reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.450 - Application for project; subjects for projects; conditions for approval.

(1) Any citizen or group of citizens may submit to the State Fish and Wildlife Commission a proposal for a project consistent with the recovery or sustainability of native stocks to be implemented under the salmon and trout enhancement program or may submit a request for advice and assistance in developing such a project.
(2) An enhancement project may include, but is not limited to, habitat improvement, installation and operation of streamside incubators, brood stock development, fish stocking and spawning ground surveys and data collection.
(3) The commission shall approve for implementation only those enhancement projects based on sound biological principles and shall use fish stocks most adapted to the project locale. To the greatest extent practicable, a project must be designed to maximize survival, adult returns and genetic diversity while minimizing disease.
(4) Conditions for approval by the commission for implementation of a project include but are not limited to:
(a) Provisions satisfactory to the commission for inspection and evaluation of the implementation of a project; and
(b) Provisions satisfactory to the commission for controlling the expenditure of and accounting for any funds granted by the commission for implementation of the project. [1981 c.317 §6; 2003 c.463 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.455 - Use of native stocks for projects; conditions.

In carrying out any duties, functions or power under the wildlife laws or the commercial fishing laws, the State Fish and Wildlife Commission may authorize the taking of native stocks and their sexual products, but may not provide any such native stocks or the sexual products therefrom to any person granted a permit by the commission pursuant to ORS 508.700 to 508.745 unless, at a minimum, sufficient fish are returned to the donor stream to compensate fully for native smolts which might have resulted from eggs removed from the donor stock. When entering into a contract for the taking of native stock with a person granted a permit pursuant to ORS 508.700 to 508.745, the commission shall consider the use of the facilities for the taking of additional native stock for public management activities, including the salmon and trout enhancement program. [1981 c.317 §7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.458 - Remote hatchbox program; rules.

(1) The State Fish and Wildlife Commission shall develop and implement a remote hatchbox program.
(2) To implement the remote hatchbox program required under subsection (1) of this section, the commission shall:
(a) Identify sites in tributaries that are suitable for remote hatchboxes;
(b) Adopt rules necessary to implement the remote hatchbox program;
(c) Investigate the potential of producing remote hatchboxes through an adult in custody work program of the Department of Corrections; and
(d) Report annually to the Legislative Assembly on the progress of the remote hatchbox program. The report shall include but need not be limited to the sites the commission has chosen, a copy of rules the commission has adopted and findings on the extent to which the commission is utilizing labor, supplies or services provided by an adult in custody work program.
(3) Rules adopted by the commission under subsection (2) of this section shall:
(a) Ensure that the program is scientifically sound;
(b) Be consistent with the goals of the Oregon Plan, as described in ORS 541.898; and
(c) Identify protocols for determining when the use of remote hatchboxes is an appropriate activity under the Oregon Plan. [1999 c.189 §4; 2019 c.213 §104]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.460 - Salmon and Trout Enhancement Program Advisory Committee; members; duties and powers; travel and expenses.

(1) The Salmon and Trout Enhancement Program Advisory Committee is established as an advisory committee to the State Fish and Wildlife Commission. The committee shall be of such size and have such geographical representation as the commission determines appropriate. Members of the committee shall be appointed by the Governor.
(2) The committee shall review the policies of the State Department of Fish and Wildlife and make recommendations to the State Fish and Wildlife Commission and to the department concerning the implementation of salmon and trout enhancement projects.
(3) A member of the committee shall receive no compensation for services as a member. However, subject to any applicable law regulating travel and other expenses of state officers and employees, a member shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties from such moneys as may be available to the department therefor. [1981 c.317 §8]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.465 - Interference with project prohibited.

Except for activities or projects authorized by a unit of municipal, state or federal government, no person shall disturb, damage, destroy or interfere with the operation of a salmon and trout enhancement project referred to in ORS 496.450. [1989 c.940 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.470 - Natural production of anadromous fish; rules; priorities.

