208 sections in this chapter.
ORS 496.156 Expenditure priority for anadromous fish management. (1) In carrying out duties, functions and powers regarding the propagation of anadromous fish prescribed in the wildlife laws and the commercial fishing laws, the State Fish and Wildlife Commission shall give high priority to expenditures for propagation assistance by means of transportation of upstream and downstream migrants in those areas where dams and other such obstacles present a passage problem to juvenile or adult salmon
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(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…
ORS 496.158 Oregon Landowner Damage Program; fee. Notwithstanding any other provision of the wildlife laws, the State Department of Fish and Wildlife shall create and implement an Oregon Landowner Damage Program that
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(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 …
ORS 496.160 [Amended by 1971 c.658 §2; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.162 Establishing seasons, amounts and manner of taking wildlife; rules. (1) After investigation of the supply and condition of wildlife, the State Fish and Wildlife Commission, at appropriate times each year, shall by rule
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(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, ta…
ORS 496.164 Cooperation with public and private agencies for fish and wildlife management; technical information and policy recommendations; use of recommendations by state agencies. The State Fish and Wildlife Commission and the State Department of Fish and Wildlife may advise, consult and cooperate with other agencies of this state and political subdivisions, other states or the federal government and private landowners with respect to fish and wildlife management. The commission and the department shall provide such information, recommendations or advice in writing if requested by another state or federal agency to do so. Technical advice and information shall be based on the best available scientific information. Policy or implementation recommendations provided in administrative rulemaking proceedings shall be based on consideration of all the goals of wildlife management in ORS 496.012, in addition to applicable scientific information. State agencies, boards or commissions receiving policy or implementation recommendations shall consider such recommendations in the context of their respective statutory responsibilities, and shall take into account the extent to which such recommendations are substantiated with the best available scientific information and based on consideration of all of the goals of wildlife management in ORS 496.012. [1993 c.659 §11]
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[Repealed or reserved.]
ORS 496.165 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.166 [1993 c.659 §13; renumbered 496.169 in 2015]
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[Repealed or reserved.]
ORS 496.167 Department recompensable assistance to agencies; tracking and statements. (1) Subject to rules prescribed by the State Fish and Wildlife Commission, in rendering recompensable assistance to an agency, the State Department of Fish and Wildlife shall
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(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 …
ORS 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]
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Note: See note under 496.167.
ORS 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]
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[Repealed or reserved.]
ORS 496.170 [Amended by 1971 c.658 §3; repealed by 1973 c.723 §130]
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THREATENED OR ENDANGERED WILDLIFE SPECIES
ORS 496.171 Definitions for ORS 496.171 to 496.182; applicability date. Notwithstanding ORS 496.004, with respect to state agency actions taken under ORS 496.171 to 496.182 after July 17, 1995, as used in ORS 496.171 to 496.182
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(1) “Conservation” means the use of methods and procedures necessary to bring a species to the point at which the measures provided under ORS 496.171 to 496.182 are no longer necessary. Such methods and procedures include, but are not limited to, activities associated with scient…
ORS 496.172 Commission management authority for threatened or endangered species; rules. In carrying out the provisions of the wildlife laws with regard to the management of wildlife that is a threatened species or an endangered species, the State Fish and Wildlife Commission
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(1) Shall conduct investigations of wildlife species native to this state and shall determine whether any such species is a threatened species or an endangered species. (2) By rule, shall establish and publish, and from time to time may revise, a list of wildlife species that are…
ORS 496.175 [Amended by 1971 c.658 §4; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.176 Listing species; procedure; matters to be considered; periodic review. (1) The lists of threatened species or endangered species established pursuant to ORS 496.172 (2) shall include
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(a) Those species of wildlife listed as of May 15, 1987, as a threatened species or an endangered species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended; and (b) Those species determined as of May 15, 1987, by the State Fish and W…
ORS 496.180 [Amended by 1971 c.658 §5; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.182 Protection and conservation programs; mitigation of adverse impact on local economies; compliance by state agencies; rules. (1) The burden of protecting and recovering threatened species or endangered species can be a significant cost to the citizens of this state and it is therefore the policy of this state to minimize duplication and overlap between state and federal laws dealing with threatened species or endangered species. To this end, nothing in this section is intended to prevent the adoption of cooperative state or federal programs when such programs provide protection for listed species without significant impact on the primary uses of state lands
