Title 41, Wildlife

Should any person making an arrest mentioned in ORS 496.645 for the violation of the wildlife laws desire not to forthwith take the person arrested before the justice of the peace or judge having jurisdiction or desire not to immediately take the arrested person into custody, the…

(1) Any court having jurisdiction of the offense, upon receiving proof or probable cause for believing in the concealment of any wildlife taken, killed or had in possession, under control, or shipped contrary to the wildlife laws, shall issue a search warrant and cause a search t…

The arrests mentioned in ORS 496.645 may be made on Sunday. In this event the persons arrested shall be taken before any justice of the peace or judge having jurisdiction, who shall bind over the persons arrested to appear and be proceeded against as soon as may be on week day fo…

The persons mentioned in ORS 496.645 may at any time, without warrant, seize and take possession of: (1) Any wildlife which has been caught, taken or killed, or had in possession or under control, which have been killed, had in possession or shipped, at any time, in any manner or…

(1) All wildlife taken by, or in the possession of any person in violation of the wildlife laws, and all guns, boats, traps, fishing apparatus and implements used in angling, hunting or trapping or taking any wildlife in violation of the wildlife laws may be seized by any person …

The fact that any person has any wildlife, or any part thereof, in possession when it is illegal to take or have same is prima facie evidence that such person killed such wildlife illegally. [Amended by 1971 c.658 §20]

Any person who counsels, aids or assists in any violation of the wildlife laws, or shares in any of the proceeds of such violation by receiving or possessing any wildlife, shall incur the penalties provided for the person guilty of such violation. [Amended by 1971 c.658 §21; 1973…

(1) Where the State Fish and Wildlife Commission has been furnished information of the violation of any of the wildlife laws, the commission, or one especially authorized by it, may proceed to the place where the offense is said to have been committed and summon and examine under…

(1) The State Fish and Wildlife Commission may institute suit for the recovery of damages for the unlawful taking or killing of any of the wildlife referred to in subsection (2) of this section that are the property of the state. (2)(a) The damages referred to in subsection (1) o…

In any action or proceeding for the enforcement of any of the provisions of the wildlife laws, or in any investigation before a grand jury, district attorney or other officer, or any criminal proceeding, no person shall be excused from testifying concerning any offense committed …

(1) As used in this section: (a) “Enforcement officer” has the meaning given that term in ORS 153.005. (b) “Food establishment” has the meaning given that term in ORS 616.695. (c) “Taken” means killed or captured, whether inside or outside of this state. (d) “Vehicle” has the mea…

It is the intent of the Legislative Assembly to protect wildlife from becoming habituated to humans and to protect the public against the serious health and safety risk posed by wildlife that are drawn into contact with humans and infrastructure by individuals who knowingly feed …

(1) As used in this section: (a) “Officer” means any person authorized to enforce the wildlife laws pursuant to ORS 496.605, 496.610 or 496.615. (b) “Potentially habituated wildlife” means bear, cougar, coyote and wolf. (2) A person who places, deposits, distributes, stores or sc…

The Wildlife Violator Compact is hereby enacted into law and entered into on behalf of this state with all other states legally joining therein in a form substantially as follows: ______________________________________________________________________________ ARTICLE I FINDINGS, D…

As used in ORS 496.815 to 496.825: (1) “Department” means the State Department of Fish and Wildlife. (2) “Director” means the State Fish and Wildlife Director. (3) “Person” means an individual, corporation, association, firm, partnership, joint stock company, municipal corporatio…

(1) Any person applying for a permit to appropriate water for hydroelectric purposes under ORS 537.150 to 537.252 or any person applying for a preliminary permit or license under ORS 543.010 to 543.610 shall pay an administration fee of $350 to the State Department of Fish and Wi…

(1) In addition to any other fee required by law, at the time the person applies to the Water Resources Department for a license to operate a hydroelectric project under ORS 543.010 to 543.610 or for a permit to appropriate water for hydroelectric purposes under ORS 537.150 to 53…

