ORS Chapter 498 - Oregon Statutes

Chapter 498 — Hunting,Angling and Trapping Regulations;

MiscellaneousWildlife Protective Measures

 

 

2009 EDITION

 

HUNTING,ANGLING AND WILDLIFE REGULATIONS

 

WILDLIFE

 

GENERALPROTECTIVE PROVISIONS

 

498.002     Wildlifeas state property; taking, angling, hunting or trapping in violation ofwildlife law or rules prohibited

 

498.006     Chasingor harassing wildlife prohibited

 

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

 

498.016     Takingcrippled or helpless wildlife

 

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

 

498.022     Purchase,sale or exchange of wildlife prohibited

 

498.026     Transactionin threatened or endangered wildlife species prohibited

 

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

 

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

 

498.036     Possessionin field of skinned or plucked wildlife prohibited

 

498.042     Removalof parts of wildlife and waste of wildlife prohibited

 

498.046     Makingtoxic substances accessible to wildlife prohibited

 

498.052     Releasingdomestically raised or imported wildlife without permit prohibited

 

498.056     Aimingrifle from moving motor vehicle prohibited

 

HUNTINGAND TRAPPING RESTRICTIONS

 

498.102     Useof dogs to hunt or track game mammals or birds

 

498.106     Competitivefield trials for hunting dogs

 

498.112     Useof live birds for competitive shooting prohibited

 

498.120     Huntingon another’s cultivated or enclosed land

 

498.126     Huntingor assisting others to hunt or locate game animals or birds by aircraftprohibited; exemption; rules

 

498.136     Huntingfrom motor-propelled vehicle restricted; rules

 

498.142     Huntingwith artificial light restricted; rules

 

498.146     Shiningartificial light on game mammal, predatory animal or livestock while in or nearmotor vehicle and while in possession of weapon restricted

 

498.152     Agreementsrestricting parking or use of motor vehicles on certain lands

 

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

 

498.154     Noticeadequate to charge defendant; delivery or posting; jurisdiction

 

498.155     Failureto appear; issuance of warrant

 

498.158     Huntingor trapping wildlife in certain governmental districts restricted

 

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

 

498.166     Bearsor cougars posing threat to human safety

 

498.170     Hunterswho have a visual impairment

 

498.172     Trapcheck requirements

 

498.180     Saleof hunts for feral swine prohibited; penalties; revocation of hunting licenses,tags and permits

 

498.182     Knowinglyallowing feral swine to roam on certain lands prohibited; rules

 

ANGLINGRESTRICTIONS; FISH PROTECTIVE PROVISIONS

 

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

 

498.216     Anglingfrom fishways restricted; rules

 

498.222     Transportationor release of fish without permit prohibited; penalties; revocation of anglinglicenses and tags; suit for recovery of damages

 

498.228     Possessionof fish taken outside state restricted

 

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

 

498.242     Possessionof walking catfish and piranha restricted

 

498.247     Protectionof juvenile salmonids from cormorants

 

ANGLINGCONTESTS

 

498.279     Blackbass and walleye angling contests; rules

 

498.286     Prizelimitation

 

SCREENINGAND BY-PASS DEVICES FOR WATER DIVERSIONS OR OBSTRUCTIONS

 

498.301     Policy

 

498.306     Screeningor by-pass devices for water diversions; fees; costs

 

498.316     Exemptionfrom screening or by-pass devices

 

498.321     Screeningor by-pass standards

 

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

 

498.336     Statutesnot construed to limit ability to acquire funding for screening or by-passdevices

 

498.341     Additionalfunding

 

498.346     Injunctionto require compliance with screening or by-pass requirements

 

OUTDOORCLUB REGULATION

 

498.400     Definitionsfor ORS 498.400 to 498.464

 

498.406     Licenseto operate certain outdoor clubs required; promotional activities for sale ofmembership without license prohibited

 

498.412     Applicationof ORS 498.406

 

498.418     Licenseapplication; form; fee

 

498.424     Reportto commission required; suspension of license pending investigation of reportedinformation

 

