reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.164 - Use of dogs or bait to hunt black bears or cougars; prohibitions; exemptions; penalties.

(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 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 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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.166 - Bears or cougars posing threat to human safety.

(1) Notwithstanding the licensing and tag requirements of ORS 497.102, 497.112, 497.127 and 497.132, a person may take a cougar or bear that poses a threat to human safety.
(2) Any person who takes a cougar or bear pursuant to subsection (1) of this section shall immediately report the taking to a person authorized to enforce the wildlife laws and shall dispose of the animal in such manner as the State Fish and Wildlife Commission directs.
(3) Any regional office of the State Department of Fish and Wildlife ordering the disposal of an animal under subsection (2) 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 disposition of the animal, the events leading to the taking of the animal and any injury caused by the animal to humans or domesticated animals. 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.
(4) As used in this section:
(a) "Structure" includes a building being used as a residence, a building located on land actively used for agricultural, timber management, ranching or construction purposes or a building used as part of a business.
(b) "Threat to human safety" means the exhibition by a cougar or bear of one or more of the following behaviors:
(A) Aggressive actions directed toward a person or persons, including but not limited to charging, false charging, growling, teeth popping and snarling.
(B) Breaking into, or attempting to break into, a residence.
(C) Attacking a pet or domestic animal as defined in ORS 167.310.
(D) Loss of wariness of humans, displayed through repeated sightings of the animal during the day near a permanent structure, permanent corral or mobile dwelling used by humans at an agricultural, timber management, ranching or construction site. [2001 c.431 §2; 2015 c.779 §50]
Note:
498.166 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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.170 - Hunters who have a visual impairment.

(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 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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.172 - Trap check requirements.

(1) A person holding a license issued under ORS 497.142 may not set a trap for fur-bearing mammals without checking the trap at least once during each 48-hour period.
(2) A person may not set a trap for a predatory animal, as defined in ORS 610.002, without checking the trap on a regular basis. [2001 c.562 §2]
Note:
498.172 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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.180 - Sale of hunts for feral swine prohibited; penalties; revocation of hunting licenses, tags and permits.

(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)(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. 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 (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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.182 - Knowingly allowing feral swine to roam on certain lands prohibited; rules.

(1) A person, or an employee of that person who acts as a land manager, may not knowingly, as defined in ORS 161.085, allow feral swine to roam on land owned or controlled by that person.
(2) A person, or an employee of that person who acts as a land manager, shall take action in a manner consistent with rules adopted by the State Fish and Wildlife Commission to remove any feral swine that roams on land owned or controlled by that person if the person or employee knows that feral swine roam on land owned or controlled by that person. ORS 497.075 does not apply to this subsection.
(3) A person, or an employee of that person who acts as a land manager, shall, within 10 days after discovering feral swine on land owned or controlled by that person, inform the State Department of Fish and Wildlife about the feral swine. [2009 c.605 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.208 - Use of electricity or foreign substances to take game fish prohibited; rules.

(1) Except as the State Fish and Wildlife Commission by rule may provide otherwise, no person shall:
(a) Use in any body of water any electric current that may attract, frighten, retard, stun, kill or obstruct the movement of any game fish.
(b) Place in any body of water any foreign substance such as blood or fish offal or any gas, chemical, drug or powder that may attract, frighten, retard, stun, kill or obstruct the movement of any game fish.
(c) Use in any body of water any explosive device for the purpose of taking game fish.
(2) No person shall possess any game fish that the person knows or has reason to know was taken in violation of subsection (1) of this section. [1973 c.723 §92]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.216 - Angling from fishways restricted; rules.

Except as the State Fish and Wildlife Commission by rule may provide otherwise, no person shall trespass upon or angle from any fishway or angle within an area of a body of water bounded by a line extending across the body of water 200 feet above the upper end of a fishway and a line across the body of water 200 feet below the lower end of a fishway. [1973 c.723 §93]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.222 - Transportation or release of fish without permit prohibited; penalties; revocation of angling licenses and tags; suit for recovery of damages.