(1) The State Fish and Wildlife Commission shall adopt by rule plans for the natural production of anadromous fish runs in the basins set forth in subsection (2) of this section. The commission shall adopt the plans after government-to-government consultation in the forum established pursuant to United States v. Oregon, United States District Court Case No. 68-513 MA, among the State Department of Fish and Wildlife and the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon and the Nez Perce Tribe.
(2) The basins for which plans may be adopted under subsection (1) of this section are:
(a) Hood;
(b) Deschutes;
(c) Fifteenmile Creek;
(d) John Day;
(e) Umatilla;
(f) Walla Walla;
(g) Grande Ronde; and
(h) Imnaha.
(3) Of the basins set forth in subsection (2) of this section, the commission shall give priority to adopting plans for the Grande Ronde, Imnaha, Umatilla, Walla Walla and Hood basins. [1999 c. 671 §1; 2001 c.97 §1]
Note:
496.470 to 496.480 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.475 - Adoption of basin plans.

The plans adopted pursuant to ORS 496.470 shall:
(1) Incorporate sound science;
(2) Be based upon adaptive management, incorporating monitoring and evaluation and clearly defined objectives and outcomes;
(3) Benefit fish and wildlife;
(4) Be consistent with efforts of the State of Oregon to recover salmonid populations listed under the federal Endangered Species Act, 16 U.S.C. 1531 to 1544; and
(5) Include a risk versus benefit analysis to wild fish. [1999 c.671 §2; 2001 c.97 §2]
Note:
See note under 496.470.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.480 - Reports on basin plans.

The State Department of Fish and Wildlife shall report at least once every six months to the appropriate legislative committee and the Governor on the progress of the department and the State Fish and Wildlife Commission in implementing ORS 496.470 and 496.475. [1999 c.671 §3; 2001 c.97 §3]
Note:
See note under 496.470.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.490 - Fishing tackle program.

(1) The State Department of Fish and Wildlife shall establish a Keep Oregon’s Rivers Clean program for the collection, recycling and proper disposal of fishing tackle, including monofilament line, fluorocarbon leaders, lines, lead weights and lures.
(2) The program shall consist of collection points located at or near established fishing areas and boat ramps. At each collection point, the department shall work with conservation and outdoor sports groups to provide a container for collection of tackle and post permanent signs or other notices that explain the program, the benefits of proper tackle recycling and disposal and the Oregon conservation ethic.
(3) The State Department of Fish and Wildlife may work cooperatively with the State Parks and Recreation Department to establish a method by which deposited tackle may be collected for recycling and disposal.
(4) The State Department of Fish and Wildlife shall include in any statewide sportfishing regulations publication produced by the department a statement explaining the collection and recycling program and encouraging nongovernmental organization participation in the program. [2003 c.188 §1; 2005 c.108 §1]
Note:
496.490 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.510 - Assent to federal wildlife-restoration statute; duty of commission with regard thereto.

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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.525 - Federal fish restoration and management aid; powers of commission with regard thereto.

(1) The State of Oregon assents to the provisions of the Act of Congress entitled, "An Act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes," approved August 9, 1950, Public Law No. 681, 81st Congress (64 Stat. 430, 16 U.S.C.A. 777).
(2) The State Fish and Wildlife Commission shall perform such acts as may be necessary to the conduct and establishment of cooperative fish restoration projects, as defined in said Act of Congress, in compliance with said Act and rules and regulations promulgated thereunder by the Secretary of the Interior.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.550 - Migratory waterfowl stamps; design selection; production of stamps and art works.

(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 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.555 - Contract on migratory waterfowl stamp matters.

In carrying out its duties, functions and powers with regard to the migratory waterfowl stamps, 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 Migratory Waterfowl Subaccount established under ORS 496.303. [1983 c.801 §4; 2001 c.822 §6; 2015 c.779 §46]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.558 - "Upland bird" defined.

As used in this section and ORS 496.562, 496.566 and 497.153, "upland bird" means those bird family members commonly known as pheasant, quail, grouse and partridge, including chukars. [1989 c.406 §2]
Note:
496.558 and 496.562 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 496 by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.562 - Policy.

