ORS § 497.360 — OR Code / Title 41 / Chapter 497 / Section 497.360
497.360 Hunter safety certificate
Status: in_force

(1) No person younger than 18 years of age shall hunt wildlife, except on the person’s own land or land owned by the parent or legal guardian of the person, unless the person:

(a) Has in possession a certificate, issued by the State Fish and Wildlife Commission or by an agency of another state, stating that the person has satisfactorily completed a course prescribed or approved by the commission in the safe handling of lawful hunting weapons; or

(b) Is participating in a supervised hunt as provided in subsection (3) of this section.

(2) The commission, by rule, shall prescribe and administer a hunter safety training program to provide instruction in the safe handling of lawful hunting weapons. The program may also include instruction on wildlife and natural resource conservation, first aid and survival and such other subjects as the commission considers desirable to promote good outdoor conduct and respect for the rights and property of others. The commission may cooperate and enter into agreements with other public or private agencies and individuals in carrying out the provisions of this subsection. The Department of State Police and the Department of Education are directed to cooperate with the commission in carrying out the provisions of this section.

(3) Intentionally left blank —Ed.

(a) The commission, by rule, shall prescribe and administer a youth hunter mentoring program that allows a person who is between nine and 16 years of age to hunt while in the presence of a supervisory hunter who is 21 years of age or older and who holds the appropriate licenses, tags and permits issued pursuant to the wildlife laws. Only one lawful hunting weapon may be carried during a supervised hunt under this subsection. A person participating in a supervised hunt under this subsection may hunt wildlife under the same conditions applicable to the supervisory hunter’s licenses, tags and permits.

(b) The commission, by rule, may prescribe any relevant safety and ethical standards for participation in a supervised hunt under this subsection. [1973 c.723 §69; 2007 c.352 §1; 2017 c.77 §1]

Source: Section 497.360 — Hunter safety certificate; training program; youth hunter mentoring program; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors497.­html (accessed May 26, 2025).
ORS § 497.308 — OR Code / Title 41 / Chapter 497 / Section 497.308
497.308 Wildlife holding and habitat removal permits
Status: in_force

(1) No person shall remove from its natural habitat or acquire and hold in captivity any live wildlife in violation of the wildlife laws or any rule adopted thereunder.

(2) The State Fish and Wildlife Commission may adopt rules to carry out the provisions of subsection (1) of this section that include but are not limited to:

(a) Providing for the issuance and form of permits for the holding or removal from habitat of wildlife.

(b) Prescribing the wildlife species for which holding or habitat removal permits are required.

(c) Prescribing the terms and conditions of holding wildlife and removing wildlife from habitat to ensure the humane care and treatment of the wildlife.

(3) In adopting rules authorized by subsection (2) of this section, the commission shall:

(a) Strive to protect public health;

(b) Consider any public health risks related to holding wildlife or transmitting zoonotic disease, including any public health risks identified by the Oregon Health Authority; and

(c) Consult with the authority.

(4) No person to whom a wildlife holding or removal from habitat permit has been issued shall violate any of the terms or conditions thereof. [1973 c.723 §66; 2022 c.9 §9]

Source: Section 497.308 — Wildlife holding and habitat removal permits; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors497.­html (accessed May 26, 2025).
ORS § 497.151 — OR Code / Title 41 / Chapter 497 / Section 497.151
497.151 Annual migratory waterfowl stamp
Status: repealed

(1) Intentionally left blank —Ed.

(a) The State Fish and Wildlife Commission is authorized to issue, upon application, to resident persons desiring to hunt migratory waterfowl an annual migratory waterfowl stamp and shall charge the applicable fee under the fee schedule in ORS 497.061 (License, tag and permit fee schedule) .

(b) The commission is authorized to issue, upon application, to resident and nonresident persons at least 12 years of age and under 18 years of age desiring to hunt migratory waterfowl an annual youth migratory waterfowl stamp and shall charge the applicable fee under the fee schedule in ORS 497.061 (License, tag and permit fee schedule) .

(2) The stamps referred to in subsection (1) of this section are in addition to and not in lieu of the hunting licenses required by ORS 497.102 (Hunting licenses and permits) and 497.127 (Youth licenses) .

(3) A migratory waterfowl stamp is not required of a person younger than 12 years of age.

(4) ORS 497.016 (Term of licenses, tags and permits) to 497.026 (Duty of license agents to remit funds) and 497.036 (Inspection of licenses, tags, permits and wildlife) apply to the stamps referred to in subsection (1) of this section.

(5) Nothing in this section is intended to prevent nonresident persons 18 years of age or older from purchasing resident migratory waterfowl stamps for stamp collecting or other purposes. However, possession of a resident migratory waterfowl stamp does not authorize a nonresident 18 years of age or older to hunt migratory waterfowl. [1983 c.801 §2; 1993 c.659 §22; 1999 c.1006 §9; amendments by 1999 c.1006 §18 repealed by 2001 c.949 §1; 2009 c.832 §11; 2015 c.779 §26]

Source: Section 497.151 — Annual migratory waterfowl stamp; effect of purchase by nonresident , https://www.­oregonlegislature.­gov/bills_laws/ors/ors497.­html (accessed May 26, 2025).
ORS § 496.268 — OR Code / Title 41 / Chapter 496 / Section 496.268
496.268 Fish and Wildlife Natural Climate Solutions Fund
Status: in_force

(1) The Fish and Wildlife Natural Climate Solutions Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Fish and Wildlife Natural Climate Solutions Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Department of Fish and Wildlife to:

(a) Carry out the provisions of ORS 468A.189 (Allocations from Natural and Working Lands Fund) (5); and

(b) For the administrative expenses of the department in implementing ORS 468A.189 (Allocations from Natural and Working Lands Fund) , except that no more than 10 percent of moneys may be used for administrative expenses.

(2) The Fish and Wildlife Natural Climate Solutions Fund consists of moneys transferred to the fund under ORS 468A.187 (Natural and Working Lands Fund) . [2023 c.442 §67]

Note: 496.268 (Fish and Wildlife Natural Climate Solutions Fund) 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.

Source: Section 496.268 — Fish and Wildlife Natural Climate Solutions Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 496.750 — OR Code / Title 41 / Chapter 496 / Section 496.750
496.750 Wildlife Law Violator Compact
Status: in_force

The Wildlife Violator Compact is hereby enacted into law and entered into on behalf of this state with all other states legally joining therein in a form substantially as follows:

FINDINGS, DECLARATION OF POLICY AND PURPOSE

(a) The party states find that:

(1) Wildlife resources are managed in trust by the respective states for the benefit of all residents and visitors.

(2) The protection of their respective wildlife resources can be materially affected by the degree of compliance with state statute, law, regulation, ordinance or administrative rule relating to the management of those resources.

(3) The preservation, protection, management and restoration of wildlife contributes immeasurably to the aesthetic, recreational and economic aspects of these natural resources.

(4) Wildlife resources are valuable without regard to political boundaries, therefore, all persons should be required to comply with wildlife preservation, protection, management and restoration laws, ordinances and administrative rules and regulations of all party states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap or possess wildlife.

(5) Violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property.

(6) The mobility of many wildlife law violators necessitates the maintenance of channels of communications among the various states.

(7) In most instances, a person who is cited for a wildlife violation in a state other than the person’s home state:

(i) Must post collateral or bond to secure appearance for a trial at a later date; or

(ii) If unable to post collateral or bond, is taken into custody until the collateral or bond is posted; or

(iii) Is taken directly to court for an immediate appearance.

(8) The purpose of the enforcement practices described in paragraph (7) of this subdivision is to insure compliance with the terms of a wildlife citation by the person who, if permitted to continue on the person’s way after receiving the citation, could return to the person’s home state and disregard the person’s duty under the terms of the citation.

(9) In most instances, a person receiving a wildlife citation in the person’s home state is permitted to accept the citation from the officer at the scene of the violation and to immediately continue on the person’s way after agreeing or being instructed to comply with the terms of the citation.

(10) The practice described in paragraph (7) of this subdivision causes unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial or pay the fine, and thus is compelled to remain in custody until some alternative arrangement can be made.

(11) The enforcement practices described in paragraph (7) of this subdivision consume an undue amount of law enforcement time.

(b) It is the policy of the party states to:

(1) Promote compliance with the statutes, laws, ordinances, regulations and administrative rules relating to management of wildlife resources in their respective states.

(2) Recognize the suspension of wildlife license privileges of any person whose license privileges have been suspended by a party state and treat this suspension as if it had occurred in their state.

(3) Allow violators to accept a wildlife citation, except as provided in subdivision (b) of Article III, and proceed on the violator’s way without delay whether or not the person is a resident in the state in which the citation was issued, provided that the violator’s home state is party to this compact.

(4) Report to the appropriate party state, as provided in the compact manual, any conviction recorded against any person whose home state was not the issuing state.

(5) Allow the home state to recognize and treat convictions recorded for their residents which occurred in another party state as if they had occurred in the home state.

(6) Extend cooperation to its fullest extent among the party states for obtaining compliance with the terms of a wildlife citation issued in one party state to a resident of another party state.

(7) Maximize effective use of law enforcement personnel and information.

(8) Assist court systems in the efficient disposition of wildlife violations.

(c) The purpose of this compact is to:

(1) Provide a means through which the party states may participate in a reciprocal program to effectuate policies enumerated in subdivision (b) of this Article in a uniform and orderly manner.

(2) Provide for the fair and impartial treatment of wildlife violators operating within party states in recognition of the person’s right of due process and the sovereign status of a party state.

As used in this compact, unless the context requires otherwise:

(a) “Citation” means any summons, complaint, ticket, penalty assessment or other official document issued by a wildlife officer or other peace officer for a wildlife violation containing an order which requires the person to respond.

(b) “Collateral” means any cash or other security deposited to secure an appearance for trial, in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation.

(c) “Compliance” with respect to a citation means the act of answering the citation through appearance at a court, a tribunal or payment of fines, costs and surcharges, if any, or both such appearance and payment.

(d) “Conviction” means a conviction, including any court conviction, of any offense related to the preservation, protection, management or restoration of wildlife which is prohibited by state statute, law, regulation, ordinance or administrative rule, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, or payment of a penalty assessment, or a plea of nolo contendere, or the imposition of a deferred or suspended sentence by the court.

(e) “Court” means a court of law, including Magistrate’s Court and Justice Court.

(f) “Home state” means the state of primary residence of a person.

(g) “Issuing state” means the party state which issues a wildlife citation to the violator.

(h) “License” means any license, permit or other public document which conveys to the person to whom it was issued the privilege of pursuing, possessing or taking any wildlife regulated by statute, law, regulation, ordinance or administrative rule of a party state.

(i) “Licensing authority” means the department or division within each party state which is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife.

(j) “Party state” means any state which enacts legislation to become a member of this Wildlife Compact.

(k) “Personal recognizance” means an agreement by a person made at the time of issuance of the wildlife citation that the person will comply with the terms of that citation.

(L) “State” means any state, territory or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, Provinces of Canada or other countries.

(m) “Suspension” means any revocation, denial or withdrawal of any or all license privileges, including the privilege to apply for, purchase or exercise the benefits conferred by any license.

(n) “Terms of the citation” means those conditions and options expressly stated upon the citation.

(o) “Wildlife” means all species of animals, including but not necessarily limited to mammals, birds, fish, reptiles, amphibians, mollusks and crustaceans, which are defined as “wildlife” and are protected or otherwise regulated by statute, law, regulation, ordinance or administrative rule in a party state. Species included in the definition of “wildlife” vary from state to state and determination of whether a species is “wildlife” for the purposes of this compact shall be based on local law.

(p) “Wildlife law” means any statute, law, regulation, ordinance or administrative rule developed and enacted to manage wildlife resources and the use thereof.

(q) “Wildlife officer” means any individual authorized by a party state to issue a citation for a wildlife violation.

(r) “Wildlife violation” means any cited violation of a statute, law, regulation, ordinance or administrative rule developed and enacted to manage wildlife resources and the use thereof.

(a) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a party state in the same manner as if the person were a resident of the home state and shall not require the person to post collateral to secure appearance, subject to the exceptions contained in subdivision (b) of this Article, if the officer receives the person’s personal recognizance that the person will comply with the terms of the citation.

(b) Personal recognizance is acceptable:

(1) If not prohibited by local law or the compact manual; and

(2) If the violator provides adequate proof of the violator’s identification to the wildlife officer.

(c) Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the party state in which the wildlife citation was issued. The report shall be made in accordance with procedures specified by the issuing state and shall contain the information specified in the compact manual as minimum requirements for effective processing by the home state.

(d) Upon receipt of the report of conviction or noncompliance required by subdivision (c) of this Article, the licensing authority of the issuing state shall transmit to the licensing authority in the home state of the violator the information in a form and content as contained in the compact manual.

(a) Upon receipt of a report of failure to comply with the terms of a citation from the licensing authority of the issuing state, the licensing authority of the home state shall notify the violator, shall initiate a suspension action in accordance with the home state’s suspension procedures and shall suspend the violator’s license privileges until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority. Due process safeguards will be accorded.

(b) Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall enter such conviction in its records and shall treat such conviction as if it occurred in the home state for the purposes of the suspension of license privileges.

(c) The licensing authority of the home state shall maintain a record of actions taken and make reports to issuing states as provided in the compact manual.

All party states shall recognize the suspension of license privileges of any person by any state as if the violation on which the suspension is based had in fact occurred in their state and could have been the basis for suspension of license privileges in their state.

Except as expressly required by provisions of this compact, nothing herein shall be construed to affect the right of any party state to apply any of its laws relating to license privileges to any person or circumstance, or to invalidate or prevent any agreement or other cooperative arrangements between a party state and a nonparty state concerning wildlife law enforcement.

(a) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board shall be composed of one representative from each of the party states to be known as the compact administrator. The compact administrator shall be appointed by the head of the licensing authority of each party state and will serve and be subject to removal in accordance with the laws of the state the administrator represents. A compact administrator may provide for the discharge of the administrator’s duties and the performance of the administrator’s functions as a board member by an alternate. An alternate may not be entitled to serve unless written notification of the alternate’s identity has been given to the board.

(b) Each member of the board of compact administrators shall be entitled to one vote. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of votes on the board are cast in favor thereof. Action by the board shall be only at a meeting at which a majority of the party states are represented.

(c) The board shall elect annually, from its membership, a chairperson and vice-chairperson.

(d) The board shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of a party state, for the conduct of its business and shall have the power to amend and rescind its bylaws.

(e) The board may accept for any of its purposes and functions under this compact all donations and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States or any governmental agency, and may receive, utilize and dispose of the same.

(f) The board may contract with or accept services or personnel from any governmental or intergovernmental agency, individual, firm, corporation or any private nonprofit organization or institution.

(g) The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action shall be contained in the compact manual.

(a) This compact shall become effective when it has been adopted by at least two states.

(b) (1) Entry into the compact shall be made by resolution of ratification executed by the authorized officials of the applying state and submitted to the chairperson of the board.

(2) The resolution shall be in a form and content as provided in the compact manual and shall include statements that in substance are as follows:

(i) A citation of the authority by which the state is empowered to become a party to this compact;

(ii) Agreement to comply with the terms and provisions of the compact; and

(iii) That compact entry is with all states then party to the compact and with any state that legally becomes a party to the compact.

(3) The effective date of entry shall be specified by the applying state, but shall not be less than 60 days after notice has been given by the chairperson of the board of the compact administrators or by the secretariat of the board to each party state that the resolution from the applying state has been received.

(c) A party state may withdraw from this compact by official written notice to the other party states, but a withdrawal shall not take effect until 90 days after notice of withdrawal is given. The notice shall be directed to the compact administrator of each member state. No withdrawal shall affect the validity of this compact as to the remaining party states.

(a) This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairperson of the board of compact administrators and may be initiated by one or more party states.

(b) Adoption of an amendment shall require endorsement by all party states and shall become effective 30 days after the date of the last endorsement.

(c) Failure of a party state to respond to the compact chairman within 120 days after receipt of the proposed amendment shall constitute endorsement.

This compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, individual, or circumstance is held invalid, the compact shall not be affected thereby. If this compact shall be held contrary to the constitution of any party state thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

This compact shall be known as the Wildlife Violator Compact.

[1989 c.1056 §2]

Source: Section 496.750 — Wildlife Law Violator Compact , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 498.063 — OR Code / Title 41 / Chapter 498 / Section 498.063
498.063 Restrictions related to trapping of beavers
Status: repealed

(1) As used in this section:

(a) “Forestland” has the meaning given that term in ORS 527.620 (Definitions for ORS 527.610 to 527.770) .

(b) “Small forestland” has the meaning given that term in ORS 498.062 (Takings of beaver by owners of forestland) .

(2) A person may not solicit or accept a fee for trapping a beaver on privately owned forestland other than small forestland, unless the trapping occurs pursuant to ORS 498.062 (Takings of beaver by owners of forestland) (2) or (4).

(3) A person that traps a beaver on privately owned forestland other than small forestland may not sell or exchange the pelt of the beaver, unless the trapping occurs pursuant to ORS 498.062 (Takings of beaver by owners of forestland) (2) or (4). [2022 c.33 §25]

Note: 498.063 (Restrictions related to trapping of beavers) is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (second note following 498.061 (Reporting takings of beaver) ).

