Title 41, Wildlife

The Legislative Assembly finds and declares that: (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…

(1) As used in this section and ORS 496.264: (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 o…

(1) The Fish and Wildlife Natural Climate Solutions Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Fish and Wildlife Natural Climate Solutions Fund shall be credited to the fund. Moneys in the fund are continuously a…

(1) The Legislative Assembly declares that it is the policy of the State of Oregon to encourage operators, timber owners and landowners to voluntarily improve fish and wildlife habitat. In order to carry out this policy, the Legislative Assembly encourages cooperation among opera…

(1) The State Department of Fish and Wildlife shall collect, analyze and develop the best available science and data regarding the connectivity of wildlife habitat areas. The State Department of Fish and Wildlife, in cooperation with the Department of Transportation, shall use th…

All agencies of state government, as defined in ORS 174.111, are directed to assist and advise the State Department of Fish and Wildlife in the development of the Wildlife Corridor Action Plan and in the five-year reviews of the plan required under ORS 496.272. [2019 c.272 §2] No…

(1) Contingent on available funding, the State Department of Fish and Wildlife shall undertake or plan to undertake projects to support wildlife mobility and habitat connectivity within priority areas identified in the Oregon Connectivity Assessment and Mapping Project. (2) In ca…

(1) The Legislative Assembly hereby declares the necessity to review all options and means for the protection and restoration of Oregon’s salmon resource that promote local economic development and enjoyment by all the citizens of Oregon. Options and means shall include operation…

The Legislative Assembly finds, in the interest of all Oregonians, a necessity to improve Oregon’s fishery resource through the further involvement of its citizens and through support by additional financial revenues. [1989 c.512 §2] Note: 496.280 was enacted into law by the Legi…

(1) Notwithstanding ORS 506.306, all moneys received by the State Fish and Wildlife Commission pursuant to ORS 497.126, 508.288 and 508.506 shall be deposited in a separate subaccount in the State Wildlife Fund. Except as provided in subsection (2) of this section, moneys in the …

(1) There is established within the State Department of Fish and Wildlife the Restoration and Enhancement Board, consisting of seven members appointed by the State Fish and Wildlife Commission. (2) Three members shall be appointed to represent the ocean and inland recreational fi…

(1) As used in this section: (a) “Enhancement” includes, but is not limited to, the following activities: (A) Angler access. (B) New fishways and screens. (C) Habitat. (D) New hatchery equipment and technology. (E) Public education. (F) Aquatic inventories. (b) “Restoration” incl…

(1) Individuals who reside in the various regions established for administration of the salmon and trout enhancement program may form advisory councils to discuss and consider fish restoration and enhancement programs and projects and shall make recommendations thereon to the Res…

(1) The State Wildlife Fund is established in the State Treasury separate and distinct from the General Fund. Except as otherwise provided by law, all moneys received by the State Fish and Wildlife Commission pursuant to the wildlife laws, except such as may be required as a revo…

(1) The Fish and Wildlife Account is established in the State Treasury, separate and distinct from the General Fund. All moneys in the account are continuously appropriated to the State Fish and Wildlife Commission. The Fish and Wildlife Account shall consist of the moneys in its…

If the State Department of Fish and Wildlife is required to pay compensation for damage activities of bear and cougar to people, real property, livestock, or agricultural or forest products, the compensation, and any attorney fees, shall not be paid from the State Wildlife Fund, …

Notwithstanding any other provision of law, the revolving fund referred to in ORS 496.300 shall not exceed $40,000. [1975 c.545 §9; 1979 c.461 §7]

(1) Except as provided in subsection (3) of this section, whenever real property owned by the State Fish and Wildlife Commission is exempt from taxation on January 1 of any year by reason of its ownership by the state, the commission shall pay to the county in which the property …

(1) The Willamette River Basin Bonneville Power Administration Stewardship Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Willamette River Basin Bonneville Power Administration Stewardship Fund shall be credited to t…

As used in ORS 496.385 and 496.390 “nongame wildlife” means all wildlife species over which the State Fish and Wildlife Commission has jurisdiction, except game mammals, as defined in ORS 496.004, fur-bearing mammals as defined in ORS 496.004, game birds as defined in ORS 496.007…

(1) There is established as a separate and distinct fund in the State Treasury a Nongame Wildlife Fund. The Nongame Wildlife Fund shall consist of: (a) An amount credited to the fund under ORS 305.690 to 305.753, which shall be transferred by the Department of Revenue to the fund…

The State Department of Fish and Wildlife shall have access to and control of the moneys held in the Nongame Wildlife Fund, but shall use such moneys only to protect and preserve nongame wildlife and their habitat. [1979 c.566 §4]

As used in this section and ORS 496.435 to 496.455: (1) “Enhancement” means resource conservation, utilization and educational activities that contribute to the recovery and sustainability of native fish. (2) “Listed unit” means one population or a group of populations of a speci…

Consistent with other provisions of law, it is declared to be a goal of the people of the State of Oregon to achieve recovery and sustainability of native stocks of salmon and trout. In order to achieve this goal in a cost-effective manner, the State of Oregon shall engage in a p…

A salmon and trout enhancement program shall be conducted by the State Fish and Wildlife Commission to benefit all users of the salmon and trout resources in this state. The program shall be conducted in such manner as to provide the greatest possible opportunity for citizen volu…

In carrying out the salmon and trout enhancement program, the State Fish and Wildlife Commission shall: (1) Provide appropriate State Department of Fish and Wildlife personnel to act as community advisors to cooperatively develop enhancement projects with citizen volunteers and t…