The purposes of this section and ORS 496.558, 496.566 and 497.153 are to:
(1) Authorize the State Fish and Wildlife Commission to issue to hunters an upland bird stamp for a specified fee;
(2) Establish a fund to be financed by the sale of upland bird stamps and any art works and prints related to the upland bird stamps for the purposes of promoting the propagation and conservation of upland birds and acquiring, developing, managing, enhancing, purchasing or acquiring through lands exchange upland bird habitat; and
(3) Provide the State Fish and Wildlife Commission with improved data on the location and number of upland bird hunters. [1989 c.406 §1; 2015 c.779 §47]
Note:
See note under 496.558.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.566 - Contest for stamp design; sale of art works; contracts for stamp matters.

(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 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. [1989 c.406 §6; 2001 c.822 §7; 2015 c.779 §48]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.571 - Habitat conservation stamp; fees; design selection; production of stamps and art works.

(1) The State Fish and Wildlife Commission may issue an annual habitat conservation stamp. The fee for the stamp may not exceed $50.
(2) The commission shall arrange, by contest or other appropriate means, for the selection of the design of the annual habitat conservation stamp authorized by subsection (1) of this section and for the production and sale of the stamps.
(3) The commission may produce the number of stamps the commission considers appropriate and may make stamps available for the creation of 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.
(4) In carrying out its duties, functions and powers with regard to the habitat conservation stamp, the 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 the contract. All costs and expenses incurred pursuant to this section shall be paid from the Oregon Conservation Strategy Subaccount established under ORS 496.303. [2011 c.50 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.605 - Enforcement of wildlife laws by State Fish and Wildlife Director, deputies and peace officers.

The State Fish and Wildlife Director and any deputies of the director and all other peace officers of this state or any political subdivision thereof have jurisdiction of and may enforce any of the provisions of the wildlife laws. [Amended by 1973 c.723 §17]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.610 - State police to enforce wildlife laws; payment of expenses from wildlife fund; appointment of federal agents.

(1) The Department of State Police shall employ a sufficient number of state police to enforce the wildlife laws.
(2) The services and expenses of the Department of State Police incurred in the enforcement of the wildlife laws shall be paid from the State Wildlife Fund.
(3) The Superintendent of State Police may appoint special enforcement officers authorized to enforce the wildlife laws. Individuals so appointed must be special agents of the United States Fish and Wildlife Service or the National Marine Fisheries Service, and shall serve at the pleasure of the superintendent without additional compensation. Each such special enforcement officer shall have all powers and authority of a peace officer of this state in serving warrants, subpoenas and other legal process in enforcement of the wildlife laws. [Amended by 1971 c.658 §10; 1973 c.723 §18; 1983 c.364 §4; 2003 c.14 §336]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.615 - Commission employees to supplement state police.

The State Fish and Wildlife Commission, with the approval of the Governor and Superintendent of State Police, may employ such persons as they deem necessary or expedient for the enforcement of the wildlife laws. The services and expenses of these persons are payable out of the State Wildlife Fund. It is the intention of this section and ORS 496.610 that the commission employ only such persons as agreed upon between the commission, the Governor and the Superintendent of State Police, and that the duties of wildlife law enforcement, so far as is economical and practicable, be performed by the Department of State Police. [Amended by 1973 c.723 §19]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.620 - Nonliability of law enforcement officers.

No person authorized to enforce the wildlife laws shall suffer any civil liability for the enforcement or attempted enforcement of any provisions of the wildlife laws or for the exercise or attempted exercise of any of the duties or privileges granted to or imposed by law upon the State Fish and Wildlife Commission or such persons. [Amended by 1971 c.658 §11; 1973 c.723 §20]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.630 - District attorneys to prosecute criminal cases; jurisdiction of courts.

(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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.640 - Service of process by law enforcement personnel.

The persons mentioned in ORS 496.645 have all powers and rights of a peace officer in serving warrants, subpoenas or other legal process in the enforcement of the wildlife laws. [Amended by 1971 c.658 §14; 1973 c.723 §22]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.645 - Arrest without warrant of violators; trial.