Source: Section 498.063 — Restrictions related to trapping of beavers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 498.048 — OR Code / Title 41 / Chapter 498 / Section 498.048
498.048 Devices propelling cyanide
Status: in_force

A person may not use an M44 cyanide device, cyanide trap, cyanide gun or similar device designed to propel a dose of sodium cyanide into an animal for the purpose of taking the animal. [2019 c.81 §2]

Note: 498.048 (Devices propelling cyanide) was added to and made a part of the wildlife laws by legislative action but was not added to ORS chapter 498 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 498.048 — Devices propelling cyanide , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 501.425 — OR Code / Title 41 / Chapter 501 / Section 501.425
501.425 John Day River Wildlife Refuge
Status: in_force

There is created a wildlife refuge within the area that is one-fourth mile from the high-water flowline along the John Day River from the Columbia River south to its junction with Thirty Mile Creek. [Formerly 498.215]

Source: Section 501.425 — John Day River Wildlife Refuge , https://www.­oregonlegislature.­gov/bills_laws/ors/ors501.­html (accessed May 26, 2025).
ORS § 498.164 — OR Code / Title 41 / Chapter 498 / Section 498.164
498.164 Use of dogs or bait to hunt black bears or cougars
Status: in_force

(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 (Taking wildlife causing damage, posing public health risk or that is public nuisance) 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 the person’s 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. [1995 c.4 §1; 2003 c.248 §2; 2007 c.675 §§1,2; 2013 c.376 §§2,3; 2021 c.97 §64]

Note: 498.164 (Use of dogs or bait to hunt black bears or cougars) was enacted into law but was not added to or made a part of ORS chapter 498 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 498.164 — Use of dogs or bait to hunt black bears or cougars; prohibitions; exemptions; penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 498.046 — OR Code / Title 41 / Chapter 498 / Section 498.046
498.046 Making toxic substances accessible to wildlife prohibited
Status: in_force

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]

Source: Section 498.046 — Making toxic substances accessible to wildlife prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 496.730 — OR Code / Title 41 / Chapter 496 / Section 496.730
496.730 Legislative intent
Status: in_force

It is the intent of the Legislative Assembly to protect wildlife from becoming habituated to humans and to protect the public against the serious health and safety risk posed by wildlife that are drawn into contact with humans and infrastructure by individuals who knowingly feed wildlife. [2011 c.284 §2]

Source: Section 496.730 — Legislative intent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 496.264 — OR Code / Title 41 / Chapter 496 / Section 496.264
496.264 Findings
Status: in_force

The Legislative Assembly finds and declares that:

(1) Many small streams in eastern Oregon were historically inhabited by beaver populations and strongly influenced by beavers’ unique ability to modify their physical surroundings. Beaver dams had the effect of slowing the flow of water, allowing for natural overflow onto surrounding ancient floodplains and providing many positive benefits to stream ecosystems and to the hydrologic functioning of streams and adjacent water tables.

(2) Due, in part, to the near eradication of the once prevalent beaver populations, many stream systems have become severely degraded during the past century, developing deeply eroded and incised stream channels that have lost connectivity with the natural ancient floodplain. These changes to the stream systems have resulted in adverse environmental and economic impacts.

(3) The public policy of the State of Oregon is to encourage and support a program for voluntary stream restoration actions by landowners that can help restore both environmental and economic health to eastern Oregon through the construction of environmental restoration weirs, provided that the voluntary stream restoration actions do not have significant adverse consequences for the environment or existing water rights.

(4) Environmental restoration weirs constructed pursuant to ORS 496.266 (Environmental restoration weirs) may provide benefits to stream restoration that include:

(a) Improving habitat conditions;

(b) Slowing stream runoff;

(c) Decreasing the chance of catastrophic wildfire;

(d) Improving carbon sequestration; and

(e) Improving economic productivity of the adjacent ancient floodplain. [2021 c.63 §2]

Note: 496.264 (Findings) and 496.266 (Environmental restoration weirs) were added to and made a part of the wildlife laws by legislative action but were not added to ORS chapter 496 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 496.264 — Findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 498.993 — OR Code / Title 41 / Chapter 498 / Section 498.993
498.993 Penalty for violation of outdoor club laws
Status: in_force

Violation of any provision of ORS 498.029 (Purchase, sale or exchange of fox, skunk or raccoon prohibited) or 498.400 (Definitions for ORS 498.400 to 498.464) to 498.464 (Commission authority to restrain violations of outdoor club laws) 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 (Purchase, sale or exchange of fox, skunk or raccoon prohibited) or 498.400 (Definitions for ORS 498.400 to 498.464) to 498.464 (Commission authority to restrain violations of outdoor club laws) is a specific fine violation punishable by a fine not to exceed $10,000. [1973 c.749 §13; 1979 c.560 §3; 1999 c.1051 §195; 2011 c.597 §90]

Source: Section 498.993 — Penalty for violation of outdoor club laws; penalty for violation of law related to sale of certain animals as household pets , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 498.158 — OR Code / Title 41 / Chapter 498 / Section 498.158
498.158 Hunting or trapping wildlife in certain governmental districts restricted
Status: in_force

(1) Except as provided in ORS 448.305 (Special ordinance authority of certain cities) 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]

Source: Section 498.158 — Hunting or trapping wildlife in certain governmental districts restricted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 498.242 — OR Code / Title 41 / Chapter 498 / Section 498.242
498.242 Possession of walking catfish and piranha restricted
Status: in_force

(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]

Source: Section 498.242 — Possession of walking catfish and piranha restricted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 501.540 — OR Code / Title 41 / Chapter 501 / Section 501.540
501.540 Multnomah-Clackamas Wildlife Refuge
Status: in_force

The following described land situated in Multnomah and Clackamas Counties shall be known as the Multnomah-Clackamas Wildlife Refuge: Beginning at intersection of center line of the channels of the Willamette River and Willamette slough; thence westerly along center line of channel of Willamette slough to its intersection with the south line of section 27, township 2 north, range 1 west, Willamette Meridian; thence west along south line of sections 27 and 28 to intersection with the Columbia River Highway; thence in southerly direction along Columbia River Highway to intersection with Harborton Road; thence southwesterly along Harborton Road to its intersection with Skyline Boulevard; thence southeasterly along Skyline Boulevard to its intersection with Cornell Road; thence west along Cornell Road to its intersection with the Washington-Multnomah County line; thence south and east along the Washington-Multnomah County line to the Willamette Meridian; thence south along the Willamette Meridian to section 19, township 2 south, range 1 east, Willamette Meridian; thence east along the north lines of sections 19, 20 and 21 to Stafford Road; thence east and north on Stafford Road to the west bank of the Willamette River; thence southerly along the west bank of said Willamette River to a point opposite the intersection of the east bank of the Willamette River and the north bank of the Clackamas River; thence easterly across the Willamette River to said intersection; thence easterly along the north bank of Clackamas River to a point where the east line of Ninety-second Street in the City of Portland extended southerly intersects the north bank of the Clackamas River; thence north along the southerly extension of Ninety-second Street to the point of the Multnomah and Clackamas County line, such point being at the quarter-section corner of south side of section 21, township 1 south, range 2 east, Willamette Meridian; thence east along the Multnomah County line to its intersection with Foster Road; thence northwesterly along Foster Road to the intersection of Foster Road with Jenne Road; thence northeasterly and northerly along Jenne Road to its intersection with Section Line Road; thence east along Section Line Road to its intersection with Rockwood Road; thence north along Rockwood Road to the north side of Sandy Boulevard; thence west along the north side of Sandy Boulevard to the Government Island Road; thence north along the Government Island Road to the high-water flowline of the south bank of the south channel of the Columbia River; thence westerly along high-water flowline of the waters of the Columbia River to the easterly line of the Spokane, Portland and Seattle railroad; thence south along the Spokane, Portland and Seattle railroad to the junction of the Oregon-Washington Railroad and Navigation Company right of way; thence south along the Oregon-Washington Railroad and Navigation Company right of way to the city boundaries of the City of Portland; thence westerly along the north line of the boundary of the City of Portland to the center of the channel of the Willamette River; thence in a northerly direction along the center line of the channel of the Willamette River to the point of beginning. [Amended by 1953 c.255 §2; 1973 c.723 §115]

Source: Section 501.540 — Multnomah-Clackamas Wildlife Refuge , https://www.­oregonlegislature.­gov/bills_laws/ors/ors501.­html (accessed May 26, 2025).
ORS § 497.252 — OR Code / Title 41 / Chapter 497 / Section 497.252
497.252 Fish propagation license
Status: in_force

(1) Except as provided in ORS 508.700 (Permits for salmon hatcheries) to 508.745 (Disposition of moneys received under ORS 508.700 to 508.745) and 622.220 (Jurisdiction) , no person shall engage in the business of propagating game fish or food fish for sale unless a fish propagation license is first obtained from the State Department of Fish and Wildlife.

(2) The State Fish and Wildlife Commission may refuse to issue a license to an applicant if the commission finds that the conduct of the fish propagation business would tend to be harmful to existing game fish or food fish populations.

(3) The commission, by rule, may prescribe requirements for the care, inspection, transportation and the sale, taking or other disposition of the game fish or food fish, and for such record keeping and reporting procedures as will insure that the propagation activities are conducted in such manner as will not be harmful to existing game fish or food fish populations.

(4) Persons propagating the following food fish under the license prescribed in subsection (1) of this section are exempt from the licensing provisions of ORS 508.025 (License required to take, process or deal in fish) and 508.035 (Separate licenses required for certain fishing gear and activities) :

(a) Food fish raised entirely in, then harvested from facilities which are enclosed or designed to prevent escape and from which the fish are not released for natural rearing.

(b) Food fish harvested from the wild under licenses prescribed in ORS 508.025 (License required to take, process or deal in fish) and 508.035 (Separate licenses required for certain fishing gear and activities) and on which the appropriate fee has been paid at the time holding or rearing commences in the licensed fish propagation facility.

(5) As used in this section, food fish has the meaning as defined in ORS 506.011 (Types of marine life defined) . [1987 c.139 §3; 1991 c.701 §16]

Source: Section 497.252 — Fish propagation license; terms and conditions; rules; applicability of other licensing laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors497.­html (accessed May 26, 2025).
ORS § 501.505 — OR Code / Title 41 / Chapter 501 / Section 501.505
501.505 Sturgeon Lake Wildlife Refuge
Status: in_force

(1) The following described lakes, the islands therein and the lands adjacent thereto shall be known as the Sturgeon Lake Wildlife Refuge:

(a) Big Sturgeon Lake, situated in sections 9, 10, 15, 16, 21, 22, 23, 26, 27, 28, 33 and 34, township 3 north, range 1 west, Willamette Meridian.

(b) West Sturgeon Lake, situated in sections 20, 28, 29, 30, 32 and 33, township 3 north, range 1 west, Willamette Meridian.

(c) Little Sturgeon Lake, situated in sections 32 and 33, township 3 north, range 1 west, Willamette Meridian, and sections 4 and 5, township 2 north, range 1 west, Willamette Meridian.

(d) Marquam Lake, situated in sections 34 and 35, township 3 north, range 1 west, Willamette Meridian, and sections 2 and 3, township 2 north, range 1 west, Willamette Meridian.

(2) The State Fish and Wildlife Commission by rule shall establish the exact boundaries of the wildlife refuge referred to in subsection (1) of this section in such manner as the commission determines will provide adequate protection for the wildlife within the area. However, the boundaries so established shall not include land adjacent to any lake referred to in subsection (1) of this section that is further than 100 yards from the line of ordinary high water of such lake. [1973 c.723 §116]

Source: Section 501.505 — Sturgeon Lake Wildlife Refuge; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors501.­html (accessed May 26, 2025).
ORS § 497.660 — OR Code / Title 41 / Chapter 497 / Section 497.660
497.660 Wildlife Conservation Fund
Status: in_force

(1) The Wildlife Conservation Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Wildlife Conservation Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Department of Fish and Wildlife to be paid to counties as provided in ORS 497.655 (Voluntary contributions) .

(2) The Wildlife Conservation Fund shall consist of voluntary contributions received by the State Department of Fish and Wildlife pursuant to ORS 497.655 (Voluntary contributions) . [2011 c.728 §2]

Note: See note under 497.655 (Voluntary contributions) .

Source: Section 497.660 — Wildlife Conservation Fund; sources; uses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors497.­html (accessed May 26, 2025).
ORS § 497.423 — OR Code / Title 41 / Chapter 497 / Section 497.423
497.423 Outfitter or guide unlawfully taking or killing wildlife
Status: in_force

(1) In addition to any other penalty authorized by law, a court may order the State Fish and Wildlife Commission to revoke all licenses, tags and permits issued to a person in the manner provided for in ORS 497.415 (Revocation or denial of licenses, tags or permits for wildlife law violations or failure to comply with citation) if the person:

(a) Is, as provided for in ORS 496.992 (Penalties) , convicted of a violation of the wildlife laws, or any rule adopted pursuant to the wildlife laws, that involves the taking or killing of wildlife with a culpable mental state; and

(b) Was, at the time the violation occurred, acting or offering to act as an outfitter and guide subject to registration with the State Marine Board pursuant to ORS 704.020 (Registration requirement) .

(2) Notwithstanding ORS 497.415 (Revocation or denial of licenses, tags or permits for wildlife law violations or failure to comply with citation) (5), upon having a license, tag or permit revoked under subsection (1) of this section, a person is prohibited from applying for or obtaining another such license, tag or permit. [2017 c.293 §2]

Note: 497.423 (Outfitter or guide unlawfully taking or killing wildlife) was added to and made a part of the wildlife laws by legislative action but was not added to ORS chapter 497 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 497.423 — Outfitter or guide unlawfully taking or killing wildlife , https://www.­oregonlegislature.­gov/bills_laws/ors/ors497.­html (accessed May 26, 2025).
ORS § 498.029 — OR Code / Title 41 / Chapter 498 / Section 498.029
498.029 Purchase, sale or exchange of fox, skunk or raccoon prohibited
Status: in_force

(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]

Source: Section 498.029 — Purchase, sale or exchange of fox, skunk or raccoon prohibited; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 497.146 — OR Code / Title 41 / Chapter 497 / Section 497.146
497.146 Trapper education program
Status: in_force

(1) The State Fish and Wildlife Commission, by rule, shall prescribe and administer a trapper education program to provide instruction in the proper use of trapping equipment. The program may also include instruction on wildlife and natural resource conservation, firearms safety, first aid and survival and such other subjects as the commission considers desirable to promote good outdoor conduct and respect for the rights and property of others. The commission may cooperate and enter into agreements with other public or private agencies and individuals in carrying out the provisions of this section.

(2) Except as provided in subsection (3) of this section, no person shall trap mammals with commercial fur value unless the person has in possession a certificate issued by the commission indicating that the person has satisfactorily completed a course in trapper education prescribed or approved by the commission. However, the commission shall issue the certificate automatically, without the necessity of completing the course, to any person who has previously held a valid trapping license issued by the commission and who is 18 years of age or older on July 1, 1986.

(3) The certificate referred to in subsection (2) of this section is not required of a person to trap mammals with commercial fur value on land owned or leased by that person or a member of that person’s immediate family.

(4) Nothing in this section is intended to prevent any person or the persons’ agent from taking mammals with commercial fur value that are damaging livestock or agricultural crops on lands the person owns or leases.

(5) As used in this section, “mammals with commercial fur value” means badger, beaver, bobcat, coyote, red fox, gray fox, marten, mink, muskrat, nutria, opossums, raccoon, river otter, striped skunk, spotted skunk and weasel. [1979 c.774 §4; 1985 c.467 §1]

Source: Section 497.146 — Trapper education program; when certificate required; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors497.­html (accessed May 26, 2025).
ORS § 498.170 — OR Code / Title 41 / Chapter 498 / Section 498.170
498.170 Hunters who have a visual impairment
Status: in_force

(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 person’s central visual acuity does not exceed 20/200 in the better eye with best correction or that the person’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 (Hunters who have a visual impairment) 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.

Source: Section 498.170 — Hunters who have a visual impairment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 496.566 — OR Code / Title 41 / Chapter 496 / Section 496.566
496.566 Contest for stamp design
Status: in_force

(1) The State Fish and Wildlife Commission shall arrange, by contest or other appropriate means, for the selection of the design of the annual upland bird stamps authorized by ORS 497.153 (Annual upland bird stamp) and for the production and sale of the stamps.

(2) The commission may produce stamps in such number as the commission considers appropriate and may make stamps available for the creation of upland bird art prints and other related art works and may arrange for the sale of stamps, prints and art works to persons desiring to purchase those items.

(3) In carrying out its duties, functions and powers with regard to the upland bird stamp, the State Fish and Wildlife Commission may contract for the performance of those duties, functions and powers. The contract may include, among other matters, provisions for advance payment or reimbursement for services performed pursuant to any such contract. All costs and expenses incurred pursuant to this section shall be paid from the Upland Bird Subaccount established under ORS 496.303 (Fish and Wildlife Account) . [1989 c.406 §6; 2001 c.822 §7; 2015 c.779 §48]

Source: Section 496.566 — Contest for stamp design; sale of art works; contracts for stamp matters , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 498.102 — OR Code / Title 41 / Chapter 498 / Section 498.102
498.102 Use of dogs to hunt or track game mammals or birds
Status: in_force

(1) Any dog that is not wearing a collar with a license number thereon in compliance with ORS 609.100 (Dog licenses, tags and fees) 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 (Dog licenses, tags and fees) , 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]

Source: Section 498.102 — Use of dogs to hunt or track game mammals or birds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 496.182 — OR Code / Title 41 / Chapter 496 / Section 496.182
496.182 Protection and conservation programs
Status: repealed

(1) The burden of protecting and recovering threatened species or endangered species can be a significant cost to the citizens of this state and it is therefore the policy of this state to minimize duplication and overlap between state and federal laws dealing with threatened species or endangered species. To this end, nothing in this section is intended to prevent the adoption of cooperative state or federal programs when such programs provide protection for listed species without significant impact on the primary uses of state lands.

