225 sections in this chapter.
ORS 498.106 Competitive field trials for hunting dogs. Competitive field trials for hunting dogs may be held at such times and places and under such conditions as the State Fish and Wildlife Commission may prescribe by rule. [1973 c.723 §85]
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[Repealed or reserved.]
ORS 498.110 [Amended by 1953 c.157 §2; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 498.112 Use of live birds for competitive shooting prohibited. No person shall use any live bird as a target for the purpose of competitive shooting. [1973 c.723 §86]
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[Repealed or reserved.]
ORS 498.115 [Amended by 1953 c.178 §2; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 498.120 Hunting on another’s cultivated or enclosed land. (1) No person shall hunt upon the cultivated or enclosed land of another without first obtaining permission from the owner or lawful occupant thereof, or the agent of such owner or occupant. No prosecution shall be commenced under this section except upon written complaint filed with a magistrate. The complaint shall be verified by the oath of the owner or lawful occupant of the cultivated or enclosed land, or the agent of such owner or occupant
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(2) For the purpose of subsection (1) of this section, the boundaries of “enclosed” land may be indicated by wire, ditch, hedge, fence, water or by any visible or distinctive lines that indicate a separation from the surrounding or contiguous territory, and includes the establish…
ORS 498.125 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 498.126 Hunting or assisting others to hunt or locate game animals or birds by aircraft prohibited; exemption; rules. (1) A person may not
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(a) Hunt game mammals or game birds from or with the aid of an aircraft. (b) Transmit from an aircraft to a person not in the aircraft information regarding the location of any game mammals or game birds. (c) Otherwise use an aircraft to assist another person in hunting or locati…
ORS 498.128 Use of drones for pursuit of wildlife prohibited; rules. (1) The State Fish and Wildlife Commission shall adopt rules prohibiting the use of drones for the following purposes related to the pursuit of wildlife
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(a) Angling; (b) Hunting; (c) Trapping; (d) Aiding angling, hunting or trapping through the use of drones to harass, track, locate or scout wildlife; and (e) Interfering in the acts of a person who is lawfully angling, hunting or trapping. (2) Rules adopted to carry out the prohi…
ORS 498.130 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 498.132 [1953 c.184 §3; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 498.135 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 498.136 Hunting from motor-propelled vehicle restricted; rules. (1) Except as provided in subsection (2) of this section, a person may not hunt wildlife from a motor-propelled vehicle
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(2) The State Fish and Wildlife Commission, by rule, may authorize hunting from a motor-propelled vehicle by a person with a disability or for the purpose of alleviating damage by wildlife to other resources. (3)(a) Nothing in the wildlife laws, or rules adopted pursuant thereto,…
ORS 498.140 [Amended by 1955 c.64 §1; 1961 c.122 §1; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 498.142 Hunting with artificial light restricted; rules. (1) Except as provided in subsection (2) of this section, no person shall hunt wildlife with the aid of any artificial light
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(2) The State Fish and Wildlife Commission, by rule, may authorize hunting with the aid of an artificial light for the purpose of taking raccoon, opossum or bobcat or to alleviate damage by wildlife to other resources. [1973 c.723 §88a; 1977 c.136 §3]
ORS 498.145 [Renumbered 498.272]
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[Repealed or reserved.]
ORS 498.146 Shining artificial light on game mammal, predatory animal or livestock while in or near motor vehicle and while in possession of weapon restricted. (1) No person shall cast from a motor vehicle or from within 500 feet of a motor vehicle an artificial light upon any game mammal, predatory animal or livestock while there is in the possession or in the immediate physical presence of the person a weapon with which the game mammal, predatory animal or livestock could be killed
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(2) Subsection (1) of this section does not apply to a person who casts artificial light upon a game mammal, predatory animal or livestock: (a) From the headlights of a motor vehicle that is being operated on a road in the usual manner, if that person makes no attempt to kill the…
ORS 498.150 [1971 c.223 §2; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 498.152 Agreements restricting parking or use of motor vehicles on certain lands. (1) The State Fish and Wildlife Commission may enter into agreements with the owners or lawful possessors of land to restrict the operation or parking of motor-propelled vehicles on the land when the commission determines that such operation or parking is damaging wildlife or wildlife habitat
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(2) An agreement shall restrict the types and uses of motor-propelled vehicles on the land and shall specify the times and places that such restrictions apply. (3) The commission shall cause notice of the restrictions, including the effective date thereof, to be posted on the mai…
ORS 498.153 Parking vehicle in violation of restrictions; vehicle owner subject to penalty. A person who operates or parks a motor-propelled vehicle in violation of restrictions established and posted under ORS 498.152, and any owner of the vehicle who authorizes the operation or parking of the vehicle, commits a Class A violation. [1987 c.798 §3; 1999 c.1051 §194; 2011 c.597 §65]
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[Repealed or reserved.]
