Chapter 498 — Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife

2023 EDITION

Protective Measures

HUNTING, ANGLING AND WILDLIFE REGULATIONS

WILDLIFE

GENERAL PROTECTIVE PROVISIONS

498.002 Wildlife as state property; taking, angling, hunting or trapping in violation of wildlife law or rules prohibited

498.006 Chasing or harassing wildlife prohibited

498.012 Taking wildlife causing damage, posing public health risk or that is public nuisance; rules

(Temporary provisions relating to the urban deer and elk population control pilot program are compiled as notes following ORS 498.012)

498.014 Taking of wolves by State Department of Fish and Wildlife to address chronic depredation; taking by landowners; rules

498.016 Taking crippled or helpless wildlife

498.018 Commercial cervid attractants

498.019 Purchase, sale or exchange of hides, antlers and other parts of deer, elk and antelope; records required

498.021 Short title

498.022 Purchase, sale, exchange or possession of wildlife or wildlife parts or products; rules; penalty

498.026 Transaction in threatened or endangered wildlife species prohibited

498.029 Purchase, sale or exchange of fox, skunk or raccoon prohibited; exceptions

498.032 Angling or hunting for compensation in violation of wildlife laws or rules prohibited

498.036 Possession in field of skinned or plucked wildlife prohibited

498.038 Sale of wildlife for human consumption prohibited

498.042 Removal of parts of wildlife and waste of wildlife prohibited

498.046 Making toxic substances accessible to wildlife prohibited

498.048 Devices propelling cyanide

498.052 Releasing domestically raised or imported wildlife without permit prohibited

498.056 Aiming rifle from moving motor vehicle prohibited

498.061 Reporting takings of beaver; rules

(Temporary provisions relating to the Private Forest Accord are compiled as notes following 498.061)

498.062 Takings of beaver by owners of forestland; rules

498.063 Restrictions related to trapping of beavers

498.072 Updating list of prohibited species; risk from zoonotic disease

498.073 Suit for violation related to list of prohibited species

HUNTING AND TRAPPING RESTRICTIONS

498.102 Use of dogs to hunt or track game mammals or birds

498.106 Competitive field trials for hunting dogs

498.112 Use of live birds for competitive shooting prohibited

498.120 Hunting on another’s cultivated or enclosed land

498.126 Hunting or assisting others to hunt or locate game animals or birds by aircraft prohibited; exemption; rules

498.128 Use of drones for pursuit of wildlife prohibited; rules

498.136 Hunting from motor-propelled vehicle restricted; rules

498.142 Hunting with artificial light restricted; rules

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

498.152 Agreements restricting parking or use of motor vehicles on certain lands

498.153 Parking vehicle in violation of restrictions; vehicle owner subject to penalty

498.154 Notice adequate to charge defendant; delivery or posting

498.155 Failure to appear; issuance of warrant

498.158 Hunting or trapping wildlife in certain governmental districts restricted

498.164 Use of dogs or bait to hunt black bears or cougars; prohibitions; exemptions; penalties

498.166 Bears or cougars posing threat to human safety

498.170 Hunters who have a visual impairment

498.172 Trap check requirements

498.180 Sale of hunts for feral swine prohibited; penalties; revocation of hunting licenses, tags and permits

498.182 Knowingly allowing feral swine to roam on certain lands prohibited; rules

ANGLING RESTRICTIONS; FISH PROTECTIVE PROVISIONS

498.208 Use of electricity or foreign substances to take game fish prohibited; rules

498.216 Angling from fishways restricted; rules

498.222 Transportation or release of fish without permit prohibited; penalties; revocation of angling licenses and tags; suit for recovery of damages

498.228 Possession of fish taken outside state restricted

498.234 Protection of finfish and shellfish from introduction of disease; exceptions; rules

498.242 Possession of walking catfish and piranha restricted

498.247 Protection of juvenile salmonids from cormorants

498.257 Prohibition on possession, sale, trade or distribution of shark fins; exceptions

ANGLING CONTESTS

498.279 Black bass and walleye angling contests; rules

498.286 Prize limitation

SCREENING AND BY-PASS DEVICES FOR WATER DIVERSIONS OR OBSTRUCTIONS

498.301 Policy

498.306 Screening or by-pass devices for water diversions; fees; costs

498.316 Exemption from screening or by-pass devices

498.321 Screening or by-pass standards

498.326 Department guidelines for screening and by-pass projects; expenditure of funds

498.336 Statutes not construed to limit ability to acquire funding for screening or by-pass devices

498.341 Additional funding

498.346 Injunction to require compliance with screening or by-pass requirements

OUTDOOR CLUB REGULATION

498.400 Definitions for ORS 498.400 to 498.464

498.406 License to operate certain outdoor clubs required; promotional activities for sale of membership without license prohibited

498.412 Application of ORS 498.406

498.418 License application; form; fee

498.424 Report to commission required; suspension of license pending investigation of reported information

498.432 Notice to applicant upon receipt of license application; order granting or denying license; procedure

498.438 Investigatory power of commission over outdoor clubs required to be licensed

498.444 Information developed in licensing process as public record

498.452 Grounds for denial or revocation of license

498.458 Term of license; renewal fee

498.464 Commission authority to restrain violations of outdoor club laws

SAGE GROUSE

498.500 Mitigation of adverse effects on core area habitat; policy

498.502 Actions that affect core area habitat; reports; orders; rules

498.504 Sage Grouse Mitigation Program In-Lieu Fee Fund

OREGON HATCHERY RESEARCH CENTER

498.825 Oregon Hatchery Research Center Board

498.827 Duties of Oregon Hatchery Research Center Board

498.829 Officers; quorum; meetings

498.831 Oregon Hatchery Research Center; activities

498.833 Oregon Hatchery Research Center; director

(Temporary provisions relating to hatchery research funding are compiled as notes following ORS 498.833)

HATCHERY-PRODUCED FISH

498.850 Disposition of hatchery-produced fish carcasses; rules

PENALTIES

498.993 Penalty for violation of outdoor club laws; penalty for violation of law related to sale of certain animals as household pets

GENERAL PROTECTIVE PROVISIONS

498.002 Wildlife as state property; taking, angling, hunting or trapping in violation of wildlife law or rules prohibited. (1) Wildlife is the property of the state. No person shall angle for, take, hunt, trap or possess, or assist another in angling for, taking, hunting, trapping or possessing any wildlife in violation of the wildlife laws or of any rule promulgated pursuant thereto.

(2) No person shall angle for, take, hunt or trap, or assist another in angling for, taking, hunting or trapping any wildlife while intentionally violating ORS 164.245 to 164.270 or 498.120. [1973 c.723 §73; 1993 c.440 §1; 2003 c.656 §10]

498.005 [Amended by 1971 c.658 §26; repealed by 1973 c.723 §130]

498.006 Chasing or harassing wildlife prohibited. Except as the State Fish and Wildlife Commission by rule may provide otherwise, no person shall chase, harass, molest, worry or disturb any wildlife except while engaged in lawfully angling for, taking, hunting or trapping such wildlife. [1973 c.723 §74; 2003 c.656 §11]

498.010 [Repealed by 1957 c.249 §1]

498.012 Taking wildlife causing damage, posing public health risk or that is public nuisance; rules. (1) Nothing in the wildlife laws is intended to prevent any person from taking any wildlife that is causing damage, is a public nuisance or poses a public health risk on land that the person owns or lawfully occupies. However, no person shall take, pursuant to this subsection, at a time or under circumstances when such taking is prohibited by the State Fish and Wildlife Commission, any game mammal or game bird, fur-bearing mammal or nongame wildlife species, unless the person first obtains a permit for such taking from the commission.