(2) Intentionally left blank —Ed.

(a) At the time the State Fish and Wildlife Commission adds a species to the list of threatened species or endangered species under ORS 496.172 (Commission management authority for threatened or endangered species) , the commission shall establish by rule quantifiable and measurable guidelines that it considers necessary to ensure the survival of individual members of the species. These guidelines may include take avoidance and protecting resource sites such as spawning beds, nest sites, nesting colonies or other sites critical to the survival of individual members of the species.

(b) The commission shall work with private landowners, affected cities, affected counties and affected local service districts, as defined in ORS 174.116 (“Local government” and “local service district” defined) , to mitigate the adverse impact on local economies when the commission adds a species to the list of threatened species or endangered species pursuant to ORS 496.172 (Commission management authority for threatened or endangered species) .

(3) For threatened species listed under ORS 496.172 (Commission management authority for threatened or endangered species) and in the absence of an approved endangered species management plan described in subsection (8) of this section for an endangered species, if a state agency determines that a proposed action on land it owns or leases, or for which it holds a recorded easement, has the potential to violate the guidelines established under subsection (2) of this section, it shall notify the State Department of Fish and Wildlife. Within 90 days of such notice, the department shall recommend reasonable and prudent alternatives, if any, to the proposed action which are consistent with the guidelines.

(4) If a state agency fails to adopt the recommendations made under subsection (3) of this section, it shall, after consultation with the department, demonstrate that:

(a) The potential public benefits of the proposed action outweigh the potential harm from failure to adopt the recommendations; and

(b) Reasonable mitigation and enhancement measures shall be taken, to the extent practicable, to minimize the adverse impact of the action on the affected species.

(5) When an action under this section is initiated by a person other than a state agency, the agency shall provide final approval or denial of the proposed action within 120 days of receipt of a written request for final determination.

(6) The provisions of this section do not apply to lands acquired through foreclosures of loans made pursuant to programs of the Department of Veterans’ Affairs.

(7) State land owning or managing agencies shall set priorities for establishing endangered species management plans required by subsection (8) of this section after consultation with the commission on the level of biological threat and, in consideration of available funds, the immediacy and seriousness of the threat to any listed species.

(8)(a)(A) Within four months of the listing of an endangered species, the commission, in consultation and cooperation with the state land owning or managing agency, shall determine if state land can play a role in the conservation of endangered species. The commission and the land owning or managing agency shall consider species biology and geography of the land base to determine if the species or its habitat is found on state land. If the species or its habitat is not found on state land, the commission shall determine that state land has no role to play in the conservation of the species.

(B) If the species or its habitat is found on state land, the land owning or managing agency, in consultation with the State Department of Fish and Wildlife, shall determine the role its state land shall serve in the conservation of the endangered species. This role may include, but is not limited to conservation, contribution toward conservation or take avoidance. To carry out its consulting role under this subsection, the department shall provide state agencies with an assessment of the conservation needs of the endangered species. In making this determination, the land owning or managing agency shall balance the statutory requirements, rules and policies applicable to the agency’s programs, the social and economic impacts that conservation would have on the state, the conservation needs of the species, the purpose of the land and the roles of other ownership categories. The agency shall balance these factors consistent with the commission’s rules related to the biological aspects of species management and the statutory obligations of the land owning or managing agency, including the statutory purpose of the land.

(C) After determining the role its state land shall serve in conservation of the species, the land owning or managing agency, in consultation with the State Department of Fish and Wildlife and consistent with the commission’s rules related to endangered species management plans, shall develop and approve an endangered species management plan within 18 months from the date the species is first listed as endangered. Endangered species management plans shall be based on the statutes, rules and policies applicable to the agency’s programs and shall take into account any social or economic impacts that the plan may have on the state. The land owning or managing agency shall submit the plan to the commission for review and approval as provided in subparagraph (D) of this paragraph.

(D) The commission shall review the endangered species management plan approved by the land owning or managing agency under subparagraph (C) of this paragraph to determine whether the plan achieves the role defined for the land under subparagraph (B) of this paragraph. Based on the biology of the endangered species the commission may modify the endangered species management plan if necessary to be consistent with the role the land owning or managing agency has defined for the land under subparagraph (B) of this paragraph and shall approve the plan as submitted or modified within 24 months from the date the species is listed as endangered.

(b) For state agencies other than land owning or managing agencies, the commission, in consultation and cooperation with the agency, shall determine whether the agency can serve a role in the conservation of endangered species. If the commission determines that the agency has a role to play in conservation of the endangered species, the agency shall determine what role it shall serve in conservation of the endangered species. The agency shall make this determination as provided in the commission’s rules related to the biological aspects of species management and in a manner consistent with the agency’s statutory obligations. [1987 c.686 §5; 1995 c.590 §5; 2012 c.40 §2]

Note: Sections 1, 2 and 6, chapter 532, Oregon Laws 2019, provide:

Sec. 1. Section 2 of this 2019 Act is added to and made a part of ORS chapter 496. [2019 c.532 §1]

Sec. 2. (1) The State Department of Fish and Wildlife may refuse to disclose information described in subsection (3) of this section regarding the habitat, location or population of a fish or wildlife species that is:

(a) Listed by the federal government or by the State Fish and Wildlife Commission as a threatened species or an endangered species;

(b) Under consideration by the commission for listing as a threatened species or an endangered species; or

(c) A sensitive species as defined by the department by rule.

(2) The department may refuse to disclose data described in subsection (3) of this section if:

(a) The species has value as a commercial species or game species, or has black market value;

(b) There exists a history of harm to a local population of the species from malicious or unlawful behavior, accidental taking, disturbance or harassment and the behavior or ecology of the species makes the species especially vulnerable to that harm;

(c) There is a known demand for illegally taking or harassing the species; or

(d) The species has limited distribution and concentration or is an endemic species.

(3) The department may refuse to disclose telemetry, radio frequency or other locational data about a species, an individual member of a species or the habitat of a species or individual member of a species, that are described in subsection (1) or (2) of this section if the data concern:

(a) Present, projected or recent past locations of individual members or populations of the species;

(b) Present, projected or recent past habitat used by the species, including but not limited to habitat used for breeding, nesting, denning, migration, dispersal or other sensitive or vulnerable life stages, if disclosure of the habitat could be expected to lead to discovery of the location of the species or of an individual member of the species;

(c) Results or other specific information from the unpublished data and findings of research, monitoring or evaluation efforts conducted by the state or by an entity acting jointly with the state; or

(d) Confidential information provided on a voluntary basis by private landowners or representatives of private landowners.

(4) The department may disclose data that may be withheld under subsections (1) to (3) of this section to a requester that is one or more of the following:

(a) The federal government, a tribal government, a public body as defined in ORS 174.109 (“Public body” defined) , a public utility or an accredited college or university;

(b) Owners of, lessees of rights-of-way in or holders of easements on private land to which the data pertain;

(c) Holders of public grazing permits for the land to which the data pertain;

(d) Owners of agricultural land or forestland, if the disclosure might prevent loss to an agricultural or forest operation; and

(e) Resource management partners and stakeholders.

(5) The department shall require a recipient of information disclosed under subsection (4)(b) to (e) of this section to sign an agreement to maintain the confidentiality of the information. The agreement may include, but need not be limited to, a proposed protective order for use, if necessary, in a legal proceeding to maintain confidentiality of the information. If the department is prohibited under subsection (8) of this section from withholding the information, the agreement may prohibit the recipient from disclosing the information, except to further the protection or conservation of a species in a manner described in subsection (8) of this section.

(6) A disclosure of information under subsection (4) of this section does not require that the department disclose the information to any other party.

(7) Subsections (1) to (3) of this section may not be used to withhold data, studies or other information about the total numbers or health of a species in this state or in a region of this state.

(8) The department may not withhold information under subsection (3) of this section if the information is relevant to:

(a) An ongoing petition, litigation or other administrative or legal action in furtherance of the protection or conservation of a species; or

(b) The preparation of a petition, or for a litigation or other administrative or legal action, in furtherance of the protection or conservation of a species.

(9) If the department provides data described in this section, to the extent practicable the department shall aggregate the data to a scale that does not create a risk to the fish or wildlife species or members of the species. [2019 c.532 §2; 2023 c.192 §1]

Sec. 6. Section 2, chapter 532, Oregon Laws 2019, as amended by section 1 of this 2023 Act, is repealed on January 2, 2029. [2019 c.532 §6; 2023 c.192 §2]

Source: Section 496.182 — Protection and conservation programs; mitigation of adverse impact on local economies; compliance by state agencies; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 498.022 — OR Code / Title 41 / Chapter 498 / Section 498.022
498.022 Purchase, sale, exchange or possession of wildlife or wildlife parts or products
Status: in_force

(1) Except as the State Fish and Wildlife Commission by rule may provide otherwise, but subject to subsection (2) of this section, a person may not purchase, sell or exchange, or offer to purchase, sell or exchange any wildlife, or any part of any wildlife.

(2) Intentionally left blank —Ed.

(a) Except as provided in paragraphs (b) and (c) of this subsection, and notwithstanding any other provision of law, or rule enacted pursuant to subsection (1) of this section, a person may not purchase, sell, offer for sale or possess with intent to sell any item that the person knows or should know is a covered animal species part or product.

(b) This subsection does not apply:

(A) To employees or agents of the federal or state government undertaking any law enforcement activities pursuant to federal or state law or any mandatory duties required by federal or state law;

(B) When the activity is expressly authorized by federal law;

(C) When the activity involves a species that is subject to a federal management plan under Title III of P.L. 94-265 (16 U.S.C. 1851 to 1869), as amended;

(D) When the activity is exempt under ORS 498.257 (Prohibition on possession, sale, trade or distribution of shark fins) (3) or 509.160 (Prohibition on possession, sale, trade or distribution of shark fins) (3);

(E) When the covered animal species part or product is a fixed component of an antique that is not made wholly or primarily of the covered animal species part or product, provided that the antique status is established by the owner or seller of the antique with documentation evidencing provenance and showing the covered animal species part or product to be not less than 100 years old and provided that the total weight of the covered animal species part or product is less than 200 grams;

(F) When the covered animal species part or product is a fixed component of a musical instrument, including, but not limited to, string instruments and bows, wind and percussion instruments and pianos, provided that the covered animal species part or product was legally acquired and provided that the total weight of the covered animal species part or product is less than 200 grams;

(G) To the noncommercial transfer of ownership of a covered animal species part or product to a legal beneficiary of an estate, trust or other inheritance;

(H) To the possession of a covered animal species part or product by any enrolled member of a federally recognized Indian tribe; or

(I) To the sale of a covered animal species part or product by or to a bona fide scientific or educational institution when the sale is made pursuant to a written gift agreement or similar instrument entered into before July 1, 2017.

(c) Intentionally left blank —Ed.

(A) Unless otherwise prohibited by federal law, the State Department of Fish and Wildlife may permit the purchase, sale or donation of a lawfully acquired covered animal species part or product by or to a bona fide scientific or educational institution for scientific or educational purposes on or after July 1, 2017.

(B) For each covered animal species part or product that is purchased, sold or donated under this paragraph, the bona fide scientific or educational institution shall:

(i) Keep documentation from the transaction detailing the type of part or product acquired and the source of the part or product; and

(ii) Provide the department with a copy of the documentation described in sub-subparagraph (i) of this subparagraph.

(d) There is a presumption of possession with intent to sell a covered animal species part or product when the part or product is possessed by a retail or wholesale establishment or other forum engaged in the business of buying or selling of similar items. This rebuttable presumption does not preclude a finding of intent to sell based on any other evidence that may serve to independently establish such intent.

(e) Each violation of this subsection is punishable by a civil penalty not to exceed $6,500 or an amount equal to two times the total value of the covered animal species part or product that is the subject of the violation, whichever is higher. The civil penalty authorized by this paragraph shall be imposed in the manner provided by ORS 183.745 (Civil penalty procedures) .

(f) Any covered animal species part or product that is subject to seizure by or forfeiture to the department may not be sold by the department.

(g) The commission may adopt rules necessary for the implementation of this subsection, including rules restricting the purchase, sale, offer for sale or possession with intent to sell of parts or products of any animal species that so closely resemble in appearance parts or products of a covered animal species that law enforcement personnel would have substantial difficulty in attempting to differentiate between the species.

(h) As used in this subsection:

(A) “Bona fide scientific or educational institution” means:

(i) A career school granted authority to operate under ORS 345.010 (Definitions for ORS 345.010 to 345.340 and 345.992 to 345.997) to 345.340 (Recommended minimum standards) ;

(ii) A community college established under ORS chapter 341;

(iii) An education service district as defined in ORS 334.003 (Definitions for chapter) ;

(iv) The Oregon Health and Science University;

(v) A public high school;

(vi) A public university listed in ORS 352.002 (Public universities) ;

(vii) Any institution not otherwise listed in this subparagraph that is exempt from ORS 348.594 (Definitions for ORS 348.594 to 348.615) to 348.615 (Appeal procedure) under ORS 348.597 (Applicability of ORS 348.594 to 348.615) (2); or

(viii) A zoo or aquarium that is accredited under standards that equal or exceed the accreditation standards of the Association of Zoos and Aquariums in effect on May 18, 2017.

(B) “Covered animal species” means any species of:

(i) Elephant;

(ii) Rhinoceros;

(iii) Whale;

(iv) Tiger;

(v) Lion;

(vi) Leopard;

(vii) Cheetah;

(viii) Jaguar;

(ix) Pangolin;

(x) Sea Turtle;

(xi) Shark (excluding spiny dogfish as defined in ORS 498.257 (Prohibition on possession, sale, trade or distribution of shark fins) ); or

(xii) Ray.

(C) “Covered animal species part or product” means any item that contains, or is wholly or partially made from, any covered animal species.

(D) “Person” means any individual, firm, partnership, joint venture, corporation, limited liability company, joint stock company, estate, trust, receiver, syndicate, association or other legal entity.

(E) “Sale” or “sell” means any act of selling, trading or bartering for monetary or nonmonetary consideration and includes any transfer of ownership that occurs in the course of a commercial transaction, but does not include a nonmonetary transfer of ownership by way of gift, donation or bequest.

(F) “Total value” means either the fair market value or the actual price paid for a covered animal species part or product, whichever is greater. [1973 c.723 §77; 2017 c.3 §2; 2017 c.107 §1]

Note: The repeal of statutes in ORS chapter 345 by section 17, chapter 273, Oregon Laws 2023, becomes operative July 1, 2024. See section 19, chapter 273, Oregon Laws 2023. Until July 1, 2024, a reference to the series 345.010 (Definitions for ORS 345.010 to 345.340 and 345.992 to 345.997) to 345.340 (Recommended minimum standards) should be considered a reference to the series 345.010 (Definitions for ORS 345.010 to 345.340 and 345.992 to 345.997) to 345.450 (Annual inspection fee) . See Preface to Oregon Revised Statutes for further explanation.

Source: Section 498.022 — Purchase, sale, exchange or possession of wildlife or wildlife parts or products; rules; penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 496.138 — OR Code / Title 41 / Chapter 496 / Section 496.138
496.138 Commission policies and programs
Status: in_force

(1) Consistent with the policy of ORS 496.012 (Wildlife policy) , the State Fish and Wildlife Commission shall implement the policies and programs of this state for the management of wildlife. These policies and programs shall consider the uses of public and private lands and utilize voluntary partnerships with private and public landowners to protect and enhance wildlife habitat and effectively manage wildlife. In addition, the commission shall perform any other duty vested in it by law.

(2) In accordance with the applicable provisions of ORS chapter 183, the commission shall adopt such rules and standards as it considers necessary and proper to implement the policy and objectives of ORS 496.012 (Wildlife policy) and perform the functions vested by law in the commission.

(3) Except as provided in ORS 183.335 (Notice) (5), the commission shall cause a public hearing to be held on any proposed rule or standard prior to its adoption. The hearing may be before the commission, any designated member thereof or any person designated by and acting for the commission.

(4) Before submitting an agency request budget or information to the Governor pursuant to ORS 291.201 (“Tax expenditure” defined for ORS 291.201 to 291.222) to 291.222 (Furnishing information and assistance to Governor-elect) , the commission shall hold a public hearing on proposals for planned expenditures and enhancement packages that the commission intends to recommend to the Governor for inclusion in the Governor’s budget. [1973 c.723 §12; 1993 c.659 §7; 2016 c.117 §73]

Source: Section 496.138 — Commission policies and programs; rules; public hearings; agency request budgets , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 496.146 — OR Code / Title 41 / Chapter 496 / Section 496.146
496.146 Additional powers of commission
Status: repealed

In addition to any other duties or powers provided by law, the State Fish and Wildlife Commission:

(1) May accept, from whatever source, appropriations, gifts or grants of money or other property for the purposes of wildlife management, and use such money or property for wildlife management purposes.

(2) May sell or exchange property owned by the state and used for wildlife management purposes when the commission determines that such sale or exchange would be advantageous to the state wildlife policy and management programs.

(3) May acquire, introduce, propagate and stock wildlife species in such manner as the commission determines will carry out the state wildlife policy and management programs.

