4 chapters · 275 sections in this title.
ORS 498.052 Releasing domestically raised or imported wildlife without permit prohibited
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No person shall release within this state any domestically raised wildlife or wildlife brought to this state from any place outside this state unless the person first obtains a permit therefor from the State Fish and Wildlife Commission. [1973 c.723 §82]
ORS 498.056 Aiming rifle from moving motor vehicle prohibited
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No person who is the occupant of a motor vehicle that is moving on a road open to the public shall aim a rifle or other firearm from the motor vehicle at a time when the hunting of wildlife is lawful. [1993 c.440 §4]
ORS 498.061 Reporting takings of beaver; rules
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(1) As used in this section: (a) Beaver means a member of the species Castor canadensis. (b) Forestland has the meaning given that term in ORS 527.620. (2) A person that takes a beaver on privately owned forestland shall report the taking to the State Department of Fish and W…
ORS 498.062 Takings of beaver by owners of forestland; rules
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(1) As used in this section: (a) Beaver means a member of the species Castor canadensis. (b) Forest practices has the meaning given that term in ORS 527.620. (c) Forestland has the meaning given that term in ORS 527.620. (d) Small forestland means forestland whose owner o…
ORS 498.063 Restrictions related to trapping of beavers
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(1) As used in this section: (a) Forestland has the meaning given that term in ORS 527.620. (b) Small forestland has the meaning given that term in ORS 498.062. (2) A person may not solicit or accept a fee for trapping a beaver on privately owned forestland other than small f…
ORS 498.066 Criteria for protection of beaver on certain lands
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(1) As used in this section: (a) Human-constructed water conveyance infrastructure: (A) Means infrastructure built by a human to move water from a source to a place of use. (B) Does not mean a section of a river or stream that is used to convey water between an upstream ditch o…
ORS 498.072 Updating list of prohibited species; risk from zoonotic disease
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(1) As used in this section, prohibited species means a species that may not be imported, possessed, sold, purchased, exchanged or transported in this state, as established by rule by the State Fish and Wildlife Commission. (2) The commission shall review and update the list of…
ORS 498.073 Suit for violation related to list of prohibited species
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(1) The State Fish and Wildlife Commission may institute suit for recovery of damages in the amount of $2,500 for a violation of a rule related to the list of prohibited species, as defined in ORS 498.072. (2) Each action in violation of a rule related to the list of prohibited s…
ORS 498.102 Use of dogs to hunt or track game mammals or birds
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(1) Any dog that is not wearing a collar with a license number thereon in compliance with ORS 609.100 that is found unlawfully hunting, running or tracking any game mammal or game bird may be killed at such time by any person authorized to enforce the wildlife laws. (2) If a dog …
ORS 498.106 Competitive field trials for hunting dogs
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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]
ORS 498.112 Use of live birds for competitive shooting prohibited
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No person shall use any live bird as a target for the purpose of competitive shooting. [1973 c.723 §86]
ORS 498.120 Hunting on anothers cultivated or enclosed land
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(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 …
ORS 498.126 Hunting or assisting others to hunt or locate game animals or birds by aircraft prohibited; exemption; rules
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(1) A person may not: (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 perso…
ORS 498.128 Use of drones for pursuit of wildlife prohibited; rules
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(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: (a) Angling; (b) Hunting; (c) Trapping; (d) Aiding angling, hunting or trapping through the use of drones to harass, track, lo…
ORS 498.136 Hunting from motor-propelled vehicle restricted; rules
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(1) Except as provided in subsection (2) of this section, a person may not hunt wildlife from a motor-propelled vehicle. (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 a…
ORS 498.142 Hunting with artificial light restricted; rules
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(1) Except as provided in subsection (2) of this section, no person shall hunt wildlife with the aid of any artificial light. (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 …
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
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(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 mamma…
ORS 498.152 Agreements restricting parking or use of motor vehicles on certain lands
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(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 wil…
ORS 498.153 Parking vehicle in violation of restrictions; vehicle owner subject to penalty
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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…
ORS 498.154 Notice adequate to charge defendant; delivery or posting
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(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: (a) The date, place and nature of the charge. (b) The time and …
ORS 498.155 Failure to appear; issuance of warrant
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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 authoriz…
ORS 498.158 Hunting or trapping wildlife in certain governmental districts restricted
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(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. (2) No hunting or trapping shall be allowed on any lands within the boundaries o…
ORS 498.164 Use of dogs or bait to hunt black bears or cougars; prohibitions; exemptions; penalties
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(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. (2) Nothing in subsection (1) of this section prohibits the use of bait or one or more dog…
ORS 498.166 Bears or cougars posing threat to human safety
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(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. (2) Any person who takes a cougar or bear pursuant to subsection (1) of this section shall immediately repo…
ORS 498.170 Hunters who have a visual impairment
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(1) A person who does not have a visual impairment and who accompanies a hunter who possesses a visually impaired hunter license may: (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 fir…
ORS 498.172 Trap check requirements
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(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. (2) A person may not set a trap for a predatory animal, as defined in ORS 610.002, without checking the trap on a…
ORS 498.180 Sale of hunts for feral swine prohibited; penalties; revocation of hunting licenses, tags and permits
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(1) A person may not offer for sale or sell a hunt for feral swine on public or private lands. (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 unde…