(2) Subsection (1) of this section does not:

(a) Require a permit for the taking of cougar, bobcat, red fox or bear pursuant to that subsection. However, any person who takes a cougar, bobcat, red fox or bear must have in possession written authority therefor from the landowner or lawful occupant of the land that complies with subsection (4) of this section.

(b) Require the commission to issue a permit for the taking of any wildlife species for which a U. S. Fish and Wildlife Service permit is required pursuant to the Migratory Bird Treaty Act (16 U.S.C. 703 to 711), as amended.

(A) If the beaver damages or imminently threatens infrastructure or agricultural crops.

(B) By an owner of small forestland, as defined in ORS 498.062, or a designee of the owner, if the beaver is causing damage or has the potential to cause damage.

(3) Any person who takes, pursuant to subsection (1) of this section, any cougar, bobcat, red fox, bear, game mammal, game bird, fur-bearing mammal or wildlife species whose survival the commission determines is endangered shall immediately report the taking to a person authorized to enforce the wildlife laws, and shall dispose of the wildlife in such manner as the commission directs. In determining procedures for disposal of bear and cougar, the commission shall direct the State Department of Fish and Wildlife to first offer the animal to the landowner incurring the damage.

(4) The written authority from the landowner or lawful occupant of the land required by subsection (2) of this section for the taking of cougar, bobcat, red fox or bear must set forth all of the following:

(a) The date of issuance of the authorization;

(b) The name, address, telephone number and signature of the person granting the authorization;

(d) The wildlife damage control activities to be conducted, whether for bear, cougar, red fox or bobcat; and

(e) The expiration date of the authorization, which shall be not later than one year from the date of issuance of the authorization.

(5) Any regional office of the State Department of Fish and Wildlife ordering the disposal of an animal under subsection (3) of this section shall file a report with the State Fish and Wildlife Director within 30 days after the disposal. The report shall include but need not be limited to the loss incurred, the financial impact and the disposition of the animal. The director shall compile all reports received under this subsection on a bimonthly basis. The reports compiled by the director shall be available to the public upon request.

(6) ORS 498.014 governs the taking of wolves that are causing damage.

(7)(a) The commission shall adopt rules governing the taking of beavers authorized by subsection (1) of this section.

(b) The rules must:

(A) Require a person who takes a beaver to report the taking, even if the taking is authorized by the commission for emergency purposes.

(B) Address the taking of beavers that occurs on private land and the taking of beavers that occurs during a time other than an authorized trapping season.

(A) Ways to encourage coexistence with beavers.

(B) The use of tools to manage or prevent damage caused by beavers, including tools such as tree protection, pond levelers and culvert protection systems.

(C) Whether to require a person who takes a beaver to report the location of the taking, including the watershed or subwatershed in which the taking occurred.

(D) Under which conditions to authorize a person to take a beaver without a permit if the beaver is causing damage to property or infrastructure.

(8) A person who takes a beaver pursuant to subsection (2)(c)(A) of this section shall report the taking as required by rules adopted by the commission under subsection (7) of this section.

(9) Rules adopted pursuant to subsection (7) of this section do not apply to the taking of a beaver on privately owned forestland if the taking is subject to the provisions of ORS 498.061, 498.062 or 498.063.

(10) The department shall publish data related to takings of beavers in an annual report and shall make the report available to the public.

(11) As used in this section:

(a) “Damage” means loss of or harm inflicted on land, livestock or agricultural or forest crops.

(b) “Forestland” has the meaning given that term in ORS 527.620.

(d) “Public nuisance” means loss of or harm inflicted on gardens, ornamental plants, ornamental trees, pets, vehicles, boats, structures or other personal property.

(e) “Small forestland” has the meaning given that term in ORS 498.062. [1973 c.723 §75; 1977 c.136 §2; 1979 c.399 §3; 1985 c.332 §1; 1985 c.489 §1a; 1999 c.531 §1; 2003 c.248 §1; 2013 c.626 §4; 2023 c.445 §2]

Note: Sections 3 and 4, chapter 445, Oregon Laws 2023, provide:

Sec. 3. The State Fish and Wildlife Commission shall adopt rules required under ORS 498.012 (7) on or before December 31, 2024. [2023 c.445 §3]

Sec. 4. (1) The amendments to ORS 610.002 by section 1 of this 2023 Act become operative on the date the State Fish and Wildlife Commission adopts the rules required under ORS 498.012 (7).

(2) The commission shall notify the Legislative Counsel upon adoption of rules required under ORS 498.012 (7). [2023 c.445 §4]

Note: Sections 1 to 3, chapter 331, Oregon Laws 2017, provide:

Sec. 1. Urban deer and elk population control. (1) As used in this section, “food bank or other charitable organization” has the meaning given that term in ORS 315.154.

(2) The State Fish and Wildlife Commission shall develop and adopt by rule a pilot program for urban deer and elk population control that:

(a) Following the passage by a city of an ordinance, resolution or order declaring that a deer or elk population has risen to a level that constitutes a public nuisance, allows the city to petition the State Department of Fish and Wildlife for assistance in reducing the deer or elk population level within city limits; and

(b) In cities where the department determines that a deer or elk population constitutes a public nuisance, allows a local government body or an appropriate agent to take the deer or elk for the purpose of reducing the deer or elk population level.

(3) To implement the pilot program under this section, the department shall consult with:

(a) The governing bodies of cities where high urban deer or elk populations are a concern; and

(b) Food banks or other charitable organizations that serve the governing bodies described in paragraph (a) of this subsection.

(4) Rules for the pilot program adopted by the commission must include, but need not be limited to:

(a) Provisions for the means and manner by which deer and elk may be taken under the pilot program, which must include a prohibition on taking deer or elk by dart or lethal injection;

(b) Provisions for ensuring, to the extent feasible, that the edible portions of any deer or elk taken under the pilot program are distributed, at the expense of the local government, to a local food bank or other charitable organization;

(c) A requirement that, if the hides and antlers of a deer or elk taken under the program are not sold by the local government to persons licensed under ORS 498.019, that the antlers must be surrendered to the department; and

(d) Provisions for ensuring that the number of deer and elk taken under the pilot program do not exceed the number necessary to be taken to reduce the deer or elk population to a level that no longer constitutes a public nuisance.

(5) Prior to exercising any power granted by the pilot program adopted under this section, the governing body of a city shall adopt by ordinance restrictions on placing, depositing, distributing, storing or scattering food, garbage or any other attractant so as to knowingly constitute a lure, attractant or enticement for deer or elk. [2017 c.331 §1; 2021 c.144 §1]

Sec. 2. Report on pilot program. (1) The State Department of Fish and Wildlife shall first allow a local government to engage in activities related to deer pursuant to the pilot program adopted under section 1, chapter 331, Oregon Laws 2017, no later than January 1, 2019.

(2) The department may first allow a local government to engage in activities related to elk pursuant to the pilot program described in section 1, chapter 331, Oregon Laws 2017, as amended by section 1 of this 2021 Act, on or after the effective date of this 2021 Act [January 1, 2022].

(3) The department shall prepare and submit a report in the manner provided in ORS 192.245 on the implementation of the urban deer and elk population control pilot program, that may include recommendations for legislation, to the committees of the Legislative Assembly related to the environment and natural resources during the 2027 regular session of the Legislative Assembly. [2017 c.331 §2; 2021 c.144 §2]

Sec. 3. Sections 1 and 2 of this 2017 Act are repealed on January 1, 2029. [2017 c.331 §3]

498.014 Taking of wolves by State Department of Fish and Wildlife to address chronic depredation; taking by landowners; rules. (1) As used in this section:

(a) “Chronic depredation”:

(A) Means at least four confirmed qualifying incidents of depredation by wolves upon livestock or working dogs within a consecutive six-month period during phase 1 of the Oregon Wolf Conservation and Management Plan adopted by the State Fish and Wildlife Commission; or

(B) Has the meaning given that term by the commission for periods of time after the expiration of phase 1 of the Oregon Wolf Conservation and Management Plan adopted by the State Fish and Wildlife Commission.