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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.650 - Issuance of citation to violator.

Should any person making an arrest mentioned in ORS 496.645 for the violation of the wildlife laws desire not to forthwith take the person arrested before the justice of the peace or judge having jurisdiction or desire not to immediately take the arrested person into custody, the person making the arrest may issue a citation to the person arrested. [Amended by 1973 c.723 §24]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.665 - Issuance of search warrants; places searched; use and disposition of seized property.

(1) Any court having jurisdiction of the offense, upon receiving proof or probable cause for believing in the concealment of any wildlife taken, killed or had in possession, under control, or shipped contrary to the wildlife laws, shall issue a search warrant and cause a search to be made in any place, and to that end cause any building, enclosure, car, automobile, boat, apartment, chest, box, parcel, crate or basket to be opened and the contents examined by any person authorized to enforce the wildlife laws.
(2) All wildlife, or parts thereof, thus discovered shall be held by the State Fish and Wildlife Commission as evidence against any party accused of the crime in connection therewith.
(3) Upon conviction of the parties accused, such wildlife, or parts thereof, shall be disposed of by the commission. Any funds arising from the disposal shall become a part of the State Wildlife Fund. [Amended by 1971 c.658 §17; 1973 c.723 §27]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.670 - Arrests made on Sunday.

The arrests mentioned in ORS 496.645 may be made on Sunday. In this event the persons arrested shall be taken before any justice of the peace or judge having jurisdiction, who shall bind over the persons arrested to appear and be proceeded against as soon as may be on week day following the arrest. [Amended by 1991 c.267 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.675 - Seizure without warrant by law enforcement personnel.

The persons mentioned in ORS 496.645 may at any time, without warrant, seize and take possession of:
(1) Any wildlife which has been caught, taken or killed, or had in possession or under control, which have been killed, had in possession or shipped, at any time, in any manner or for any purpose contrary to the wildlife laws.
(2) Any guns, boats, fishing or other apparatus used for the purpose of hunting or fishing, at any time, in any manner or for any purpose contrary to the wildlife laws. [Amended by 1971 c.658 §18; 1973 c.723 §28]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.680 - Seizure of unlawful devices and unlawfully taken wildlife; forfeiture; disposition; repayment of administrative costs.

(1) All wildlife taken by, or in the possession of any person in violation of the wildlife laws, and all guns, boats, traps, fishing apparatus and implements used in angling, hunting or trapping or taking any wildlife in violation of the wildlife laws may be seized by any person authorized to enforce the wildlife laws, and may be forfeited.
(2) All wildlife shot by any person while violating any provision of ORS 164.245 to 164.270 or 498.120 shall be seized by any person authorized to enforce the wildlife laws and shall be forfeited.
(3) If forfeited, such property shall be turned over to the State Fish and Wildlife Commission by order of the court at the time of passing sentence for the violation.
(4) The commission may dispose of such property in any manner it considers proper, but the clear proceeds derived from the sale of any seized guns, boats, traps, fishing apparatus or implements shall be deposited in the Common School Fund. Any wildlife taken in violation of the wildlife laws may be disposed of forthwith or used for food purposes, under rules of the commission, to prevent spoilage.
(5) Upon conviction of a person for taking wildlife while violating any provision of ORS 164.245 to 164.270 or 498.120, the court shall include in the sentence a requirement that the convicted person pay to the seizing agency an amount equal to the cost incurred in seizing, storing and disposing of the seized and forfeited wildlife. [Amended by 1971 c.658 §19; 1973 c.723 §29; 1987 c.858 §6; 1993 c.440 §2; 1999 c.1051 §272]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.690 - Possession of wildlife as evidence of illegal taking.

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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.695 - Counseling, aiding or sharing in violation.

Any person who counsels, aids or assists in any violation of the wildlife laws, or shares in any of the proceeds of such violation by receiving or possessing any wildlife, shall incur the penalties provided for the person guilty of such violation. [Amended by 1971 c.658 §21; 1973 c.723 §30]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.700 - Investigating violations; summoning witnesses.