ORS 498.154 Notice adequate to charge defendant; delivery or posting. (1) In all prosecutions against the owner of a motor-propelled vehicle under ORS 498.153, it shall be sufficient for a police officer to charge the defendant by an unsworn written notice if the notice clearly states
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(a) The date, place and nature of the charge. (b) The time and place for defendant’s appearance in court. (c) The name of the issuing officer. (d) The license number of the vehicle. (2) The notice provided for in subsection (1) of this section shall either be delivered to the def…
ORS 498.155 Failure to appear; issuance of warrant. If a vehicle owner cited under ORS 498.154 to appear in a circuit or justice court upon an alleged parking offense fails to appear on or before the date and time stated on the citation, the court and the Department of Transportation may take such actions as are otherwise authorized by law under the Oregon Vehicle Code in the case of a failure to appear, except that in no case may a warrant of arrest be issued nor a criminal prosecution for failure to appear be commenced unless the citing or prosecuting authority, more than 10 days prior thereto, has sent a letter to the registered owner at the address shown upon the vehicle registration records of the department advising such owner of the charge pending and informing the owner that the owner may be subject to arrest if the owner does not appear in the court within 10 days to answer the charge. The letter must be sent by certified mail, restricted delivery, return receipt requested. A warrant of arrest may not be issued, nor a criminal prosecution for failure to appear be commenced if such a letter has not been sent or if the owner appears in court to answer the charge within 10 days after receiving the letter. [1987 c.798 §5; 1993 c.741 §69; 1995 c.658 §109; 1999 c.1051 §274]
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[Repealed or reserved.]
ORS 498.158 Hunting or trapping wildlife in certain governmental districts restricted. (1) Except as provided in ORS 448.305 and in subsection (2) of this section, no person shall hunt or trap any wildlife within the boundaries of any city, public park, cemetery or on any school lands
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(2) No hunting or trapping shall be allowed on any lands within the boundaries of any city, public park or on any school lands unless: (a) The governing body or other agency that administers the affairs of the city, public park or school, after notice and hearing, authorizes such…
ORS 498.160 [1971 c.223 §3; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 498.164 Use of dogs or bait to hunt black bears or cougars; prohibitions; exemptions; penalties. (1) Except as provided in subsections (2) and (3) of this section, a person may not use bait to attract or take black bears or use one or more dogs to hunt or pursue black bears or cougars
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(2) Nothing in subsection (1) of this section prohibits the use of bait or one or more dogs by employees or agents of county, state or federal agencies while acting in their official capacities. (3) Nothing in subsection (1) of this section prohibits the use of bait or dogs by pe…
ORS 498.166 Bears or cougars posing threat to human safety. (1) Notwithstanding the licensing and tag requirements of ORS 497.102, 497.112, 497.127 and 497.132, a person may take a cougar or bear that poses a threat to human safety
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(2) Any person who takes a cougar or bear pursuant to subsection (1) of this section shall immediately report the taking to a person authorized to enforce the wildlife laws and shall dispose of the animal in such manner as the State Fish and Wildlife Commission directs. (3) Any r…
ORS 498.170 Hunters who have a visual impairment. (1) A person who does not have a visual impairment and who accompanies a hunter who possesses a visually impaired hunter license may
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(a) Assist the hunter in selecting a game animal or bird; (b) Assist the aiming or sighting of a firearm; (c) Advise the hunter when to fire a firearm; (d) Shoot a game animal or bird on behalf of the hunter while in the immediate presence of the hunter; and (e) Tag and retrieve …
ORS 498.172 Trap check requirements. (1) A person holding a license issued under ORS 497.142 may not set a trap for fur-bearing mammals without checking the trap at least once during each 48-hour period
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(2) A person may not set a trap for a predatory animal, as defined in ORS 610.002, without checking the trap on a regular basis. [2001 c.562 §2] Note: 498.172 was added to and made a part of the wildlife laws by legislative action but was not added to ORS chapter 498 or any serie…
ORS 498.180 Sale of hunts for feral swine prohibited; penalties; revocation of hunting licenses, tags and permits. (1) A person may not offer for sale or sell a hunt for feral swine on public or private lands
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(2) Violation of subsection (1) of this section is a Class A misdemeanor. A person may not be convicted under this subsection if a civil penalty has been imposed against the person under subsection (3) of this section. (3)(a) The State Fish and Wildlife Commission may impose a ci…
ORS 498.182 Knowingly allowing feral swine to roam on certain lands prohibited; rules. (1) A person, or an employee of that person who acts as a land manager, may not knowingly, as defined in ORS 161.085, allow feral swine to roam on land owned or controlled by that person
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(2) A person, or an employee of that person who acts as a land manager, shall take action in a manner consistent with rules adopted by the State Fish and Wildlife Commission to remove any feral swine that roams on land owned or controlled by that person if the person or employee …
ORS 498.202 [1973 c.723 §91; 1981 c.510 §1; repealed by 1997 c.12 §2]
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[Repealed or reserved.]