(4) May by rule authorize the issuance of such licenses, tags and permits for angling, taking, hunting and trapping and may prescribe such tagging and sealing procedures as the commission determines necessary to carry out the provisions of the wildlife laws or to obtain information for use in wildlife management. Permits issued pursuant to this subsection may include special hunting permits for a person and immediate family members of the person to hunt on land owned by that person in areas where permits for deer or elk are limited by quota. As used in this subsection, “immediate family members” means spouses in a marriage, parents, brothers, brothers-in-law, sisters, sisters-in-law, sons, sons-in-law, daughters, daughters-in-law, stepchildren and grandchildren. A landowner who is qualified to receive landowner preference tags from the commission may request two additional tags for providing public access and two additional tags for wildlife habitat programs. This request shall be made to the Access and Habitat Board with supporting evidence that the access is significant and the habitat programs benefit wildlife. The board may recommend that the commission grant the request. When a landowner is qualified under landowner preference rules adopted by the commission and receives a controlled hunt tag for that unit or a landowner preference tag for the landowner’s property and does not use the tag during the regular season, the landowner may use that tag to take an antlerless animal, when approved by the State Department of Fish and Wildlife, to alleviate damage that is presently occurring to the landowner’s property.

(5) May by rule prescribe procedures requiring the holder of any license, tag or permit issued pursuant to the wildlife laws to keep records and make reports concerning the time, manner and place of taking wildlife, the quantities taken and such other information as the commission determines necessary for proper enforcement of the wildlife laws or to obtain information for use in wildlife management.

(6) May establish special hunting and angling areas or seasons in which only persons less than 18 years of age or over 65 years of age are permitted to hunt or angle.

(7) May acquire by purchase, lease, agreement or gift real property and all appropriate interests therein for wildlife management and wildlife-oriented recreation purposes.

(8) May acquire by purchase, lease, agreement, gift, exercise of eminent domain or otherwise real property and all interests therein and establish, operate and maintain thereon public hunting areas.

(9) May establish and develop wildlife refuge and management areas and prescribe rules governing the use of such areas and the use of wildlife refuge and management areas established and developed pursuant to any other provision of law.

(10) May by rule prescribe fees for licenses, tags, permits and applications issued or required pursuant to the wildlife laws, and user charges for angling, hunting or other recreational uses of lands owned or managed by the commission, unless such fees or user charges are otherwise prescribed by law. No fee or user charge prescribed by the commission pursuant to this subsection shall exceed $250.

(11) May enter into contracts with any person or governmental agency for the development and encouragement of wildlife research and management programs and projects.

(12) May perform such acts as may be necessary for the establishment and implementation of cooperative wildlife management programs with agencies of the federal government.

(13) May offer and pay rewards for the arrest and conviction of any person who has violated any of the wildlife laws. No such reward shall exceed $1,000 for any one arrest and conviction.

(14) May by rule prescribe fees for falconry licenses issued pursuant to the wildlife laws, unless such fees are otherwise prescribed by law. Fees prescribed by the commission pursuant to this subsection shall be based on actual or projected costs of administering falconry regulations and shall not exceed $250.

(15) May establish special fishing and hunting seasons and bag limits applicable only to persons with disabilities.

(16) May adopt optimum populations for deer and elk consistent with ORS 496.012 (Wildlife policy) . These population levels shall be reviewed at least once every five years.

(17) Shall establish a preference system so that individuals who are unsuccessful in controlled hunt permit drawings for deer and elk hunting have reasonable assurance of success in those drawings in subsequent years. In establishing the preference system, the commission shall consider giving additional preference points to persons who have been issued a resident annual pioneer combination license pursuant to ORS 497.132 (Combined licenses for residents) or resident disabled veteran hunting license under ORS 497.102 (Hunting licenses and permits) .

(18) May sell advertising in State Department of Fish and Wildlife publications, including annual hunting and angling regulation publications.

(19) May, notwithstanding the fees required by ORS 497.112 (Hunting tags) , provide free hunting tags to an organization that sponsors hunting trips for terminally ill children. Except as provided under ORS 497.116 (Dedication of certain tags for qualified veteran use) , the State Department of Fish and Wildlife may not issue more than 15 tags annually under this subsection.

(20) Shall, after consultation with the State Department of Agriculture, adopt rules prohibiting the use of the World Wide Web, other Internet protocols or broadcast or closed circuit media to remotely control a weapon for the purpose of hunting any game bird, wildlife, game mammal or other mammal. The rules may exempt the State Department of Fish and Wildlife or agents of the department from the prohibition.

(21) May adopt rules establishing a schedule of civil penalties, not to exceed $6,500 per violation, for violations of provisions of the wildlife laws or rules adopted by the commission under the wildlife laws. Civil penalties established under this subsection must be imposed in the manner provided by ORS 183.745 (Civil penalty procedures) and must be deposited in the State Wildlife Fund established under ORS 496.300 (State Wildlife Fund) .

(22) May by rule impose a surcharge not to exceed $25 for the renewal of a hunting license on any person who fails to comply with mandatory hunting reporting requirements. Amounts collected as surcharges under this subsection must be deposited in the State Wildlife Fund established under ORS 496.300 (State Wildlife Fund) .

(23) Intentionally left blank —Ed.

(a) May by rule establish annual and daily Columbia Basin salmon, steelhead and sturgeon recreational fishing endorsements with a fee not to exceed $9.75 per annual license and $1 per day per daily license. An endorsement is required to fish for salmon, steelhead or sturgeon in portions of the Columbia Basin as designated by rule and is in addition to and not in lieu of angling licenses and tags required under the wildlife laws. Amounts collected as fees under this subsection must be deposited in the Columbia River Fisheries Enhancement Fund established under section 7, chapter 672, Oregon Laws 2013.

(b) Notwithstanding paragraph (a) of this subsection, if the commission adopts rules that decrease fishery impacts or the share of salmon allocated to Columbia River recreational fisheries or that expand the areas and seasons where nontribal gillnets are permitted in mainstem lower Columbia River nontribal fisheries as compared to regulatory restrictions in place from 2017 to 2020, the commission may not require or collect the endorsements, beginning in the following calendar year.

(24) May by rule establish multiyear licenses and may prescribe fees for such licenses. Fees prescribed by the commission for multiyear licenses may provide for a discount from the annual license fees that would otherwise be payable for the period of time covered by the multiyear license.

(25) May by rule establish a program to offer unique fishing opportunities through drawings, raffles or auctions and charge application and participation fees for the program. [1973 c.723 §13; 1977 c.177 §1; 1977 c.668 §1; 1981 c.445 §9; 1987 c.292 §2; 1993 c.659 §8; 1999 c.25 §4; 2001 c.253 §1; 2003 c.656 §2; 2005 c.365 §1; 2007 c.338 §1; 2009 c.778 §2; 2011 c.521 §1; 2013 c.236 §1; 2013 c.363 §7; 2013 c.672 §§9,10; 2015 c.629 §§51,52; 2015 c.779 §§7,8; 2018 c.100 §§3,4; 2019 c.82 §§1,2; 2021 c.169 §3]

Note: The amendments to 496.146 (Additional powers of commission) by section 5, chapter 169, Oregon Laws 2021, become operative January 2, 2026. See section 6, chapter 169, Oregon Laws 2021. The text that is operative on and after January 2, 2026, is set forth for the user’s convenience.

496.146 (Additional powers of commission) . In addition to any other duties or powers provided by law, the State Fish and Wildlife Commission:

(1) May accept, from whatever source, appropriations, gifts or grants of money or other property for the purposes of wildlife management, and use such money or property for wildlife management purposes.

(2) May sell or exchange property owned by the state and used for wildlife management purposes when the commission determines that such sale or exchange would be advantageous to the state wildlife policy and management programs.

(3) May acquire, introduce, propagate and stock wildlife species in such manner as the commission determines will carry out the state wildlife policy and management programs.

(4) May by rule authorize the issuance of such licenses, tags and permits for angling, taking, hunting and trapping and may prescribe such tagging and sealing procedures as the commission determines necessary to carry out the provisions of the wildlife laws or to obtain information for use in wildlife management. Permits issued pursuant to this subsection may include special hunting permits for a person and immediate family members of the person to hunt on land owned by that person in areas where permits for deer or elk are limited by quota. As used in this subsection, “immediate family members” means spouses in a marriage, parents, brothers, brothers-in-law, sisters, sisters-in-law, sons, sons-in-law, daughters, daughters-in-law, stepchildren and grandchildren. A landowner who is qualified to receive landowner preference tags from the commission may request two additional tags for providing public access and two additional tags for wildlife habitat programs. This request shall be made to the Access and Habitat Board with supporting evidence that the access is significant and the habitat programs benefit wildlife. The board may recommend that the commission grant the request. When a landowner is qualified under landowner preference rules adopted by the commission and receives a controlled hunt tag for that unit or a landowner preference tag for the landowner’s property and does not use the tag during the regular season, the landowner may use that tag to take an antlerless animal, when approved by the State Department of Fish and Wildlife, to alleviate damage that is presently occurring to the landowner’s property.

(5) May by rule prescribe procedures requiring the holder of any license, tag or permit issued pursuant to the wildlife laws to keep records and make reports concerning the time, manner and place of taking wildlife, the quantities taken and such other information as the commission determines necessary for proper enforcement of the wildlife laws or to obtain information for use in wildlife management.

(6) May establish special hunting and angling areas or seasons in which only persons less than 18 years of age or over 65 years of age are permitted to hunt or angle.

(7) May acquire by purchase, lease, agreement or gift real property and all appropriate interests therein for wildlife management and wildlife-oriented recreation purposes.

(8) May acquire by purchase, lease, agreement, gift, exercise of eminent domain or otherwise real property and all interests therein and establish, operate and maintain thereon public hunting areas.

(9) May establish and develop wildlife refuge and management areas and prescribe rules governing the use of such areas and the use of wildlife refuge and management areas established and developed pursuant to any other provision of law.

(10) May by rule prescribe fees for licenses, tags, permits and applications issued or required pursuant to the wildlife laws, and user charges for angling, hunting or other recreational uses of lands owned or managed by the commission, unless such fees or user charges are otherwise prescribed by law. No fee or user charge prescribed by the commission pursuant to this subsection shall exceed $250.

(11) May enter into contracts with any person or governmental agency for the development and encouragement of wildlife research and management programs and projects.

(12) May perform such acts as may be necessary for the establishment and implementation of cooperative wildlife management programs with agencies of the federal government.

(13) May offer and pay rewards for the arrest and conviction of any person who has violated any of the wildlife laws. No such reward shall exceed $1,000 for any one arrest and conviction.

(14) May by rule prescribe fees for falconry licenses issued pursuant to the wildlife laws, unless such fees are otherwise prescribed by law. Fees prescribed by the commission pursuant to this subsection shall be based on actual or projected costs of administering falconry regulations and shall not exceed $250.

(15) May establish special fishing and hunting seasons and bag limits applicable only to persons with disabilities.

(16) May adopt optimum populations for deer and elk consistent with ORS 496.012 (Wildlife policy) . These population levels shall be reviewed at least once every five years.

(17) Shall establish a preference system so that individuals who are unsuccessful in controlled hunt permit drawings for deer and elk hunting have reasonable assurance of success in those drawings in subsequent years. In establishing the preference system, the commission shall consider giving additional preference points to persons who have been issued a resident annual pioneer combination license pursuant to ORS 497.132 (Combined licenses for residents) or resident disabled veteran hunting license under ORS 497.102 (Hunting licenses and permits) .

(18) May sell advertising in State Department of Fish and Wildlife publications, including annual hunting and angling regulation publications.

(19) May, notwithstanding the fees required by ORS 497.112 (Hunting tags) , provide free hunting tags to an organization that sponsors hunting trips for terminally ill children. Except as provided under ORS 497.116 (Dedication of certain tags for qualified veteran use) , the State Department of Fish and Wildlife may not issue more than 15 tags annually under this subsection.

(20) Shall, after consultation with the State Department of Agriculture, adopt rules prohibiting the use of the World Wide Web, other Internet protocols or broadcast or closed circuit media to remotely control a weapon for the purpose of hunting any game bird, wildlife, game mammal or other mammal. The rules may exempt the State Department of Fish and Wildlife or agents of the department from the prohibition.

(21) May adopt rules establishing a schedule of civil penalties, not to exceed $6,500 per violation, for violations of provisions of the wildlife laws or rules adopted by the commission under the wildlife laws. Civil penalties established under this subsection must be imposed in the manner provided by ORS 183.745 (Civil penalty procedures) and must be deposited in the State Wildlife Fund established under ORS 496.300 (State Wildlife Fund) .

(22) May by rule impose a surcharge not to exceed $25 for the renewal of a hunting license on any person who fails to comply with mandatory hunting reporting requirements. Amounts collected as surcharges under this subsection must be deposited in the State Wildlife Fund established under ORS 496.300 (State Wildlife Fund) .

(23) May by rule establish multiyear licenses and may prescribe fees for such licenses. Fees prescribed by the commission for multiyear licenses may provide for a discount from the annual license fees that would otherwise be payable for the period of time covered by the multiyear license.

(24) May by rule establish a program to offer unique fishing opportunities through drawings, raffles or auctions and charge application and participation fees for the program.

Note: Section 2, chapter 460, Oregon Laws 1995, provides:

Sec. 2. Notwithstanding any other provision of the wildlife laws, the following provisions apply with regard to the issuance and use of landowner preference tags referred to in ORS 496.146 (Additional powers of commission) (4):

(1) Landowner preference tags shall be issued for the hunting of deer, elk or antelope.

(2) Landowner preference tags may be used only for hunting on the landowner’s property.

(3) Subject to subsection (6) of this section, landowner preference tags for the hunting of deer or elk may be transferred to any person of the landowner’s choosing and shall be used for the taking of antlerless animals.

(4) Landowner preference tags for the hunting of antelope are not transferable and may not be used for the taking of buck antelope.

(5) Each landowner preference tag for the hunting of deer may be used to take two antlerless animals before, during or after the hunting season for which the tags are valid for the purpose of alleviating damage that is presently occurring to the landowner’s property, in accordance with such rules as the State Fish and Wildlife Commission may adopt.

(6) Landowner preference tags for the hunting of deer or elk may be transferred to a person of the landowner’s choosing as follows:

(a) A landowner who is issued only one tag may not transfer that tag.

(b) A landowner who is issued two or more tags may transfer not more than 50 percent of the tags to a person who is not an immediate family member, as defined in ORS 496.146 (Additional powers of commission) (4). If the calculation of the number of tags eligible for transfer under the provisions of this paragraph results in a fraction, the commission shall round up the number of tags to the next whole number.

(7) Intentionally left blank —Ed.

(a) As specified pursuant to a formula determined by the commission by rule, the number of landowner preference tags issued for mule deer must be based upon the management, research and habitat needs set forth in the wildlife management plan for mule deer.

(b) If the population of mule deer in a wildlife management unit is greater than the goal specified in the wildlife management plan for mule deer, a landowner who is issued a landowner preference tag is eligible, pursuant to criteria established by rule of the commission, for the number of tags that corresponds to the number of acres that landowner has registered with the State Department of Fish and Wildlife for participation in the program.

(c) The commission may specify by rule a formula for determining the number of landowner preference tags that are available for controlled hunts for mule deer in a wildlife management unit in which the population of mule deer is less than the goal specified for that wildlife management unit in the wildlife management plan for mule deer.

(8) Landowners shall pay the applicable fee under ORS 497.061 (License, tag and permit fee schedule) to register for participation in the program.

(9) A landowner shall pay the applicable fee under ORS 497.061 (License, tag and permit fee schedule) to modify the landowner’s tag distribution. [1995 c.460 §2; 2001 c.227 §1; 2009 c.349 §1; 2009 c.832 §2a; 2013 c.363 §1; 2015 c.779 §10; 2021 c.208 §1]

Note: Section 2, chapter 208, Oregon Laws 2021, provides:

Sec. 2. Section 2, chapter 460, Oregon Laws 1995, as amended by section 1, chapter 227, Oregon Laws 2001, section 1, chapter 349, Oregon Laws 2009, section 2a, chapter 832, Oregon Laws 2009, section 1, chapter 363, Oregon Laws 2013, and section 10, chapter 779, Oregon Laws 2015, and section 1 of this 2021 Act, is repealed on January 2, 2026. [2021 c.208 §2]

Source: Section 496.146 — Additional powers of commission; rules; fees; penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 497.061 — OR Code / Title 41 / Chapter 497 / Section 497.061
497.061 License, tag and permit fee schedule
Status: in_force

(1) Except as otherwise provided by law, the State Fish and Wildlife Commission shall charge the fees listed in the fee schedule under this section for the issuance of the specified licenses, tags and permits.