(b) “Livestock” has the meaning given that term in ORS 610.150.

(2) Nothing in the wildlife laws prevents the State Fish and Wildlife Commission or the State Department of Fish and Wildlife from lethally taking wolves to address chronic depredation pursuant to rules adopted by the commission, regardless of the management status of wolves under the Oregon Wolf Conservation and Management Plan adopted by the commission.

(3) Pursuant to rules adopted by the State Fish and Wildlife Commission, a person who owns or lawfully occupies land may take wolves on land that is owned or occupied by the person, without a permit issued by the commission, if:

(a) The person has not used bait to attract wolves or taken any other intentional action to attract wolves other than engaging in regular and ordinary livestock management practices;

(b) The taking is allowed under the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et seq.); and

(A) Caught in the act of biting, wounding or killing livestock or working dogs; or

(B) Caught in the act of chasing livestock or working dogs. If the taking in response to chasing occurs during phase 1 of the Oregon Wolf Conservation and Management Plan adopted by the commission:

(i) A person must have first undertaken nonlethal actions as specified by the State Department of Fish and Wildlife to minimize conflict between the wolves and livestock or working dogs; and

(ii) The taking must occur during a time period in which the department has determined a situation of chronic depredation exists.

(4) A person who is a landowner or a lawful occupant of land may authorize another person to enter the land for the purpose of taking wolves under subsection (3) of this section on behalf of the landowner or occupant. The authorization must be in writing and must include:

(a) The date of issuance of the authorization;

(b) The name, address, telephone number and signature of the person granting the authorization;

(d) The expiration date of the authorization, which may not be later than one year from the date of issuance of the authorization.

(5) The person taking wolves on behalf of a landowner or lawful occupant under subsection (4) of this section must be carrying the written authorization when wolves are taken.

(6) If a person takes wolves under the provisions of this section, the person shall report the taking to the State Department of Fish and Wildlife within 24 hours and make all reasonable efforts to preserve, and to keep undisturbed, the scene of the taking. The department and the Oregon State Police shall immediately investigate the report of the taking to determine compliance with the provisions of this section. [2013 c.626 §2]

Note: Sections 3 and 4, chapter 192, Oregon Laws 2023, provide:

Sec. 3. (1) On or before September 15, 2024, the State Department of Fish and Wildlife shall submit a report, in the manner prescribed in ORS 192.245, to the committees or interim committees of the Legislative Assembly related to natural resources.

(2) The report must include:

(a) Data on conflicts between wolves and livestock.

(b) A summary of discussions, during the department’s five-year review of the Oregon Wolf Conservation and Management Plan, related to the release of wolf location data, including any discussion of other states’ models for sharing wolf location data with livestock producers and others. [2023 c.192 §3]

Sec. 4. Section 3 of this 2023 Act is repealed on January 2, 2025. [2023 c.192 §4]

498.015 [Amended by 1959 c.529 §1; repealed by 1973 c.723 §130]

498.016 Taking crippled or helpless wildlife. Nothing in the wildlife laws is intended to prohibit any person from killing any crippled or helpless wildlife when the killing is done for a humane purpose. Any person so killing any wildlife shall immediately report such killing to a person authorized to enforce the wildlife laws, and shall dispose of the wildlife in such manner as the State Fish and Wildlife Commission directs. [1973 c.723 §76]

498.018 Commercial cervid attractants. (1) As used in this section:

(a) “Chronic wasting disease” means a type of spongiform encephalopathy that is transmissible among cervids and typified by chronic and fatal weight loss.

(b) “Commercial cervid attractant” means a marketed product that contains or is derived from cervid urine and is designed for use in luring, attracting or enticing a cervid.

(2) The Legislative Assembly finds and declares that:

(a) Commercial cervid attractants sometimes contain the source of chronic wasting disease;

(b) There is no reliable test for determining the presence or absence of chronic wasting disease in commercial cervid attractants; and

(c) Banning the possession and use of commercial cervid attractants will reduce the threat to the cervid population of this state from chronic wasting disease.

(3) A person may not possess or use commercial cervid attractants. [2019 c.396 §2]

Note: 498.018 was added to and made a part of the wildlife laws by legislative action but was not added to ORS chapter 498 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

498.019 Purchase, sale or exchange of hides, antlers and other parts of deer, elk and antelope; records required. (1) If the State Fish and Wildlife Commission, pursuant to its authority under ORS 498.022, establishes a license for the purchase of deer, elk and antelope hides and antlers, any person holding such license shall also be authorized to purchase, sell or exchange, or offer to purchase, sell or exchange, the hooves, dewclaws and sinews of deer, elk and antelope.

(2) A licensee under subsection (1) of this section shall maintain a record of transactions involving specimens of deer, elk or antelope. The record shall be in such form and contain such information as the commission, by rule, prescribes to accurately indicate the date, type and number of specimens received and the name and address of the person with whom such transaction was made. [1995 c.711 §2]

498.020 [Amended by 1959 c.529 §2; repealed by 1973 c.723 §130]

498.021 Short title. This section and the amendments to ORS 498.022 by section 2, chapter 3, Oregon Laws 2017, shall be known and cited as the “Wildlife Trafficking Prevention Act.” [2017 c.3 §1]

Note: 498.021 was enacted into law but was not added to or made a part of ORS chapter 498 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.

498.022 Purchase, sale, exchange or possession of wildlife or wildlife parts or products; rules; penalty. (1) Except as the State Fish and Wildlife Commission by rule may provide otherwise, but subject to subsection (2) of this section, a person may not purchase, sell or exchange, or offer to purchase, sell or exchange any wildlife, or any part of any wildlife.

(2)(a) Except as provided in paragraphs (b) and (c) of this subsection, and notwithstanding any other provision of law, or rule enacted pursuant to subsection (1) of this section, a person may not purchase, sell, offer for sale or possess with intent to sell any item that the person knows or should know is a covered animal species part or product.

(b) This subsection does not apply:

(A) To employees or agents of the federal or state government undertaking any law enforcement activities pursuant to federal or state law or any mandatory duties required by federal or state law;

(B) When the activity is expressly authorized by federal law;

(C) When the activity involves a species that is subject to a federal management plan under Title III of P.L. 94-265 (16 U.S.C. 1851 to 1869), as amended;

(D) When the activity is exempt under ORS 498.257 (3) or 509.160 (3);

(E) When the covered animal species part or product is a fixed component of an antique that is not made wholly or primarily of the covered animal species part or product, provided that the antique status is established by the owner or seller of the antique with documentation evidencing provenance and showing the covered animal species part or product to be not less than 100 years old and provided that the total weight of the covered animal species part or product is less than 200 grams;

(F) When the covered animal species part or product is a fixed component of a musical instrument, including, but not limited to, string instruments and bows, wind and percussion instruments and pianos, provided that the covered animal species part or product was legally acquired and provided that the total weight of the covered animal species part or product is less than 200 grams;

(G) To the noncommercial transfer of ownership of a covered animal species part or product to a legal beneficiary of an estate, trust or other inheritance;

(H) To the possession of a covered animal species part or product by any enrolled member of a federally recognized Indian tribe; or

(I) To the sale of a covered animal species part or product by or to a bona fide scientific or educational institution when the sale is made pursuant to a written gift agreement or similar instrument entered into before July 1, 2017.

(c)(A) Unless otherwise prohibited by federal law, the State Department of Fish and Wildlife may permit the purchase, sale or donation of a lawfully acquired covered animal species part or product by or to a bona fide scientific or educational institution for scientific or educational purposes on or after July 1, 2017.