(1) Where the State Fish and Wildlife Commission has been furnished information of the violation of any of the wildlife laws, the commission, or one especially authorized by it, may proceed to the place where the offense is said to have been committed and summon and examine under oath witnesses to ascertain the facts and to avoid useless and frivolous indictments or prosecutions.
(2) Witnesses shall be paid by the commission from the State Wildlife Fund at the rate of $5 per day and mileage from their places of residence at the rate of eight cents per mile.
(3) No witness so summoned shall refuse to attend or testify under this section. [Amended by 1971 c.658 §22; 1973 c.723 §31]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.710 - Compelling testimony in enforcement proceedings.

In any action or proceeding for the enforcement of any of the provisions of the wildlife laws, or in any investigation before a grand jury, district attorney or other officer, or any criminal proceeding, no person shall be excused from testifying concerning any offense committed by another or by the person on the ground that the testimony of the person may incriminate the person. However, such testimony shall not be used against the person in any prosecution for any crime or misdemeanor under the laws of the state, nor shall the person be subject to any criminal prosecution or any penalty or forfeiture for or on account of any transaction, matter or thing concerning which the person has been compelled to testify or to produce evidence, documentary or otherwise. [Amended by 1971 c.658 §23; 1973 c.723 §33]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.716 - Wildlife inspection stations.

(1) As used in this section:
(a) "Enforcement officer" has the meaning given that term in ORS 153.005.
(b) "Food establishment" has the meaning given that term in ORS 616.695.
(c) "Taken" means killed or captured, whether inside or outside of this state.
(d) "Vehicle" has the meaning given that term in ORS 801.590.
(e) "Wildlife" has the meaning given that term in ORS 496.004.
(2) The State Department of Fish and Wildlife may operate wildlife inspection stations for the purposes of:
(a) Preventing the spread of chronic wasting disease or other infections or infestations harmful to wildlife; or
(b) Collecting information in furtherance of wildlife management efforts.
(3) The operator of a vehicle that is transporting taken wildlife or parts of taken wildlife shall stop for inspection of the wildlife or parts of wildlife when arriving at a wildlife inspection station described in this section. This subsection does not apply to the transporting of parts of taken wildlife that have been processed by a food establishment.
(4) A wildlife inspection station described in this section must be:
(a) Operated as provided under policies and guidelines adopted by the State Fish and Wildlife Director;
(b) Plainly marked by signs that conform to applicable state and federal laws; and
(c) Staffed by at least one uniformed employee of the State Department of Fish and Wildlife.
(5) The wildlife inspection station purposes described in subsection (2) of this section do not prohibit or restrict State Department of Fish and Wildlife employees from carrying out other lawful actions while operating a wildlife inspection station, including but not limited to requesting to see angling or hunting licenses.
(6) The operator of a vehicle that is transporting taken wildlife or parts of taken wildlife commits a Class A violation if the operator fails to stop for inspection of the wildlife when arriving at a wildlife inspection station.
(7) Notwithstanding ORS 153.042, an enforcement officer authorized to enforce wildlife laws in this state may issue a citation under subsection (6) of this section when the conduct alleged to constitute a violation did not take place in the presence of the enforcement officer, if the enforcement officer has reasonable grounds to believe that the conduct constitutes a violation on the basis of information received from a department employee who is staffing a wildlife inspection station and observes the violation. [2021 c.98 §1]
Note:
496.716 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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.730 - Legislative intent.

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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.731 - Written notification requiring removal of attractant for potentially habituated wildlife; exceptions.

