.171 to 496.182; applicability date.
- 496.172 Commission management authority for threatened or endangered species; rules.
- 496.175 [Amended by 1971 c.658 4; repealed by 1973 c.723 130]
- 496.176 Listing species; procedure; matters to be considered; periodic review.
- 496.180 [Amended by 1971 c.658 5; repealed by 1973 c.723 130]
- 496.182 Protection and conservation programs; compliance by state agencies; rules.
- 496.185 [Repealed by 1973 c.723 130]
- 496.190 [Amended by 1963 c.154 2; 1965 c.74 2; repealed by 1973 c.723 130]
- 496.192 Effect of law on commercial forestland or other private land; effect on other laws.
- 496.195 [Amended by 1959 c.371 2; 1961 c.343 2; 1965 c.74 3; 1967 c.594 3; repealed by 1973 c.723 130]
- 496.200 [Repealed by 1973 c.723 130] SALMON FOR INDIAN CEREMONIES
- 496.201 Department to furnish salmon for ceremonies; amount; source.
- 496.205 [Amended by 1961 c.343 3; repealed by 1973 c.723 130]
- 496.206 Written request for salmon; contents; time for providing salmon.
- 496.210 [Repealed by 1973 c.723 130]
- 496.211 Limitation on amount and use.
- 496.215 [Repealed by 1973 c.723 130]
- 496.216 Disposition of salmon remaining after ceremony.
- 496.220 [Repealed by 1973 c.723 130]
- 496.221 ORS 496.201 to 496.221 not intended to extend Indian legal or political rights.
- 496.225 [Repealed by 1973 c.723 130] ACCESS AND HABITAT BOARD
- 496.228 Access and Habitat Board; qualification of members; expenses; term; meetings.
- 496.230 [1957 c.119 2; repealed by 1973 c.723 130]
- 496.232 Board to make program recommendations; commission approval; report; fund expenditure qualifications; gifts and grants.
- 496.235 [Repealed by 1973 c.723 130]
- 496.236 Advisory councils to board; duties; no compensation or expenses for members.
- 496.240 [Amended by 1959 c.371 3; 1963 c.154 3; 1965 c.74 4; repealed by 1973 c.723 130]
- 496.242 Access and habitat program funds.
- 496.245 [Repealed by 1973 c.723 130] HUNTING ON PUBLIC LANDS
- 496.246 Use of public lands for hunting; requirements regarding closure of access to public lands; exceptions.
- 496.250 [Repealed by 1971 c.418 23]
- 496.260 [1981 c.720 22; repealed by 2011 c.83 24]
- 496.265 [1981 c.720 23; 1989 c.924 8; repealed by 2011 c.83 24] FISH AND WILDLIFE HABITAT IMPROVEMENT
- 496.270 Immunity from liability for damages resulting from habitat or water quality improvement project; exceptions.
- Note: 496.270 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. FISH RESOURCE PROTECTION, RESTORATION AND ENHANCEMENT (Salmon)
- 496.275 Salmon resource protection and restoration; review of public and private production facilities; approval of production facilities by department.
- 496.280 Findings.
- Note: 496.280 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 496.283 Use of moneys from surcharges; limitations on expenditures.
- 496.286 Restoration and Enhancement Board.
- 496.289 Duties of board; report to legislature; recommendations for programs.
- 496.291 Advisory councils; recommendations to board; consultation with councils.
- Note: Section 1, chapter 461, Oregon Laws 2003, provides:
- Sec. 1.
- 496.300 State Wildlife Fund; sources; uses.
- 496.303 Fish and Wildlife Account; sources; subaccounts; uses.
- Note: 496.303 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 496.305 [Amended by 1959 c.692 6; 1971 c.446 1; repealed by 1973 c.723 130]
- 496.306 Compensation for damage done by bear and cougar not to be paid from State Wildlife Fund.
- 496.310 [Amended by 1959 c.692 7; repealed by 1967 c.451 32]
- 496.311 Limitation on size of revolving fund.
- 496.315 [Amended by 1959 c.692 8; 1967 c.451 23; 1971 c.446 2; repealed by 1973 c.723 130]
- 496.320 [Amended by 1959 c.692 9; 1971 c.446 3; 1971 c.658 6; repealed by 1973 c.723 130]
- 496.325 [Amended by 1971 c.446 4; 1971 c.658 6a; repealed by 1973 c.723 130]
- 496.330 [Amended by 1971 c.658 7; repealed by 1973 c.723 130]
- 496.335 [Repealed by 1973 c.723 130]
- 496.340 Payments to counties in lieu of taxes.
