208 sections in this chapter.
ORS 496.002 Short title. ORS chapters 496, 497, 498 and 501 may be cited as the wildlife laws. [1973 c.723 §2]
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[Repealed or reserved.]
ORS 496.004 Definitions. As used in the wildlife laws, unless the context requires otherwise
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(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) “Depa…
ORS 496.005 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.006 [Formerly 497.505; 1961 c.343 §1; 1967 c.594 §1; 1971 c.658 §1; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.007 “Game bird” defined. As used in the wildlife laws, unless the context requires otherwise, “game bird” means
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(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, ptar…
ORS 496.008 [1957 c.268 §1; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.009 “Game fish” defined. As used in the wildlife laws, unless the context requires otherwise, “game fish” means
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(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 f…
ORS 496.010 [Amended by 1953 c.379 §2; 1957 c.250 §1; 1959 c.364 §1; 1963 c.30 §1; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 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
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(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 …
ORS 496.015 [Amended by 1959 c.578 §1; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 496.018 Person with disability under wildlife laws. (1) 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
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(a) Written certification from a licensed physician, licensed nurse practitioner or licensed physician associate 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…
ORS 496.020 [Amended by 1957 c.55 §1; 1957 c.471 §1; 1967 c.431 §1; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.025 [Amended by 1965 c.149 §1; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.030 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.032 [1971 c.658 §31; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.035 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.040 [1953 c.184 §1; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.045 [1953 c.184 §2; repealed by 1973 c.723 §130]
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STATE DEPARTMENT OF FISH AND WILDLIFE; COMMISSION; DIRECTOR; DUTIES AND POWERS GENERALLY
ORS 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]
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[Repealed or reserved.]
ORS 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
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(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…
ORS 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
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(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 Govern…
ORS 496.100 [1973 c.723 §8; 1973 c.792 §20a; repealed by 1975 c.253 §40]
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[Repealed or reserved.]
ORS 496.105 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 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
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(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 q…
ORS 496.110 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 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
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(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 t…
ORS 496.115 [Repealed by 1975 c.253 §40]
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[Repealed or reserved.]
ORS 496.116 Delegation of rulemaking authority to director; requirements. (1) In exercising any authority to adopt administrative rules delegated by the State Fish and Wildlife Commission under ORS 496.112, the State Fish and Wildlife Director shall comply with the requirements of ORS 496.138
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(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 de…
ORS 496.118 Duties and powers of director. (1) Subject to policy direction by the State Fish and Wildlife Commission, the State Fish and Wildlife Director shall
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(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 wildl…
ORS 496.120 [Amended by 1967 c.290 §3; 1969 c.314 §59; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.121 Authority of department to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the State Department of Fish and Wildlife may require the fingerprints of a person who
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(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 a…
ORS 496.122 [1973 c.723 §10; repealed by 1975 c.253 §40]
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[Repealed or reserved.]
ORS 496.124 Fish Division; Wildlife Division; authority. In addition to such divisions as may be established by the State Fish and Wildlife Director pursuant to ORS 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]
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[Repealed or reserved.]
ORS 496.125 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.128 Reports by commission. (1) The State Fish and Wildlife Commission shall report biennially to the Governor and to the Legislative Assembly on the activities of the commission during the preceding biennium. The commission shall make such additional reports as the Governor or the Legislative Assembly may direct
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(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…
ORS 496.130 [Amended by 1959 c.371 §1; 1963 c.154 §1; 1965 c.74 §1; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.132 [1985 c.60 §5; repealed by 1993 c.659 §9]
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[Repealed or reserved.]
ORS 496.135 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.138 Commission policies and programs; rules; public hearings; agency request budgets. (1) Consistent with the policy of ORS 496.012, the State Fish and Wildlife Commission shall implement the policies and programs of this state for the management of wildlife. These policies and programs shall consider the uses of public and private lands and utilize voluntary partnerships with private and public landowners to protect and enhance wildlife habitat and effectively manage wildlife. In addition, the commission shall perform any other duty vested in it by law
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(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) Excep…
ORS 496.140 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.141 Fish screening program report. On or before February 1 of each odd-numbered year, the State Department of Fish and Wildlife shall provide to the Joint Committee on Ways and Means a complete annual report regarding activities initiated by the department in regard to the fish screening program. The report shall include a complete budget analysis of all costs, including in-kind costs associated with the program, the number of screening or by-pass devices installed and the size of the diversions on which such devices were installed. The budget analysis shall identify all costs associated with the construction and installation of screening or by-pass devices, administrative costs and research and development costs associated with the program. [1995 c.426 §14]
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[Repealed or reserved.]
ORS 496.145 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.146 In addition to any other duties or powers provided by law, the State Fish and Wildlife Commission
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(1) May accept, from whatever source, appropriations, gifts or grants of money or other property for the purposes of wildlife management, and use such money or property for wildlife management purposes. (2) May sell or exchange property owned by the state and used for wildlife ma…
ORS 496.147 Landowner preference tags. Notwithstanding any other provision of the wildlife laws, the following provisions apply with regard to the issuance and use of landowner preference tags referred to in ORS 496.146 (4)
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(1) Landowner preference tags shall be issued for the hunting of deer, elk or antelope. (2) Landowner preference tags may be used only for hunting on the landowner’s property. (3) Subject to subsection (6) of this section, landowner preference tags for the hunting of deer or elk …
ORS 496.148 Payment by credit card; fee; rules. The State Department of Fish and Wildlife may accept payments by credit card for any products or services offered by the department. The department may add a fee to the amount of any purchase made by credit card in an amount reasonably calculated to offset the impact to the department of financial institution fees related to credit card transactions. The State Fish and Wildlife Commission shall establish the fee amount by rule. [2019 c.102 §1]
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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.
ORS 496.150 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.151 Allocation of nonresident tags for outfitters and guides. Notwithstanding any other provision of the wildlife laws, the State Fish and Wildlife Commission by rule shall establish a system for allocating hunting permits that are limited by maximum number for the taking of deer and elk by nonresident hunters so that a number equal to one-half of the number of those permits issued to nonresident hunters in the previous year are made available to the holders of registrations issued pursuant to ORS chapter 704, and who are certified pursuant to ORS 704.060, for the use of the clients of those registration holders. Such a system shall include but not be limited to
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(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;…
ORS 496.154 Limitation on authority to condemn certain farm use property. (1) The State Fish and Wildlife Commission shall not commence any proceeding to exercise the power of eminent domain to acquire any real property, or interest therein, that was devoted to farm use on January 1, 1974, unless the commission first obtains approval therefor from the Joint Committee on Ways and Means, or from the Emergency Board if the Legislative Assembly is not then in session. Upon a change in the use of such land from farm use, the commission may acquire such property, and interests therein, by exercise of the power of eminent domain without first obtaining legislative approval therefor. As used in this section, “farm use” has the meaning for that term provided in ORS 215.203
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(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…
ORS 496.155 [Amended by 1967 c.454 §86; repealed by 1973 c.723 §130]
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[Repealed or reserved.]