Chapter 496

 

      Chapter 496

 

NOTES OF DECISIONS

 

      Fish and Wildlife Commission has statutory authority to provide by rule for is suance of special ceremonial hunting permits for specific tribes that are not otherwise allowed under hunting and fishing agreement between federal and state governments and that tribe. Confederated Tribes of Siletz Indians of Oregon v. Department of Fish and Wildlife, 244 Or App 535, 260 P3d 705 (2011)

ATTY. GEN. OPINIONS: Commission authority to restrict use of boat ramp it locates on state land, (1971) Vol 35, p 900

 

      496.004

 

NOTES OF DECISIONS

 

      Gutting and dressing deer killed by another is not hunting. State v. Hoygaard, 59 Or App 473, 651 P2d 168 (1982)

 

ATTY. GEN. OPINIONS: Activities and services constituting “guiding” services within meaning of this section, (1978) Vol 39, p 359; jurisdiction of Fish and Wildlife Commission over nonindigenous wildlife, (1979) Vol 39, p 728; jurisdiction of Fish and Wildlife Commission over nonindigenous wildlife, (1994) Vol 47, p 169, overruling in part (1979) Vol 39, p 728

 

      496.009

 

      See annotations under ORS 496.010 in permanent edition.

 

      496.012

 

ATTY. GEN. OPINIONS: Jurisdiction of Fish and Wildlife Commission over nonindigenous wildlife, (1979) Vol 39, p 728; Department of Fish and Wildlife’s obligation to regulate wildlife populations on private and public lands in manner consistent with primary use intended by landowner, (1980) Vol 41, p 1; jurisdiction of Fish and Wildlife Commission over nonindigenous wildlife, (1994) Vol 47, p 169, overruling in part (1979) Vol 39, p 728

 

      496.108

 

      See annotations under ORS 496.130 in permanent edition.

 

      496.146

 

      See also annotations under ORS 496.175, 496.185, 496.235, 496.405, 496.410 and 496.505 in permanent edition.

 

NOTES OF DECISIONS

 

      This provision does not limit Fish and Wildlife Commission’s broad statutory authority to promulgate rules that commission considers necessary and proper to implement wildlife policies. Confederated Tribes of Siletz Indians of Oregon v. Department of Fish and Wildlife, 244 Or App 535, 260 P3d 705 (2011)

 

      496.162

 

      See annotations under ORS 496.190 and 496.215 in permanent edition.

 

      496.172 to 496.182

 

ATTY. GEN. OPINIONS: Responsibility of Fish and Wildlife Commission under Endangered Species Act when declaring fishing season, (1995) Vol 47, p 232

 

      496.172

 

NOTES OF DECISIONS

 

      Statement issued by federal agency is incidental take statement and must be issued to federal agency whose actions may impact federally listed species, not letter written by federal agency to plaintiffs about potential consequence of plaintiffs’ actions. Bradley v. Dept. of Forestry, 262 Or App 78, 324 P3d 504 (2014), Sup Ct review denied

 

      496.620

 

NOTES OF DECISIONS

 

      Immunity is subject to requirement that person act in good-faith belief that person is enforcing game laws or exercising duties or privileges. Dickens v. DeBolt, 288 Or 3, 602 P2d 246 (1979)

 

      To rely on immunity defense under ORS 30.265, agency must show that employees instituting action were authorized to enforce wildlife laws and were acting pursuant to that authorization. Franke v. State Department of Fish and Wildlife, 166 Or App 660, 2 P3d 921 (2000)

 

      496.680

 

NOTES OF DECISIONS

 

      Where there was no evidence that defendant’s weapon was used to kill animals, it was error to order weapon forfeited. State v. New, 113 Or App 88, 830 P2d 614 (1992)

 

      496.705

 

NOTES OF DECISIONS

 

      The phrase “knowingly unlawful killing” in this statute imports a standard of intent to cause a killing of fish and does not establish a standard of negligence. State ex rel State Game Comm. v. Gold Hill Irr. Dist., 18 Or App 99, 523 P2d 1287 (1974), Sup Ct review denied

 

      Where defendant was charged with unlawful possession of raptor under ORS 498.002 for having dead red-tailed hawk in freezer, trial court erred in ordering defendant to pay restitution based on damages under this section, which does not supply values of wildlife for purposes of assessing restitution under ORS 137.106. State v. Shockey, 285 Or App 718, 398 P3d 444 (2017)

 

      496.710

 

NOTES OF DECISIONS

 

      Transactional immunity is self executing only when witness is subpoenaed by state, not when subpoenaed by defendant. State v. Gorham, 121 Or App 347, 854 P2d 971 (1993), as modified by 123 Or App 582, 859 P2d 1201 (1993), Sup Ct review denied

 

LAW REVIEW CITATIONS: 51 OLR 573 (1972)

 

      496.992

 

      See also annotations under ORS 496.990 in permanent edition.

 

ATTY. GEN. OPINIONS: Violators subject to imprisonment, (1976) Vol 37, p 1068; Criminal liability for commercial fishing licenses issued in return for N.S.F. check, (1981) Vol. 42, p 156