(1) Any citizen or group of citizens may submit to the State Fish and Wildlife Commission a proposal for a project consistent with the recovery or sustainability of native stocks to be implemented under the salmon and trout enhancement program or may submit a request for advice a…

In carrying out any duties, functions or power under the wildlife laws or the commercial fishing laws, the State Fish and Wildlife Commission may authorize the taking of native stocks and their sexual products, but may not provide any such native stocks or the sexual products the…

(1) The State Fish and Wildlife Commission shall develop and implement a remote hatchbox program. (2) To implement the remote hatchbox program required under subsection (1) of this section, the commission shall: (a) Identify sites in tributaries that are suitable for remote hatch…

(1) The Salmon and Trout Enhancement Program Advisory Committee is established as an advisory committee to the State Fish and Wildlife Commission. The committee shall be of such size and have such geographical representation as the commission determines appropriate. Members of th…

Except for activities or projects authorized by a unit of municipal, state or federal government, no person shall disturb, damage, destroy or interfere with the operation of a salmon and trout enhancement project referred to in ORS 496.450. [1989 c.940 §2] ADOPTION OF PLANS FOR N…

(1) The State Fish and Wildlife Commission shall adopt by rule plans for the natural production of anadromous fish runs in the basins set forth in subsection (2) of this section. The commission shall adopt the plans after government-to-government consultation in the forum establi…

The plans adopted pursuant to ORS 496.470 shall: (1) Incorporate sound science; (2) Be based upon adaptive management, incorporating monitoring and evaluation and clearly defined objectives and outcomes; (3) Benefit fish and wildlife; (4) Be consistent with efforts of the State o…

The State Department of Fish and Wildlife shall report at least once every six months to the appropriate legislative committee and the Governor on the progress of the department and the State Fish and Wildlife Commission in implementing ORS 496.470 and 496.475. [1999 c.671 §3; 20…

(1) The State Department of Fish and Wildlife shall establish a Keep Oregon’s Rivers Clean program for the collection, recycling and proper disposal of fishing tackle, including monofilament line, fluorocarbon leaders, lines, lead weights and lures. (2) The program shall consist …

The State of Oregon assents to the Act of Congress entitled, “An Act to provide that the United States shall aid the states in wildlife-restoration projects, and for other purposes,” approved September 2, 1937, Public Law No. 415, 75th Congress (50 Stat. 917, 16 U.S.C.A. 669). Th…

(1) The State of Oregon assents to the provisions of the Act of Congress entitled, “An Act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes,” approved August 9, 1950, Public Law No. 681, 81st Congress (64 S…

(1) The State Fish and Wildlife Commission shall arrange, by contest or other appropriate means, for the selection of the design of the annual migratory waterfowl stamps required by ORS 497.151 and for the production and sale of the stamps. (2) The commission may produce stamps i…

In carrying out its duties, functions and powers with regard to the migratory waterfowl stamps, the State Fish and Wildlife Commission may contract for the performance of those duties, functions and powers. The contract may include, among other matters, provisions for advance pay…

As used in this section and ORS 496.562, 496.566 and 497.153, “upland bird” means those bird family members commonly known as pheasant, quail, grouse and partridge, including chukars. [1989 c.406 §2] Note: 496.558 and 496.562 were enacted into law by the Legislative Assembly but …

The purposes of this section and ORS 496.558, 496.566 and 497.153 are to: (1) Authorize the State Fish and Wildlife Commission to issue to hunters an upland bird stamp for a specified fee; (2) Establish a fund to be financed by the sale of upland bird stamps and any art works and…

(1) The State Fish and Wildlife Commission shall arrange, by contest or other appropriate means, for the selection of the design of the annual upland bird stamps authorized by ORS 497.153 and for the production and sale of the stamps. (2) The commission may produce stamps in such…

(1) The State Fish and Wildlife Commission may issue an annual habitat conservation stamp. The fee for the stamp may not exceed $50. (2) The commission shall arrange, by contest or other appropriate means, for the selection of the design of the annual habitat conservation stamp a…

The State Fish and Wildlife Director and any deputies of the director and all other peace officers of this state or any political subdivision thereof have jurisdiction of and may enforce any of the provisions of the wildlife laws. [Amended by 1973 c.723 §17]

(1) The Department of State Police shall employ a sufficient number of state police to enforce the wildlife laws. (2) The services and expenses of the Department of State Police incurred in the enforcement of the wildlife laws shall be paid from the State Wildlife Fund. (3) The S…

The State Fish and Wildlife Commission, with the approval of the Governor and Superintendent of State Police, may employ such persons as they deem necessary or expedient for the enforcement of the wildlife laws. The services and expenses of these persons are payable out of the St…

No person authorized to enforce the wildlife laws shall suffer any civil liability for the enforcement or attempted enforcement of any provisions of the wildlife laws or for the exercise or attempted exercise of any of the duties or privileges granted to or imposed by law upon th…

(1) Upon information or complaint of the State Fish and Wildlife Commission or any person authorized to enforce the wildlife laws, district attorneys shall prosecute every criminal case in which it appears that there has been a violation of the wildlife laws or any rule promulgat…

The persons mentioned in ORS 496.645 have all powers and rights of a peace officer in serving warrants, subpoenas or other legal process in the enforcement of the wildlife laws. [Amended by 1971 c.658 §14; 1973 c.723 §22]

Any person authorized to enforce the wildlife laws may, without warrant, arrest any person violating any of the wildlife laws, and take the person before any court having jurisdiction of the offense. The court shall proceed without delay to hear, try and determine the matter and …