(2) Fee Schedule:

Prices shown include agent fees

under ORS 497.022 (Issuance of licenses, tags or permits by commission agents) and dedications

of funds collected as otherwise

prescribed by law. Resident Nonresident Statutory

Fee Fee Reference

ANNUAL HUNTING LICENSE $34.50 $172.00 497.102 (Hunting licenses and permits)

RESIDENT SENIOR HUNTING LICENSE $22.00 - 497.102 (Hunting licenses and permits)

RESIDENT DISABLED VET HUNTER LICENSE FREE - 497.102 (Hunting licenses and permits)

HUNTER LICENSE $17.00 - 497.102 (Hunting licenses and permits)

NONRESIDENT THREE-DAY BIRD LICENSE - $32.50 497.102 (Hunting licenses and permits)

HUNTING TAGS/VALIDATIONS

DEER TAG $28.50 $443.50 497.112 (Hunting tags)

ELK TAG $49.50 $588.00 497.112 (Hunting tags)

SPECIAL ELK TAG (DV/PIONEER) $26.00 - 497.112 (Hunting tags)

BLACK BEAR TAG $16.50 $16.50 497.112 (Hunting tags)

TURKEY TAG $26.50 $90.00 497.112 (Hunting tags)

ANTELOPE TAG $51.50 $395.50 497.112 (Hunting tags)

MOUNTAIN SHEEP TAG $142.00 $1,513.50 497.112 (Hunting tags)

COUGAR TAG $16.50 $16.50 497.112 (Hunting tags)

MOUNTAIN GOAT TAG $142.00 $1,513.50 497.112 (Hunting tags)

RESIDENT UPLAND BIRD STAMP $10.00 - 497.153 (Annual upland bird stamp)

RESIDENT WATERFOWL STAMP $13.50 - 497.151 (Annual migratory waterfowl stamp)

NONRESIDENT BIRD-WATERFOWL STAMP - $44.50 497.156 (Annual nonresident bird-waterfowl stamp)

FISHING LICENSES/VALIDATIONS

ANNUAL ANGLING LICENSE $44.00 $110.50 497.121 (Angling and shellfish licenses and tags)

RESIDENT SENIOR ANGLING LICENSE $29.00 - 497.121 (Angling and shellfish licenses and tags)

RESIDENT DISABLED VET ANGLER LICENSE FREE - 497.121 (Angling and shellfish licenses and tags)

ONE-DAY ANGLING AND SHELLFISH LICENSE $23.00 $23.00 497.121 (Angling and shellfish licenses and tags)

TWO-DAY ANGLING LICENSE $42.00 $42.00 497.121 (Angling and shellfish licenses and tags)

THREE-DAY ANGLING LICENSE $59.50 $59.50 497.121 (Angling and shellfish licenses and tags)

NONRESIDENT SEVEN-DAY ANGLING LICENSE - $93.50 497.121 (Angling and shellfish licenses and tags)

ANNUAL COMBINED ANGLING TAG $46.00 $66.00 497.12

HATCHERY HARVEST TAG $33.00 $33.00 497.121 (Angling and shellfish licenses and tags)

TWO-ROD ANGLING LICENSE $28.00 $28.00 497.121 (Angling and shellfish licenses and tags)

ANNUAL SHELLFISH LICENSE $10.00 $28.00 497.121 (Angling and shellfish licenses and tags)

NONRESIDENT THREE-DAY SHELLFISH LICENSE - $19.00 497.121 (Angling and shellfish licenses and tags)

RESIDENT DISABLED VET SHELLFISH LICENSE FREE - 497.121 (Angling and shellfish licenses and tags)

COMBINATION LICENSE $73.00 - 497.132 (Combined licenses for residents)

RESIDENT SPORTSPAC LICENSE $196.50 - 497.132 (Combined licenses for residents)

RESIDENT SENIOR COMBINATION LICENSE $47.50 - 497.132 (Combined licenses for residents)

RESIDENT PIONEER COMBINATION LICENSE $6.00 - 497.132 (Combined licenses for residents)

YOUTH LICENSES/VALIDATIONS (ages 12-17)

YOUTH LICENSE $10.00 $10.00 497.127 (Youth licenses)

RESIDENT YOUTH SPORTSPAC LICENSE $55.00 - 497.132 (Combined licenses for residents)

YOUTH ANNUAL COMBINED ANGLING TAG $5.00 $5.00 497.121 (Angling and shellfish licenses and tags)

YOUTH UPLAND BIRD STAMP $4.00 $4.00 497.153 (Annual upland bird stamp)

YOUTH WATERFOWL STAMP $4.00 $4.00 497.151 (Annual migratory waterfowl stamp)

YOUTH TURKEY TAG $10.50 $10.50 497.112 (Hunting tags)

YOUTH HUNT/TRAP FUR-BEARERS LICENSE $17.00 $17.00 497.142 (Fur-bearer trapping or hunting license and tag)

DUPLICATE CERTIFICATE FILING $25.50 $25.50 497.032 (Duplicate licenses, tags and permits)

GUIDE TAG — DEER - $575.00 497.112 (Hunting tags)

GUIDE TAG — ELK - $848.00 497.112 (Hunting tags)

RESIDENT HUNT/TRAP FUR-BEARERS LICENSE $54.50 - 497.142 (Fur-bearer trapping or hunting license and tag)

NONRESIDENT FUR-TAKERS HUNT/TRAP LICENSE - $407.00 497.142 (Fur-bearer trapping or hunting license and tag)

RESIDENT HUNT FUR-BEARERS LICENSE $26.00 - 497.142 (Fur-bearer trapping or hunting license and tag)

PRIVATE HUNTING PRESERVE PERMIT $6.50 $14.00 497.102 (Hunting licenses and permits)

OUTDOOR CLUB LICENSE $100.00 $100.00 498.418 (License application)

LOP REGISTRATION $35.00 $35.00 496.146 (Additional powers of commission)

LOP TAG REDISTRIBUTION $17.00 $17.00 496.146 (Additional powers of commission)

RSC STEELHEAD VALIDATION $2.00 $4.00 497.121 (Angling and shellfish licenses and tags)

RSC WILD STEELHEAD HARVEST CARD $10.00 $20.00 497.121 (Angling and shellfish licenses and tags)

OCCUPATIONAL LICENSES/PERMITS

FUR DEALER LICENSE $111.00 - 497.258 (Licensing authority)

TAXIDERMIST LICENSE $111.00 - 497.258 (Licensing authority)

WILDLIFE PROPAGATION LICENSE $58.00 - 497.258 (Licensing authority)

FISH PROPAGATION LICENSE $151.50 - 497.258 (Licensing authority)

PRIVATE HUNTING PRESERVE LICENSE $232.00 - 497.258 (Licensing authority)

STURGEON PROPAGATION PERMIT $3,573.00 $3,573.00 497.325 (Sturgeon hatchery operation permits)

[2015 c.779 §2; 2015 c.779 §§55,57,59; 2022 c.56 §1]

Note: The amendments to 497.061 (License, tag and permit fee schedule) by section 61, chapter 779, Oregon Laws 2015, become operative January 1, 2027. See section 62, chapter 779, Oregon Laws 2015. The text that is operative on and after January 1, 2027, including amendments by section 2, chapter 56, Oregon Laws 2022, is set forth for the user’s convenience.

497.061 (License, tag and permit fee schedule) . (1) Except as otherwise provided by law, the State Fish and Wildlife Commission shall charge the fees listed in the fee schedule under this section for the issuance of the specified licenses, tags and permits.

(2) Fee Schedule:

Prices shown include agent fees

under ORS 497.022 (Issuance of licenses, tags or permits by commission agents) and dedications

of funds collected as otherwise

prescribed by law. Resident Nonresident Statutory

Fee Fee Reference

ANNUAL HUNTING LICENSE $34.50 $172.00 497.102 (Hunting licenses and permits)

RESIDENT SENIOR HUNTING LICENSE $22.00 - 497.102 (Hunting licenses and permits)

RESIDENT DISABLED VET HUNTER LICENSE FREE - 497.102 (Hunting licenses and permits)

HUNTER LICENSE $17.00 - 497.102 (Hunting licenses and permits)

NONRESIDENT THREE-DAY BIRD LICENSE - $32.50 497.102 (Hunting licenses and permits)

HUNTING TAGS/VALIDATIONS

DEER TAG $28.50 $443.50 497.112 (Hunting tags)

ELK TAG $49.50 $588.00 497.112 (Hunting tags)

SPECIAL ELK TAG (DV/PIONEER) $26.00 - 497.112 (Hunting tags)

BLACK BEAR TAG $16.50 $16.50 497.112 (Hunting tags)

TURKEY TAG $26.50 $90.00 497.112 (Hunting tags)

ANTELOPE TAG $51.50 $395.50 497.112 (Hunting tags)

MOUNTAIN SHEEP TAG $142.00 $1,513.50 497.112 (Hunting tags)

COUGAR TAG $16.50 $16.50 497.112 (Hunting tags)

MOUNTAIN GOAT TAG $142.00 $1,513.50 497.112 (Hunting tags)

RESIDENT UPLAND BIRD STAMP $10.00 - 497.153 (Annual upland bird stamp)

RESIDENT WATERFOWL STAMP $13.50 - 497.151 (Annual migratory waterfowl stamp)

NONRESIDENT BIRD-WATERFOWL STAMP - $44.50 497.156 (Annual nonresident bird-waterfowl stamp)

FISHING LICENSES/VALIDATIONS

ANNUAL ANGLING LICENSE $43.00 $109.00 497.121 (Angling and shellfish licenses and tags)

RESIDENT SENIOR ANGLING LICENSE $29.00 - 497.121 (Angling and shellfish licenses and tags)

RESIDENT DISABLED VET ANGLER LICENSE FREE - 497.121 (Angling and shellfish licenses and tags)

ONE-DAY ANGLING AND SHELLFISH LICENSE $23.00 $23.00 497.121 (Angling and shellfish licenses and tags)

TWO-DAY ANGLING LICENSE $42.00 $42.00 497.121 (Angling and shellfish licenses and tags)

THREE-DAY ANGLING LICENSE $59.50 $59.50 497.121 (Angling and shellfish licenses and tags)

NONRESIDENT SEVEN-DAY ANGLING LICENSE - $92.00 497.121 (Angling and shellfish licenses and tags)

ANNUAL COMBINED ANGLING TAG $46.00 $66.00 497.121 (Angling and shellfish licenses and tags)

HATCHERY HARVEST TAG $33.00 $33.00 497.121 (Angling and shellfish licenses and tags)

TWO-ROD ANGLING LICENSE $28.00 $28.00 497.121 (Angling and shellfish licenses and tags)

ANNUAL SHELLFISH LICENSE $10.00 $28.00 497.121 (Angling and shellfish licenses and tags)

NONRESIDENT THREE-DAY SHELLFISH LICENSE - $19.00 497.121 (Angling and shellfish licenses and tags)

RESIDENT DISABLED VET SHELLFISH LICENSE FREE - 497.121 (Angling and shellfish licenses and tags)

COMBINATION LICENSE $72.00 - 497.132 (Combined licenses for residents)

RESIDENT SPORTSPAC LICENSE $196.50 - 497.132 (Combined licenses for residents)

RESIDENT SENIOR COMBINATION LICENSE $47.50 - 497.132 (Combined licenses for residents)

RESIDENT PIONEER COMBINATION LICENSE $6.00 - 497.132 (Combined licenses for residents)

YOUTH LICENSES/VALIDATIONS (ages 12-17)

YOUTH LICENSE $10.00 $10.00 497.127 (Youth licenses)

RESIDENT YOUTH SPORTSPAC LICENSE $55.00 - 497.132 (Combined licenses for residents)

YOUTH ANNUAL COMBINED ANGLING TAG $5.00 $5.00 497.121 (Angling and shellfish licenses and tags)

YOUTH UPLAND BIRD STAMP $4.00 $4.00 497.153 (Annual upland bird stamp)

YOUTH WATERFOWL STAMP $4.00 $4.00 497.151 (Annual migratory waterfowl stamp)

YOUTH TURKEY TAG $10.50 $10.50 497.112 (Hunting tags)

YOUTH HUNT/TRAP FUR-BEARERS LICENSE $17.00 $17.00 497.142 (Fur-bearer trapping or hunting license and tag)

DUPLICATE CERTIFICATE FILING $25.50 $25.50 497.032 (Duplicate licenses, tags and permits)

GUIDE TAG :B1EM. DEER - $575.00 497.112 (Hunting tags)

GUIDE TAG :B1EM. ELK - $848.00 497.112 (Hunting tags)

RESIDENT HUNT/TRAP FUR-BEARERS LICENSE $54.50 - 497.142 (Fur-bearer trapping or hunting license and tag)

NONRESIDENT FUR-TAKERS HUNT/TRAP LICENSE - $407.00 497.142 (Fur-bearer trapping or hunting license and tag)

RESIDENT HUNT FUR-BEARERS LICENSE $26.00 - 497.142 (Fur-bearer trapping or hunting license and tag)

PRIVATE HUNTING PRESERVE PERMIT $6.50 $14.00 497.102 (Hunting licenses and permits)

OUTDOOR CLUB LICENSE $100.00 $100.00 498.418 (License application)

LOP REGISTRATION $35.00 $35.00 496.146 (Additional powers of commission)

LOP TAG REDISTRIBUTION $17.00 $17.00 496.146 (Additional powers of commission)

RSC STEELHEAD VALIDATION $2.00 $4.00 497.121 (Angling and shellfish licenses and tags)

RSC WILD STEELHEAD HARVEST CARD $10.00 $20.00 497.121 (Angling and shellfish licenses and tags)

OCCUPATIONAL LICENSES/PERMITS

FUR DEALER LICENSE $111.00 - 497.258 (Licensing authority)

TAXIDERMIST LICENSE $111.00 - 497.258 (Licensing authority)

WILDLIFE PROPAGATION LICENSE $58.00 - 497.258 (Licensing authority)

FISH PROPAGATION LICENSE $151.50 - 497.258 (Licensing authority)

PRIVATE HUNTING PRESERVE LICENSE $232.00 - 497.258 (Licensing authority)

STURGEON PROPAGATION PERMIT $3,573.00 $3,573.00 497.325 (Sturgeon hatchery operation permits)

LICENSE, TAG AND PERMIT REQUIREMENTS

Source: Section 497.061 — License, tag and permit fee schedule , https://www.­oregonlegislature.­gov/bills_laws/ors/ors497.­html (accessed May 26, 2025).
ORS § 496.835 — OR Code / Title 41 / Chapter 496 / Section 496.835
496.835 Oregon Fish and Wildlife Hydroelectric Fund
Status: in_force

(1) There is created within the State Treasury a revolving fund known as the Oregon Fish and Wildlife Hydroelectric Fund, separate and distinct from the General Fund. The moneys in this fund are continuously appropriated for use by the State Department of Fish and Wildlife in its activities related to hydroelectric projects including payment of necessary administrative expenses.

(2) The fund created by subsection (1) of this section shall consist of all moneys received under sections 4 and 5, chapter 674, Oregon Laws 1985, ORS 496.820 (Permit or license fee) and 496.825 (Application fee) and moneys transferred from the Water Resources Department Hydroelectric Fund as provided in ORS 536.015 (Water Resources Department Hydroelectric Fund) .

(3) Moneys in the fund may be invested as provided in ORS 293.701 (Definitions for ORS 293.701 to 293.857) to 293.857 (Separate accounts for each local government) . Interest from any source derived from the investment of the moneys of the fund shall be credited to the fund. [1985 c.674 §8; 1991 c.869 §3]

Source: Section 496.835 — Oregon Fish and Wildlife Hydroelectric Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 498.012 — OR Code / Title 41 / Chapter 498 / Section 498.012
498.012 Taking wildlife causing damage, posing public health risk or that is public nuisance
Status: repealed

(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) Subsection (1) of this section does not:

(a) Require 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) Require 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.

(c) Require a permit for the taking of a beaver:

(A) If the beaver damages or imminently threatens infrastructure or agricultural crops.

(B) By an owner of small forestland, as defined in ORS 498.062 (Takings of beaver by owners of forestland) , or a designee of the owner, if the beaver is causing damage or has the potential to cause damage.

(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) ORS 498.014 (Taking of wolves by State Department of Fish and Wildlife to address chronic depredation) governs the taking of wolves that are causing damage.

(7) Intentionally left blank —Ed.

(a) The commission shall adopt rules governing the taking of beavers authorized by subsection (1) of this section.

(b) The rules must:

(A) Require a person who takes a beaver to report the taking, even if the taking is authorized by the commission for emergency purposes.

(B) Address the taking of beavers that occurs on private land and the taking of beavers that occurs during a time other than an authorized trapping season.

(C) Be consistent with the provisions of subsection (2)(c) of this section.

(c) In adopting the rules, the commission shall consider:

(A) Ways to encourage coexistence with beavers.

(B) The use of tools to manage or prevent damage caused by beavers, including tools such as tree protection, pond levelers and culvert protection systems.

(C) Whether to require a person who takes a beaver to report the location of the taking, including the watershed or subwatershed in which the taking occurred.

(D) Under which conditions to authorize a person to take a beaver without a permit if the beaver is causing damage to property or infrastructure.

(8) A person who takes a beaver pursuant to subsection (2)(c)(A) of this section shall report the taking as required by rules adopted by the commission under subsection (7) of this section.

(9) Rules adopted pursuant to subsection (7) of this section do not apply to the taking of a beaver on privately owned forestland if the taking is subject to the provisions of ORS 498.061 (Reporting takings of beaver) , 498.062 (Takings of beaver by owners of forestland) or 498.063 (Restrictions related to trapping of beavers) .

(10) The department shall publish data related to takings of beavers in an annual report and shall make the report available to the public.

(11) As used in this section:

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

(b) “Forestland” has the meaning given that term in ORS 527.620 (Definitions for ORS 527.610 to 527.770) .

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

(d) “Public nuisance” means loss of or harm inflicted on gardens, ornamental plants, ornamental trees, pets, vehicles, boats, structures or other personal property.

(e) “Small forestland” has the meaning given that term in ORS 498.062 (Takings of beaver by owners of forestland) . [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; 2013 c.626 §4; 2023 c.445 §2]

Note: Sections 3 and 4, chapter 445, Oregon Laws 2023, provide:

Sec. 3. The State Fish and Wildlife Commission shall adopt rules required under ORS 498.012 (Taking wildlife causing damage, posing public health risk or that is public nuisance) (7) on or before December 31, 2024. [2023 c.445 §3]

Sec. 4. (1) The amendments to ORS 610.002 by section 1 of this 2023 Act become operative on the date the State Fish and Wildlife Commission adopts the rules required under ORS 498.012 (Taking wildlife causing damage, posing public health risk or that is public nuisance) (7).

