Chapter 498

 

      Chapter 498

 

NOTES OF DECISIONS

 

      Sufficiency of uniform game citation is governed by [former] ORS 153.720, not by statutes applicable to indictments. State v. Herrera, 152 Or App 22, 952 P2d 566 (1998)

 

      498.002

 

      See also annotations under ORS 498.005 in permanent edition.

 

NOTES OF DECISIONS

 

      Where defendant is charged with illegal killing of buck deer, in violation of rule promulgated pursuant to wildlife laws, state must prove that person committed proscribed act with culpable mental state. State v. Holt, 297 Or 203, 681 P2d 1158 (1984)

 

      Culpable mental state for criminal liability for constructive possession of wildlife under this section is “knowledge.” State v. Jones, 82 Or App 388, 728 P2d 100 (1986)

 

      Animals other than birds and mammals need not be untamed or living in state of nature to qualify as “wildlife.” State v. Couch, 341 Or 610, 147 P3d 322 (2006)

 

      Wildlife that is acquired from licensed holders in Oregon, legally imported from out of state or born in captivity is property of state. Simpson v. Department of Fish and Wildlife, 242 Or App 287, 255 P3d 565 (2011)

 

      State’s property interest in wildlife is as sovereign for benefit and in trust for people, not as owner with proprietary or possessory interest. Simpson v. Department of Fish and Wildlife, 242 Or App 287, 255 P3d 565 (2011)

 

      498.012

 

NOTES OF DECISIONS

 

      Permit requirement of this section is reasonable restraint on defendant’s right to protect his property. State v. Webber, 85 Or App 347, 736 P2d 220 (1987), Sup Ct review denied

 

      498.022

 

NOTES OF DECISIONS

 

      Where tribal law is similar to state law, state law does not discriminate against treaty hunters who take and sell wildlife. State v. Bronson, 122 Or App 493, 858 P2d 467 (1993)

 

      498.026

 

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

 

LAW REVIEW CITATIONS: 11 WLJ 96 (1974)

 

      498.032

 

      See annotations under ORS 498.027 in permanent edition.

 

      498.036

 

      See annotations under ORS 498.085 in permanent edition.

 

      498.042

 

      See also annotations under ORS 498.585 in permanent edition.

 

NOTES OF DECISIONS

 

      Failure to establish proper venue in prosecution of defendant for waste of game animal was fatal, for venue is material allegation of complaint and must be proved beyond reasonable doubt. State v. Hastings, 31 Or App 981, 571 P2d 1284 (1977)

 

ATTY. GEN. OPINIONS: Taking and sale of steelhead trout, (1974) Vol 37, p 27

 

      498.102

 

      See annotations under ORS 498.105 in permanent edition.

 

      498.120

 

NOTES OF DECISIONS

 

      To be enclosed, land must have boundary that separates land from surrounding lands. State v. Kimble/Berkner, 236 Or App 613, 237 P3d 871 (2010)

 

      498.158

 

      See annotations under ORS 498.115 in permanent edition.

 

      498.228

 

      See annotations under ORS 498.641 in permanent edition.

 

      498.254

 

      See annotations under ORS 498.311.

 

      498.274

 

      See annotations under ORS 498.346.

 

      498.346

(formerly 498.274)

 

      See annotations under ORS 498.750 in permanent edition.