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(2)(a) At the time the State Fish and Wildlife Commission adds a species to the list of threatened species or endangered species under ORS 496.172, the commission shall establish by rule quantifiable and measurable guidelines that it considers necessary to ensure the survival of …
ORS 496.185 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.190 [Amended by 1963 c.154 §2; 1965 c.74 §2; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.192 Effect of law on commercial forestland or other private land; effect on other laws. (1) Nothing in ORS 496.004, 496.171 to 496.182 or 498.026 is intended, by itself, to require an owner of any commercial forestland or other private land to take action to protect a threatened species or endangered species, or to impose additional requirements or restrictions on the use of private land
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(2) Notwithstanding subsection (1) of this section, other statutes may authorize administrative rules or programs to protect wildlife species, including threatened species or endangered species, and nothing in ORS 496.004, 496.171 to 496.182 or 498.026 shall diminish the force or…
ORS 496.195 [Amended by 1959 c.371 §2; 1961 c.343 §2; 1965 c.74 §3; 1967 c.594 §3; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.200 [Repealed by 1973 c.723 §130]
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SALMON FOR INDIAN CEREMONIES
ORS 496.201 Department to furnish salmon for ceremonies; amount; source. (1) The State of Oregon shall, through the State Department of Fish and Wildlife, provide surplus salmon
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(a) To the Confederated Coos, Lower Umpqua and Siuslaw Indian tribes for their historical, traditional and cultural salmon ceremonies that take place each year. (b) To the Cow Creek Band of the Umpqua Indians for their historical, traditional and cultural salmon ceremonies that t…
ORS 496.205 [Amended by 1961 c.343 §3; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.206 Written request for salmon; contents; time for providing salmon. (1) The Indian tribes referred to in ORS 496.201 (1) are required to set forth, in writing, their request for salmon. This request shall be submitted by the duly elected tribal governing body no later than 40 days prior to the ceremony and shall include
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(a) The poundage of salmon required; (b) The date of the ceremony; and (c) A contact person that the state may refer questions to. (2) Prior to any state action, the written request must be received by: (a) The State Department of Fish and Wildlife; (b) The Attorney General; and …
ORS 496.210 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.211 Limitation on amount and use. (1) The State of Oregon shall be limited to a once a year provision of salmon pursuant to ORS 496.201
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(2) If the Indian tribes referred to in ORS 496.201 (1) use salmon provided by the state for this purpose in any manner other than that described in ORS 496.201, they shall pay to the State Department of Fish and Wildlife the prevailing wholesale rate per pound of the entire amou…
ORS 496.215 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.216 Disposition of salmon remaining after ceremony. Any salmon remaining after the ceremony may be distributed to tribal members without charge for their subsistence consumption only and not for sale, barter or gift to others, or may be donated to a nonprofit institution or agency. [1981 c.575 §5]
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[Repealed or reserved.]
ORS 496.220 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.221 ORS 496.201 to 496.221 not intended to extend Indian legal or political rights. Nothing in ORS 496.201 to 496.221 is intended to extend legal or political recognition to any Indians described in ORS 496.201 (1) for any purpose other than provided in ORS 496.201 to 496.216. [1981 c.575 §6; 1987 c.99 §4]
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[Repealed or reserved.]
ORS 496.225 [Repealed by 1973 c.723 §130]
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ACCESS AND HABITAT BOARD
ORS 496.228 Access and Habitat Board; qualification of members; expenses; term; meetings. (1) There is established within the State Department of Fish and Wildlife the Access and Habitat Board, consisting of seven members appointed by the State Fish and Wildlife Commission
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(2) Three members shall be appointed to represent the broad spectrum of hunters. In making appointments pursuant to this subsection, the commission shall consider recommendations from the State Fish and Wildlife Director. (3) Three members of the board shall be appointed to repre…
ORS 496.230 [1957 c.119 §2; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.232 Board to make program recommendations; commission approval; report; fund expenditure qualifications; gifts and grants. (1) The Access and Habitat Board shall meet, adopt and recommend to the State Fish and Wildlife Commission, within 120 days after November 4, 1993, and at not more than 120-day intervals thereafter, access and habitat programs
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(2) The commission shall review such programs and may approve or disapprove the program recommendation by the board. Funds may be expended from the subaccount referred to in ORS 496.242 for projects that have been approved by the commission. (3) The State Department of Fish and W…