(1) As used in this section:
(a) "Officer" means any person authorized to enforce the wildlife laws pursuant to ORS 496.605, 496.610 or 496.615.
(b) "Potentially habituated wildlife" means bear, cougar, coyote and wolf.
(2) A person who places, deposits, distributes, stores or scatters food, garbage or any other attractant so as to knowingly constitute a lure, attraction or enticement for potentially habituated wildlife may be issued a written notification by an officer requiring the person to remove the food, garbage or other attractant within two days of notification.
(3) A person who receives a written notification under subsection (2) of this section shall remove the food, garbage or other attractant as directed.
(4) This section does not apply to:
(a) Activities related to an agricultural, forestry or ranching operation.
(b) Feeding potentially habituated wildlife with the State Fish and Wildlife Director’s authorization. The director may authorize the feeding:
(A) In order to prevent damage to private property;
(B) In order to mitigate the population loss anticipated by a predicted winter mortality; or
(C) As a part of a research or management program.
(c) Waste disposal facilities operating in accordance with applicable federal, state and local laws.
(d) Zoos, wildlife refuges and persons that have a permit to keep wildlife in captivity for rehabilitation or other purposes pursuant to ORS 497.228, 497.298 or 497.308.
(5) Nothing in this section affects any provision of ORS 498.164. [2011 c.284 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.815 - Definitions for ORS 496.815 to 496.825.

As used in ORS 496.815 to 496.825:
(1) "Department" means the State Department of Fish and Wildlife.
(2) "Director" means the State Fish and Wildlife Director.
(3) "Person" means an individual, corporation, association, firm, partnership, joint stock company, municipal corporations and all other political subdivisions of the State of Oregon. The federal government or any of its agencies are specifically excluded. [1985 c.674 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.820 - Permit or license fee.

(1) Any person applying for a permit to appropriate water for hydroelectric purposes under ORS 537.150 to 537.252 or any person applying for a preliminary permit or license under ORS 543.010 to 543.610 shall pay an administration fee of $350 to the State Department of Fish and Wildlife.
(2) If a person pays the administration fee under subsection (1) of this section at the time the person applies for a preliminary permit under ORS 543.210, the person shall not also be required to pay the fee when applying for a license for the same project under ORS 543.010 to 543.610. [1985 c.674 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.825 - Application fee; exception.

(1) In addition to any other fee required by law, at the time the person applies to the Water Resources Department for a license to operate a hydroelectric project under ORS 543.010 to 543.610 or for a permit to appropriate water for hydroelectric purposes under ORS 537.150 to 537.230, the person shall pay to the State Fish and Wildlife Director an application fee the amount of which shall be the greater of:
(a) $1,000; or
(b) Thirty-five cents for each kilowatt of proposed capacity of the project.
(2) The director shall postpone the payment of the fee under subsection (1) of this section for a permit to appropriate water under ORS 537.150 to 537.230 until the person submits final plans and specifications for the project to the Water Resources Department under ORS 537.150.
(3) Subsection (1) of this section shall not apply to any applicant for a permit or license for a project producing 100 theoretical horsepower or less. [1985 c.674 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.830 - Penalty fee.

A person who fails to pay the fee required under section 4, chapter 674, Oregon Laws 1985, or the assessment under section 5, chapter 674, Oregon Laws 1985, or ORS 543.265 on the due date shall pay in addition to the assessed amount due, a penalty in the amount of one percent of the fee per month for the period that the fee is past due. The State Fish and Wildlife Director may bring an action to collect an unpaid fee or assessment in the name of the State of Oregon in the Circuit Court of Marion County or the circuit court of the county in which the project is located. The director shall be entitled to recover all costs and attorney fees incurred in the legal action. [1985 c.674 §7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.835 - Oregon Fish and Wildlife Hydroelectric Fund.

(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 and 496.825 and moneys transferred from the Water Resources Department Hydroelectric Fund as provided in ORS 536.015.
(3) Moneys in the fund may be invested as provided in ORS 293.701 to 293.857. 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.850 - Community outreach and education regarding recreational harvesting of shellfish.

(1) The State Department of Fish and Wildlife shall establish and administer a program for community outreach and education to provide residents of this state with guidance and instruction regarding opportunities for the recreational harvesting of shellfish. The department shall make information readily available to schools and members of the public through:
(a) Internet or other electronic means;
(b) Regulatory signs;
(c) Brochures, maps and other printed material;
(d) Workshops and clinics; and
(e) Special outreach events.
(2) In carrying out the program described in subsection (1) of this section, the department shall cooperate with Indian tribes and the Department of State Police in efforts to enhance the enforcement of commercial and recreational shellfish catch limits. [2019 c.654 §6]
Note:
496.850 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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.860 - Authorization to remove nonindigenous aquatic species.