(B) For each covered animal species part or product that is purchased, sold or donated under this paragraph, the bona fide scientific or educational institution shall:

(i) Keep documentation from the transaction detailing the type of part or product acquired and the source of the part or product; and

(ii) Provide the department with a copy of the documentation described in sub-subparagraph (i) of this subparagraph.

(d) There is a presumption of possession with intent to sell a covered animal species part or product when the part or product is possessed by a retail or wholesale establishment or other forum engaged in the business of buying or selling of similar items. This rebuttable presumption does not preclude a finding of intent to sell based on any other evidence that may serve to independently establish such intent.

(e) Each violation of this subsection is punishable by a civil penalty not to exceed $6,500 or an amount equal to two times the total value of the covered animal species part or product that is the subject of the violation, whichever is higher. The civil penalty authorized by this paragraph shall be imposed in the manner provided by ORS 183.745.

(f) Any covered animal species part or product that is subject to seizure by or forfeiture to the department may not be sold by the department.

(g) The commission may adopt rules necessary for the implementation of this subsection, including rules restricting the purchase, sale, offer for sale or possession with intent to sell of parts or products of any animal species that so closely resemble in appearance parts or products of a covered animal species that law enforcement personnel would have substantial difficulty in attempting to differentiate between the species.

(h) As used in this subsection:

(A) “Bona fide scientific or educational institution” means:

(i) A career school granted authority to operate under ORS 345.010 to 345.340;

(ii) A community college established under ORS chapter 341;

(iii) An education service district as defined in ORS 334.003;

(iv) The Oregon Health and Science University;

(v) A public high school;

(vi) A public university listed in ORS 352.002;

(vii) Any institution not otherwise listed in this subparagraph that is exempt from ORS 348.594 to 348.615 under ORS 348.597 (2); or

(viii) A zoo or aquarium that is accredited under standards that equal or exceed the accreditation standards of the Association of Zoos and Aquariums in effect on May 18, 2017.

(B) “Covered animal species” means any species of:

(i) Elephant;

(ii) Rhinoceros;

(iii) Whale;

(iv) Tiger;

(v) Lion;

(vi) Leopard;

(vii) Cheetah;

(viii) Jaguar;

(ix) Pangolin;

(x) Sea Turtle;

(xi) Shark (excluding spiny dogfish as defined in ORS 498.257); or

(xii) Ray.

(C) “Covered animal species part or product” means any item that contains, or is wholly or partially made from, any covered animal species.

(D) “Person” means any individual, firm, partnership, joint venture, corporation, limited liability company, joint stock company, estate, trust, receiver, syndicate, association or other legal entity.

(E) “Sale” or “sell” means any act of selling, trading or bartering for monetary or nonmonetary consideration and includes any transfer of ownership that occurs in the course of a commercial transaction, but does not include a nonmonetary transfer of ownership by way of gift, donation or bequest.

(F) “Total value” means either the fair market value or the actual price paid for a covered animal species part or product, whichever is greater. [1973 c.723 §77; 2017 c.3 §2; 2017 c.107 §1]

Note: The repeal of statutes in ORS chapter 345 by section 17, chapter 273, Oregon Laws 2023, becomes operative July 1, 2024. See section 19, chapter 273, Oregon Laws 2023. Until July 1, 2024, a reference to the series 345.010 to 345.340 should be considered a reference to the series 345.010 to 345.450. See Preface to Oregon Revised Statutes for further explanation.

498.025 [Amended by 1961 c.276 §1; renumbered 498.820]

498.026 Transaction in threatened or endangered wildlife species prohibited. (1) Except as provided in subsection (2) of this section, no person shall take, import, export, transport, purchase or sell, or attempt to take, import, export, transport, purchase or sell, any threatened species or endangered species, or the skin, hides or other parts thereof, or any article made in whole or in part from the skin, hide or other parts of any threatened species or endangered species.

(2) Nothing in subsection (1) of this section is intended to prevent the taking, importation, transportation or sale of any threatened species or endangered species in such manner as may be authorized in ORS 496.172, 497.218 to 497.238, 497.298 or 497.308.

(3) Nothing in this section applies to the resale of used skins, hides or other parts of a threatened species or endangered species or an article made in whole or part thereof if the seller acquired the item sold prior to October 5, 1973. [1973 c.425 §2; 1977 c.242 §1; 1987 c.686 §6]

498.027 [Repealed by 1973 c.723 §130]

498.028 [1955 c.506 §1; 1961 c.143 §1; repealed by 1973 c.723 §130]

498.029 Purchase, sale or exchange of fox, skunk or raccoon prohibited; exceptions. (1) No person shall offer for sale, trade, barter or exchange as a household pet any fox, skunk or raccoon.

(2) An animal specified in subsection (1) of this section may be offered for sale, trade, barter or exchange to a public park, zoo, museum or educational institution for educational, medical, scientific or exhibition purposes if the organization possesses a permit from the State Fish and Wildlife Commission. The commission may refuse to issue a permit if the commission finds that the organization requesting the permit does not have physical facilities adequate to maintain the animal in health and safety and to prevent the escape of the animal from confinement. [1979 c.560 §2]

498.030 [Amended by 1971 c.658 §27; repealed by 1973 c.723 §130]

498.032 Angling or hunting for compensation in violation of wildlife laws or rules prohibited. No person shall angle for or hunt, or offer to angle for or hunt, for compensation, any wildlife in violation of any provision of the wildlife laws or any rule promulgated pursuant thereto. [1973 c.723 §78]

498.035 [Repealed by 1959 c.352 §5]

498.036 Possession in field of skinned or plucked wildlife prohibited. Except as the State Fish and Wildlife Commission by rule may provide otherwise, no person shall possess in the field or forest, or in transit from the field or forest, the carcass of any wildlife that has been skinned, plucked or mutilated in any manner so that the sex, size or species of the wildlife cannot be determined. [1973 c.723 §79]

498.038 Sale of wildlife for human consumption prohibited. (1) In this state, a person may not sell, offer for sale or otherwise participate in the sale or offer for sale of wildlife that is sold alive for the purpose of human consumption.

(2) This section does not apply to the otherwise lawful sale, offer for sale or other participation in the sale or offer for sale of an animal:

(a) Utilized in farm use, as defined in ORS 308A.056.

(b) Described in ORS 506.011 that is lawfully raised or harvested. [2023 c.9 §8]

498.040 [Repealed by 1959 c.352 §5]

498.041 [1965 c.507 §§2,3,4; repealed by 1973 c.723 §130]

498.042 Removal of parts of wildlife and waste of wildlife prohibited. (1) Except as provided in subsection (2) of this section, a person may not remove the following parts from the carcass of any wildlife and utilize only those parts so removed:

(a) From the carcass of any game mammal or game bird, the head, antlers, horns, hide or plumage.

(b) From the carcass of a black bear or cougar, the paws, gallbladder, sex organs or bones.

(2) Subsection (1) of this section does not apply to the removal of wildlife parts by a person:

(a) When engaged in lawful trapping activities.

(b) When utilizing those game mammals or game birds that the State Fish and Wildlife Commission by rule declares to be inedible.