(1) No person shall:
(a) Transport any live fish unless the person has first obtained a permit therefor from the State Fish and Wildlife Commission.
(b) Release or attempt to release into any body of water any live fish that was not taken from that body of water, unless the person has first obtained a permit therefor from the commission.
(2) The commission may refuse to issue the permit referred to in subsection (1)(b) of this section if the commission finds that release of the fish into a body of water would adversely affect existing fish populations.
(3) Subsection (1)(a) of this section does not apply to live fish that are for aquaria use.
(4) Violation of subsection (1)(b) of this section is:
(a) A Class C felony if the violation is committed intentionally or knowingly.
(b) A Class A misdemeanor if the violation is committed recklessly or with criminal negligence.
(5)(a) Notwithstanding ORS 497.415 (1), (2), (3) and (5), when a person is convicted of violating subsection (1)(b) of this section, the court in which the conviction occurs shall notify the commission, which shall revoke all angling licenses and tags issued to that person pursuant to the wildlife laws. Revocation of licenses and tags is in addition to and not in lieu of other penalties provided by law.
(b) No person who has been convicted of violating subsection (1)(b) of this section shall apply for, obtain or possess any angling license or tag issued pursuant to the wildlife laws within five years after the conviction.
(6)(a) The commission may institute suit for the recovery of damages for the control or eradication of live fish released into a body of water in violation of subsection (1)(b) of this section. The damages awarded under this subsection shall be the amount necessary to return the body of water to its condition prior to the violation.
(b) In any action under this subsection, the court shall award to the prevailing party, in addition to costs and disbursements, reasonable attorney fees.
(c) Damages awarded under this subsection shall be in addition to other penalties prescribed by the wildlife laws for releasing or attempting to release live fish without a permit.
(d) Any circuit or justice court has jurisdiction to try any case for the recovery of damages as provided by this subsection. [1973 c.723 §94; 2009 c.243 §1; 2011 c.597 §66]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.228 - Possession of fish taken outside state restricted.

(1) Except as provided in subsection (2) of this section:
(a) No person shall possess or import into this state from the waters of the Pacific Ocean beyond the boundaries of this state any game fish unless the person has in possession those valid angling licenses, tags and permits required therefor by the wildlife laws or rules promulgated pursuant thereto.
(b) No person shall possess or import into this state from any waters beyond the boundaries of this state any game fish in excess of the amount prescribed by the wildlife laws or rules promulgated pursuant thereto.
(2) Subsection (1) of this section does not apply to:
(a) The possession or importation of fish taken pursuant to the commercial fishing laws; or
(b) The possession or importation of fish taken in the waters of another state, a territory of the United States or a foreign country pursuant to the laws of such state, territory or foreign country. [1973 c.723 §95]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.234 - Protection of finfish and shellfish from introduction of disease; exceptions; rules.

(1) The State Fish and Wildlife Commission shall, by rule, establish a program to protect all finfish and shellfish in waters of this state, both public and private, from infection by the introduction of detrimental fish diseases.
(2) Rules adopted under subsection (1) of this section shall not apply to live aquaria species imported or transported for aquaria use unless those species are reared in facilities from which effluent directly enters waters of this state.
(3) The requirements of subsection (1) of this section are in addition to any other requirement of law, or rule promulgated pursuant thereto, regarding the importation into this state of live game fish or game fish eggs. [1973 c.723 §96; 1987 c.294 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.242 - Possession of walking catfish and piranha restricted.

(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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.247 - Protection of juvenile salmonids from cormorants.

(1) The State Fish and Wildlife Commission shall issue not more than three permits annually for activities involving the protection of juvenile salmonids from cormorants (Phalacrocoracidae) on Oregon coastal river systems between Cape Falcon and Cascade Head.
(2) Activities authorized under the permits shall not include the killing, trapping or other taking of cormorants.
(3) Persons to whom permits are issued may subcontract with others for the performance of protection activities. [1996 c.7 §3 (enacted in lieu of 498.246)]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.248

[1973 c.723 §98; 1987 c.488 §1; 1995 c.426 §5; renumbered 498.311 in 1995]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.257 - Prohibition on possession, sale, trade or distribution of shark fins; exceptions.

(1) As used in this section:
(a) "Shark fin" means the raw or dried fin or tail of a shark.
(b) "Spiny dogfish" means a shark belonging to the family Squalidae in the order Squaliformes that has two spines, one anterior to each dorsal fin, and that does not have an anal fin.
(2) A person may not possess, sell or offer for sale, trade or distribute a shark fin in this state.
(3) This section does not apply to:
(a) A person who possesses, sells or offers for sale, trades or distributes a shark fin from a spiny dogfish that was legally taken or landed under rules adopted by the State Department of Fish and Wildlife and in accordance with federal regulations; and
(b) A person who holds a license or permit issued by the State Department of Fish and Wildlife under the wildlife laws to take a shark and who possesses, sells or offers for sale, trades or distributes a shark fin consistent with the terms of that license or permit. [2011 c.371 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.262

[1973 c.723 §100; 1987 c.488 §3; 1995 c.426 §8; renumbered 498.316 in 1995]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.274

[1973 c.723 §102; 1987 c.488 §4; 1995 c.426 §9; renumbered 498.346 in 1995]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.279 - Black bass and walleye angling contests; rules.

(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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.286 - Prize limitation.

(1) Except as provided in subsection (2) of this section and ORS 498.279, no person shall conduct, sponsor or participate in any competition or contest in which any prize of a retail value of more than $1,000 is offered for the amount, quality, size, weight or other physical characteristic of game fish taken.
(2) When a prize is offered that exceeds $1,000 for the amount, quality, size, weight or other physical characteristic of a game fish taken, the State Fish and Wildlife Commission, by rule, may limit the number of contests and participants, determine the location of contests and prescribe other terms and conditions regarding the conduct of contests. [1989 c.373 §4; 1997 c.12 §1; 2001 c.186 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.301 - Policy.

It is the policy of the State of Oregon to prevent appreciable damage to game fish populations or populations of nongame fish that are classified as sensitive species, threatened species or endangered species by the State Fish and Wildlife Commission as the result of the diversion of water for nonhydroelectric purposes from any body of water in this state. [1993 c.478 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.316 - Exemption from screening or by-pass devices.

ORS 498.306 does not require the installation of screening or by-pass devices in those water diversions for which the State Fish and Wildlife Commission, by contract or other form of agreement with the person diverting the water, has made such other provision as the commission determines is adequate for the protection of the game fish in the body of water from which water is being diverted. [Formerly 498.262; 2007 c.625 §6]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.321 - Screening or by-pass standards.

(1) In order to carry out the provisions of ORS 498.301 and 498.306, the following minimum standards and criteria apply to actions of the State Fish and Wildlife Commission and the State Department of Fish and Wildlife with regard to fish screening or by-pass devices:
(a) Standards and criteria shall address the overall level of protection necessary at a given water diversion and may not favor one technology or technique over another.
(b) Standards and criteria shall take into account at least the following factors relating to the fish populations present at a water diversion:
(A) The source of the population, whether native or introduced and whether hatchery or wild.
(B) The status of the population, whether endangered, threatened or sensitive.
(c) Standards and criteria may take into account the cumulative effects of other water diversions on the fish populations being protected.
(d) Design and engineering recommendations shall consider cost-effectiveness.
(e) Alternative design and installation proposals must be approved if they can be demonstrated to provide an equal level of protection to fish populations as those recommended by the department.
(2) In order to maximize effectiveness and promote consistency relating to the protection of fish at nonhydroelectric water diversions, the department shall establish a single organizational entity to administer all agency activities related to fish screening and by-pass devices.
(3) The department shall emphasize cooperative effort and mutual understanding with those responsible for water diversions that need fish screening or by-pass devices.
(4) The department shall aggressively investigate and encourage the development of new technologies and techniques to provide protection for fish populations at water diversions in order to reduce initial costs, reduce operating costs and improve cost-effectiveness. [1993 c.478 §3; 2005 c.22 §371]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.326 - Department guidelines for screening and by-pass projects; expenditure of funds.

(1) The State Department of Fish and Wildlife shall establish guidelines to determine the need for and location of potential fish screening and by-pass projects. The guidelines shall include a plan to be used for determining priorities for and expected costs of installing and maintaining the fish screening and by-pass devices.
(2) Nothing in subsection (1) of this section is intended to prevent the State Department of Fish and Wildlife from expending federal or other funds if such funds become available for the installation and maintenance of fish screening and by-pass projects. [Formerly 498.256]
Note:
498.326 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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.336 - Statutes not construed to limit ability to acquire funding for screening or by-pass devices.

Nothing in ORS 498.306 or 509.585 shall be construed:
(1) To limit the eligibility of a person required to install and operate screening or by-pass devices to obtain funding from the Water Development Fund pursuant to ORS 541.700 to 541.855.
(2) To limit the acquisition or acceptance of any federal funds available for the installation, operation, maintenance, improvement or repair of screening or by-pass devices on water diversions in this state. [Formerly 498.276; 2001 c.923 §6; 2007 c.625 §9]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.341 - Additional funding.

Notwithstanding the limitations imposed by ORS 498.306, 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.346 - Injunction to require compliance with screening or by-pass requirements.

The State Fish and Wildlife Commission may maintain a suit to enjoin any person, including governmental agencies of this state and political subdivisions of this state, from violating the provisions of ORS 498.306. The circuit court for any county in which are situated any waters in which any such violations are threatened has jurisdiction of the suit authorized by this section. [Formerly 498.274; 2001 c.923 §7; 2007 c.625 §8]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.400 - Definitions for ORS 498.400 to 498.464.

As used in ORS 498.400 to 498.464, unless the context requires otherwise:
(1) "Advertise" means to make public distribution by any means of communication any material relating to the sale of membership in an outdoor club.
(2) "Outdoor club" means a business entity organized for profit that:
(a) Conducts, or under whose authority is conducted, hunting or angling or both hunting and angling activities exclusively for its members and their guests; and
(b) Engages in promotional plan activities for the sale of membership in such club.
(3) "Promotional plan" includes, but is not limited to advertising. [1973 c.749 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.406 - License to operate certain outdoor clubs required; promotional activities for sale of membership without license prohibited.

(1) Except as provided in ORS 498.412, no person shall operate an outdoor club unless the person has a valid license for such operation issued by the State Fish and Wildlife Commission, if the outdoor club activities are to be conducted on land that is leased from the owners thereof and if:
(a) The members of the club are not parties to the lease; and
(b) The members of the club do not have any financial or proprietary interest in the club.
(2) No person required by subsection (1) of this section to obtain a license to operate an outdoor club shall engage in promotional plan activities for the sale of membership in the outdoor club unless the person first obtains the license. [1973 c.749 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.412 - Application of ORS 498.406.

ORS 498.406 does not apply to any landowner offering to sell recreational access to property the landowner owns. [1973 c.749 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.418 - License application; form; fee.

(1) A person who is required to obtain a license from the State Fish and Wildlife Commission to operate an outdoor club shall submit to the commission an application for such license, on a form approved by the commission, that contains such information as the commission may require regarding the ownership, financial condition and operation of the club and promotional plans for sale of membership therein.
(2) The application shall be accompanied by the applicable fee under the fee schedule in ORS 497.061. [1973 c.749 §5; 2015 c.779 §31]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.424 - Report to commission required; suspension of license pending investigation of reported information.

(1) A person who is licensed to operate an outdoor club shall report immediately to the State Fish and Wildlife Commission any material changes in the information required to be contained in the application.
(2) Upon receipt of any such report, the commission may suspend a license that has been issued for such time as the commission considers necessary to adequately investigate and approve the information submitted. [1973 c.749 §6]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.432 - Notice to applicant upon receipt of license application; order granting or denying license; procedure.

(1) Upon receipt in proper form of an application for a license to operate an outdoor club, the State Fish and Wildlife Commission shall issue a notice of filing to the applicant. Within 30 days from the date of the notice of filing, the commission shall enter an order granting or denying the license. If the license is denied, the commission shall give the applicant notice of the reasons therefor.
(2) If an order denying a license is not entered within 60 days from the date of notice of filing of an application, a license shall be considered granted unless the applicant has consented in writing to a delay.
(3) Orders of the commission regarding the issuance, renewal, suspension or revocation of a license shall be issued and reviewed in accordance with ORS chapter 183. [1973 c.749 §7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.438 - Investigatory power of commission over outdoor clubs required to be licensed.

The State Fish and Wildlife Commission may cause to be investigated, to such extent as the commission considers appropriate, the activities and operations of an outdoor club for which a license to operate has been received, previously granted or previously denied. The commission’s power to investigate includes, but is not limited to:
(1) Contracting for investigative services with, and receiving information and recommendations from, any other agency or political subdivision of this state, another state or of the United States.
(2) Making on-site inspections of all lands upon which outdoor club activities are to be conducted. [1973 c.749 §8]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.444 - Information developed in licensing process as public record.

Each application to the State Fish and Wildlife Commission for a license to operate an outdoor club, all information submitted with the application, and all information obtained by the commission through investigation of applications, is a public record. [1973 c.749 §9]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.452 - Grounds for denial or revocation of license.

The State Fish and Wildlife Commission may refuse to issue or renew a license to operate an outdoor club, or may revoke a license that has been previously issued if the commission finds:
(1) Failure by the outdoor club or person advertising the sale of membership in the outdoor club to comply with the provisions of ORS 498.400 to 498.464 and 498.993 or any rule promulgated pursuant thereto;
(2) That the promotional plan for the sale of outdoor club membership is false, deceptive or misleading, or that the promotional plan for the sale of membership is not in conformity with the plan submitted with the license application and approved by the commission;
(3) That any land upon which it has been represented that outdoor club activities are to be conducted is unsuitable for the purposes for which represented;
(4) That any obligation, guaranty or warranty to members of the club by the outdoor club that was included in the promotional plan for the sale of membership or in the contract or other documents relating to membership is not being fulfilled or that adequate financial arrangements to secure performance of such obligations, guaranties or warranties has not been made; or
(5) That the proposed outdoor club activities would have adverse effect upon existing wildlife populations or habitat or upon wildlife-oriented recreation. [1973 c.749 §10]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.458 - Term of license; renewal fee.

A license to operate an outdoor club expires one year from the date of its issuance. A person who desire to renew a license shall submit an application therefor to the State Fish and Wildlife Commission, together with a fee of $100. The application shall be in such form, contain such information and be submitted at such time as the commission prescribes. [1973 c.749 §11]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.464 - Commission authority to restrain violations of outdoor club laws.

(1) Whenever the State Fish and Wildlife Commission has cause to believe that any person is engaged in or is about to engage in any acts or practices that constitute a violation of ORS 498.400 to 498.464 and 498.993, or any rule promulgated pursuant thereto, that requires immediate action to protect the wildlife resources of this state, the commission shall institute actions or proceedings for legal or equitable remedies to restrain the violation or threatened action.
(2) The actions or proceedings authorized by subsection (1) of this section may be instituted without necessity of a prior administrative proceeding, or at any time during an administrative proceeding if a proceeding has been commenced. [1973 c.749 §12; 1979 c.284 §160]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.502 - Actions that affect core area habitat; reports; orders; rules.

(1) Subject to and consistent with the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et seq.) and notwithstanding any provision of ORS 496.171 to 496.182:
(a) If a person applies for a permit, license, authorization or other form of permission required by law from a state agency for a proposed action that may affect core area habitat of sage grouse, the person may file with the State Department of Fish and Wildlife, at any time before or after the commencement of the relevant permitting, licensing, authorization or other form of permission process, a report that uses the best scientific and commercial data available to provide a description of the proposed action and its possible effects on the habitat.
(b) The report described in this section must describe the core area habitat of sage grouse affected by the proposed action, specify whether the habitat is essential and irreplaceable and provide proposals for off-site mitigation or a mitigation bank.
(c)(A) Within 60 days after the filing of the report described in this section, the department shall evaluate whether the proposals specified in the report result in a net loss of either the quality or quantity of sage grouse habitat and provide a net benefit to the quality or quantity of sage grouse habitat.
(B)(i) If the department concludes that the proposals specified in the report do not result in a net loss of either the quality or quantity of sage grouse habitat and do provide a net benefit to the quality or quantity of sage grouse habitat, the department shall issue an order finding that the core area habitat of sage grouse affected by the proposed action is not irreplaceable. The department may not thereafter reverse or modify the order except pursuant to a judgment of a court.
(ii) If the department concludes that the proposals specified in the report result in a net loss of either the quality or quantity of sage grouse habitat and do not provide a net benefit to the quality or quantity of sage grouse habitat, a person affected by the action may request a contested case hearing before the State Fish and Wildlife Commission, to be conducted as provided in ORS chapter 183.
(2) The provisions of this section apply to a site certificate for an energy facility described in ORS 469.300 (11)(a)(F), but do not apply to a site certificate for any other facility under the provisions of ORS 469.300 to 469.563.
(3) The commission may adopt rules to carry out the provisions of this section. [2013 c.710 §2]
Note:
See note under 498.500.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.504 - Sage Grouse Mitigation Program In-Lieu Fee Fund.

(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. 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 to 293.857. Earnings from the investment of fund moneys shall be credited to the fund. [2021 c.48 §1]
Note:
498.504 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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.827 - Duties of Oregon Hatchery Research Center Board.

The Oregon Hatchery Research Center Board shall report to the Director of the Oregon Hatchery Research Center and shall:
(1) Establish strategic directions and operational objectives for the Oregon Hatchery Research Center located on Fall Creek, near Alsea, consistent with ORS 496.275.
(2) Develop, after consultation with the Director of the Oregon Hatchery Research Center, Oregon State University and the State Department of Fish and Wildlife, the proposed operating budget for the center.
(3) Recommend research projects for the Oregon Hatchery Research Center and issue requests for research proposals as needed to carry out the activities of the Oregon Hatchery Research Center specified in ORS 498.831.
(4) Review and prioritize all research proposals submitted to the Oregon Hatchery Research Center before research takes place and prioritize the research according to whether the research is consistent with the strategic directions and operational objectives specified in subsection (1) of this section and with the activities of the Oregon Hatchery Research Center specified in ORS 498.831.
(5) Make recommendations, as needed, regarding how the research projects at the Oregon Hatchery Research Center may be enhanced to meet the strategic directions and operational objectives specified in subsection (1) of this section and the activities specified in ORS 498.831.
(6) On or before February 1 of each calendar year, report to the Legislative Assembly in the manner required by ORS 192.245, and to the State Fish and Wildlife Director and the State Fish and Wildlife Commission, regarding the findings of research projects carried out by the Oregon Hatchery Research Center and any recommendations regarding current hatchery management practices based on the research projects. The Director of the Oregon Hatchery Research Center shall post the report on the center’s website for public access. [2013 c.664 §3]
Note:
See note under 498.825.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures › Section 498.829 - Officers; quorum; meetings.

(1) The Oregon Hatchery Research Center Board shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the board determines.
(2) A majority of the voting members of the board constitutes a quorum for the transaction of business.
(3) The board shall meet at least once every three months at a place, day and hour determined by the board. The board may also meet at other times and places specified by the call of the chairperson or of a majority of the members of the board. [2013 c.664 §4]
Note:
See note under 498.825.