- 496.345 [1959 c.692 5; 1963 c.481 1; part renumbered 506.345; repealed by 1971 c.446 11] NONGAME WILDLIFE
- 496.375 Nongame wildlife defined.
- 496.380 Designation of tax refunds to finance program.
- 496.385 Nongame Wildlife Fund.
- 496.390 Control over fund by department; use of moneys.
- 496.405 [Amended by 1971 c.658 7a; repealed by 1973 c.723 130]
- 496.410 [Repealed by 1973 c.723 130]
- 496.415 [Amended by 1971 c.658 8; repealed by 1973 c.723 130]
- 496.420 [1959 c.146 1; repealed by 1973 c.723 130] SALMON AND TROUT ENHANCEMENT
- 496.430 Definitions for ORS 496.430 and 496.435 to 496.455.
- 496.435 Policy to recover and sustain native stocks.
- 496.440 Enhancement program to be conducted by commission; objective.
- 496.445 Duties of commission.
- 496.450 Application for project; subjects for projects; conditions for approval.
- 496.455 Use of native stocks for projects; conditions.
- 496.458 Remote hatchbox program; rules.
- Note: Sections 1 and 2, chapter 871, Oregon Laws 2009, provide:
- Sec. 1. Remote hatchbox program evaluation in Rogue River basin streams.
- Sec. 2.
- 496.460 Salmon and Trout Enhancement Program Advisory Committee; members; duties and powers; travel and expenses.
- 496.465 Interference with project prohibited.
- 496.470 Natural production of anadromous fish; rules; priorities.
- Note: 496.470 to 496.480 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 496.475 Adoption of basin plans.
- Note: See note under 496.470.
- 496.480 Reports on basin plans.
- Note: See note under 496.470. FISHING TACKLE COLLECTION, DISPOSAL AND RECYCLING
- 496.490 Fishing tackle program.
- Note: 496.490 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 496.505 [Formerly 497.505; 1961 c.343 1; repealed by 1973 c.723 130] WILDLIFE COOPERATION; FEDERAL WILDLIFE AID
- 496.510 Assent to federal wildlife-restoration statute; duty of commission with regard thereto.
- 496.515 [Amended by 1971 c.658 9; repealed by 1973 c.723 130]
- 496.520 [Repealed by 1973 c.723 130]
- 496.525 Federal fish restoration and management aid; powers of commission with regard thereto.
- 496.550 Migratory waterfowl stamp; design selection; production of stamps and art works.
- 496.555 Contract on migratory waterfowl stamp matters.
- 496.558 Upland bird defined.
- Note: 496.558 and 496.562 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 496 by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 496.562 Policy.
- Note: See note under 496.558.
- 496.566 Contest for stamp design; sale of art works; contracts for stamp matters.
- 496.570 [1989 c.406 7; 1999 c.667 1; repealed by 2001 c.822 11] HABITAT CONSERVATION STAMP
- 496.571 Habitat conservation stamp; fees; design selection; production of stamps and art works.
- 496.605 Enforcement of wildlife laws by State Fish and Wildlife Director, deputies and peace officers.
- 496.610 State police to enforce wildlife laws; payment of expenses from wildlife fund; appointment of federal agents.
- 496.615 Commission employees to supplement state police.
- 496.620 Nonliability of law enforcement officers.
- 496.625 [Amended by 1971 c.658 12; repealed by 1973 c.723 130]
- 496.630 District attorneys to prosecute criminal cases; jurisdiction of courts.
- 496.635 [Amended by 1971 c.658 13; repealed by 1973 c.723 130]
- 496.640 Service of process by law enforcement personnel.
- 496.645 Arrest without warrant of violators; trial.
- 496.650 Issuance of citation to violator.
- 496.655 [Repealed by 1973 c.723 130]
- 496.660 [Amended by 1971 c.658 16; 1973 c.723 26; repealed by 1991 c.267 1]
- 496.665 Issuance of search warrants; places searched; use and disposition of seized property.
- 496.670 Arrests made on Sunday.
- 496.675 Seizure without warrant by law enforcement personnel.
- 496.680 Seizure of unlawful devices and unlawfully taken wildlife; forfeiture; disposition; repayment of administrative costs.
- 496.685 [Repealed by 1971 c.743 432]
- 496.690 Possession of wildlife as evidence of illegal taking.
- 496.695 Counseling, aiding or sharing in violation.
- 496.700 Investigating violations; summoning witnesses.
- 496.705 Damage suits for unlawful killing of wildlife; jurisdiction of courts.
- 496.710 Compelling testimony in enforcement proceedings.