(3) No person shall waste any edible portion of any game mammal, game bird or game fish or the pelt of any fur-bearing mammal. [1973 c.723 §80; 2016 c.37 §3]

498.045 [Repealed by 1973 c.723 §130]

498.046 Making toxic substances accessible to wildlife prohibited. No person shall place any toxic substance where it is accessible to wildlife unless the substance used and the method of application is approved by the state governmental agencies having authority to prescribe or implement environmental control programs. [1973 c.723 §81]

498.048 Devices propelling cyanide. A person may not use an M44 cyanide device, cyanide trap, cyanide gun or similar device designed to propel a dose of sodium cyanide into an animal for the purpose of taking the animal. [2019 c.81 §2]

Note: 498.048 was added to and made a part of the wildlife laws by legislative action but was not added to ORS chapter 498 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

498.050 [Amended by 1965 c.507 §5; repealed by 1973 c.723 §130]

498.052 Releasing domestically raised or imported wildlife without permit prohibited. 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]

498.055 [Repealed by 1973 c.723 §130]

498.056 Aiming rifle from moving motor vehicle prohibited. 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]

498.060 [Amended by 1961 c.269 §1; repealed by 1969 c.60 §1]

498.061 Reporting takings of beaver; rules. (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 Wildlife, including the reason for the taking, the location of the taking and the number of beavers taken.

(3) The department shall:

(a) Annually submit a summary of the takings of beaver reported under subsection (2) of this section to the State Fish and Wildlife Commission to help the commission better understand the scale of trapping on privately owned forestland.

(b) Make the summary described in paragraph (a) of this subsection available to the public on a department website.

(4) The commission shall adopt rules to implement this section. [2022 c.33 §22]

Note: 498.061 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (note below).

(Temporary provisions relating to the Private Forest Accord)

Note: Sections 54 and 60 to 64, chapter 33, Oregon Laws 2022, provide:

Sec. 54. Statement of legislative intent concerning habitat conservation plan and incidental take permit. (1) The Legislative Assembly intends that the policies described in sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 9, 26 to 29, 40, 41 and 45 to 49 of this 2022 Act shall remain in effect only if:

(a) An incidental take permit related to an approved habitat conservation plan consistent with the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, is issued on or before December 31, 2027;

(b) The State Board of Forestry has not made a finding that the habitat conservation plan imposes more than a de minimis difference in economic or resource impacts, at the level of landscapes, relative to rules adopted or amended as part of the rule package described in section 2 of this 2022 Act [527.711]; and

(2) The legislative intent described in subsection (1) of this section is established by sections 55 to 64 of this 2022 Act. [2022 c.33 §54]

Sec. 60. Conditional repeals. Sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act are repealed. [2022 c.33 §60]

Sec. 61. Operation of conditional provisions upon finding related to habitat conservation plan. (1) Except as otherwise provided in sections 62 and 63 of this 2022 Act, the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become operative only if the State Board of Forestry finds, pursuant to section 55 (1) and (2) of this 2022 Act, that the habitat conservation plan described in section 55 (1) of this 2022 Act imposes more than a de minimis difference, as described in section 55 (1) of this 2022 Act.

(2) If the board finds, pursuant to section 55 (1) and (2) of this 2022 Act, that the habitat conservation plan described in section 55 (1) of this 2022 Act imposes more than a de minimis difference, as described in section 55 (1) of this 2022 Act, the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become operative on the 150th day after the date the board makes the finding. [2022 c.33 §61]

Sec. 62. Operation of conditional provisions upon revocation or invalidation of incidental take permit. (1) Except as otherwise provided in sections 61 and 63 of this 2022 Act, the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become operative only if:

(a) Pursuant to section 55 (1) and (2) of this 2022 Act, the State Board of Forestry does not make a finding or finds that the habitat conservation plan described in section 55 (1) of this 2022 Act does not impose more than a de minimis difference, as described in section 55 (1) of this 2022 Act; and

(b) The incidental take permit is subsequently revoked or invalidated.

(2) If the events described in subsection (1)(a) and (b) of this section occur, the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become operative on the 240th day after the date that any appeals process related to the revocation or invalidation has been exhausted or foregone, whichever occurs first. [2022 c.33 §62]

Sec. 63. Operation of conditional provisions upon failure to issue incidental take permit on or before December 31, 2027. (1) Except as otherwise provided in sections 61 and 62 of this 2022 Act, the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become operative only if an incidental take permit related to an approved habitat conservation plan consistent with the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, is not issued on or before December 31, 2027.

(2) If an incidental take permit related to an approved habitat conservation plan consistent with the Private Forest Accord Report is not issued on or before December 31, 2027, the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become operative on June 1, 2028. [2022 c.33 §63]

Sec. 64. Repeal of conditionally operative provisions. Sections 59 and 62 of this 2022 Act are repealed on January 2, 2077. [2022 c.33 §64]

498.062 Takings of beaver by owners of forestland; rules. (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.

(d) “Small forestland” means forestland whose owner owns or holds common ownership interest in less than 5,000 acres of forestland in this state.

(2) Notwithstanding ORS 498.012 (1), an owner of forestland, other than small forestland, or a designee of the owner, may take a beaver on the owner’s forestland only if:

(a) The beaver apparently poses a threat to infrastructure.

(b) The owner or a designee of the owner first requests that the State Department of Fish and Wildlife address the threat to infrastructure apparently posed by the beaver.

(c) The owner or a designee of the owner waits 30 days after making the request described in paragraph (b) of this subsection before taking the beaver.

(3) If the department receives a request under subsection (2)(b) of this section, the department shall make a reasonable attempt to nonlethally relocate the beaver, as department resources allow, or otherwise address the threat to infrastructure apparently posed by the beaver, in consultation with the owner or a designee of the owner.

(4) Notwithstanding subsection (2) of this section and ORS 498.012 (1), if a beaver on privately owned forestland damages or imminently threatens infrastructure, an owner of forestland, other than small forestland, or a designee of the owner, may take the beaver without submitting a request to the department under subsection (2) of this section.

(5) An owner, or a designee of an owner, that takes a beaver under subsection (2) or (4) of this section must report the taking as described in ORS 498.061.

(6) In consultation with persons engaged in forest practices and other interested stakeholders, the department shall:

(a) Make reasonable attempts to nonlethally relocate beavers, as department resources allow.

(b) Develop a program for voluntarily relocating beavers.

(7) Notwithstanding ORS 496.162 (3), the State Fish and Wildlife Commission shall adopt rules to implement this section. [2022 c.33 §23]

Note: 498.062 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (second note following 498.061).

498.063 Restrictions related to trapping of beavers. (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 forestland, unless the trapping occurs pursuant to ORS 498.062 (2) or (4).

(3) A person that traps a beaver on privately owned forestland other than small forestland may not sell or exchange the pelt of the beaver, unless the trapping occurs pursuant to ORS 498.062 (2) or (4). [2022 c.33 §25]

Note: 498.063 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (second note following 498.061).

498.065 [Amended by 1953 c.196 §2; 1961 c.269 §2; repealed by 1969 c.60 §1]

498.070 [Repealed by 1969 c.60 §1]

498.072 Updating list of prohibited species; risk from zoonotic disease. (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 prohibited species as the commission deems necessary to protect against significant risks to public health from zoonotic disease.

(3) If the Oregon Health Authority identifies a wildlife species as posing a significant risk to public health from zoonotic disease:

(a) The authority shall notify the commission of the risk as soon as practicable.

(b) After the notification, the commission shall review and update relevant rules related to wildlife as necessary to protect the public from the risk, including by adding the species to the list of prohibited species.

(4) In making decisions under this section, the commission:

(a) Shall use the best available science.

(b) Shall consult with the authority and the State Department of Agriculture.

(c) May consult with bona fide scientific or educational institutions, as defined in ORS 498.022, and any other experts with relevant expertise.

(5) In addition to actions described in this section, the commission may take any lawful action the commission deems necessary to protect the public from a potential for transmission of zoonotic disease.

(6) Notwithstanding subsection (5) of this section, this section does not authorize commission action related to a species utilized in farm use, as defined in ORS 308A.056. [2022 c.9 §3]

498.073 Suit for violation related to list of prohibited species. (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 species that pertains to an individual animal constitutes a separate violation for purposes of this section.