A person who fails to pay the fee required under section 4, chapter 674, Oregon Laws 1985, or the assessment under section 5, chapter 674, Oregon Laws 1985, or ORS 543.265 on the due date shall pay in addition to the assessed amount due, a penalty in the amount of one percent of …

(1) There is created within the State Treasury a revolving fund known as the Oregon Fish and Wildlife Hydroelectric Fund, separate and distinct from the General Fund. The moneys in this fund are continuously appropriated for use by the State Department of Fish and Wildlife in its…

(1) The State Department of Fish and Wildlife shall establish and administer a program for community outreach and education to provide residents of this state with guidance and instruction regarding opportunities for the recreational harvesting of shellfish. The department shall …

Notwithstanding ORS 498.042 and 509.112 and any other provision of the wildlife laws or commercial fishing laws, the State Department of Fish and Wildlife may authorize any person to remove from a specified area and dispose of a nonindigenous aquatic species if the department det…

(1) Except as otherwise provided by this section or other law, a violation of any provision of the wildlife laws, or any rule adopted pursuant to the wildlife laws, is a Class A misdemeanor if the offense is committed with a culpable mental state. (2) Except as otherwise provided…

(1) A person commits the offense of obstructing the taking of wildlife if the person, having no right to do so, interferes with the lawful taking, or the process of taking, of wildlife by another with the intent to prevent the taking. (2) Obstructing the taking of wildlife is a C…

(1) A person commits the crime of unlawful taking of wildlife if: (a) The person discharges a firearm or other hunting device, traps, or acts toward a wildlife decoy in any manner consistent with an unlawful taking of wildlife; and (b) The wildlife decoy is under the control of l…

Except as provided in ORS 497.006, as used in this chapter: (1)(a) “Resident” means a person who has physically resided in this state for not less than six consecutive months immediately prior to the date of making application for a license, tag or permit issued by the State Fish…

(1) As used in this section: (a) “Dependent children” includes any children of an active member of the Armed Forces of the United States who: (A) Are under 18 years of age and not married, otherwise emancipated or self-supporting; or (B) Are under 23 years of age, unmarried, enro…

(1) Angling, hunting or trapping in the waters of the Snake River or on the islands of the Snake River, where the river forms the boundary line between the State of Oregon and the State of Idaho, by a holder of either a valid Oregon or Idaho license therefor in accordance with th…

(1) A person may take fish or shellfish in the waters of the Pacific Ocean within three miles of the coast of the State of Oregon or the State of Washington, between the Oregon-Washington boundary and Cape Falcon, or in the waters of the Columbia River where it forms the Oregon-W…

Unless otherwise provided by law, all licenses, tags and permits issued by the State Fish and Wildlife Commission shall be valid for such period of time as the commission prescribes. [1973 c.723 §44; 1981 c.445 §1]

(1) The State Fish and Wildlife Commission may appoint agents to issue any of the licenses, tags or permits the commission is authorized by law to issue. The commission shall prescribe the procedure for the issuance of the licenses, tags and permits. Agents of the commission shal…

(1) No agent appointed by the State Fish and Wildlife Commission to issue licenses, tags or permits shall fail to remit to the commission moneys received from the issuance of licenses, tags and permits in the manner required by this section. (2) The commission shall, by rule, pre…

If one or more licenses, tags or permits issued by the State Fish and Wildlife Commission are lost, destroyed or stolen, the commission may require the holder of the licenses, tags or permits to attest to an agent of the commission that the licenses, tags or permits have been los…

The holder of any license, tag or permit to angle, take, hunt or trap must consent to the inspection of any such license, tag or permit and any wildlife taken pursuant to such license, tag or permit: (1) By any employee of the State Fish and Wildlife Commission or any person auth…

(1) As used in this section, “hunt” and “wildlife” have the meanings given those terms in ORS 496.004. (2) Each application for the issuance of a license, tag or permit to hunt wildlife with firearms under the wildlife laws shall include the following statement to which the appli…