(2) The commission shall notify the Legislative Counsel upon adoption of rules required under ORS 498.012 (Taking wildlife causing damage, posing public health risk or that is public nuisance) (7). [2023 c.445 §4]

Note: Sections 1 to 3, chapter 331, Oregon Laws 2017, provide:

Sec. 1. Urban deer and elk population control. (1) As used in this section, “food bank or other charitable organization” has the meaning given that term in ORS 315.154 (Definitions for crop donation credit) .

(2) The State Fish and Wildlife Commission shall develop and adopt by rule a pilot program for urban deer and elk population control that:

(a) Following the passage by a city of an ordinance, resolution or order declaring that a deer or elk population has risen to a level that constitutes a public nuisance, allows the city to petition the State Department of Fish and Wildlife for assistance in reducing the deer or elk population level within city limits; and

(b) In cities where the department determines that a deer or elk population constitutes a public nuisance, allows a local government body or an appropriate agent to take the deer or elk for the purpose of reducing the deer or elk population level.

(3) To implement the pilot program under this section, the department shall consult with:

(a) The governing bodies of cities where high urban deer or elk populations are a concern; and

(b) Food banks or other charitable organizations that serve the governing bodies described in paragraph (a) of this subsection.

(4) Rules for the pilot program adopted by the commission must include, but need not be limited to:

(a) Provisions for the means and manner by which deer and elk may be taken under the pilot program, which must include a prohibition on taking deer or elk by dart or lethal injection;

(b) Provisions for ensuring, to the extent feasible, that the edible portions of any deer or elk taken under the pilot program are distributed, at the expense of the local government, to a local food bank or other charitable organization;

(c) A requirement that, if the hides and antlers of a deer or elk taken under the program are not sold by the local government to persons licensed under ORS 498.019 (Purchase, sale or exchange of hides, antlers and other parts of deer, elk and antelope) , that the antlers must be surrendered to the department; and

(d) Provisions for ensuring that the number of deer and elk taken under the pilot program do not exceed the number necessary to be taken to reduce the deer or elk population to a level that no longer constitutes a public nuisance.

(5) Prior to exercising any power granted by the pilot program adopted under this section, the governing body of a city shall adopt by ordinance restrictions on placing, depositing, distributing, storing or scattering food, garbage or any other attractant so as to knowingly constitute a lure, attractant or enticement for deer or elk. [2017 c.331 §1; 2021 c.144 §1]

Sec. 2. Report on pilot program. (1) The State Department of Fish and Wildlife shall first allow a local government to engage in activities related to deer pursuant to the pilot program adopted under section 1, chapter 331, Oregon Laws 2017, no later than January 1, 2019.

(2) The department may first allow a local government to engage in activities related to elk pursuant to the pilot program described in section 1, chapter 331, Oregon Laws 2017, as amended by section 1 of this 2021 Act, on or after the effective date of this 2021 Act [January 1, 2022].

(3) The department shall prepare and submit a report in the manner provided in ORS 192.245 (Form of report to legislature) on the implementation of the urban deer and elk population control pilot program, that may include recommendations for legislation, to the committees of the Legislative Assembly related to the environment and natural resources during the 2027 regular session of the Legislative Assembly. [2017 c.331 §2; 2021 c.144 §2]

Sec. 3. Sections 1 and 2 of this 2017 Act are repealed on January 1, 2029. [2017 c.331 §3]

Source: Section 498.012 — Taking wildlife causing damage, posing public health risk or that is public nuisance; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 498.052 — OR Code / Title 41 / Chapter 498 / Section 498.052
498.052 Releasing domestically raised or imported wildlife without permit prohibited
Status: in_force

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]

Source: Section 498.052 — Releasing domestically raised or imported wildlife without permit prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 498.831 — OR Code / Title 41 / Chapter 498 / Section 498.831
498.831 Oregon Hatchery Research Center
Status: in_force

(1) The hatchery research center located on Fall Creek, near Alsea, is named the Oregon Hatchery Research Center.

(2) Pursuant to the strategic directions and operation objectives established by the Oregon Hatchery Research Center Board under ORS 498.827 (Duties of Oregon Hatchery Research Center Board) , the center shall carry out the following activities:

(a) Conduct research that assists in the implementation and advancement of native fish population recovery as well as viable fisheries.

(b) Conduct research on methods to minimize the genetic and ecological risks to naturally produced native fish when hatchery produced fish are released in the waters of this state for population recovery or consumptive fishery objectives.

(c) Conduct research to determine the genetic and ecological risk to naturally produced native fish when wild native broodstock hatchery produced native fish are released into the waters of this state.

(d) Conduct research to determine the effect of hatchery operations on naturally produced native fish and the habitat of naturally produced native fish.

(e) Provide educational and research opportunities for undergraduate students, graduate students and post-graduate students.

(f) Provide educational opportunities for the public and for students in grades 1 through 12.

(g) Consider any recommendations made by the Oregon Hatchery Research Center Board pursuant to ORS 498.827 (Duties of Oregon Hatchery Research Center Board) .

(3) The Director of the Oregon Hatchery Research Center shall post information about the research specified in subsection (2) of this section on the center’s website for public access.

(4) As used in this section, “waters of this state” has the meaning given that term in ORS 196.800 (Definitions for ORS 196.600 to 196.921) . [2013 c.664 §5]

Note: See note under 498.825 (Oregon Hatchery Research Center Board) .

Source: Section 498.831 — Oregon Hatchery Research Center; activities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 496.690 — OR Code / Title 41 / Chapter 496 / Section 496.690
496.690 Possession of wildlife as evidence of illegal taking
Status: in_force

The fact that any person has any wildlife, or any part thereof, in possession when it is illegal to take or have same is prima facie evidence that such person killed such wildlife illegally. [Amended by 1971 c.658 §20]

Source: Section 496.690 — Possession of wildlife as evidence of illegal taking , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 496.550 — OR Code / Title 41 / Chapter 496 / Section 496.550
496.550 Migratory waterfowl stamps
Status: in_force

(1) The State Fish and Wildlife Commission shall arrange, by contest or other appropriate means, for the selection of the design of the annual migratory waterfowl stamps required by ORS 497.151 (Annual migratory waterfowl stamp) and for the production and sale of the stamps.

(2) The commission may produce stamps in such number as the commission considers appropriate and may make stamps available for the creation of migratory waterfowl art prints and other related art works and may arrange for the sale of stamps, prints and art works to persons desiring to purchase those items. [1983 c.801 §5; 2015 c.779 §45]

Source: Section 496.550 — Migratory waterfowl stamps; design selection; production of stamps and art works , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 496.242 — OR Code / Title 41 / Chapter 496 / Section 496.242
496.242 Access and habitat program funds
Status: in_force

(1) Notwithstanding ORS 496.300 (State Wildlife Fund) , all moneys received by the State Fish and Wildlife Commission pursuant to ORS 497.104 (Access and habitat program funding) shall be deposited in the Access and Habitat Board Subaccount established in the Fish and Wildlife Account. Moneys in the subaccount may be expended only for the access and habitat programs recommended by the Access and Habitat Board for the benefit of the wildlife resources of this state.

(2) The State Department of Fish and Wildlife shall credit the subaccount with a sum equal to 15 percent of the other fund budget for the green forage and Deer Enhancement and Restoration programs in each biennium.

(3) The department shall not assess its personnel costs in the administration of ORS 496.169 (Citizen involvement for wildlife management on private lands) and 496.228 (Access and Habitat Board) to 496.242 (Access and habitat program funds) against the subaccount referred to in this section without the prior approval of the Access and Habitat Board. [1993 c.659 §14; 2001 c.822 §1]

Source: Section 496.242 — Access and habitat program funds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 497.123 — OR Code / Title 41 / Chapter 497 / Section 497.123
497.123 Hatchery harvest tag rules
Status: in_force

The State Fish and Wildlife Commission shall adopt rules for the issuance of hatchery harvest tags to persons holding an annual angling license and an annual tag to angle for salmon and steelhead. The rules shall allow persons holding a hatchery harvest tag to angle for 10 fin clipped or otherwise marked returning hatchery salmon and steelhead. [2001 c.94 §1]

Note: 497.123 (Hatchery harvest tag rules) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 497 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 497.123 — Hatchery harvest tag rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors497.­html (accessed May 26, 2025).
ORS § 498.042 — OR Code / Title 41 / Chapter 498 / Section 498.042
498.042 Removal of parts of wildlife and waste of wildlife prohibited
Status: in_force

(1) Except as provided in subsection (2) of this section, a person may not remove the following parts from the carcass of any wildlife and utilize only those parts so removed:

(a) From the carcass of any game mammal or game bird, the head, antlers, horns, hide or plumage.

(b) From the carcass of a black bear or cougar, the paws, gallbladder, sex organs or bones.

(c) From the carcass of a sturgeon, salmon or steelhead, the eggs.

(2) Subsection (1) of this section does not apply to the removal of wildlife parts by a person:

(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.

(3) 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; 2016 c.37 §3]

Source: Section 498.042 — Removal of parts of wildlife and waste of wildlife prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 496.350 — OR Code / Title 41 / Chapter 496 / Section 496.350
496.350 Willamette River Basin Bonneville Power Administration Stewardship Fund
Status: in_force

(1) The Willamette River Basin Bonneville Power Administration Stewardship Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Willamette River Basin Bonneville Power Administration Stewardship Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Department of Fish and Wildlife for long-term operation, maintenance and protection activities that preserve or advance the conservation values of properties purchased under the Willamette River Basin Memorandum of Agreement Regarding Wildlife Habitat Protection and Enhancement between the State of Oregon and the Bonneville Power Administration, dated October 22, 2010. Moneys in the fund may not be used to purchase property or easements.

(2) The Willamette River Basin Bonneville Power Administration Stewardship Fund shall consist of moneys accepted by this state pursuant to the Willamette River Basin Memorandum of Agreement Regarding Wildlife Habitat Protection and Enhancement between the State of Oregon and the Bonneville Power Administration, dated October 22, 2010.

(3) Moneys in the Willamette River Basin Bonneville Power Administration Stewardship Fund may, with the approval of the State Treasurer, be invested as provided by ORS 293.701 (Definitions for ORS 293.701 to 293.857) to 293.857 (Separate accounts for each local government) , and the earnings from such investment shall be credited to the Willamette River Basin Bonneville Power Administration Stewardship Fund. [2013 c.121 §1]

Note: 496.350 (Willamette River Basin Bonneville Power Administration Stewardship Fund) 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.

Source: Section 496.350 — Willamette River Basin Bonneville Power Administration Stewardship Fund; sources; uses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 496.303 — OR Code / Title 41 / Chapter 496 / Section 496.303
496.303 Fish and Wildlife Account
Status: in_force

(1) The Fish and Wildlife Account is established in the State Treasury, separate and distinct from the General Fund. All moneys in the account are continuously appropriated to the State Fish and Wildlife Commission. The Fish and Wildlife Account shall consist of the moneys in its various subaccounts and any moneys transferred to the account by the Legislative Assembly. Unless otherwise specified by law, interest earnings on moneys in the account shall be paid into the State Treasury and credited to the State Wildlife Fund.

(2) Intentionally left blank —Ed.

(a) The Fish Screening Subaccount is established in the Fish and Wildlife Account. The subaccount shall consist of:

(A) All penalties recovered under ORS 536.900 (Civil penalties) to 536.920 (Factors to be considered in imposition of penalty) .

(B) All moneys received pursuant to ORS 498.306 (Screening or by-pass devices for water diversions) .

(C) All gifts, grants and other moneys from whatever source that may be used to carry out the provisions of ORS 498.306 (Screening or by-pass devices for water diversions) .

(D) All moneys received from the sale of angling licenses dedicated by ORS 497.124 (Special dedication of fees to Fish Screening Subaccount) .

(b) All moneys in the subaccount shall be used to carry out the provisions of ORS 315.138 (Screening devices, by-pass devices or fishways) , 498.306 (Screening or by-pass devices for water diversions) and 509.620 (Condemning inadequate or nonfunctioning fish passage) . However, moneys received from the sale of angling licenses dedicated by ORS 497.124 (Special dedication of fees to Fish Screening Subaccount) shall be expended only to carry out the provisions of law relating to the screening of water diversions.

(3) The Fish Endowment Subaccount is established in the Fish and Wildlife Account. The subaccount shall consist of transfers of moneys authorized by the Legislative Assembly from the State Wildlife Fund and gifts and grants of moneys from whatever source for the purpose of paying the expense of maintaining fish hatcheries operated by the department.

(4) The Migratory Waterfowl Subaccount is established in the Fish and Wildlife Account. All moneys received by the commission from the sale of art works and prints related to the migratory waterfowl stamps shall be deposited in the subaccount. Moneys in the subaccount may be expended only for activities that promote the propagation, conservation and recreational uses of migratory waterfowl and for activities related to the design, production, issuance and arrangements for sale of the migratory waterfowl stamps and related art works and prints. Expenditures of moneys in the subaccount may be made within this state, in other states or in foreign countries, in such amounts as the commission determines appropriate. Expenditures in other states and foreign countries shall be on such terms and conditions as the commission determines will benefit most directly the migratory waterfowl resources of this state.

(5) The Halibut Research Subaccount is established in the Fish and Wildlife Account. Based on the annual number of recreational halibut anglers, a portion of the moneys derived from the sale of the salmon, steelhead trout, sturgeon and halibut tag pursuant to ORS 497.121 (Angling and shellfish licenses and tags) shall be credited to the subaccount. Moneys in the subaccount may be expended only for halibut population studies and other research.

(6) The Upland Bird Subaccount is established in the Fish and Wildlife Account. All moneys received by the State Fish and Wildlife Commission from the sale of upland bird stamps, from the sale of any art works and prints related to the upland bird stamps and from private hunting preserve permit fees shall be deposited in the subaccount. Moneys in the subaccount may be expended only for promoting the propagation and conservation of upland birds and the acquisition, development, management, enhancement, sale or exchange of upland bird habitat, and for activities related to the design, production, issuance and arrangements for sale of the upland bird stamps and related art works and prints. Expenditures of moneys in the subaccount shall be made for the benefit of programs within this state in such amounts and at such times as the commission determines appropriate to most directly benefit the upland bird resources of the state.

(7) The Access and Habitat Board Subaccount is established in the Fish and Wildlife Account. The subaccount shall consist of moneys transferred to the subaccount pursuant to ORS 496.242 (Access and habitat program funds) . Moneys in the subaccount may be used for the purposes specified in ORS 496.242 (Access and habitat program funds) .

(8) The Marine Shellfish Subaccount is established in the Fish and Wildlife Account. Interest earnings on moneys in the subaccount shall be credited to the subaccount. All moneys received by the commission from the sale of resident and nonresident shellfish licenses pursuant to ORS 497.121 (Angling and shellfish licenses and tags) shall be deposited in the subaccount. Moneys in the subaccount shall be used for the protection and enhancement of shellfish for recreational purposes, including shellfish sanitation costs and the cost of enforcement of wildlife laws pertaining to the taking of shellfish. The State Fish and Wildlife Director, or a designee, the Director of Agriculture, or a designee, and the Superintendent of State Police, or a designee, shall jointly make a recommendation to the Governor for inclusion in the Governor’s budget beginning July 1 of each odd-numbered year.

(9) Intentionally left blank —Ed.

(a) The Mountain Sheep Subaccount is established in the Fish and Wildlife Account, consisting of moneys collected under ORS 497.112 (Hunting tags) (2)(a) to (c).

(b) All moneys in the subaccount shall be used for the propagation and conservation of mountain sheep, for research, development, management, enhancement and sale or exchange of mountain sheep habitat and for programs within the state that in the discretion of the commission most directly benefit mountain sheep resources of this state.

(10) Intentionally left blank —Ed.

(a) The Antelope Subaccount is established in the Fish and Wildlife Account, consisting of moneys collected under ORS 497.112 (Hunting tags) (2)(a) to (c).

(b) All moneys in the subaccount shall be used for the propagation and conservation of antelope, for research, development, management, enhancement and sale or exchange of antelope habitat and for programs within the state that in the discretion of the commission most directly benefit antelope resources of this state.

(11) Intentionally left blank —Ed.

(a) The Mountain Goat Subaccount is established in the Fish and Wildlife Account, consisting of moneys collected under ORS 497.112 (Hunting tags) (2)(a) to (c).

(b) All moneys in the subaccount shall be used for the propagation and conservation of mountain goats for research, development, management, enhancement and sale or exchange of mountain goat habitat and for programs within the state that in the discretion of the commission most directly benefit mountain goat resources of this state.

(12) The commission shall keep a record of all moneys deposited in the Fish and Wildlife Account. The record shall indicate by separate cumulative accounts the sources from which the moneys are derived and the individual activity or programs against which each withdrawal is charged.

(13) The Oregon Conservation Strategy Subaccount is established in the Fish and Wildlife Account. All moneys received by the commission from the sale of habitat conservation stamps and from the sale of any art works and prints related to the habitat conservation stamp shall be deposited in the subaccount. Moneys in the subaccount may be expended only to promote and implement habitat and species restoration, enhancement and viewing activities identified in the “Oregon Conservation Strategy,” 2006, by the State Department of Fish and Wildlife, and for activities related to the design, production, issuance and arrangements for sale of the habitat conservation stamps and related art works and prints.