ORS 498.182 Knowingly allowing feral swine to roam on certain lands prohibited; rules
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(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. (2) A person, or an employee of that person who acts as a land manager, shall take action in…
ORS 498.208 Use of electricity or foreign substances to take game fish prohibited; rules
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(1) Except as the State Fish and Wildlife Commission by rule may provide otherwise, no person shall: (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 fore…
ORS 498.216 Angling from fishways restricted; rules
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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 …
ORS 498.222 Transportation or release of fish without permit prohibited; penalties; revocation of angling licenses and tags; suit for recovery of damages
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(1) No person shall: (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 perso…
ORS 498.228 Possession of fish taken outside state restricted
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(1) Except as provided in subsection (2) of this section: (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 permit…
ORS 498.234 Protection of finfish and shellfish from introduction of disease; exceptions; rules
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(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. (2) Rules adopted under subsection (1) of this se…
ORS 498.242 Possession of walking catfish and piranha restricted
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(1) Except as provided in subsections (2) and (3) of this section, no person shall possess any live fish of the various species: (a) Of the family Clariidae, commonly known as walking catfish; or (b) Of the subfamily Serrasalminae of the family Characidae, commonly known as carib…
ORS 498.247 Protection of juvenile salmonids from cormorants
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(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. (2) Activities autho…
ORS 498.257 Prohibition on possession, sale, trade or distribution of shark fins; exceptions
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(1) As used in this section: (a) Shark fin means the raw or dried fin or tail of a shark. (b) Spiny dogfish means a shark belonging to the family Squalidae in the order Squaliformes that has two spines, one anterior to each dorsal fin, and that does not have an anal fin. (2) …
ORS 498.279 Black bass and walleye angling contests; rules
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(1) A person, or group of persons, may conduct, sponsor and participate in any competition or contest in which prizes are offered for the amount, quality, size, weight or other physical characteristics of black bass or walleye, provided that the rules of a competition or contest …
ORS 498.286 Prize limitation
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(1) Except as provided in subsection (2) of this section and ORS 498.279, no person shall conduct, sponsor or participate in any competition or contest in which any prize of a retail value of more than $1,000 is offered for the amount, quality, size, weight or other physical char…
ORS 498.301 Policy
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It is the policy of the State of Oregon to prevent appreciable damage to game fish populations or populations of nongame fish that are classified as sensitive species, threatened species or endangered species by the State Fish and Wildlife Commission as the result of the diversio…
ORS 498.306 Screening or by-pass devices for water diversions; fees; costs
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(1) Any person who diverts water from any body of water in this state in which any fish, subject to the State Fish and Wildlife Commissions regulatory jurisdiction, exist may be required to install, operate and maintain screening or by-pass devices to provide adequate protection…
ORS 498.316 Exemption from screening or by-pass devices
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ORS 498.306 does not require the installation of screening or by-pass devices in those water diversions for which the State Fish and Wildlife Commission, by contract or other form of agreement with the person diverting the water, has made such other provision as the commission de…
ORS 498.321 Screening or by-pass standards
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(1) In order to carry out the provisions of ORS 498.301 and 498.306, the following minimum standards and criteria apply to actions of the State Fish and Wildlife Commission and the State Department of Fish and Wildlife with regard to fish screening or by-pass devices: (a) Standar…
ORS 498.326 Department guidelines for screening and by-pass projects; expenditure of funds
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(1) The State Department of Fish and Wildlife shall establish guidelines to determine the need for and location of potential fish screening and by-pass projects. The guidelines shall include a plan to be used for determining priorities for and expected costs of installing and mai…
ORS 498.336 Statutes not construed to limit ability to acquire funding for screening or by-pass devices
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Nothing in ORS 498.306 or 509.585 shall be construed: (1) To limit the eligibility of a person required to install and operate screening or by-pass devices to obtain funding from the Water Development Fund pursuant to ORS 541.700 to 541.855. (2) To limit the acquisition or accept…
ORS 498.341 Additional funding
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Notwithstanding the limitations imposed by ORS 498.306, if sufficient funds are made available in the Fish Screening Subaccount of the Fish and Wildlife Account, by allocation from the Administrative Services Economic Development Fund or from other sources, the State Department o…
ORS 498.346 Injunction to require compliance with screening or by-pass requirements
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The State Fish and Wildlife Commission may maintain a suit to enjoin any person, including governmental agencies of this state and political subdivisions of this state, from violating the provisions of ORS 498.306. The circuit court for any county in which are situated any waters…
ORS 498.400 Definitions for ORS 498.400 to 498.464
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As used in ORS 498.400 to 498.464, unless the context requires otherwise: (1) Advertise means to make public distribution by any means of communication any material relating to the sale of membership in an outdoor club. (2) Outdoor club means a business entity organized for p…
ORS 498.406 License to operate certain outdoor clubs required; promotional activities for sale of membership without license prohibited
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(1) Except as provided in ORS 498.412, no person shall operate an outdoor club unless the person has a valid license for such operation issued by the State Fish and Wildlife Commission, if the outdoor club activities are to be conducted on land that is leased from the owners ther…
ORS 498.412 Application of ORS 498.406
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ORS 498.406 does not apply to any landowner offering to sell recreational access to property the landowner owns. [1973 c.749 §4]
ORS 498.418 License application; form; fee
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(1) A person who is required to obtain a license from the State Fish and Wildlife Commission to operate an outdoor club shall submit to the commission an application for such license, on a form approved by the commission, that contains such information as the commission may requi…