ORS 496.235 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.236 Advisory councils to board; duties; no compensation or expenses for members. (1) Individuals who reside in the various regions established for administration of the wildlife resources may form advisory councils, with membership in the same proportion as described for the board, to discuss and consider access and habitat programs and projects and to make recommendations thereon to the Access and Habitat Board. When the board considers proposals affecting a region, the board shall consult with the advisory council for that region if one exists
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(2) Employees of the State Department of Fish and Wildlife or other professional biologists who are residents of the various regions may act in an advisory capacity to the various councils. (3) An individual who serves as a member of an advisory council shall receive no compensat…
ORS 496.240 [Amended by 1959 c.371 §3; 1963 c.154 §3; 1965 c.74 §4; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 496.242 Access and habitat program funds. (1) Notwithstanding ORS 496.300, all moneys received by the State Fish and Wildlife Commission pursuant to ORS 497.104 shall be deposited in the Access and Habitat Board Subaccount established in the Fish and Wildlife Account. Moneys in the subaccount may be expended only for the access and habitat programs recommended by the Access and Habitat Board for the benefit of the wildlife resources of this state
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(2) The State Department of Fish and Wildlife shall credit the subaccount with a sum equal to 15 percent of the other fund budget for the green forage and Deer Enhancement and Restoration programs in each biennium. (3) The department shall not assess its personnel costs in the ad…
ORS 496.245 [Repealed by 1973 c.723 §130]
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HUNTING ON PUBLIC LANDS
ORS 496.246 Use of public lands for hunting; requirements regarding closure of access to public lands; exceptions. (1)(a) As used in this section, “public lands” means any land, or improvements thereon, owned by the State of Oregon
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(b) Public lands open to access and use for hunting shall remain open to access and use for hunting, except as limited by a state agency for reasons of public safety or wildlife management or for any other reason determined by a state agency to be in the public interest. However,…
ORS 496.250 [Repealed by 1971 c.418 §23]
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OREGON CONSERVATION AND RECREATION FUND
ORS 496.252 (1) The Oregon Conservation and Recreation Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Conservation and Recreation Fund shall be credited to the fund
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(2) Moneys in the fund are continuously appropriated to the State Department of Fish and Wildlife to carry out activities that serve to protect, maintain or enhance fish and wildlife resources in Oregon. The activities for which the department may expend fund moneys include, but …
ORS 496.254 (1) The Oregon Conservation and Recreation Advisory Committee is established as an advisory committee to the State Fish and Wildlife Commission and the State Department of Fish and Wildlife for the purpose of carrying out the duties described in subsection (2) of this section. The commission shall determine the number of members of the committee and the geographical representation by the members. The Governor shall appoint the members of the committee. The Associate Director of Outdoor Recreation, or the associate director’s designee, shall serve as a nonvoting, ex officio member
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(2) The committee shall review department policies regarding the use of Oregon Conservation and Recreation Fund moneys and make recommendations to the commission and the department regarding the use of fund moneys for implementing and administering department activities. (3) Memb…
ORS 496.257 Private Forest Accord Grant Program; rules. (1) As used in this section, “forestland” and “forest practice” have the meanings given those terms in ORS 527.620
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(2) The State Fish and Wildlife Commission shall establish by rule a Private Forest Accord Grant Program for the purpose of funding projects that mitigate impacts of forest practices by: (a) Removing structures that block the passage of aquatic organisms or repairing the structur…
ORS 496.259 Private Forest Accord Mitigation Advisory Committee. (1) The Private Forest Accord Mitigation Advisory Committee is established as an advisory committee to the State Fish and Wildlife Commission and the State Department of Fish and Wildlife for the purpose of carrying out the duties described in subsection (11) of this section
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(2) The committee shall consist of up to 12 members, including seven voting members appointed pursuant to subsections (3) and (4) of this section and up to five nonvoting members as provided for in subsection (5) of this section. (3)(a) The Governor shall appoint the following si…
ORS 496.260 [1981 c.720 §22; repealed by 2011 c.83 §24]
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FISH AND WILDLIFE HABITAT IMPROVEMENT
ORS 496.264 Findings. The Legislative Assembly finds and declares that
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(1) Many small streams in eastern Oregon were historically inhabited by beaver populations and strongly influenced by beavers’ unique ability to modify their physical surroundings. Beaver dams had the effect of slowing the flow of water, allowing for natural overflow onto surroun…
ORS 496.265 [1981 c.720 §23; 1989 c.924 §8; repealed by 2011 c.83 §24]
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[Repealed or reserved.]
ORS 496.266 Environmental restoration weirs; rules. (1) As used in this section and ORS 496.264
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(a) “Ancient floodplain” means channel adjacent areas and surfaces constructed by fluvial processes that functioned as floodplains or areas for overbank deposition prior to channel incision. (b) “Environmental restoration weir” means one or more structures that are constructed: (…