ORS 498.205 [Amended by 1973 c.723 §109; renumbered 501.400]
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ANGLING RESTRICTIONS; FISH PROTECTIVE PROVISIONS
ORS 498.208 Use of electricity or foreign substances to take game fish prohibited; rules. (1) Except as the State Fish and Wildlife Commission by rule may provide otherwise, no person shall
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(a) Use in any body of water any electric current that may attract, frighten, retard, stun, kill or obstruct the movement of any game fish. (b) Place in any body of water any foreign substance such as blood or fish offal or any gas, chemical, drug or powder that may attract, frig…
ORS 498.210 [Amended by 1973 c.723 §110; renumbered 501.405]
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[Repealed or reserved.]
ORS 498.215 [Amended by 1973 c.723 §111; renumbered 501.425]
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[Repealed or reserved.]
ORS 498.216 Angling from fishways restricted; rules. Except as the State Fish and Wildlife Commission by rule may provide otherwise, no person shall trespass upon or angle from any fishway or angle within an area of a body of water bounded by a line extending across the body of water 200 feet above the upper end of a fishway and a line across the body of water 200 feet below the lower end of a fishway. [1973 c.723 §93]
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[Repealed or reserved.]
ORS 498.220 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 498.222 Transportation or release of fish without permit prohibited; penalties; revocation of angling licenses and tags; suit for recovery of damages. (1) No person shall
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(a) Transport any live fish unless the person has first obtained a permit therefor from the State Fish and Wildlife Commission. (b) Release or attempt to release into any body of water any live fish that was not taken from that body of water, unless the person has first obtained …
ORS 498.225 [Amended by 1965 c.20 §1; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 498.228 Possession of fish taken outside state restricted. (1) Except as provided in subsection (2) of this section
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(a) No person shall possess or import into this state from the waters of the Pacific Ocean beyond the boundaries of this state any game fish unless the person has in possession those valid angling licenses, tags and permits required therefor by the wildlife laws or rules promulga…
ORS 498.230 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 498.234 Protection of finfish and shellfish from introduction of disease; exceptions; rules. (1) The State Fish and Wildlife Commission shall, by rule, establish a program to protect all finfish and shellfish in waters of this state, both public and private, from infection by the introduction of detrimental fish diseases
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(2) Rules adopted under subsection (1) of this section shall not apply to live aquaria species imported or transported for aquaria use unless those species are reared in facilities from which effluent directly enters waters of this state. (3) The requirements of subsection (1) of…
ORS 498.235 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 498.240 [Amended by 1967 c.523 §13; repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 498.242 Possession of walking catfish and piranha restricted. (1) Except as provided in subsections (2) and (3) of this section, no person shall possess any live fish of the various species
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(a) Of the family Clariidae, commonly known as walking catfish; or (b) Of the subfamily Serrasalminae of the family Characidae, commonly known as caribe or piranha. (2) A public park, zoo, museum or educational institution may possess any of the fish referred to in subsection (1)…
ORS 498.245 [Repealed by 1959 c.352 §5]
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[Repealed or reserved.]
ORS 498.246 [1995 s.s. c.3 §41a; repealed by 1996 c.7 §2 (498.247 enacted in lieu of 498.246)]
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[Repealed or reserved.]
ORS 498.247 Protection of juvenile salmonids from cormorants. (1) The State Fish and Wildlife Commission shall issue not more than three permits annually for activities involving the protection of juvenile salmonids from cormorants (Phalacrocoracidae) on Oregon coastal river systems between Cape Falcon and Cascade Head
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(2) Activities authorized under the permits shall not include the killing, trapping or other taking of cormorants. (3) Persons to whom permits are issued may subcontract with others for the performance of protection activities. [1996 c.7 §3 (enacted in lieu of 498.246)]
ORS 498.248 [1973 c.723 §98; 1987 c.488 §1; 1995 c.426 §5; renumbered 498.311 in 1995]
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[Repealed or reserved.]
ORS 498.250 [Repealed by 1973 c.723 §130]
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[Repealed or reserved.]
ORS 498.252 [1989 c.933 §5; 1991 c.858 §3; repealed by 1995 c.426 §11]
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[Repealed or reserved.]