ORS Chapter 496 — Application, Administration

ORS 496.992. Penalties; revocation; forfeiture. (1) Except as otherwise provided by this section or other law, a violation of any provision of the wildlife laws, or any rule adopted pursuant to the wildlife laws, is a Class A misdemeanor if the offense is committed with a culpable mental state. (2) Except as otherwise provided by this section or other law, a violation of a provision of the wildlife laws, or a rule adopted pursuant to the wildlife laws, that does not involve the taking of wildlife is a Class D violation if the offense is committed without a culpable mental state. (3) A violation of a provision of the wildlife laws, or a rule adopted pursuant to the wildlife laws, that involves the taking of wildlife, other than nongame mammals and game birds, is a Class A violation if the offense is committed without a culpable mental state. (4) A violation of a provision of the wildlife laws, or a rule adopted pursuant to the wildlife laws, that involves the taking of nongame mammals or game birds is a Class C violation if the offense is committed without a culpable mental state. (5) A violation of a provision of the wildlife laws, or a rule adopted pursuant to the wildlife laws, that involves the size or quantity limits for salmon, steelhead trout and sturgeon is a Class A violation if the offense is committed without a culpable mental state. (6) A violation of a provision of the wildlife laws, or a rule adopted pursuant to the wildlife laws, relating to the size or quantity limits for fish or shellfish, other than size and quantity limits for salmon, steelhead trout and sturgeon, is a Class C violation if the offense is committed without a culpable mental state. (7) A violation of the nonresident licensing provisions of ORS 497.102 or 497.121 is a Class A violation if the offense is committed without a culpable mental state. (8) A violation of ORS 496.994 is a Class A violation if the offense is committed without a culpable mental state. (9) A violation of ORS 498.136, 498.142 or 498.146 is a Class A violation if the offense is committed without a culpable mental state. (10) The second and each subsequent conviction within a 10-year period for the taking of a raptor or the taking of game fish with a total value of $200 or more or the taking of antelope, black bear, cougar, deer, elk, moose, mountain goat or mountain sheep in violation of any provision of the wildlife laws, or any rule adopted pursuant thereto, that occurs more than one hour prior to, or more than one hour subsequent to, a season established for the lawful taking of such game mammals or game fish is a Class C felony if the offense is committed with a culpable mental state. (11) A violation of a provision of the wildlife laws, or a rule adopted pursuant to the wildlife laws, is a Class C felony if the offense involves any of the following and is committed intentionally, knowingly or recklessly: (a) The unlawful taking of wildlife with the intent to sell or to barter, trade, import, export or otherwise exchange the wildlife or a part of the wildlife. (b) Except as provided in this paragraph, the second and each subsequent unlawful taking of a game mammal during a 12-month period. This paragraph does not apply to the taking of silver gray squirrel. (c) The unlawful taking of a moose, mountain sheep, Rocky Mountain goat or wolf. (d) The third and each subsequent taking of a game fish in excess of a bag limit during a 12-month period. (e) The second and each subsequent unlawful taking of nonadipose clipped steelhead during a 12-month period. (f) The unlawful taking of members of the family Acipenseridae that are commonly known as green sturgeon or that are oversized and commonly known as white sturgeon. (g) The unlawful taking of wildlife that is a threatened species or endangered species. (12) If a person is convicted of a Class A misdemeanor under subsection (1) of this section, in addition to any other penalty authorized by law, the court shall impose a fine that is: (a) Equal to the maximum fine described in ORS 161.635 (1)(a), if the person has two or more previous convictions for a Class A misdemeanor under subsection (1) of this section or if the offense involves taking three or more times the daily bag limit of any wildlife. (b) Not less than one-half of the maximum fine described in ORS 161.635 (1)(a), if the offense involves: (A) Failing to release a sturgeon more than six feet in length; (B) Unlawfully taking wildlife to sell, barter, trade, import or export the wildlife, or parts thereof, or selling, bartering, trading, importing or exporting unlawfully taken wildlife, or parts thereof; or (C) Taking a raptor and the person has a previous conviction for taking a raptor. (c) Not less than one-fourth of the maximum fine described in ORS 161.635 (1)(a), if the offense involves taking a raptor and the person does not have a previous conviction for taking a raptor. (13) If more than one minimum fine described in subsection (12) of this section applies, the court shall impose a fine in an amount that is not less than the highest of the applicable minimum fines. (14)(a) If a court imposes a fine as penalty for an offense under the wildlife laws that involves the unlawful taking or killing of wildlife listed under ORS