(3) The amount recoverable under this section shall be reduced by any amount paid to the commission under ORS 496.992 (15).

(4) In a suit brought under this section, the court shall award to the prevailing party, in addition to costs and disbursements, reasonable attorney fees.

(5) Civil damages awarded pursuant to this section are in addition to other penalties prescribed by the wildlife laws.

(6) Any circuit or justice court has jurisdiction to try a case for recovery of damages for violation of a rule related to the list of prohibited species as defined in ORS 498.072. [2022 c.9 §4]

498.075 [Repealed by 1969 c.60 §1]

498.080 [Repealed by 1969 c.60 §1]

498.085 [Repealed by 1973 c.723 §130]

498.090 [Repealed by 1955 c.162 §1]

498.095 [Amended by 1967 c.166 §2; 1971 c.517 §2; repealed by 1973 c.723 §130]

498.100 [Amended by 1967 c.523 §12; 1967 c.594 §4; repealed by 1973 c.723 §130]

HUNTING AND TRAPPING RESTRICTIONS

498.102 Use of dogs to hunt or track game mammals or birds. (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 that is found unlawfully hunting, running or tracking any game mammal or game bird is wearing a collar with a license number thereon in compliance with ORS 609.100, the owner of the dog shall be notified by any person authorized to enforce the wildlife laws. If the owner or reputed owner of the dog disclaims ownership of the dog, the dog may be killed at such time by a person authorized to enforce the wildlife laws.

(3) If the owner of a dog has been notified that the dog has been found unlawfully hunting, running or tracking game mammals or game birds and thereafter fails to prevent the dog from unlawfully hunting, running or tracking game mammals or game birds, such dog may be killed by any person authorized to enforce the wildlife laws.

(4) No person shall permit any dog the person owns to unlawfully hunt, run or track any game mammal or game bird. [1973 c.723 §84]

498.105 [Repealed by 1973 c.723 §130]

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]

498.110 [Amended by 1953 c.157 §2; repealed by 1973 c.723 §130]

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]

498.115 [Amended by 1953 c.178 §2; repealed by 1973 c.723 §130]

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.

(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 established and posted boundaries of Indian reservations established by treaties of the United States and the various Indian tribes. [Amended by 1959 c.318 §1; 1971 c.580 §1; 1973 c.723 §83]

498.125 [Repealed by 1973 c.723 §130]

498.126 Hunting or assisting others to hunt or locate game animals or birds by aircraft prohibited; exemption; rules. (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 person in hunting or locating game mammals or game birds for the purpose of hunting.

(2) A person may not hunt any game mammal within eight hours after having been transported by aircraft to or from any place other than a recognized airport that the Oregon Department of Aviation has licensed as a public use airport, registered as a personal use airport or specifically exempted from licensing or registration.

(3) Every pilot shall maintain a log book that shows the names and addresses of record of the persons transported, point of departure, point of destination, time and date of each flight that the pilot makes in an aircraft within this state to transport a person to or from any place to hunt. The log book is subject to inspection by any person authorized to enforce the wildlife laws.

(4)(a) Notwithstanding subsections (1) to (3) of this section, and except as provided in subsection (5) of this section, the State Department of Fish and Wildlife, or its agents, may conduct wildlife management activities necessary for scientific research or, in emergency situations, to protect human safety, wildlife species or property by:

(A) Hunting game mammals or game birds from or with the aid of an aircraft; or

(B) Transmitting from an aircraft information regarding the location of any game mammal or game bird.

(b) The State Fish and Wildlife Commission shall define by rule the terms “emergency situations” and “necessary” for purposes of implementation of this section.

(5) If the definition of “game mammal” in ORS 496.004 is modified to include wolves, then the department may conduct wolf management activities under this section only under a statewide wolf management plan adopted by the commission. [1973 c.723 §87; 1987 c.277 §1; 1989 c.448 §1; 1999 c.935 §30; 2003 c.566 §1; 2003 c.762 §1]

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:

(a) Angling;

(b) Hunting;

(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 prohibitions provided for in this section may include exemptions for:

(a) Subject to ORS 837.360, the State Department of Fish and Wildlife and the department’s agents and contractors for the use of drones in carrying out the duties of the department; or

(b) The use of drones in a manner otherwise prohibited under this section if the purpose of the use is to benefit wildlife management or habitat or for the protection of property.

(3) Nothing in this section is meant to limit the use of drones by a person who is lawfully engaging in activities authorized under the commercial fishing laws.

(4) As used in this section, “drone” means:

(a) An unmanned flying machine;

(b) An unmanned water-based vehicle; or

(c) Any other vehicle that is able to operate in the air, in or under the water or on land, either remotely or autonomously, and without a human occupant. [2015 c.61 §1; 2016 c.72 §14]

Note: 498.128 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 498 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

498.130 [Repealed by 1973 c.723 §130]

498.132 [1953 c.184 §3; repealed by 1973 c.723 §130]

498.135 [Repealed by 1973 c.723 §130]

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.

(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, is intended to prohibit the companion of a person with a disability who is lawfully hunting from a motor-propelled vehicle from killing an animal wounded by the person and applying to the animal the tag issued to the person for the taking of the animal, even if the companion has already validated any tag required for the taking of such an animal.

(b) For purposes of this subsection, “companion” means a person who does not have a disability. [1973 c.723 §88; 1987 c.292 §1; 1999 c.25 §8; 2007 c.70 §278]

498.140 [Amended by 1955 c.64 §1; 1961 c.122 §1; repealed by 1973 c.723 §130]

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.

(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]

498.145 [Renumbered 498.272]

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.

(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 game mammal or livestock; or

(b) When the weapon that person has in the possession or immediate physical presence of the person is disassembled or stored, or in the trunk or storage compartment of a motor vehicle; or

(d) On publicly owned land when that person has an agreement with the public body to use that property.

(3) As used in this section, “predatory animal” has the meaning for that term provided in ORS 610.002. [1973 c.542 §2; 1975 c.791 §2]

498.150 [1971 c.223 §2; repealed by 1973 c.723 §130]

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.

(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 main traveled roads entering the area to which the restrictions apply.

(4) Nothing in this section authorizes the establishment of any restrictions that impede normal forest or range management operations. [1973 c.723 §89; 1987 c.798 §1]

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]

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:

(a) The date, place and nature of the charge.

(b) The time and place for defendant’s appearance in court.

(d) The license number of the vehicle.

(2) The notice provided for in subsection (1) of this section shall either be delivered to the defendant or placed in a conspicuous place upon the vehicle involved in the violation. A duplicate original of the notice shall serve as the complaint in the case when it is filed with the court. The issuing officer need not have observed the act of parking, but need only have observed that the vehicle appeared to be parked in violation of restrictions established and posted under ORS 498.152. [1987 c.798 §4; 1995 c.658 §108; 2011 c.597 §65a]

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]

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.

(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 hunting or trapping by ordinance or resolution; and

(b) The State Fish and Wildlife Commission, after notice and hearing, determines that such hunting or trapping would not adversely affect public safety or unreasonably interfere with other authorized uses of such lands. [1973 c.723 §90]

498.160 [1971 c.223 §3; repealed by 1973 c.723 §130]

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.

(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 persons for the taking of black bears or cougars in accordance with the provisions of ORS 498.012 relating to taking wildlife that is causing damage.

(4) Any person who violates subsection (1) of this section commits a Class A misdemeanor and, upon conviction, shall in addition to appropriate criminal penalties have the person’s privilege to apply for any hunting license suspended for a period of five years for a first offense and permanently suspended for any subsequent offense.

(5) For the purposes of this section, “bait” means any material placed for the purpose of attracting or attempting to attract bears. [1995 c.4 §1; 2003 c.248 §2; 2007 c.675 §§1,2; 2013 c.376 §§2,3; 2021 c.97 §64]

Note: 498.164 was enacted into law but was not added to or made a part of ORS chapter 498 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.