(1) Except as otherwise provided by law, the State Fish and Wildlife Commission shall charge the fees listed in the fee schedule under this section for the issuance of the specified licenses, tags and permits. (2) Fee Schedule: ____________________________________________________…

The Legislative Assembly finds it imperative that the wildlife resources of the State of Oregon be augmented to a level sufficient to provide Oregonians the recreational benefits of hunting and angling, an abundance of wildlife, and the reasonable expectation that their efforts w…

(1) Except as provided in subsections (2), (3) and (4) of this section, no person shall angle for, take, hunt or trap, or assist another in angling for, taking, hunting or trapping, any wildlife unless the person has in possession such valid licenses, tags and permits therefor as…

Notwithstanding ORS 497.075, 497.121 and 497.132, the State Fish and Wildlife Commission may issue, up to four times each year, an order that authorizes individuals to angle for fish or take shellfish in the waters of this state without the licenses or tags, or without the licens…

(1) The State Fish and Wildlife Commission is authorized to issue, upon application, to persons desiring to hunt wildlife the following licenses and permits and shall charge the applicable fees under the fee schedule in ORS 497.061: (a) Resident annual hunting license to hunt wil…

Notwithstanding any other provision of the wildlife laws, of the moneys received from the sale of the following licenses, the following amounts shall be deposited as provided for in ORS 496.242: (1) Resident annual combination license issued under ORS 497.132, $4. (2) Resident an…

(1) The State Fish and Wildlife Commission may issue to applicants desiring to hunt wildlife the following tags and shall charge the applicable fees under the fee schedule in ORS 497.061: (a) Resident annual elk tag to hunt elk. (b) Nonresident annual elk tag to hunt elk. (c) Spe…

(1) As used in this section: (a) “Disabled veteran” and “veteran” have the meanings given those terms in ORS 408.225. (b) “Organization” means a nonprofit organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code and has the principal purpose …

(1) The State Fish and Wildlife Commission may, upon application and payment of the applicable fees established by the fee schedule under ORS 497.061, issue the following licenses and tags to persons desiring to angle for fish or take shellfish: (a) Resident annual angling licens…

The State Fish and Wildlife Commission shall adopt rules for the issuance of hatchery harvest tags to persons holding an annual angling license and an annual tag to angle for salmon and steelhead. The rules shall allow persons holding a hatchery harvest tag to angle for 10 fin cl…

Notwithstanding any other provision of the wildlife laws, of the moneys received from the sale of the following licenses, 75 cents from the sale of each license shall be credited to the Fish Screening Subaccount under ORS 496.303: (1) Resident annual combination license issued un…

Notwithstanding any other provision of the wildlife laws, of the moneys received from the sale of the following licenses, the following amounts shall be deposited as provided for in ORS 496.283: (1) Resident annual combination license issued under ORS 497.132, $4. (2) Resident an…

The State Fish and Wildlife Commission is authorized to issue, upon application, youth licenses for resident and nonresident persons at least 12 years of age and under 18 years of age and shall charge the applicable fee under the fee schedule in ORS 497.061. The youth license sha…

(1)(a) In lieu of issuing to resident persons separate licenses for hunting and angling, the State Fish and Wildlife Commission is authorized to issue resident annual combination hunting and angling licenses, and charge the applicable fee under the fee schedule in ORS 497.061. (b…

(1) The State Fish and Wildlife Commission may provide a means for persons to make voluntary contributions to be used for special fish and wildlife management programs, including programs to improve access for recreational angling. The commission may seek voluntary contributions …

The moneys received from the fee increases prescribed in the amendments to ORS 497.121, 497.124, 497.126 and 497.132 by sections 1 to 4, chapter 619, Oregon Laws 1993, shall be used by the State Department of Fish and Wildlife for recreational fishing activities, including fish h…