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Oregon Statutes, Title 41

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Oregon/Statutes

← All Oregon coverage

Title 41, Wildlife

4 chapters · 275 sections in this title.

All chapters in Title 41275 Ch 496124 Ch 49879 Ch 49759 Ch 50113

124 sections·Filtered byTitle 41✕Ch 496✕

ORS 496.002 Short title
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ORS chapters 496, 497, 498 and 501 may be cited as the wildlife laws. [1973 c.723 §2]
ORS 496.004 Definitions
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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…
ORS 496.007 “Game bird” defined
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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 bandta…
ORS 496.009 “Game fish” defined
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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 sal…

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ORS 496.012 Wildlife policy

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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 po…

ORS 496.016 Applicability of wildlife laws to commercial fishing laws

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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]

ORS 496.018 Person with disability under wildlife laws

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(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: (a) Written certification from a licensed physician, licensed nurse practitioner or licensed physician associate that states …

ORS 496.080 State Department of Fish and Wildlife

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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…

ORS 496.085 Fish Screening Task Force; qualifications of members; duties

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(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 appoin…

ORS 496.090 State Fish and Wildlife Commission; members; terms; qualifications; compensation and expenses

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(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, th…

ORS 496.108 Commission officers; quorum; meetings

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(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 th…

ORS 496.112 State Fish and Wildlife Director; term; compensation and expenses; delegation of commission powers to director

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(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, s…

ORS 496.116 Delegation of rulemaking authority to director; requirements

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(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 th…

ORS 496.118 Duties and powers of director

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(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 …

ORS 496.121 Authority of department to require fingerprints

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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 seek…

ORS 496.124 Fish Division; Wildlife Division; authority

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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 …

ORS 496.128 Reports by commission

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(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 …

ORS 496.138 Commission policies and programs; rules; public hearings; agency request budgets

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(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 part…

ORS 496.141 Fish screening program report

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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 …

ORS 496.146 Additional powers of commission; rules; fees; penalties

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In addition to any other duties or powers provided by law, the State Fish and Wildlife Commission: (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…

ORS 496.147 Landowner preference tags

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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): (1) Landowner preference tags shall be issued for the hunting of deer, elk or antelope. (2) La…

ORS 496.148 Payment by credit card; fee; rules

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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 depar…

ORS 496.151 Allocation of nonresident tags for outfitters and guides

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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-…

ORS 496.154 Limitation on authority to condemn certain farm use property

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(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 …

ORS 496.156 Expenditure priority for anadromous fish management

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(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 tr…

ORS 496.158 Oregon Landowner Damage Program; fee

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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 w…

ORS 496.162 Establishing seasons, amounts and manner of taking wildlife; rules

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(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 …

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

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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 man…

ORS 496.167 Department recompensable assistance to agencies; tracking and statements

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(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 stat…

ORS 496.168 Estimated expenses for recompensable assistance; invoices

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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 ex…

ORS 496.169 Citizen involvement for wildlife management on private lands

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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 …

ORS 496.171 Definitions for ORS 496.171 to 496.182; applicability date

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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: (1) “Conservation” means the use of methods and procedures necessary to bring a species to the point at which the measures …

ORS 496.172 Commission management authority for threatened or endangered species; rules

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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: (1) Shall conduct investigations of wildlife species native to this state and shall determi…

ORS 496.176 Listing species; procedure; matters to be considered; periodic review

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(1) The lists of threatened species or endangered species established pursuant to ORS 496.172 (2) shall include: (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. …

ORS 496.182 Protection and conservation programs; mitigation of adverse impact on local economies; compliance by state agencies; rules

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(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 spe…

ORS 496.192 Effect of law on commercial forestland or other private land; effect on other laws

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(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 t…

ORS 496.201 Department to furnish salmon for ceremonies; amount; source

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(1) The State of Oregon shall, through the State Department of Fish and Wildlife, provide surplus salmon: (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 Co…

ORS 496.206 Written request for salmon; contents; time for providing salmon

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(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: (a) The poundage of salmo…

ORS 496.211 Limitation on amount and use

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(1) The State of Oregon shall be limited to a once a year provision of salmon pursuant to ORS 496.201. (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 …

ORS 496.216 Disposition of salmon remaining after ceremony

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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]

ORS 496.221 ORS 496.201 to 496.221 not intended to extend Indian legal or political rights

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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]

ORS 496.228 Access and Habitat Board; qualification of members; expenses; term; meetings

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(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. (2) Three members shall be appointed to represent the broad spectrum of hunters. In making appo…

ORS 496.232 Board to make program recommendations; commission approval; report; fund expenditure qualifications; gifts and grants

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(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. (2) The commission shall review such programs and ma…

ORS 496.236 Advisory councils to board; duties; no compensation or expenses for members

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(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 r…

ORS 496.242 Access and habitat program funds

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(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…

ORS 496.246 Use of public lands for hunting; requirements regarding closure of access to public lands; exceptions

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(1)(a) As used in this section, “public lands” means any land, or improvements thereon, owned by the State of Oregon. (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 saf…

ORS 496.252 Oregon Conservation and Recreation Fund

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(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. (2) Moneys in the fund are continuously appropriated to…

ORS 496.254 Oregon Conservation and Recreation Advisory Committee

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(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. Th…

ORS 496.257 Private Forest Accord Grant Program; rules

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(1) As used in this section, “forestland” and “forest practice” have the meanings given those terms in ORS 527.620. (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 o…

ORS 496.259 Private Forest Accord Mitigation Advisory Committee

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(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. (2)…