justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 496 — Application, Administration

ORS 496.112. (6) Endangered species means: (a) Any native wildlife species determined by the commission to be in danger of extinction throughout any significant portion of its range within this state. (b) Any native wildlife species listed as an endangered species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended. (7) Fund means the State Wildlife Fund created by ORS 496.300. (8) Fur-bearing mammal means beaver, bobcat, fisher, marten, mink, muskrat, otter, raccoon, red fox and gray fox. (9) Game mammal means antelope, black bear, cougar, deer, elk, moose, mountain goat, mountain sheep, silver gray squirrel and gray wolf as a special status mammal defined by commission rule. (10) Hunt means to take or attempt to take any wildlife by means involving the use of a weapon or with the assistance of any mammal or bird. (11) Manage means to protect, preserve, propagate, promote, utilize and control wildlife. (12) Optimum level means wildlife population levels that provide self-sustaining species as well as taking, nonconsumptive and recreational opportunities. (13) Person with a disability means a person who complies with the requirement of ORS 496.018. (14) Shellfish has the meaning given that term in ORS 506.011. (15) Species means any species or subspecies of wildlife. (16) Take means to kill or obtain possession or control of any wildlife. (17) Threatened species means: (a) Any native wildlife species the commission determines is likely to become an endangered species within the foreseeable future throughout any significant portion of its range within this state. (b) Any native wildlife species listed as a threatened species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended. (18) Trap means to take or attempt to take any wildlife by means involving the use of a trap, net, snare or other device used for the purpose of capture. (19) Wildlife means fish, shellfish, amphibians and reptiles, feral swine as defined by State Department of Agriculture rule, wild birds as defined by commission rule and other wild mammals as defined by commission rule.
ORS Chapter 496 — Application, Administration

ORS 496.115. [Repealed by 1975 c.253 40]
ORS Chapter 496 — Application, Administration

ORS 496.116. Delegation of rulemaking authority to director; requirements. (1) In exercising any authority to adopt administrative rules delegated by the State Fish and Wildlife Commission under ORS 496.112, the State Fish and Wildlife Director shall comply with the requirements of ORS 496.138. (2) Notwithstanding ORS 183.400, for any rule adopted by the director pursuant to subsection (1) of this section, before a person may petition the Court of Appeals to determine the validity of the rule, the person shall first request that the State Fish and Wildlife Commission determine the validity of the rule. The determination of the commission may be reviewed in accordance with ORS 183.400.
ORS Chapter 496 — Application, Administration

ORS 496.118. Duties and powers of director. (1) Subject to policy direction by the State Fish and Wildlife Commission, the State Fish and Wildlife Director shall: (a) Be the administrative head of the State Department of Fish and Wildlife; (b) Have power, within applicable budgetary limitations, and in accordance with ORS chapter 240, to hire, assign, reassign and coordinate personnel of the department; (c) Administer and enforce the wildlife laws of the state; (d) Be authorized to participate in any proceeding before any public officer, commission or body of the United States or any state for the purpose of representing the citizens of Oregon concerning the wildlife resources of this state; (e) Establish such sections and divisions as are necessary to properly carry out the work of the commission; (f) Be responsible for the collection, application and dissemination of information pertinent to the management of the wildlife resources, and to the regulation of the uses of such resources; and (g) Coordinate any activities of the department related to a watershed enhancement project approved by the Oregon Watershed Enhancement Board under ORS 541.932 with activities of other cooperating state and federal agencies participating in the project. (2) In addition to duties otherwise required by law, the director shall prescribe internal policies and procedures for the government of the department, the conduct of its employees, the assignment and performance of its business and the custody, use and preservation of its records, papers and property in a manner consistent with applicable law. (3) In addition to any other duties assigned to the director, the director shall report quarterly on the activities of the department to the appropriate legislative committee. (4) The director may delegate to any employee of the department the exercise or discharge in the directors name of any power, duty or function of whatever character, vested in or imposed by law upon the director. The official act of a person so acting in the directors name and by the directors authority shall be considered to be an official act of the director. (5) The director may restrict or otherwise limit the participation of an employee of the department in any program administered by the department to ensure that the programs of the department are administered in a fair and equitable manner and that no employee of the department gains an advantage over the public. (6) Notwithstanding the provisions of ORS 496.112 (3), in times of emergency or with respect to regulating wildlife taking, the director may exercise the full powers of the commission until such times as the emergency ends or the commission meets in formal session.
ORS Chapter 496 — Application, Administration

ORS 496.121. Authority of department to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the State Department of Fish and Wildlife may require the fingerprints of a person who: (1)(a) Is employed or applying for employment by the department; or (b) Provides services or seeks to provide services to the department as a contractor, vendor or volunteer; and (2) Is, or will be, working or providing services in a position: (a) In which the person has direct access to persons under 18 years of age, elderly persons or persons with disabilities; (b) That has personnel or human resources functions as one of the positions primary responsibilities; (c) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems; (d) That involves the use, possession, issuance, transport, purchase, sale or forfeiture of firearms or munitions, access to firearms or munitions or the training of others in the use or handling of firearms; (e) In which the person resides on property managed by the department; (f) In which the person has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations; (g) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state; (h) That has mailroom duties as a primary duty or job function; (i) In which the person has responsibility for auditing the department; (j) In which the person has access to Social Security numbers, dates of birth or criminal background information of employees or members of the public; or (k) In which the person has access to tax or financial information about individuals or business entities. [2005 c.730 60; 2009 c.208 1] Note:
ORS Chapter 496 — Application, Administration