498.432     Noticeto applicant upon receipt of license application; order granting or denyinglicense; procedure

 

498.438     Investigatorypower of commission over outdoor clubs required to be licensed

 

498.444     Informationdeveloped in licensing process as public record

 

498.452     Groundsfor denial or revocation of license

 

498.458     Termof license; renewal fee

 

498.464     Commissionauthority to restrain violations of outdoor club laws

 

PENALTIES

 

498.993     Penaltyfor violation of outdoor club laws

 

GENERALPROTECTIVE PROVISIONS

 

      498.002Wildlife as state property; taking, angling, hunting or trapping in violationof 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 inangling for, taking, hunting, trapping or possessing any wildlife in violationof the wildlife laws or of any rule promulgated pursuant thereto.

      (2)No person shall angle for, take, hunt or trap, or assist another in anglingfor, taking, hunting or trapping any wildlife while intentionally violating ORS164.245 to 164.270 or 498.120. [1973 c.723 §73; 1993 c.440 §1; 2003 c.656 §10]

 

      498.005 [Amended by1971 c.658 §26; repealed by 1973 c.723 §130]

 

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

 

      498.010 [Repealed by1957 c.249 §1]

 

      498.012Taking wildlife causing damage, posing public health risk or that is publicnuisance.(1) Nothing in the wildlife laws is intended to prevent any person from takingany wildlife that is causing damage, is a public nuisance or poses a publichealth risk on land that the person owns or lawfully occupies. However, noperson shall take, pursuant to this subsection, at a time or undercircumstances when such taking is prohibited by the State Fish and WildlifeCommission, any game mammal or game bird, fur-bearing mammal or nongamewildlife species, unless the person first obtains a permit for such taking fromthe commission.

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

      (b)Nothing in subsection (1) of this section requires the commission to issue apermit for the taking of any wildlife species for which a U. S. Fish andWildlife 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 wildlifespecies whose survival the commission determines is endangered shallimmediately report the taking to a person authorized to enforce the wildlifelaws, and shall dispose of the wildlife in such manner as the commissiondirects. In determining procedures for disposal of bear and cougar, thecommission shall direct the State Department of Fish and Wildlife to firstoffer the animal to the landowner incurring the damage.

      (4)The written authority from the landowner or lawful occupant of the landrequired 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 theauthorization;

      (c)The name, address and telephone number of the person to whom the authorizationis 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 oneyear from the date of issuance of the authorization.

      (5)Any regional office of the State Department of Fish and Wildlife ordering thedisposal of an animal under subsection (3) of this section shall file a reportwith 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, thefinancial impact and the disposition of the animal. The director shall compileall reports received under this subsection on a bimonthly basis. The reportscompiled 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 orforest 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, ornamentalplants, ornamental trees, pets, vehicles, boats, structures or other personalproperty. [1973 c.723 §75; 1977 c.136 §2; 1979 c.399 §3; 1985 c.332 §1; 1985c.489 §1a; 1999 c.531 §1; 2003 c.248 §1]

 

      498.015 [Amended by1959 c.529 §1; repealed by 1973 c.723 §130]

 

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

 

      498.019Purchase, 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 underORS 498.022, establishes a license for the purchase of deer, elk and antelopehides and antlers, any person holding such license shall also be authorized topurchase, 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 oftransactions involving specimens of deer, elk or antelope. The record shall bein such form and contain such information as the commission, by rule,prescribes to accurately indicate the date, type and number of specimensreceived and the name and address of the person with whom such transaction wasmade. [1995 c.711 §2]

 

      498.020 [Amended by1959 c.529 §2; repealed by 1973 c.723 §130]

 

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

 

      498.025 [Amended by1961 c.276 §1; renumbered 498.820]

 

      498.026Transaction in threatened or endangered wildlife species prohibited. (1) Except asprovided 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, orthe skin, hides or other parts thereof, or any article made in whole or in partfrom the skin, hide or other parts of any threatened species or endangeredspecies.

      (2)Nothing in subsection (1) of this section is intended to prevent the taking,importation, transportation or sale of any threatened species or endangeredspecies in such manner as may be autho