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.

(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 regional office of the State Department of Fish and Wildlife ordering the disposal of an animal under subsection (2) of this section shall file a report with the State Fish and Wildlife Director within 30 days after the disposal. The report shall include but need not be limited to the disposition of the animal, the events leading to the taking of the animal and any injury caused by the animal to humans or domesticated animals. The director shall compile all reports received under this subsection on a bimonthly basis. The reports compiled by the director shall be available to the public upon request.

(4) As used in this section:

(a) “Structure” includes a building being used as a residence, a building located on land actively used for agricultural, timber management, ranching or construction purposes or a building used as part of a business.

(b) “Threat to human safety” means the exhibition by a cougar or bear of one or more of the following behaviors:

(A) Aggressive actions directed toward a person or persons, including but not limited to charging, false charging, growling, teeth popping and snarling.

(B) Breaking into, or attempting to break into, a residence.

(D) Loss of wariness of humans, displayed through repeated sightings of the animal during the day near a permanent structure, permanent corral or mobile dwelling used by humans at an agricultural, timber management, ranching or construction site. [2001 c.431 §2; 2015 c.779 §50]

Note: 498.166 was added to and made a part of the wildlife laws by legislative action but was not added to ORS chapter 498 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

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:

(a) Assist the hunter in selecting a game animal or bird;

(b) Assist the aiming or sighting of 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 game animals and birds on behalf of the hunter.

(2) The person accompanying a hunter who has a visual impairment shall be required to possess a valid hunting license. The person accompanying a hunter who has a visual impairment may also hunt game animals or birds if the person possesses the appropriate tags, permits and stamps for the area and time period.

(3) A hunter who possesses a visually impaired hunter license must comply with all other tag, permit and stamp requirements of the State Fish and Wildlife Commission and applicable hunting laws.

(4) As used in this section, “hunter who has a visual impairment” means a person who files proof with the commission that the person’s central visual acuity does not exceed 20/200 in the better eye with best correction or that the person’s visual acuity, if better than 20/200, is accompanied by a limit to the field of vision to such a degree that its widest diameter subtends an angle of no greater than 20 degrees. [1997 c.407 §1; 2007 c.70 §279]

Note: 498.170 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 498 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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.

(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 series therein. See Preface to Oregon Revised Statutes for further explanation.

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.

(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 civil penalty of $1,000 for a violation of subsection (1) of this section.

(b) Civil penalties described in this subsection shall be imposed in the manner provided in ORS 183.745. A civil penalty may not be imposed against a person under this subsection if the person has been convicted under subsection (2) of this section.

(4) Notwithstanding ORS 497.415 (1), (2), (3) and (5) and in addition to any criminal penalty or civil penalty imposed under this section, when a person is convicted under subsection (2) of this section or a civil penalty is imposed under subsection (3) of this section, the commission shall revoke all hunting licenses, tags and permits issued to the person under the wildlife laws, and the person may not apply for or obtain any hunting license, tag or permit for a period of 24 months after the conviction or imposition of the civil penalty. [2009 c.605 §2]

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.

(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 knows that feral swine roam on land owned or controlled by that person. ORS 497.075 does not apply to this subsection.

(3) A person, or an employee of that person who acts as a land manager, shall, within 10 days after discovering feral swine on land owned or controlled by that person, inform the State Department of Fish and Wildlife about the feral swine. [2009 c.605 §3]

498.202 [1973 c.723 §91; 1981 c.510 §1; repealed by 1997 c.12 §2]

498.205 [Amended by 1973 c.723 §109; renumbered 501.400]

ANGLING RESTRICTIONS; FISH PROTECTIVE PROVISIONS

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:

(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, frighten, retard, stun, kill or obstruct the movement of any game fish.

(2) No person shall possess any game fish that the person knows or has reason to know was taken in violation of subsection (1) of this section. [1973 c.723 §92]

498.210 [Amended by 1973 c.723 §110; renumbered 501.405]

498.215 [Amended by 1973 c.723 §111; renumbered 501.425]

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]

498.220 [Repealed by 1973 c.723 §130]

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:

(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 a permit therefor from the commission.

(2) The commission may refuse to issue the permit referred to in subsection (1)(b) of this section if the commission finds that release of the fish into a body of water would adversely affect existing fish populations.

(3) Subsection (1)(a) of this section does not apply to live fish that are for aquaria use.

(4) Violation of subsection (1)(b) of this section is:

(a) A Class C felony if the violation is committed intentionally or knowingly.

(b) A Class A misdemeanor if the violation is committed recklessly or with criminal negligence.

(5)(a) Notwithstanding ORS 497.415 (1), (2), (3) and (5), when a person is convicted of violating subsection (1)(b) of this section, the court in which the conviction occurs shall notify the commission, which shall revoke all angling licenses and tags issued to that person pursuant to the wildlife laws. Revocation of licenses and tags is in addition to and not in lieu of other penalties provided by law.

(b) No person who has been convicted of violating subsection (1)(b) of this section shall apply for, obtain or possess any angling license or tag issued pursuant to the wildlife laws within five years after the conviction.

(6)(a) The commission may institute suit for the recovery of damages for the control or eradication of live fish released into a body of water in violation of subsection (1)(b) of this section. The damages awarded under this subsection shall be the amount necessary to return the body of water to its condition prior to the violation.

(b) In any action under this subsection, the court shall award to the prevailing party, in addition to costs and disbursements, reasonable attorney fees.

(c) Damages awarded under this subsection shall be in addition to other penalties prescribed by the wildlife laws for releasing or attempting to release live fish without a permit.

(d) Any circuit or justice court has jurisdiction to try any case for the recovery of damages as provided by this subsection. [1973 c.723 §94; 2009 c.243 §1; 2011 c.597 §66]

498.225 [Amended by 1965 c.20 §1; repealed by 1973 c.723 §130]

498.228 Possession of fish taken outside state restricted. (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 permits required therefor by the wildlife laws or rules promulgated pursuant thereto.

(b) No person shall possess or import into this state from any waters beyond the boundaries of this state any game fish in excess of the amount prescribed by the wildlife laws or rules promulgated pursuant thereto.

(2) Subsection (1) of this section does not apply to:

(a) The possession or importation of fish taken pursuant to the commercial fishing laws; or

(b) The possession or importation of fish taken in the waters of another state, a territory of the United States or a foreign country pursuant to the laws of such state, territory or foreign country. [1973 c.723 §95]

498.230 [Repealed by 1973 c.723 §130]

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.

(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 this section are in addition to any other requirement of law, or rule promulgated pursuant thereto, regarding the importation into this state of live game fish or game fish eggs. [1973 c.723 §96; 1987 c.294 §1]

498.235 [Repealed by 1973 c.723 §130]

498.240 [Amended by 1967 c.523 §13; repealed by 1973 c.723 §130]

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:

(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) of this section for educational, medical, scientific or exhibition purposes if the organization first obtains a permit from the State Fish and Wildlife Commission. The commission may refuse to issue the permit if the commission finds that the organization requesting the permit has physical facilities for holding the fish that are inadequate to prevent their escape from confinement.

(3) Subsections (1) and (2) of this section do not prohibit the possession or require a permit for the possession of live fish that are of the genera Pygocentrus, Serrasalmus or Pristobrycon that are carnivorous fish in the subfamily Serrasalminae, from the family Characidae, commonly known as piranha or caribe. [1973 c.723 §97; 1995 c.355 §1]

498.245 [Repealed by 1959 c.352 §5]

498.246 [1995 s.s. c.3 §41a; repealed by 1996 c.7 §2 (498.247 enacted in lieu of 498.246)]

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.