ORS 496.124. Fish Division; Wildlife Division; authority. In addition to such divisions as may be established by the State Fish and Wildlife Director pursuant to ORS
ORS Chapter 496 — Application, Administration

ORS 496.125. [Repealed by 1973 c.723 130]
ORS Chapter 496 — Application, Administration

ORS 496.128. Reports by commission. (1) The State Fish and Wildlife Commission shall report biennially to the Governor and to the Legislative Assembly on the activities of the commission during the preceding biennium. The commission shall make such additional reports as the Governor or the Legislative Assembly may direct. (2) The reports required by subsection (1) of this section shall be in such form and contain such information as the commission considers appropriate, and shall contain such other information as the Governor and the Legislative Assembly may require. Such reports shall include all new or amended rules, policies or procedures adopted by the commission and shall include a summary of significant consultation activity under ORS 496.164.
ORS Chapter 496 — Application, Administration

ORS 496.135. [Repealed by 1973 c.723 130]
ORS Chapter 496 — Application, Administration

ORS 496.138. Commission policies and programs; rules; public hearings; agency request budgets. (1) Consistent with the policy of ORS 496.012, 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 and perform the functions vested by law in the commission. (3) Except as provided in ORS 183.335 (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 to 291.222, 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 Governors budget.
ORS Chapter 496 — Application, Administration

ORS 496.140. [Repealed by 1973 c.723 130]
ORS Chapter 496 — Application, Administration

ORS 496.141. Fish screening program report. 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.
ORS Chapter 496 — Application, Administration

ORS 496.145. [Repealed by 1973 c.723 130]
ORS Chapter 496 — Application, Administration

ORS 496.148. Payment by credit card; fee; rules. The State Department of Fish and Wildlife may accept payments by credit card for any products or services offered by the department. The department may add a fee to the amount of any purchase made by credit card in an amount reasonably calculated to offset the impact to the department of financial institution fees related to credit card transactions. The State Fish and Wildlife Commission shall establish the fee amount by rule. [2019 c.102 1] Note:
ORS Chapter 496 — Application, Administration

ORS 496.150. [Repealed by 1973 c.723 130]
ORS Chapter 496 — Application, Administration

ORS 496.151. Allocation of nonresident tags for outfitters and guides. Notwithstanding any other provision of the wildlife laws, the State Fish and Wildlife Commission by rule shall establish a system for allocating hunting permits that are limited by maximum number for the taking of deer and elk by nonresident hunters so that a number equal to one-half of the number of those permits issued to nonresident hunters in the previous year are made available to the holders of registrations issued pursuant to ORS chapter 704, and who are certified pursuant to ORS 704.060, for the use of the clients of those registration holders. Such a system shall include but not be limited to: (1) Provisions to prevent misuse of the permits by the registrant or by employees of the registrant. (2) Provisions for revocation and refusal to issue all or any portion of the permits based upon a commission finding of an emergency situation or biological needs.
ORS Chapter 496 — Application, Administration

ORS 496.154. Limitation on authority to condemn certain farm use property. (1) The State Fish and Wildlife Commission shall not commence any proceeding to exercise the power of eminent domain to acquire any real property, or interest therein, that was devoted to farm use on January 1, 1974, unless the commission first obtains approval therefor from the Joint Committee on Ways and Means, or from the Emergency Board if the Legislative Assembly is not then in session. Upon a change in the use of such land from farm use, the commission may acquire such property, and interests therein, by exercise of the power of eminent domain without first obtaining legislative approval therefor. As used in this section, farm use has the meaning for that term provided in ORS 215.203. (2) The commission shall not commence any proceeding as provided in subsection (1) of this section unless the commission has obtained approval of its intended use of such property from the local governmental agencies having land use planning authority over such lands.
ORS Chapter 496 — Application, Administration

ORS 496.155. [Amended by 1967 c.454 86; repealed by 1973 c.723 130]
ORS Chapter 496 — Application, Administration

ORS 496.156. Expenditure priority for anadromous fish management. (1) In carrying out duties, functions and powers regarding the propagation of anadromous fish prescribed in the wildlife laws and the commercial fishing laws, the State Fish and Wildlife Commission shall give high priority to expenditures for propagation assistance by means of transportation of upstream and downstream migrants in those areas where dams and other such obstacles present a passage problem to juvenile or adult salmon. (2) For the purposes of this section, transportation means any method of helping anadromous fish to pass dams and other obstacles so as to reduce the mortality associated with passage. (3) Nothing in subsection (1) of this section prevents the cooperation of the commission with the federal government in programs financed pursuant to ORS 506.405.
ORS Chapter 496 — Application, Administration