(14) Intentionally left blank —Ed.

(a) The Rogue-South Coast Research and Monitoring Subaccount is established in the Fish and Wildlife Account, consisting of moneys collected under ORS 497.121 (Angling and shellfish licenses and tags) (1)(r) and (s).

(b) All moneys in the subaccount shall be used for research and monitoring that is consistent with the Rogue-South Coast Multi-Species Conservation and Management Plan the commission adopted in December 2021, as subsequently amended by the commission.

(c) The commission may amend the plan as needed.

(d) The commission shall make the current version of the plan publicly available on a website of the commission or of the State Department of Fish and Wildlife. [2001 c.822 §3; 2003 c.612 §2; 2003 c.656 §12; 2007 c.625 §§3,14; 2011 c.50 §§3,4; 2011 c.730 §18b; 2015 c.546 §2; 2015 c.779 §44; 2022 c.56 §8]

Note: 496.303 (Fish and Wildlife Account) 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.

Source: Section 496.303 — Fish and Wildlife Account; sources; subaccounts; uses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 498.341 — OR Code / Title 41 / Chapter 498 / Section 498.341
498.341 Additional funding
Status: in_force

Notwithstanding the limitations imposed by ORS 498.306 (Screening or by-pass devices for water diversions) , 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]

Source: Section 498.341 — Additional funding , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 496.266 — OR Code / Title 41 / Chapter 496 / Section 496.266
496.266 Environmental restoration weirs
Status: in_force

(1) As used in this section and ORS 496.264 (Findings) :

(a) “Ancient floodplain” means channel adjacent areas and surfaces constructed by fluvial processes that functioned as floodplains or areas for overbank deposition prior to channel incision.

(b) “Environmental restoration weir” means one or more structures that are constructed:

(A) For the purpose of delaying or slowing, but not preventing, streamflow to promote restoration of stream and habitat conditions;

(B) Such that the structures do not store or appropriate water in a manner that would require a permit from the Water Resources Department;

(C) To be no larger than necessary to cause overbank flooding onto the lands constituting the ancient floodplain during ordinary periods of high streamflow; and

(D) From wood, earth, dirt, rock or other natural materials.

(c) “Healthy native migratory fish population” means a population of native migratory fish that, as determined by the State Department of Fish and Wildlife:

(A) Demonstrates appropriate life stages throughout the year; and

(B) Reproduces at sufficient levels to be a self-sustaining population into the foreseeable future.

(d) “Incised or eroded stream” means a stream that has been scoured by erosion to the extent that the channel bed elevation has lowered relative to its ancient floodplain and the stream has lost connectivity with the ancient floodplain, as characterized by:

(A) The loss of natural wetland, riparian or meadow conditions in the adjacent surfaces;

(B) The absence of overbank flooding or deposition during ordinary periods of high streamflow;

(C) The loss of diversity of fish or other species; or

(D) The presence of invasive dry land species that have encroached from adjacent uplands, including but not limited to sagebrush, bunch grass, juniper and pine.

(e) “Native migratory fish” has the meaning given that term in ORS 509.580 (Definitions for ORS 509.580 to 509.590, 509.600 to 509.645 and 509.910) .

(f) “Qualifying stream” means an incised or eroded stream, a designated reach of an incised or eroded stream or a designated set of adjacent reaches of an incised or eroded stream that, prior to commencement of a project authorized pursuant to subsection (2) of this section:

(A) Has an estimated median monthly natural streamflow of less than one cubic foot per second during at least two months of the year;

(B) Has not had a healthy native migratory fish population for at least three years prior to the time of authorization; and

(C) Is incised or eroded to the extent that the channel bed elevation has lowered by two feet or more relative to the elevation of the ancient floodplain.

(g) “Reach” means a section of a stream that is similar in flow topography and habitat characteristics and is between 50 and 500 feet in length.

(h) “Summit of the Cascade Mountains” has the meaning given that term in ORS 321.805 (Definitions for ORS 321.805 to 321.855) .

(2) The State Department of Fish and Wildlife shall adopt by rule and administer a program for authorizing voluntary projects for stream restoration and habitat improvement through the construction of environmental restoration weirs. The department may only authorize a project under the program if:

(a) The project involves construction of environmental restoration weirs on one or more qualifying streams located in any closed basin:

(A) From which water does not flow to the Pacific Ocean; and

(B) That is located east of the summit of the Cascade Mountains;

(b) Construction of the environmental restoration weirs will be completed no later than July 1, 2031; and

(c) The project complies with local floodplain regulations if the project is located within an area subject to floodplain management.

(3) Rules adopted under subsection (2) of this section shall identify criteria for evaluating voluntary projects undertaken pursuant to the program.

(4) If the department determines that native migratory fish are present in a qualifying stream prior to the date of construction of environmental restoration weirs, the person engaging in the proposed voluntary project shall provide fish passage pursuant to ORS 509.585 (Fish passage required for artificial obstructions) .

(5) Intentionally left blank —Ed.

(a) If the department determines that native migratory fish are not present in a qualifying stream prior to the date of construction of environmental restoration weirs, the person engaging in the proposed voluntary project is exempt from meeting the requirements of ORS 509.585 (Fish passage required for artificial obstructions) .

(b) If, after construction of environmental restoration weirs, the department determines that native migratory fish have returned to the qualifying stream, the department may require the person engaging in the authorized voluntary restoration project to:

(A) Provide fish passage that:

(i) Is economically practicable to the person engaging in the voluntary restoration project; and

(ii) Can be constructed from locally available natural materials; or

(B) Provide mitigation that, as determined by the department, provides a net benefit to native migratory fish.

(6) For a period of up to 10 years after construction of the environmental restoration weirs is complete, the department:

(a) Shall require the person that engaged in an authorized voluntary project to maintain the environmental restoration weirs for their stream restoration and habitat improvement values;

(b) May require the person to engage in photo monitoring of the environmental restoration weirs; and

(c) May, subject to subsection (9) of this section, require the person to allow a third party to engage in monitoring of the environmental restoration weirs.

(7) The department shall, in coordination with the Water Resources Department, require the person to modify the environmental restoration weirs if the environmental restoration weirs are found:

(a) By the Water Resources Department to result in injury to an existing water right; or

(b) By the State Department of Fish and Wildlife to be having a significant detrimental impact on native migratory fish.

(8) Intentionally left blank —Ed.

(a) Before authorizing a proposed voluntary project, the State Department of Fish and Wildlife shall coordinate with the Department of Transportation to consider any potential impacts of the project on transportation infrastructure or planned transportation infrastructure, including but not limited to potential impacts on roads, culverts and bridges.

(b) The State Department of Fish and Wildlife, in coordination with the Department of Transportation, may at any time require the person engaging in the authorized voluntary restoration project to modify environmental restoration weirs if the environmental restoration weirs are found to adversely impact transportation infrastructure or planned transportation infrastructure.

(9) If the State Department of Fish and Wildlife requires third-party monitoring of environmental restoration weirs under subsection (6)(c) of this section:

(a) The third party must be chosen through mutual agreement between the person engaging in the voluntary restoration project and the department;

(b) The person engaging in the voluntary restoration project may not unreasonably withhold consent for the third party to engage in monitoring;

(c) The third-party monitoring may not result in a financial cost to the person engaging in the voluntary restoration project; and

(d) The third party engaging in the monitoring must be covered by sufficient liability and casualty insurance.

(10) Planting or removal of brush and trees from stream banks and riparian areas as part of an authorized voluntary project are not subject to riparian management requirements established under the Oregon Forest Practices Act.

(11) Nothing in this section creates any new requirement or exemption with respect to obtaining a permit or certificate to use, store or appropriate water. [2021 c.63 §3]

Note: See note under 496.264 (Findings) .

Note: Sections 7 and 8, chapter 63, Oregon Laws 2021, provide:

Sec. 7. The State Department of Fish and Wildlife shall adopt rules under section 3 of this 2021 Act [ 496.266 (Environmental restoration weirs) ] in time for the rules to become operative no later than one year after the effective date of this 2021 Act [May 21, 2021]. [2021 c.63 §7]

Sec. 8. (1) No later than December 31, 2027, the State Department of Fish and Wildlife shall submit a report, in the manner provided by ORS 192.245 (Form of report to legislature) , to the interim committees of the Legislative Assembly related to environment and natural resources that provides information summarizing the extent to which voluntary projects have been commenced and completed under the program established by the department pursuant to section 3 of this 2021 Act [ 496.266 (Environmental restoration weirs) ], and any known preliminary impacts of the voluntary projects.

(2) No later than September 15, 2032, the State Department of Fish and Wildlife shall submit a report, in the manner provided by ORS 192.245 (Form of report to legislature) , to the interim committees of the Legislative Assembly related to environment and natural resources on voluntary projects authorized under the program established by the department pursuant to section 3 of this 2021 Act. The report shall include:

(a) Assessments of the conditions of qualifying streams affected by authorized voluntary projects, which assess stream conditions prior to construction of environmental restoration weirs as well as after construction of environmental restoration weirs; and

(b) Recommendations, which may include recommendations for legislation, regarding potential amendment of section 3 (2) of this 2021 Act to allow the department to authorize voluntary projects in which construction of environmental restoration weirs will commence on or after January 2, 2036. [2021 c.63 §8]

Source: Section 496.266 — Environmental restoration weirs; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 498.279 — OR Code / Title 41 / Chapter 498 / Section 498.279
498.279 Black bass and walleye angling contests
Status: in_force

(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. Except as provided in subsection (2) of this section, 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) The State Department of Fish and Wildlife may waive any of the requirements described in subsection (1) of this section if the department determines that limiting a population of black bass or walleye in a body of water would benefit native fish species or the ecological health of the body of water.

(3) As used in this section, “black bass” means largemouth bass, smallmouth bass, redeye bass, spotted bass and all other basses of the genus Micropterus.

(4) 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; 2023 c.48 §1]

Source: Section 498.279 — Black bass and walleye angling contests; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 498.154 — OR Code / Title 41 / Chapter 498 / Section 498.154
498.154 Notice adequate to charge defendant
Status: in_force

(1) In all prosecutions against the owner of a motor-propelled vehicle under ORS 498.153 (Parking vehicle in violation of restrictions) , 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 (Agreements restricting parking or use of motor vehicles on certain lands) . [1987 c.798 §4; 1995 c.658 §108; 2011 c.597 §65a]

Source: Section 498.154 — Notice adequate to charge defendant; delivery or posting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 496.158 — OR Code / Title 41 / Chapter 496 / Section 496.158
496.158 Oregon Landowner Damage Program
Status: in_force

Notwithstanding any other provision of the wildlife laws, the State Department of Fish and Wildlife shall create and implement an Oregon Landowner Damage Program that:

(1) Addresses damage caused by elk on privately owned lands in Oregon.

(2) Provides damage tags only for areas where elk are currently causing damage, where there has been a history of elk damage coupled with actions to alleviate elk damage or where the department has designated the area as an elk deemphasis area.

(3) Considers elk overpopulation.

(4) Limits the use of damage tags to taking antlerless elk.

(5) Limits the use of damage tags to taking elk on property owned, leased or rented by the landowner complaining of elk damage or on property owned, leased or rented by a business entity that includes the landowner as a principal partner or shareholder.

(6) Allows exchange of unused general season elk tags or controlled hunt elk tags for damage tags.

(7) Does not impose a limit on the number of total damage tags available for each landowner, except that no more than five damage tags may be valid at any one time.

(8) Does not impose a minimum acreage requirement for landowner participation.

(9) Allows landowners to register for participation in the program at any time prior to the issuance of damage tags.

(10) Establishes a $30 fee for landowners to register for participation in the program.

(11) Establishes a $15 fee for landowners to modify the landowner’s damage tag distribution.

(12) Authorizes department biologists to sell and exchange damage tags.

(13) Authorizes department biologists to establish the period of validity for damage tags through negotiation with landowners.

(14) Requires landowners to record the number of elk taken and, within 10 days after the end of a designated hunt period, to report to the local department biologist the number of elk taken. [2013 c.363 §3; 2019 c.324 §1]

Note: 496.158 (Oregon Landowner Damage Program) 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.

Source: Section 496.158 — Oregon Landowner Damage Program; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 501.005 — OR Code / Title 41 / Chapter 501 / Section 501.005
501.005 Closure of hunting season for fire danger
Status: in_force

(1) The Governor by proclamation may suspend any season established by the State Fish and Wildlife Commission for hunting when the Governor determines that hunting may result in extreme fire danger in any part of the state.

(2) The suspension referred to in subsection (1) of this section may be applicable in all or any portion of this state, and shall be effective for a specified or indeterminate period until it appears to the Governor that the possible excessive fire danger no longer exists. A suspension for an indeterminate period shall be terminated by proclamation of the Governor.

(3) No person shall hunt during a period when or in an area where the appropriate season has been suspended pursuant to this section. [1973 c.723 §104]

Source: Section 501.005 — Closure of hunting season for fire danger , https://www.­oregonlegislature.­gov/bills_laws/ors/ors501.­html (accessed May 26, 2025).
ORS § 497.016 — OR Code / Title 41 / Chapter 497 / Section 497.016
497.016 Term of licenses, tags and permits
Status: in_force

Unless otherwise provided by law, all licenses, tags and permits issued by the State Fish and Wildlife Commission shall be valid for such period of time as the commission prescribes. [1973 c.723 §44; 1981 c.445 §1]

Source: Section 497.016 — Term of licenses, tags and permits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors497.­html (accessed May 26, 2025).
ORS § 496.275 — OR Code / Title 41 / Chapter 496 / Section 496.275
496.275 Salmon resource protection and restoration
Status: in_force

(1) The Legislative Assembly hereby declares the necessity to review all options and means for the protection and restoration of Oregon’s salmon resource that promote local economic development and enjoyment by all the citizens of Oregon. Options and means shall include operation of salmon production facilities, in cooperation with the State Department of Fish and Wildlife, by both public and private nonprofit agencies as well as by public local partnerships, to meet local production and harvest needs as well as to help restore and maintain natural salmon spawning populations. Such cooperative production projects shall be operated using scientifically sound hatchery practices and shall be consistent with objectives to protect and restore natural fish production.

(2) The State Department of Fish and Wildlife shall:

(a) Review and revise existing state administrative rules so that the different forms of hatchery production are recognized as a necessary and critical element in the state’s salmon production system in order to provide harvest opportunities for Oregon’s citizens. In so doing, the department shall identify low natural production areas and, using genetically compatible stocks approved by the department, encourage volunteer efforts such as the salmon and trout enhancement program to maintain and to enhance production.

(b) Identify existing private and public salmon production facilities that are currently either underutilized or subject to decommissioning and that may be appropriate for other forms of operation.

(c) Inventory other appropriate local sites, identify possible types of production facilities, recommend stock selection and release size, and assist in securing the acquisition of brood stock approved by the department that maximizes local production.

(d) Investigate and implement ways to improve hatchery smolt survival and reduce predation by such means as night releases, net pen acclimation, alternate release sites, volitional and other release strategies, transport and other means that may be effective and consistent with the conservation of native salmon and genetic resources.

(e) Make recommendations on methods by which operations of facilities referred to in this subsection and subsection (3) of this section can generate revenue for sustainable production, including but not limited to state bonding, license surcharges, ad valorem taxes, local economic development funds, service districts, sale of excess eggs and salmon, and gifts, grants and donations.

(f) Identify needed monitoring and evaluation activities to ensure protection of natural spawning fish populations and to assess the contribution of such cooperative projects to public fisheries.

(g) Assist in developing, for department approval, plans of operation for such cooperative hatchery projects consistent with applicable rules and standards of sound, scientific fish management practice.

(3) The department shall encourage and assist in planning hatchery facilities that seek to implement innovative plans or programs designed to meet production for harvest needs consistent with conservation objectives.

(4) The State Fish and Wildlife Commission shall approve, prior to implementation, operational plans for any fish propagation facilities operated by contractor agreement with other state or federal agencies, local governments, special districts and nonprofit organizations. [1995 c.469 §§2,3,4; 2007 c.71 §169]

Source: Section 496.275 — Salmon resource protection and restoration; review of public and private production facilities; approval of production facilities by department , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 496.510 — OR Code / Title 41 / Chapter 496 / Section 496.510
496.510 Assent to federal wildlife-restoration statute
Status: in_force

The State of Oregon assents to the Act of Congress entitled, “An Act to provide that the United States shall aid the states in wildlife-restoration projects, and for other purposes,” approved September 2, 1937, Public Law No. 415, 75th Congress (50 Stat. 917, 16 U.S.C.A. 669). The State Fish and Wildlife Commission shall perform such acts as may be necessary to the conduct and establishment of cooperative wildlife-restoration projects, as defined in said Act of Congress, in compliance with said Act and with rules and regulations promulgated by the Secretary of the Interior thereunder.

Source: Section 496.510 — Assent to federal wildlife-restoration statute; duty of commission with regard thereto , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 497.102 — OR Code / Title 41 / Chapter 497 / Section 497.102
497.102 Hunting licenses and permits
Status: repealed

(1) The State Fish and Wildlife Commission is authorized to issue, upon application, to persons desiring to hunt wildlife the following licenses and permits and shall charge the applicable fees under the fee schedule in ORS 497.061 (License, tag and permit fee schedule) :

(a) Resident annual hunting license to hunt wildlife.

(b) Nonresident annual hunting license to hunt wildlife.

(c) Resident annual senior citizen hunting license to hunt wildlife for persons 70 years of age or older who have resided in the state for not less than five years prior to the date of application.