- 496.715 [Amended by 1959 c.530 8; 1961 c.391 1; 1971 c.186 5; 1973 c.723 34; 1981 s.s. c.3 115; 1983 c.763 50; 1987 c.905 25; 1995 c.658 107; repealed by 2011 c.597 67] POTENTIALLY HABITUATED WILDLIFE
- 496.730 Legislative intent.
- 496.731 Written notification requiring removal of attractant for potentially habituated wildlife; exceptions.
- 496.750 Wildlife Law Violator Compact.
- 496.815 Definitions for ORS 496.815 to 496.825.
- 496.820 Permit or license fee.
- 496.825 Application fee; exception.
- 496.830 Penalty fee.
- 496.835 Oregon Fish and Wildlife Hydroelectric Fund.
- 496.905 [1967 c.604 1; 1969 c.59 1; 1971 c.388 3; 1973 c.723 35; 1979 c.477 11; renumbered 153.710]
- 496.910 [1967 c.604 2; 1973 c.723 36; 1979 c.477 12; renumbered 153.705]
- 496.915 [1967 c.604 3; 1973 c.723 37; renumbered 153.715]
- 496.920 [1967 c.604 4; 1973 c.723 38; 1979 c.477 13; renumbered 153.720]
- 496.925 [1967 c.604 5; renumbered 153.725]
- 496.927 [1977 c.350 2; 1979 c.477 14; renumbered 153.730]
- 496.930 [1967 c.604 6; renumbered 153.745]
- 496.935 [1967 c.604 7; renumbered 153.750]
- 496.940 [1967 c.604 8; renumbered 153.755]
- 496.945 [1967 c.604 9; renumbered 153.760]
- 496.950 [1967 c.604 10; renumbered 153.765] PENALTIES
- 496.951 [1995 c.545 4; 1997 c.19 1; 1999 c.1051 105; 2010 c.107 21,23; repealed by 2011 c.597 67]
- 496.990 [Amended by 1967 c.523 1; repealed by 1973 c.723 130]
- 496.992 Penalties.
- Note: The amendments to 496.992 by section 3, chapter 517, Oregon Laws 2011, become operative January 2, 2015. See section 4, chapter 517, Oregon Laws 2011. The text that is operative on and after January 2, 2015, including amendments by section 316, chapter 597, Oregon Laws 2011, is set forth for the user s convenience.
- 496.992. (1) Except as otherwise provided by this section or other law, a violation of any provision of the wildlife laws, or any rule adopted pursuant to the wildlife laws, is a Class A misdemeanor if the offense is committed with a culpable mental state. (2) Except as otherwise provided by this section or other law, a violation of a provision of the wildlife laws, or a rule adopted pursuant to the wildlife laws, that does not involve the taking of wildlife is a Class D violation if the offense is committed without a culpable mental state. (3) A violation of a provision of the wildlife laws, or a rule adopted pursuant to the wildlife laws, that involves the taking of wildlife, other than nongame mammals and game birds, is a Class A violation if the offense is committed without a culpable mental state. (4) A violation of a provision of the wildlife laws, or a rule adopted pursuant to the wildlife laws, that involves the taking of nongame mammals or game birds is a Class C violation if the offense is committed without a culpable mental state. (5) A violation of a provision of the wildlife laws, or a rule adopted pursuant to the wildlife laws, that involves the size or quantity limits for salmon, steelhead trout and sturgeon is a Class A violation if the offense is committed without a culpable mental state. (6) A violation of a provision of the wildlife laws, or a rule adopted pursuant to the wildlife laws, relating to the size or quantity limits for fish or shellfish, other than size and quantity limits for salmon, steelhead trout and sturgeon, is a Class C violation if the offense is committed without a culpable mental state. (7) A violation of the nonresident licensing provisions of ORS 497.102 or 497.121 is a Class A violation if the offense is committed without a culpable mental state. (8) A violation of ORS 496.994 is a Class A violation if the offense is committed without a culpable mental state. (9) The second and each subsequent conviction within a 10-year period for the taking of a raptor or the taking of game fish with a total value of $200 or more or the taking of antelope, black bear, cougar, deer, elk, moose, mountain goat or mountain sheep in violation of any provision of the wildlife laws, or any rule adopted pursuant thereto, which occurs more than one hour prior to or more than one hour subsequent to a season established for the lawful taking of such game mammals or game fish is a Class C felony if the offense is committed with a culpable mental state. (10) As used in this section, culpable mental state has the meaning given that term in ORS 161.085.
- 496.994 Obstructing the taking of wildlife prohibited.
- 496.996 Attempts to take wildlife decoy as unlawful wildlife taking.
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