Notwithstanding ORS 498.042 and 509.112 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 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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.905

[1967 c.604 §1; 1969 c.59 §1; 1971 c.388 §3; 1973 c.723 §35; 1979 c.477 §11; renumbered 153.710]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.994 - Obstructing the taking of wildlife prohibited.

(1) A person commits the offense of obstructing the taking of wildlife if the person, having no right to do so, interferes with the lawful taking, or the process of taking, of wildlife by another with the intent to prevent the taking.
(2) Obstructing the taking of wildlife is a Class A misdemeanor. [1987 c.473 §2; 1989 c.171 §67; 1995 c.468 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.996 - Attempts to take wildlife decoy as unlawful wildlife taking.

(1) A person commits the crime of unlawful taking of wildlife if:
(a) The person discharges a firearm or other hunting device, traps, or acts toward a wildlife decoy in any manner consistent with an unlawful taking of wildlife; and
(b) The wildlife decoy is under the control of law enforcement officials.
(2) As used in this section, "wildlife decoy" means any simulation or replication of wildlife, in whole or in part, used by law enforcement officials for purposes of enforcing state wildlife laws. [1995 c.125 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 497 - Licenses, Tags and Permits › Section 497.002 - "Resident" and "nonresident" defined.

Except as provided in ORS 497.006, as used in this chapter:
(1)(a) "Resident" means a person who has physically resided in this state for not less than six consecutive months immediately prior to the date of making application for a license, tag or permit issued by the State Fish and Wildlife Commission.
(b) "Resident" does not include a person:
(A) Who merely owns real property or pays property taxes in this state; or
(B) Who claims resident privileges in another state or country for any purpose.
(2) "Nonresident" means any person other than a resident. [1973 c.723 §41; 2021 c.128 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 497 - Licenses, Tags and Permits › Section 497.006 - Certain persons as residents for licensing purposes.

(1) As used in this section:
(a) "Dependent children" includes any children of an active member of the Armed Forces of the United States who:
(A) Are under 18 years of age and not married, otherwise emancipated or self-supporting; or
(B) Are under 23 years of age, unmarried, enrolled in a full-time course of study in an institution of higher learning and dependent on the resident member of the uniformed services for over one-half of their support.
(b) "Resident member of the uniformed services" means a member of the uniformed services who:
(A) Resides in this state while assigned to duty at any base, station, shore establishment or other facility in this state;
(B) Resides in this state while serving as a member of the crew of a ship that has an Oregon port or shore establishment as its home port or permanent station; or
(C) Resides in another state or a foreign country and establishes Oregon residency by filing Oregon state income taxes no later than 12 months before leaving active duty.
(c) "Uniformed services" means:
(A) The Army, Navy, Air Force, Marine Corps and Coast Guard of the United States;
(B) The reserves of the Army, Navy, Air Force, Marine Corps and Coast Guard of the United States;
(C) The Oregon National Guard and the National Guard of any other state or territory;
(D) The commissioned corps of the National Oceanic and Atmospheric Administration; and
(E) The Public Health Service of the United States Department of Health and Human Services while detailed by proper authority for duty with the Army or Navy of the United States.
(2) The following persons are resident persons for the purpose of purchasing licenses, tags and permits issued by the State Fish and Wildlife Commission:
(a) A resident member of the uniformed services and the member’s spouse and dependent children.
(b) A member of the uniformed services who is not a resident member of the uniformed services, except for the purpose of purchasing controlled hunt tags issued by the commission.
(c) A noncitizen who furnishes to the commission evidence satisfactory to the commission that the noncitizen is attending a school in this state pursuant to a foreign student exchange program. [1973 c.723 §42; 1987 c.158 §112; 1987 c.162 §8; 1989 c.264 §4; 2003 c.242 §5; 2005 c.831 §10; 2012 c.106 §10; 2013 c.236 §3; 2022 c.97 §13]