(d) Resident disabled veteran hunting license to hunt wildlife for a person who files with the commission written proof that the last official certification of record by the United States Department of Veterans Affairs or any branch of the Armed Forces of the United States shows the person to be at least 25 percent disabled.

(e) Resident uniformed services hunting license to hunt wildlife for a person who is a resident member of the uniformed services as defined in ORS 497.006 (Certain persons as residents for licensing purposes) .

(f) Resident annual private hunting preserve permit to hunt privately owned hunting preserve game birds.

(g) Nonresident annual private hunting preserve permit to hunt privately owned hunting preserve game birds.

(h) Nonresident hunting license to hunt migratory waterfowl and upland birds for three consecutive days.

(2) The hunting preserve permits referred to in subsection (1)(f) and (g) of this section are in lieu of the hunting licenses required by the wildlife laws. [1973 c.723 §50; 1975 c.454 §2; 1979 c.218 §1; 1979 c.377 §1a; 1979 c.774 §2c; 1981 c.445 §5; 1987 c.255 §1; 1991 c.67 §150; 1991 c.661 §1; 1993 c.659 §20; 1999 c.667 §2; 1999 c.1006 §4; amendments by 1999 c.1006 §14 repealed by 2001 c.949 §1; 2001 c.571 §§2,3; 2003 c.644 §1; 2009 c.41 §22; 2009 c.832 §5; 2015 c.779 §13]

Source: Section 497.102 — Hunting licenses and permits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors497.­html (accessed May 26, 2025).
ORS § 496.558 — OR Code / Title 41 / Chapter 496 / Section 496.558
496.558 “Upland bird” defined
Status: in_force

As used in this section and ORS 496.562 (Policy) , 496.566 (Contest for stamp design) and 497.153 (Annual upland bird stamp) , “upland bird” means those bird family members commonly known as pheasant, quail, grouse and partridge, including chukars. [1989 c.406 §2]

Note: 496.558 (“Upland bird” defined) and 496.562 (Policy) 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.

Source: Section 496.558 — “Upland bird” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 497.298 — OR Code / Title 41 / Chapter 497 / Section 497.298
497.298 Scientific taking permit
Status: in_force

(1) Any person desiring to take wildlife for scientific purposes shall first obtain from the State Fish and Wildlife Commission a scientific taking permit. The commission, by rule, shall prescribe a procedure for applying for permits and the form thereof, and shall prescribe the terms and conditions of taking wildlife under the permit to insure that wildlife taken pursuant to the permit will be used only for scientific purposes.

(2) No person who holds a scientific taking permit shall violate any of the terms or conditions of the permit.

(3) As used in this section, “scientific purposes” means the study or examination of wildlife for the acquisition of knowledge thereof. [1973 c.723 §65]

Source: Section 497.298 — Scientific taking permit; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors497.­html (accessed May 26, 2025).
ORS § 496.080 — OR Code / Title 41 / Chapter 496 / Section 496.080
496.080 State Department of Fish and Wildlife
Status: in_force

There is hereby established in the executive branch of the government of this state under the State Fish and Wildlife Commission a department to be known as the State Department of Fish and Wildlife. The department shall consist of the director of the department and all personnel employed in the department. [1975 c.253 §7; 1993 c.659 §3]

Source: Section 496.080 — State Department of Fish and Wildlife , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 496.141 — OR Code / Title 41 / Chapter 496 / Section 496.141
496.141 Fish screening program report
Status: in_force

On or before February 1 of each odd-numbered year, the State Department of Fish and Wildlife shall provide to the Joint Committee on Ways and Means a complete annual report regarding activities initiated by the department in regard to the fish screening program. The report shall include a complete budget analysis of all costs, including in-kind costs associated with the program, the number of screening or by-pass devices installed and the size of the diversions on which such devices were installed. The budget analysis shall identify all costs associated with the construction and installation of screening or by-pass devices, administrative costs and research and development costs associated with the program. [1995 c.426 §14]

Source: Section 496.141 — Fish screening program report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 496.168 — OR Code / Title 41 / Chapter 496 / Section 496.168
496.168 Estimated expenses for recompensable assistance
Status: in_force

The State Department of Fish and Wildlife shall estimate in advance the expenses that the department will incur during a biennium under ORS 496.167 (Department recompensable assistance to agencies) , and shall render to executive department agencies and other entities described in ORS 496.167 (Department recompensable assistance to agencies) an invoice for their share of such expenses for periods within the biennium and in sufficient amounts to provide reasonable cash operating requirements for the department within the biennial period. Each agency or other entity described in ORS 496.167 (Department recompensable assistance to agencies) shall pay to the credit of the department such invoice as an administrative expense from funds or appropriations available to the invoiced agency or entity in the same manner as other claims against the state are paid. If the estimated expenses for the agency or other entity described in ORS 496.167 (Department recompensable assistance to agencies) are more or less than actual expenses for the period covered by the invoice, the difference shall be reflected in the next following estimate of expenses. [2015 c.566 §2]

Note: See note under 496.167 (Department recompensable assistance to agencies) .

Source: Section 496.168 — Estimated expenses for recompensable assistance; invoices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 498.306 — OR Code / Title 41 / Chapter 498 / Section 498.306
498.306 Screening or by-pass devices for water diversions
Status: in_force

(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 Commission’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) Intentionally left blank —Ed.

(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 (Installation of fish screening or by-pass device as prerequisite for transfer of point of diversion) ;

(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 department’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 person’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) Intentionally left blank —Ed.

(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) Intentionally left blank —Ed.

(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) Intentionally left blank —Ed.

(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]

Source: Section 498.306 — Screening or by-pass devices for water diversions; fees; costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 498.036 — OR Code / Title 41 / Chapter 498 / Section 498.036
498.036 Possession in field of skinned or plucked wildlife prohibited
Status: in_force

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]

Source: Section 498.036 — Possession in field of skinned or plucked wildlife prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 498.106 — OR Code / Title 41 / Chapter 498 / Section 498.106
498.106 Competitive field trials for hunting dogs
Status: in_force

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]

Source: Section 498.106 — Competitive field trials for hunting dogs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 498.504 — OR Code / Title 41 / Chapter 498 / Section 498.504
498.504 Sage Grouse Mitigation Program In-Lieu Fee Fund
Status: in_force

(1) The Sage Grouse Mitigation Program In-Lieu Fee Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Sage Grouse Mitigation Program In-Lieu Fee Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Department of Fish and Wildlife for supporting efforts to restore, protect, enhance or increase habitat for sage grouse. Expenditures from the fund may include but are not limited to expenditures for related administrative costs, related research or assessment activities or insurance for sage grouse habitat.

(2) The fund shall consist of moneys received by the department as fees in lieu of compensatory mitigation, pursuant to department rules adopted to implement the Oregon Sage-Grouse Action Plan and Executive Order 15-18 issued on September 16, 2015.

(3) Except as provided in this subsection, fund moneys may be deposited in the Oregon Short Term Fund established under ORS 293.728 (Oregon Short Term Fund) . Subject to approval by the State Treasurer, all or part of Sage Grouse Mitigation Program In-Lieu Fee Fund moneys may be placed in an investment pool designed for intermediate-term investment, as provided by ORS 293.701 (Definitions for ORS 293.701 to 293.857) to 293.857 (Separate accounts for each local government) . Earnings from the investment of fund moneys shall be credited to the fund. [2021 c.48 §1]

Note: 498.504 (Sage Grouse Mitigation Program In-Lieu Fee Fund) 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.

Source: Section 498.504 — Sage Grouse Mitigation Program In-Lieu Fee Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 496.860 — OR Code / Title 41 / Chapter 496 / Section 496.860
496.860 Authorization to remove nonindigenous aquatic species
Status: in_force

Notwithstanding ORS 498.042 (Removal of parts of wildlife and waste of wildlife prohibited) and 509.112 (Wasting food fish) and any other provision of the wildlife laws or commercial fishing laws, the State Department of Fish and Wildlife may authorize any person to remove from a specified area and dispose of a nonindigenous aquatic species if the department determines that the nonindigenous aquatic species is adversely affecting any population of native fish species within that area. [2023 c.48 §2]

Note: 496.860 (Authorization to remove nonindigenous aquatic species) 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.

Source: Section 496.860 — Authorization to remove nonindigenous aquatic species , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 497.121 — OR Code / Title 41 / Chapter 497 / Section 497.121
497.121 Angling and shellfish licenses and tags
Status: repealed

(1) The State Fish and Wildlife Commission may, upon application and payment of the applicable fees established by the fee schedule under ORS 497.061 (License, tag and permit fee schedule) , issue the following licenses and tags to persons desiring to angle for fish or take shellfish:

(a) Resident annual angling license.

(b) Nonresident annual angling license.

(c) Nonresident angling license to angle for seven consecutive days.

(d) Angling and shellfish license to angle and take shellfish for one day.

(e) Angling license to angle for two days.

(f) Angling license to angle for three days.

(g) Resident annual shellfish license.

(h) Nonresident annual shellfish license.

(i) Nonresident three-day shellfish license.

(j) Two rod angling license for anglers who also hold a valid annual angling license.

(k) Resident annual senior citizen angling license for persons 70 years of age or older who have resided in the state for not less than five years prior to the date of application.

(L) Resident disabled veteran angling license for a person who files with the commission written proof that the last official certification of record by the United States Department of Veterans Affairs or by any branch of the Armed Forces of the United States shows the person to be at least 25 percent disabled.

(m) Resident disabled veteran shellfish license for a person who files with the commission written proof that the last official certification of record by the United States Department of Veterans Affairs or by any branch of the Armed Forces of the United States shows the person to be at least 25 percent disabled.

(n) Resident annual combined angling tag to angle for salmon, steelhead trout, sturgeon and halibut.

(o) Nonresident annual combined angling tag to angle for salmon, steelhead trout, sturgeon and halibut.

(p) Annual youth combined angling tag for persons under 18 years of age to angle for salmon, steelhead trout, sturgeon and halibut.

(q) Renewable tag to angle for hatchery salmon and steelhead.

(r) Rogue-South Coast steelhead validation.

(s) Rogue-South Coast wild steelhead harvest card.

(2) Any person who holds a valid permanent angling license for persons who are blind or a permanent angling license for persons in a wheelchair issued by the commission before January 1, 2000, need not obtain a resident annual angling license under this section.

(3) The annual combined angling tags to angle for salmon, steelhead trout, sturgeon and halibut referred to in subsection (1)(n), (o), (p) and (q) of this section and the Rogue-South Coast steelhead validation and Rogue-South Coast wild steelhead harvest card referred to in subsection (1)(r) and (s) of this section are in addition to and not in lieu of the angling licenses required by the wildlife laws. However, an annual combined angling tag to angle for salmon, steelhead trout, sturgeon and halibut is not required of a person who holds a valid angling license referred to in subsection (1)(c) to (f) of this section.

(4) The commission shall adopt rules concerning issuance of, and requirements related to, the Rogue-South Coast steelhead validation and the Rogue-South Coast wild steelhead harvest card described in subsection (1)(r) and (s) of this section. The rules must address when the validation and harvest card are required, relative to licenses, tags and permits that are required under the wildlife laws.

(5) Notwithstanding any other provision of the wildlife laws, the moneys received from the sale of the Rogue-South Coast steelhead validation and the Rogue-South Coast wild steelhead harvest card described in subsection (1)(r) and (s) of this section shall be credited to the Rogue-South Coast Research and Monitoring Subaccount established under ORS 496.303 (Fish and Wildlife Account) . [1973 c.723 §51; 1975 c.34 §1; 1975 c.454 §4; 1979 c.377 §2; 1981 c.445 §7; 1983 c.740 §202; 1985 c.60 §2; 1985 c.390 §1; 1991 c.67 §151; 1991 c.435 §1; 1993 c.619 §1; 1999 c.25 §5; 1999 c.1006 §6; amendments by 1999 c.1006 §16 repealed by 2001 c.949 §1; 2001 c.94 §§2,3; 2001 c.571 §§4,5; 2003 c.644 §3; 2003 c.656 §8; 2007 c.70 §277; 2009 c.41 §23; 2009 c.425 §2; 2009 c.832 §7; 2015 c.779 §15; 2022 c.56 §3]

Note: Section 3, chapter 734, Oregon Laws 2015, provides:

Sec. 3. Special dedication of fees through 2026. Notwithstanding any other provision of the wildlife laws and during the period beginning January 1, 2016, and ending December 31, 2026, of the moneys received from the sale of the following licenses, the following amounts shall be deposited in the Oregon Hatchery Research Center Fund:

(1) Resident annual combination license issued under ORS 497.132 (Combined licenses for residents) , $1.

(2) Resident annual angling license issued under ORS 497.121 (Angling and shellfish licenses and tags) (1)(a), $1.

(3) Angling and shellfish license to angle and take shellfish for one day issued under ORS 497.121 (Angling and shellfish licenses and tags) (1)(d), $0.50.

(4) Nonresident annual angling license issued under ORS 497.121 (Angling and shellfish licenses and tags) (1)(b), $1.50.

(5) Nonresident angling license to angle for seven consecutive days issued under ORS 497.121 (Angling and shellfish licenses and tags) (1)(c), $1.50. [2015 c.734 §3; 2015 c.779 §52; 2022 c.56 §7]

Note: Sections 2, 3 and 5, chapter 334, Oregon Laws 2021, provide:

Sec. 2. Section 3 of this 2021 Act is added to and made a part of the wildlife laws. [2021 c.334 §2]

Sec. 3. Veteran no-charge angling or shellfish harvesting program. (1) Notwithstanding any contrary provision in the wildlife laws, the State Fish and Wildlife Commission may authorize a nonprofit organization registered in this state that serves veterans, or armed forces members whose duty station is a warrior transition unit, through a program of angling or shellfish harvest established on or before January 1, 2021, to conduct excursions during which the veterans or armed forces members may angle or take shellfish at no charge using licenses, tags or permits described in subsection (2) of this section and need not obtain additional licenses, permits, tags or endorsements for the angling or taking.

(2) Notwithstanding ORS 497.022 (Issuance of licenses, tags or permits by commission agents) , upon request by a representative of the nonprofit organization, an agent of the commission that issues licenses, tags or permits shall issue at no charge daily licenses, tags or permits to representatives of the nonprofit organization for use by the veterans or armed forces members during the excursions and may not retain any portion of an agent fee for issuance of the daily licenses, tags or permits.

(3) The commission may suspend or revoke authorization issued under this section if the nonprofit organization ceases to qualify under this section or violates a commission rule.

(4) The commission may adopt rules as necessary to implement this section. [2021 c.334 §3]

Sec. 5. Section 3 of this 2021 Act is repealed on January 2, 2027. [2021 c.334 §5]

Source: Section 497.121 — Angling and shellfish licenses and tags; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors497.­html (accessed May 26, 2025).
ORS § 498.180 — OR Code / Title 41 / Chapter 498 / Section 498.180
498.180 Sale of hunts for feral swine prohibited
Status: in_force

(1) A person may not offer for sale or sell a hunt for feral swine on public or private lands.

(2) Violation of subsection (1) of this section is a Class A misdemeanor. A person may not be convicted under this subsection if a civil penalty has been imposed against the person under subsection (3) of this section.

(3) Intentionally left blank —Ed.

(a) The State Fish and Wildlife Commission may impose a civil penalty of $1,000 for a violation of subsection (1) of this section.

(b) Civil penalties described in this subsection shall be imposed in the manner provided in ORS 183.745 (Civil penalty procedures) . A civil penalty may not be imposed against a person under this subsection if the person has been convicted under subsection (2) of this section.

(4) Notwithstanding ORS 497.415 (Revocation or denial of licenses, tags or permits for wildlife law violations or failure to comply with citation) (1), (2), (3) and (5) and in addition to any criminal penalty or civil penalty imposed under this section, when a person is convicted under subsection (2) of this section or a civil penalty is imposed under subsection (3) of this section, the commission shall revoke all hunting licenses, tags and permits issued to the person under the wildlife laws, and the person may not apply for or obtain any hunting license, tag or permit for a period of 24 months after the conviction or imposition of the civil penalty. [2009 c.605 §2]

Source: Section 498.180 — Sale of hunts for feral swine prohibited; penalties; revocation of hunting licenses, tags and permits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html (accessed May 26, 2025).
ORS § 496.630 — OR Code / Title 41 / Chapter 496 / Section 496.630
496.630 District attorneys to prosecute criminal cases
Status: in_force

(1) Upon information or complaint of the State Fish and Wildlife Commission or any person authorized to enforce the wildlife laws, district attorneys shall prosecute every criminal case in which it appears that there has been a violation of the wildlife laws or any rule promulgated pursuant thereto.

(2) Unless otherwise specifically provided, justice courts have concurrent jurisdiction in the first instance with the circuit court of all wildlife law offenses. [Amended by 1959 c.352 §1; 1959 c.692 §10; 1967 c.523 §6; 1973 c.723 §21; 1999 c.1051 §104]

Source: Section 496.630 — District attorneys to prosecute criminal cases; jurisdiction of courts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).
ORS § 496.645 — OR Code / Title 41 / Chapter 496 / Section 496.645
496.645 Arrest without warrant of violators
Status: in_force

Any person authorized to enforce the wildlife laws may, without warrant, arrest any person violating any of the wildlife laws, and take the person before any court having jurisdiction of the offense. The court shall proceed without delay to hear, try and determine the matter and enter judgment according to allegations and proofs. [Amended by 1971 c.658 §15; 1973 c.723 §23]

Source: Section 496.645 — Arrest without warrant of violators; trial , https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html (accessed May 26, 2025).