ORS 496.158. Oregon Landowner Damage Program; fee. 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 landowners 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:
ORS Chapter 496 — Application, Administration

ORS 496.160. [Amended by 1971 c.658 2; repealed by 1973 c.723 130]
ORS Chapter 496 — Application, Administration

ORS 496.162. Establishing seasons, amounts and manner of taking wildlife; rules. (1) After investigation of the supply and condition of wildlife, the State Fish and Wildlife Commission, at appropriate times each year, shall by rule: (a) Prescribe the times, places and manner in which wildlife may be taken by angling, hunting, trapping or other method and the amounts of each of those wildlife species that may be taken and possessed. (b) Prescribe such other restrictions or procedures regarding the angling, taking, hunting, trapping or possessing of wildlife as the commission determines will carry out the provisions of wildlife laws. (2) In carrying out the provisions of subsection (1) of this section, the power of the commission includes, but is not limited to: (a) Prescribing the amount of each wildlife species that may be taken and possessed in terms of sex, size and other physical characteristics. (b) Prescribing such regular and special time periods and areas closed to the angling, taking, hunting and trapping of any wildlife species when the commission determines such action is necessary to protect the supply of such wildlife. (c) Prescribing regular and special time periods and areas open to the angling, taking, hunting and trapping of any wildlife species, and establishing procedures for regulating the number of persons eligible to participate in such angling, taking, hunting or trapping, when the commission determines such action is necessary to maintain properly the supply of wildlife, alleviate damage to other resources, or to provide a safe and orderly recreational opportunity. (3) Notwithstanding subsections (1) and (2) of this section, except as provided in ORS 498.146 or during those times and at those places prescribed by the commission for the hunting of elk, the commission shall not prescribe limitations on the times, places or amounts for the taking of predatory animals. As used in this subsection, predatory animal has the meaning for that term provided in ORS 610.002. (4) In carrying out the provisions of this section, before prescribing the numbers of deer and elk to be taken, the commission shall consider: (a) The supply and condition of deer and elk herds; (b) The availability of forage for deer, elk and domestic livestock on public and private range and forest lands; (c) The recreational opportunities derived from deer and elk populations; and (d) The effects of deer and elk herds on public and private range and forest lands.
ORS Chapter 496 — Application, Administration

ORS 496.164. Cooperation with public and private agencies for fish and wildlife management; technical information and policy recommendations; use of recommendations by state agencies. The State Fish and Wildlife Commission and the State Department of Fish and Wildlife may advise, consult and cooperate with other agencies of this state and political subdivisions, other states or the federal government and private landowners with respect to fish and wildlife management. The commission and the department shall provide such information, recommendations or advice in writing if requested by another state or federal agency to do so. Technical advice and information shall be based on the best available scientific information. Policy or implementation recommendations provided in administrative rulemaking proceedings shall be based on consideration of all the goals of wildlife management in ORS 496.012, in addition to applicable scientific information. State agencies, boards or commissions receiving policy or implementation recommendations shall consider such recommendations in the context of their respective statutory responsibilities, and shall take into account the extent to which such recommendations are substantiated with the best available scientific information and based on consideration of all of the goals of wildlife management in ORS 496.012.
ORS Chapter 496 — Application, Administration

ORS 496.165. [Repealed by 1973 c.723 130]
ORS Chapter 496 — Application, Administration

ORS 496.167. Department recompensable assistance to agencies; tracking and statements. (1) Subject to rules prescribed by the State Fish and Wildlife Commission, in rendering recompensable assistance to an agency, the State Department of Fish and Wildlife shall: (a) For fiscal years beginning on or after July 1, 2015, and before July 1, 2019, track and prepare statements reporting the number of hours spent by department personnel performing recompensable assistance for any executive department agency, including an hourly rate that would be charged, based on the class of department personnel performing the services. The department shall send statements to the agency receiving services, but may not charge for services. This paragraph does not prohibit the department from charging another state agency for services pursuant to an interagency agreement that is in effect between the department and the other agency at any time during the period beginning July 1, 2015, and ending July 1, 2021. (b) For fiscal years beginning on or after July 1, 2019, track and prepare statements reporting the number of hours spent by department personnel performing recompensable assistance for any executive department agency, including an hourly rate that would be charged, based on the class of department personnel performing the services. (2)(a) The charges for which statements are prepared and, after July 1, 2019, billed include, but are not limited to, costs of providing professional, investigatory, administrative and clerical services and capital outlay. (b) An executive department agency may not submit an invoice to a private entity, a member of the public or an applicant for a state-issued permit for services performed by the department, unless the invoice is authorized by a statute, rule or interagency agreement executed: (A) Prior to June 25, 2015; or (B) Following consultation with persons representative of those private entities, members of the public or permit applicants that are subject to invoicing under this paragraph. (3) As used in this section: (a) Agency means any department, board, commission, agency or officer of the executive department. (b) Executive department has the meaning given that term in ORS 174.112. (c) Recompensable assistance means assistance rendered by the department as part of advancing fee-funded programs administered by an agency. [2015 c.566 1] Note: