reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 488 - (Former Provisions) › Section 488.830

[1959 c.686 §34; 1961 c.292 §2; 1963 c.355 §18; 1965 c.478 §1; 1967 c.536 §5; 1973 c.304 §13; 1975 c.584 §6; 1977 c.615 §23; 1981 c.104 §2; 1983 c.388 §8; 1987 c.644 §1; 1989 c.186 §6; renumbered 830.110 in 1989]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 488 - (Former Provisions) › Section 488.860

[1959 c.686 §35; 1965 c.589 §1; 1967 c.536 §6; 1971 c.475 §4; 1973 c.762 §4; renumbered 830.140 in 1989]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 488 - (Former Provisions) › Section 488.865

[1959 c.686 §§36, 37; 1971 c.186 §4; 1971 c.475 §7; 1983 c.763 §49; 1985 c.156 §1; renumbered 830.145 in 1989]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 488 - (Former Provisions) › Section 488.875

[1973 c.762 §3; 1975 c.584 §7; 1979 c.206 §8; 1985 c.152 §6; 1987 c.185 §1; renumbered 830.150 in 1989]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 488 - (Former Provisions) › Section 488.990

[Subsection (6) enacted as 1955 c.440 §2; subsections (1) and (2) enacted as 1957 c.467 §18; 1959 c.148 §2; subsection (8) enacted as 1959 c.686 §38; 1961 c.185 §13; 1967 c.176 §3; subsection (7) enacted as 1967 c.467 §4 (2); 1967 c.620 §18; 1979 c.206 §12; 1981 c.53 §4; repealed by 1981 c.626 §18 (488.991 enacted in lieu of 488.990)]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 488 - (Former Provisions) › Section 488.991

[1981 c.626 §19 (enacted in lieu of 488.990); 1983 c.388 §12; 1987 c.448 §8; 1989 c.186 §7; renumbered 830.990 in 1989]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 492 - (Former Provisions) › Section 492.010

[Amended by 1975 c.302 §1; 1975 c.755 §1; 1983 c.66 §2; 1985 c.565 §77; 1989 c.102 §1; renumbered 836.005 in 1989]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 492 - (Former Provisions) › Section 492.170

[Amended by 1975 c.302 §3; 1983 c.66 §4; 1985 c.488 §1; 1987 c.105 §15; renumbered 836.085 in 1989]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 493 - (Former Provisions) › Section 493.050

[Amended by 1965 c.414 §1; 1977 c.398 §2; 1983 c.448 §1; 1987 c.105 §27; 1989 c.102 §2; renumbered 837.025 in 1989]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 493 - (Former Provisions) › Section 493.070

[Amended by 1975 c.59 §2; 1981 c.197 §1; 1983 c.66 §9; 1987 c.105 §28; renumbered 837.035 in 1989]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 493 - (Former Provisions) › Section 493.080

[Amended by 1975 c.302 §10; 1985 c.614 §5; 1987 c.105 §29; 1987 c.601 §7; renumbered 837.040 in 1989]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 493 - (Former Provisions) › Section 493.090

[Amended by 1965 c.414 §2; 1973 c.312 §2; 1973 c.567 §1; 1977 c.349 §1; 1979 c.381 §1; 1983 c.448 §2; 1985 c.346 §1; 1985 c.614 §2; 1987 c.134 §3; renumbered 837.045 in 1989]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 493 - (Former Provisions) › Section 493.100

[Amended by 1975 c.302 §11; 1979 c.381 §2; 1983 c.448 §3; 1985 c.109 §1; renumbered 837.055 in 1989]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 493 - (Former Provisions) › Section 493.140

[Amended by 1975 c.302 §12; 1979 c.381 §6; 1979 c.692 §15; 1987 c.105 §32; 1987 c.134 §5; renumbered 837.075 in 1989]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.004 - Definitions.

As used in the wildlife laws, unless the context requires otherwise:
(1) "Angle" means to take or attempt to take a fish for personal use by means involving hook and line.
(2) "Commission" means the State Fish and Wildlife Commission created by ORS 496.090.
(3) "Compatible" means capable of existing in harmony so as to minimize conflict.
(4) "Department" means the State Department of Fish and Wildlife created by ORS 496.080.
(5) "Director" means the State Fish and Wildlife Director appointed pursuant to ORS 496.112.
(6) "Endangered species" means:
(a) Any native wildlife species determined by the commission to be in danger of extinction throughout any significant portion of its range within this state.
(b) Any native wildlife species listed as an endangered species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended.
(7) "Fund" means the State Wildlife Fund created by ORS 496.300.
(8) "Fur-bearing mammal" means beaver, bobcat, fisher, marten, mink, muskrat, otter, raccoon, red fox and gray fox.
(9) "Game mammal" means antelope, black bear, cougar, deer, elk, moose, mountain goat, mountain sheep, silver gray squirrel and gray wolf as a special status mammal defined by commission rule.
(10) "Hunt" means to take or attempt to take any wildlife by means involving the use of a weapon or with the assistance of any mammal or bird.
(11) "Manage" means to protect, preserve, propagate, promote, utilize and control wildlife.
(12) "Optimum level" means wildlife population levels that provide self-sustaining species as well as taking, nonconsumptive and recreational opportunities.
(13) "Person with a disability" means a person who complies with the requirement of ORS 496.018.
(14) "Shellfish" has the meaning given that term in ORS 506.011.
(15) "Species" means any species or subspecies of wildlife.
(16) "Take" means to kill or obtain possession or control of any wildlife.
(17) "Threatened species" means:
(a) Any native wildlife species the commission determines is likely to become an endangered species within the foreseeable future throughout any significant portion of its range within this state.
(b) Any native wildlife species listed as a threatened species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended.
(18) "Trap" means to take or attempt to take any wildlife by means involving the use of a trap, net, snare or other device used for the purpose of capture.
(19) "Wildlife" means fish, shellfish, amphibians and reptiles, feral swine as defined by State Department of Agriculture rule, wild birds as defined by commission rule and other wild mammals as defined by commission rule. [1973 c.723 §3; 1975 c.253 §5; 1977 c.136 §1; 1979 c.399 §1; 1979 c.615 §1a; 1985 c.60 §7; 1987 c.686 §1; 1991 c.67 §148; 1993 c.659 §1; 1999 c.25 §3; 2001 c.125 §1; 2003 c.656 §1; 2007 c.523 §1; 2009 c.778 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.007 - "Game bird" defined.

As used in the wildlife laws, unless the context requires otherwise, "game bird" means:
(1) Those members of the family Anatidae, commonly known as swans, geese, brant and river and sea ducks.
(2) Those members of the family Columbidae, commonly known as mourning doves and bandtailed pigeons.
(3) Those members of the family Tetranidae, commonly known as grouse, ptarmigan and prairie chickens.
(4) Those members of the family Phasianidae, commonly known as pheasants, quail and partridge.
(5) Those members of the family Meleagrididae, commonly known as wild turkey.
(6) Those members of the family Scolopacidae, commonly known as snipe and woodcock.
(7) Those members of the family Gruidae, commonly known as cranes.
(8) Those members of the family Rallidae, commonly known as rails, gallinules and coots. [1973 c.723 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.009 - "Game fish" defined.

As used in the wildlife laws, unless the context requires otherwise, "game fish" means:
(1) Those members of the family Salmonidae, commonly known as trout, steelhead, char, grayling, Atlantic salmon and whitefish.
(2) Those members of the family Salmonidae, commonly known as salmon, when under 15 inches in length or when taken by angling.
(3) Those members of the family Ictaluridae, commonly known as freshwater catfish.
(4) Those members of the family Centrarchidae, commonly known as freshwater bass, sunfish and crappie.
(5) Those members of the family Acipenseridae, commonly known as green sturgeon and white sturgeon, when taken by angling.
(6) Perca flavescens, commonly known as yellow perch.
(7) Stizostedion vitreum, commonly known as walleye.
(8) Catostomus luxatus, commonly known as mullet.
(9) Morone saxatilis, commonly known as striped bass.
(10) Alosa sapidissima, commonly known as American shad, when taken by angling. [1973 c.723 §§5,131; 1999 c.1026 §18]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.012 - Wildlife policy.

It is the policy of the State of Oregon that wildlife shall be managed to prevent serious depletion of any indigenous species and to provide the optimum recreational and aesthetic benefits for present and future generations of the citizens of this state. In furtherance of this policy, the State Fish and Wildlife Commission shall represent the public interest of the State of Oregon and implement the following coequal goals of wildlife management:
(1) To maintain all species of wildlife at optimum levels.
(2) To develop and manage the lands and waters of this state in a manner that will enhance the production and public enjoyment of wildlife.
(3) To permit an orderly and equitable utilization of available wildlife.
(4) To develop and maintain public access to the lands and waters of the state and the wildlife resources thereon.
(5) To regulate wildlife populations and the public enjoyment of wildlife in a manner that is compatible with primary uses of the lands and waters of the state.
(6) To provide optimum recreational benefits.
(7) To make decisions that affect wildlife resources of the state for the benefit of the wildlife resources and to make decisions that allow for the best social, economic and recreational utilization of wildlife resources by all user groups. [1973 c.723 §6; 1993 c.659 §2; 2001 c.762 §6]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.016 - Applicability of wildlife laws to commercial fishing laws.

Nothing in the wildlife laws is intended to affect any of the provisions of the commercial fishing laws. However, nothing in the commercial fishing laws is intended to authorize the taking of game fish in any manner prohibited by the wildlife laws. [1973 c.723 §7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.018 - Person with disability under wildlife laws.

In order to be considered a person with a disability under the wildlife laws, a person shall provide to the State Fish and Wildlife Commission either:
(1) Written certification from a licensed physician, licensed nurse practitioner or licensed physician assistant that states that the person:
(a) Is permanently unable to walk without the use of, or assistance from, a brace, cane, crutch, prosthetic device, wheelchair, scooter or walker;
(b) Is restricted by lung disease to the extent that the person’s forced expiratory volume for one second, when measured by a spirometer, is less than 35 percent predicted, or arterial oxygen tension is less than 55 mm/Hg on room air at rest;
(c) Has a cardiac condition to the extent that the person’s functional limitations are classified in severity as Class III or Class IV, according to standards established by the American Heart Association;
(d) Has a permanent, physical impairment that prevents the person from holding or shooting a firearm or bow or from holding a fishing rod in hand; or
(e) Has central visual acuity that permanently does not exceed 20/200 in the better eye with corrective lenses, or the widest diameter of the visual field is no greater than 20 degrees; or
(2) Written proof that the last official certification of record by the United States Department of Veterans Affairs or any branch of the Armed Forces of the United States shows the person to be at least 65 percent disabled. [1999 c.25 §2; 2001 c.571 §1; 2005 c.471 §12; 2007 c.587 §1; 2019 c.358 §17]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.080 - State Department of Fish and Wildlife.

There is hereby established in the executive branch of the government of this state under the State Fish and Wildlife Commission a department to be known as the State Department of Fish and Wildlife. The department shall consist of the director of the department and all personnel employed in the department. [1975 c.253 §7; 1993 c.659 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.085 - Fish Screening Task Force; qualifications of members; duties.

(1) There is established within the State Department of Fish and Wildlife the Fish Screening Task Force consisting of seven members appointed by the State Fish and Wildlife Commission.
(2) Three members shall be appointed to represent agricultural interests, three shall be appointed to represent fishing or fish conservation interests and one member shall be appointed to represent the public. Members of the task force shall serve for two-year terms. No member of the task force shall serve for more than three consecutive two-year terms.
(3) A member of the task force 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 therefor in the State Wildlife Fund.
(4) The task force shall meet at such times and places as may be determined by the chair or by a majority of the members of the task force.
(5) The duties of the task force are:
(a) To advise the department in the development of a comprehensive cost-sharing program for the installation of fish screening or by-pass devices in water diversions.
(b) To advise the department in establishing a stable and equitable funding system for the installation and maintenance of fish screening and by-pass devices.
(c) To advise the department in identifying sources and applying for grants from local, state and federal governmental agencies for funding the installation and maintenance of fish screening and by-pass devices.
(d) To advise the department in monitoring fish screening programs.
(e) To advise the department in a survey and study of fish screening technology to determine the most cost-effective alternatives for screening in the various situations that may be encountered in the implementation of fish screening in this state.
(f) To advise the department in preparing a report on the capital costs and effectiveness of the program provided in ORS 498.306.
(g) To advise the department on the creation of the priority criteria and the priority listing referred to in ORS 498.306 (14)(a) or (d). [1991 c.858 §6; 1995 c.426 §3; 2005 c.22 §368; 2007 c.625 §5a]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.090 - State Fish and Wildlife Commission; members; terms; qualifications; compensation and expenses.

(1) There is established a State Fish and Wildlife Commission that shall consist of seven members appointed by the Governor.
(2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.
(3) All appointments of members of the commission by the Governor are subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.
(4) The Governor shall appoint:
(a) Two members of the commission from the regional river basin management area set forth in ORS 536.022 (3)(a);
(b) One member of the commission from the regional river basin management area set forth in ORS 536.022 (3)(b);
(c) Two members of the commission from the regional river basin management area set forth in ORS 536.022 (3)(c);
(d) One member of the commission from the regional river basin management area set forth in ORS 536.022 (3)(d); and
(e) One member of the commission from the regional river basin management area set forth in ORS 536.022 (3)(e).
(5) Members appointed to the commission shall be residents of this state, as defined in ORS 497.002.
(6) All members of the commission shall represent the public interest of the state and make decisions affecting the wildlife resources of the state for the benefit of those resources. Consistent with the requirements of this subsection, the commission shall provide for the productive and sustainable utilization of wildlife resources for all groups of users.
(7) All members of the commission shall have a general knowledge of fish and wildlife issues, an understanding of the roles of federally recognized Indian tribes in Oregon and of the relationships federally recognized Indian tribes in Oregon have with lands, water and the natural resources that the commission governs, and an understanding of the operation and functions of public policy boards and commissions. In making appointments to the commission, the Governor shall:
(a) Consider appointing members who possess knowledge or experience relevant to implementing the wildlife policy set forth in ORS 496.012.
(b) Take into consideration racial, ethnic, gender and geographic diversity.
(8) Failure of a member to maintain compliance with the eligibility requirements of subsections (4) and (5) of this section shall vacate membership. Members of the commission may otherwise be removed only by the Governor.
(9) A member of the commission is entitled to compensation and expenses as provided in ORS 292.495. [1975 c.253 §8; 1981 c.545 §11; 1997 c.249 §177; 1999 c.697 §1; 2001 c.762 §1; 2013 c.1 §75; 2023 c.429 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.108 - Commission officers; quorum; meetings.

(1)(a) The Governor shall designate one member of the State Fish and Wildlife Commission as chairperson. The member shall serve as chairperson until the member’s term expires or until relieved by the Governor. The chairperson shall have the powers and duties as are provided by the rules of the commission.
(b) The commission shall select one of its members as vice chairperson, for a term and with the duties and powers necessary for the performance of the functions of the office as the commission determines appropriate.
(2) A majority of the members of the commission constitutes a quorum for the transaction of business.
(3) The commission shall meet at least once every two months at a time and place determined by the commission. The commission shall also meet at other times and places as are specified by the call of the chairperson or of a majority of the members of the commission.
(4) The commission may also meet jointly with authorities of other states or of the United States to consider problems of mutual interest.
(5) The commission shall hold at least one meeting per year in each of the congressional districts in this state. [1973 c.723 §9; 2001 c.762 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.112 - State Fish and Wildlife Director; term; compensation and expenses; delegation of commission powers to director.

(1) The State Fish and Wildlife Commission shall appoint a State Fish and Wildlife Director to serve for a term not to exceed four years unless sooner removed by the commission.
(2) The director shall receive such salary as may be fixed by the commission. In addition to salary, subject to applicable law regulating travel and other expenses of state officers, the director shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties.
(3) The commission may delegate to the director any of the powers and duties granted to or imposed upon it by law, except to revoke or refuse to issue licenses issued pursuant to the commercial fishing laws.
(4) The commission may reappoint the director to additional terms. [1975 c.253 §9; 1985 c.529 §3; 1993 c.659 §4; 1999 c.697 §2; 2001 c.762 §§3,4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.116 - Delegation of rulemaking authority to director; requirements.

(1) In exercising any authority to adopt administrative rules delegated by the State Fish and Wildlife Commission under ORS 496.112, the State Fish and Wildlife Director shall comply with the requirements of ORS 496.138.
(2) Notwithstanding ORS 183.400, for any rule adopted by the director pursuant to subsection (1) of this section, before a person may petition the Court of Appeals to determine the validity of the rule, the person shall first request that the State Fish and Wildlife Commission determine the validity of the rule. The determination of the commission may be reviewed in accordance with ORS 183.400. [1999 c.697 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.118 - Duties and powers of director.

(1) Subject to policy direction by the State Fish and Wildlife Commission, the State Fish and Wildlife Director shall:
(a) Be the administrative head of the State Department of Fish and Wildlife;
(b) Have power, within applicable budgetary limitations, and in accordance with ORS chapter 240, to hire, assign, reassign and coordinate personnel of the department;
(c) Administer and enforce the wildlife laws of the state;
(d) Be authorized to participate in any proceeding before any public officer, commission or body of the United States or any state for the purpose of representing the citizens of Oregon concerning the wildlife resources of this state;
(e) Establish such sections and divisions as are necessary to properly carry out the work of the commission;
(f) Be responsible for the collection, application and dissemination of information pertinent to the management of the wildlife resources, and to the regulation of the uses of such resources; and
(g) Coordinate any activities of the department related to a watershed enhancement project approved by the Oregon Watershed Enhancement Board under ORS 541.932 with activities of other cooperating state and federal agencies participating in the project.
(2) In addition to duties otherwise required by law, the director shall prescribe internal policies and procedures for the government of the department, the conduct of its employees, the assignment and performance of its business and the custody, use and preservation of its records, papers and property in a manner consistent with applicable law.
(3) In addition to any other duties assigned to the director, the director shall report quarterly on the activities of the department to the appropriate legislative committee.
(4) The director may delegate to any employee of the department the exercise or discharge in the director’s name of any power, duty or function of whatever character, vested in or imposed by law upon the director. The official act of a person so acting in the director’s name and by the director’s authority shall be considered to be an official act of the director.
(5) The director may restrict or otherwise limit the participation of an employee of the department in any program administered by the department to ensure that the programs of the department are administered in a fair and equitable manner and that no employee of the department gains an advantage over the public.
(6) Notwithstanding the provisions of ORS 496.112 (3), in times of emergency or with respect to regulating wildlife taking, the director may exercise the full powers of the commission until such times as the emergency ends or the commission meets in formal session. [1975 c.253 §10; 1987 c.734 §12; 1993 c.659 §5; 1999 c.697 §3; 2007 c.354 §16]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.121 - Authority of department to require fingerprints.

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the State Department of Fish and Wildlife may require the fingerprints of a person who:
(1)(a) Is employed or applying for employment by the department; or
(b) Provides services or seeks to provide services to the department as a contractor, vendor or volunteer; and
(2) Is, or will be, working or providing services in a position:
(a) In which the person has direct access to persons under 18 years of age, elderly persons or persons with disabilities;
(b) That has personnel or human resources functions as one of the position’s primary responsibilities;
(c) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;
(d) That involves the use, possession, issuance, transport, purchase, sale or forfeiture of firearms or munitions, access to firearms or munitions or the training of others in the use or handling of firearms;
(e) In which the person resides on property managed by the department;
(f) In which the person has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations;
(g) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state;
(h) That has mailroom duties as a primary duty or job function;
(i) In which the person has responsibility for auditing the department;
(j) In which the person has access to Social Security numbers, dates of birth or criminal background information of employees or members of the public; or
(k) In which the person has access to tax or financial information about individuals or business entities. [2005 c.730 §60; 2009 c.208 §1]
Note:
496.121 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 496.124 - Fish Division; Wildlife Division; authority.

In addition to such divisions as may be established by the State Fish and Wildlife Director pursuant to ORS 496.118, there are established within the State Department of Fish and Wildlife a Fish Division and a Wildlife Division. The Wildlife Division shall be responsible for the management of all wildlife, except fish and other marine life, over which the State Fish and Wildlife Commission has regulatory jurisdiction. [1975 c.253 §11]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.128 - Reports by commission.

(1) The State Fish and Wildlife Commission shall report biennially to the Governor and to the Legislative Assembly on the activities of the commission during the preceding biennium. The commission shall make such additional reports as the Governor or the Legislative Assembly may direct.
(2) The reports required by subsection (1) of this section shall be in such form and contain such information as the commission considers appropriate, and shall contain such other information as the Governor and the Legislative Assembly may require. Such reports shall include all new or amended rules, policies or procedures adopted by the commission and shall include a summary of significant consultation activity under ORS 496.164. [1973 c.723 §11; 1993 c.659 §6]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.138 - Commission policies and programs; rules; public hearings; agency request budgets.

(1) Consistent with the policy of ORS 496.012, the State Fish and Wildlife Commission shall implement the policies and programs of this state for the management of wildlife. These policies and programs shall consider the uses of public and private lands and utilize voluntary partnerships with private and public landowners to protect and enhance wildlife habitat and effectively manage wildlife. In addition, the commission shall perform any other duty vested in it by law.
(2) In accordance with the applicable provisions of ORS chapter 183, the commission shall adopt such rules and standards as it considers necessary and proper to implement the policy and objectives of ORS 496.012 and perform the functions vested by law in the commission.
(3) Except as provided in ORS 183.335 (5), the commission shall cause a public hearing to be held on any proposed rule or standard prior to its adoption. The hearing may be before the commission, any designated member thereof or any person designated by and acting for the commission.
(4) Before submitting an agency request budget or information to the Governor pursuant to ORS 291.201 to 291.222, the commission shall hold a public hearing on proposals for planned expenditures and enhancement packages that the commission intends to recommend to the Governor for inclusion in the Governor’s budget. [1973 c.723 §12; 1993 c.659 §7; 2016 c.117 §73]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.141 - Fish screening program report.

On or before February 1 of each odd-numbered year, the State Department of Fish and Wildlife shall provide to the Joint Committee on Ways and Means a complete annual report regarding activities initiated by the department in regard to the fish screening program. The report shall include a complete budget analysis of all costs, including in-kind costs associated with the program, the number of screening or by-pass devices installed and the size of the diversions on which such devices were installed. The budget analysis shall identify all costs associated with the construction and installation of screening or by-pass devices, administrative costs and research and development costs associated with the program. [1995 c.426 §14]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.148 - Payment by credit card; fee; rules.

The State Department of Fish and Wildlife may accept payments by credit card for any products or services offered by the department. The department may add a fee to the amount of any purchase made by credit card in an amount reasonably calculated to offset the impact to the department of financial institution fees related to credit card transactions. The State Fish and Wildlife Commission shall establish the fee amount by rule. [2019 c.102 §1]
Note:
496.148 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 496.151 - Allocation of nonresident tags for outfitters and guides.

Notwithstanding any other provision of the wildlife laws, the State Fish and Wildlife Commission by rule shall establish a system for allocating hunting permits that are limited by maximum number for the taking of deer and elk by nonresident hunters so that a number equal to one-half of the number of those permits issued to nonresident hunters in the previous year are made available to the holders of registrations issued pursuant to ORS chapter 704, and who are certified pursuant to ORS 704.060, for the use of the clients of those registration holders. Such a system shall include but not be limited to:
(1) Provisions to prevent misuse of the permits by the registrant or by employees of the registrant.
(2) Provisions for revocation and refusal to issue all or any portion of the permits based upon a commission finding of an emergency situation or biological needs. [1997 c.342 §2; 2003 c.644 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.154 - Limitation on authority to condemn certain farm use property.

(1) The State Fish and Wildlife Commission shall not commence any proceeding to exercise the power of eminent domain to acquire any real property, or interest therein, that was devoted to farm use on January 1, 1974, unless the commission first obtains approval therefor from the Joint Committee on Ways and Means, or from the Emergency Board if the Legislative Assembly is not then in session. Upon a change in the use of such land from farm use, the commission may acquire such property, and interests therein, by exercise of the power of eminent domain without first obtaining legislative approval therefor. As used in this section, "farm use" has the meaning for that term provided in ORS 215.203.
(2) The commission shall not commence any proceeding as provided in subsection (1) of this section unless the commission has obtained approval of its intended use of such property from the local governmental agencies having land use planning authority over such lands. [1973 c.723 §13a; 1975 c.788 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.156 - Expenditure priority for anadromous fish management.

(1) In carrying out duties, functions and powers regarding the propagation of anadromous fish prescribed in the wildlife laws and the commercial fishing laws, the State Fish and Wildlife Commission shall give high priority to expenditures for propagation assistance by means of transportation of upstream and downstream migrants in those areas where dams and other such obstacles present a passage problem to juvenile or adult salmon.
(2) For the purposes of this section, "transportation" means any method of helping anadromous fish to pass dams and other obstacles so as to reduce the mortality associated with passage.
(3) Nothing in subsection (1) of this section prevents the cooperation of the commission with the federal government in programs financed pursuant to ORS 506.405. [1977 c.653 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.158 - Oregon Landowner Damage Program; fee.

Notwithstanding any other provision of the wildlife laws, the State Department of Fish and Wildlife shall create and implement an Oregon Landowner Damage Program that:
(1) Addresses damage caused by elk on privately owned lands in Oregon.
(2) Provides damage tags only for areas where elk are currently causing damage, where there has been a history of elk damage coupled with actions to alleviate elk damage or where the department has designated the area as an elk deemphasis area.
(3) Considers elk overpopulation.
(4) Limits the use of damage tags to taking antlerless elk.
(5) Limits the use of damage tags to taking elk on property owned, leased or rented by the landowner complaining of elk damage or on property owned, leased or rented by a business entity that includes the landowner as a principal partner or shareholder.
(6) Allows exchange of unused general season elk tags or controlled hunt elk tags for damage tags.
(7) Does not impose a limit on the number of total damage tags available for each landowner, except that no more than five damage tags may be valid at any one time.
(8) Does not impose a minimum acreage requirement for landowner participation.
(9) Allows landowners to register for participation in the program at any time prior to the issuance of damage tags.
(10) Establishes a $30 fee for landowners to register for participation in the program.
(11) Establishes a $15 fee for landowners to modify the landowner’s damage tag distribution.
(12) Authorizes department biologists to sell and exchange damage tags.
(13) Authorizes department biologists to establish the period of validity for damage tags through negotiation with landowners.
(14) Requires landowners to record the number of elk taken and, within 10 days after the end of a designated hunt period, to report to the local department biologist the number of elk taken. [2013 c.363 §3; 2019 c.324 §1]
Note:
496.158 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 496.162 - Establishing seasons, amounts and manner of taking wildlife; rules.

(1) After investigation of the supply and condition of wildlife, the State Fish and Wildlife Commission, at appropriate times each year, shall by rule:
(a) Prescribe the times, places and manner in which wildlife may be taken by angling, hunting, trapping or other method and the amounts of each of those wildlife species that may be taken and possessed.
(b) Prescribe such other restrictions or procedures regarding the angling, taking, hunting, trapping or possessing of wildlife as the commission determines will carry out the provisions of wildlife laws.
(2) In carrying out the provisions of subsection (1) of this section, the power of the commission includes, but is not limited to:
(a) Prescribing the amount of each wildlife species that may be taken and possessed in terms of sex, size and other physical characteristics.
(b) Prescribing such regular and special time periods and areas closed to the angling, taking, hunting and trapping of any wildlife species when the commission determines such action is necessary to protect the supply of such wildlife.
(c) Prescribing regular and special time periods and areas open to the angling, taking, hunting and trapping of any wildlife species, and establishing procedures for regulating the number of persons eligible to participate in such angling, taking, hunting or trapping, when the commission determines such action is necessary to maintain properly the supply of wildlife, alleviate damage to other resources, or to provide a safe and orderly recreational opportunity.
(3) Notwithstanding subsections (1) and (2) of this section, except as provided in ORS 498.146 or during those times and at those places prescribed by the commission for the hunting of elk, the commission shall not prescribe limitations on the times, places or amounts for the taking of predatory animals. As used in this subsection, "predatory animal" has the meaning for that term provided in ORS 610.002.
(4) In carrying out the provisions of this section, before prescribing the numbers of deer and elk to be taken, the commission shall consider:
(a) The supply and condition of deer and elk herds;
(b) The availability of forage for deer, elk and domestic livestock on public and private range and forest lands;
(c) The recreational opportunities derived from deer and elk populations; and
(d) The effects of deer and elk herds on public and private range and forest lands. [1973 c.723 §14; 1975 c.791 §1; 1981 c.218 §1; 2003 c.656 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.164 - Cooperation with public and private agencies for fish and wildlife management; technical information and policy recommendations; use of recommendations by state agencies.

The State Fish and Wildlife Commission and the State Department of Fish and Wildlife may advise, consult and cooperate with other agencies of this state and political subdivisions, other states or the federal government and private landowners with respect to fish and wildlife management. The commission and the department shall provide such information, recommendations or advice in writing if requested by another state or federal agency to do so. Technical advice and information shall be based on the best available scientific information. Policy or implementation recommendations provided in administrative rulemaking proceedings shall be based on consideration of all the goals of wildlife management in ORS 496.012, in addition to applicable scientific information. State agencies, boards or commissions receiving policy or implementation recommendations shall consider such recommendations in the context of their respective statutory responsibilities, and shall take into account the extent to which such recommendations are substantiated with the best available scientific information and based on consideration of all of the goals of wildlife management in ORS 496.012. [1993 c.659 §11]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.167 - Department recompensable assistance to agencies; tracking and statements.

(1) Subject to rules prescribed by the State Fish and Wildlife Commission, in rendering recompensable assistance to an agency, the State Department of Fish and Wildlife shall:
(a) For fiscal years beginning on or after July 1, 2015, and before July 1, 2019, track and prepare statements reporting the number of hours spent by department personnel performing recompensable assistance for any executive department agency, including an hourly rate that would be charged, based on the class of department personnel performing the services. The department shall send statements to the agency receiving services, but may not charge for services. This paragraph does not prohibit the department from charging another state agency for services pursuant to an interagency agreement that is in effect between the department and the other agency at any time during the period beginning July 1, 2015, and ending July 1, 2021.
(b) For fiscal years beginning on or after July 1, 2019, track and prepare statements reporting the number of hours spent by department personnel performing recompensable assistance for any executive department agency, including an hourly rate that would be charged, based on the class of department personnel performing the services.
(2)(a) The charges for which statements are prepared and, after July 1, 2019, billed include, but are not limited to, costs of providing professional, investigatory, administrative and clerical services and capital outlay.
(b) An executive department agency may not submit an invoice to a private entity, a member of the public or an applicant for a state-issued permit for services performed by the department, unless the invoice is authorized by a statute, rule or interagency agreement executed:
(A) Prior to June 25, 2015; or
(B) Following consultation with persons representative of those private entities, members of the public or permit applicants that are subject to invoicing under this paragraph.
(3) As used in this section:
(a) "Agency" means any department, board, commission, agency or officer of the executive department.
(b) "Executive department" has the meaning given that term in ORS 174.112.
(c) "Recompensable assistance" means assistance rendered by the department as part of advancing fee-funded programs administered by an agency. [2015 c.566 §1]
Note:
496.167 and 496.168 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 496.168 - Estimated expenses for recompensable assistance; invoices.

The State Department of Fish and Wildlife shall estimate in advance the expenses that the department will incur during a biennium under ORS 496.167, and shall render to executive department agencies and other entities described in ORS 496.167 an invoice for their share of such expenses for periods within the biennium and in sufficient amounts to provide reasonable cash operating requirements for the department within the biennial period. Each agency or other entity described in ORS 496.167 shall pay to the credit of the department such invoice as an administrative expense from funds or appropriations available to the invoiced agency or entity in the same manner as other claims against the state are paid. If the estimated expenses for the agency or other entity described in ORS 496.167 are more or less than actual expenses for the period covered by the invoice, the difference shall be reflected in the next following estimate of expenses. [2015 c.566 §2]
Note:
See note under 496.167.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 496 - Application, Administration and Enforcement of Wildlife Laws › Section 496.169 - Citizen involvement for wildlife management on private lands.

The Legislative Assembly finds, in the interest of all Oregonians, a necessity to improve Oregon’s resource access and wildlife habitat through the further involvement of its citizens, through voluntary partnership between the State Department of Fish and Wildlife and landowners to manage wildlife on private lands and through support by additional financial revenues. [Formerly 496.166]