(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)]

498.248 [1973 c.723 §98; 1987 c.488 §1; 1995 c.426 §5; renumbered 498.311 in 1995]

498.250 [Repealed by 1973 c.723 §130]

498.252 [1989 c.933 §5; 1991 c.858 §3; repealed by 1995 c.426 §11]

498.254 [1973 c.723 §99; repealed by 1987 c.488 §5]

498.255 [Amended by 1957 c.253 §1; repealed by 1959 c.352 §5]

498.256 [1989 c.933 §§6,7; 1995 c.426 §10; renumbered 498.326 in 1995]

498.257 Prohibition on possession, sale, trade or distribution of shark fins; exceptions. (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) A person may not possess, sell or offer for sale, trade or distribute a shark fin in this state.

(3) This section does not apply to:

(a) A person who possesses, sells or offers for sale, trades or distributes a shark fin from a spiny dogfish that was legally taken or landed under rules adopted by the State Department of Fish and Wildlife and in accordance with federal regulations; and

(b) A person who holds a license or permit issued by the State Department of Fish and Wildlife under the wildlife laws to take a shark and who possesses, sells or offers for sale, trades or distributes a shark fin consistent with the terms of that license or permit. [2011 c.371 §4]

498.260 [Repealed by 1959 c.352 §5]

498.262 [1973 c.723 §100; 1987 c.488 §3; 1995 c.426 §8; renumbered 498.316 in 1995]

498.265 [Repealed by 1955 c.160 §1]

498.268 [1973 c.723 §101; renumbered 498.351 in 1995]

498.270 [Repealed by 1959 c.352 §5]

498.272 [Formerly 498.145; repealed by 1973 c.723 §130]

498.274 [1973 c.723 §102; 1987 c.488 §4; 1995 c.426 §9; renumbered 498.346 in 1995]

498.275 [Repealed by 1959 c.352 §5]

498.276 [1991 c.858 §9; renumbered 498.336 in 1995]

ANGLING CONTESTS

498.279 Black bass and walleye angling contests; rules. (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 are prepared and distributed by the sponsors to the contestants and are administered and enforced by the sponsors. Except as provided in subsection (2) of this section, such rules shall include, but are not limited to:

(a) A requirement that the contestants use aerated live wells or other equipment so that all reasonable efforts are made to maintain the fish taken in a live and healthy condition.

(b) A requirement that all fish caught that are in a healthy condition are immediately returned to the water where they were caught, after weighing. Black bass may be turned over to the State Department of Fish and Wildlife for restocking.

(2) The State Department of Fish and Wildlife may waive any of the requirements described in subsection (1) of this section if the department determines that limiting a population of black bass or walleye in a body of water would benefit native fish species or the ecological health of the body of water.

(3) As used in this section, “black bass” means largemouth bass, smallmouth bass, redeye bass, spotted bass and all other basses of the genus Micropterus.

(4) The State Fish and Wildlife Commission may adopt rules to limit the number of contests and participants, determine the location of contests and prescribe other terms and conditions regarding the conduct of contests under this section. [1981 c.510 §3; 1985 c.562 §1; 1987 c.299 §1; 2001 c.186 §1; 2023 c.48 §1]

498.280 [Repealed by 1973 c.723 §130]

498.284 [1989 c.373 §2; repealed by 2001 c.186 §3]

498.285 [Repealed by 1973 c.723 §130]

498.286 Prize limitation. (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 characteristic of game fish taken.

(2) When a prize is offered that exceeds $1,000 for the amount, quality, size, weight or other physical characteristic of a game fish taken, the State Fish and Wildlife Commission, by rule, may limit the number of contests and participants, determine the location of contests and prescribe other terms and conditions regarding the conduct of contests. [1989 c.373 §4; 1997 c.12 §1; 2001 c.186 §2]

498.290 [1961 c.129 §1; repealed by 1973 c.723 §130]

498.295 [Repealed by 1957 c.235 §1]

498.300 [Repealed by 1959 c.352 §5]

SCREENING AND BY-PASS DEVICES FOR WATER DIVERSIONS OR OBSTRUCTIONS

498.301 Policy. 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 diversion of water for nonhydroelectric purposes from any body of water in this state. [1993 c.478 §2]

498.305 [Repealed by 1959 c.352 §5]

498.306 Screening or by-pass devices for water diversions; fees; costs. (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 Commission’s regulatory jurisdiction, exist may be required to install, operate and maintain screening or by-pass devices to provide adequate protection for fish populations present at the water diversion in accordance with the provisions of this section.

(2)(a) The State Department of Fish and Wildlife shall establish a cost-sharing program to implement the installation of screening or by-pass devices on not less than 150 water diversions or 150 cubic feet per second of diverted water per biennium. The department shall select the water diversions to be screened from the priority listing of diversions established by the department and reviewed by the Fish Screening Task Force. The installation of a screening or by-pass device may be required only if:

(A) The water diversion is 30 cubic feet per second or more;

(B) A new water right is issued for the water diversion;

(D) Fewer than 150 persons per biennium volunteer to request such installation on the diversions for which they are responsible; or

(E) The Fish Screening Task Force has reviewed and approved the department’s request to require installation of screening or by-pass devices in order to complete the screening of a stream system or stream reach.

(b) The limitations on the number of diversions or cubic feet per second of diverted water to be screened as provided in this section do not prevent the installation of screening and by-pass devices for diversions by persons responsible for diversions who are willing to pay the full cost of installing screening and by-pass devices.

(c) Cost-sharing program funds may not be provided under this subsection for screening or by-pass devices on a water diversion involving water rights issued on or after January 1, 1996, unless the Fish Screening Task Force finds there is good cause to allow an exception. The department shall give preference to diversions of 30 cubic feet per second or less when making cost-sharing program funds available.

(3) When selecting diversions to be equipped with screening or by-pass devices, the department shall attempt to solicit persons who may volunteer to request the installation of such devices on the diversions for which they are responsible. When selecting diversions to be equipped with screening or by-pass devices, the department shall select those diversions that will provide protection to the greatest number of indigenous naturally spawning fish possible.

(4) If the department constructs and installs the screening or by-pass device, a fee shall be assessed against the person responsible for the diversion in an amount that does not exceed 40 percent of the construction and installation costs of the device. The fee shall be paid into the Fish Screening Subaccount. If the person responsible for the diversion constructs and installs the by-pass or screening device, the person shall be reimbursed from the Fish Screening Subaccount or other state funds in an amount that does not exceed 60 percent of the actual construction and installation costs of the device.

(5) The department’s cost of major maintenance and repair of screening or by-pass devices shall be paid from the Fish Screening Subaccount.

(6) The department is responsible for major maintenance and repair of screening or by-pass devices at water diversions of less than 30 cubic feet per second, and if failure by the department to perform major maintenance on or repair such devices results in damage or blockage to the water diversion on which a device has been installed, the person responsible for the water diversion shall give written notice of such damage or blockage to the department. If within seven days of the notice, the department fails to take appropriate action to perform major maintenance on or repair the device, and to repair any damage that has occurred, the person responsible for the water diversion may remove the device. If an emergency exists that will result in immediate damage to livestock or crops, the person responsible for the water diversion may remove the screening or by-pass device. A person required to comply with this section is responsible for minor maintenance and shall, in a timely manner, notify the department of the need for activities associated with major maintenance.

(7) A person who diverts water at a rate of 30 cubic feet per second or more is responsible for all maintenance of an installed screening or by-pass device.

(8) A person required to comply with this section may design, construct and install screening or by-pass devices adequate to prevent fish from leaving the body of water and entering the diversion or may request the department to design, construct and install such devices. However, if a person required to comply with this section fails to comply within 180 days after notice to comply by the department, the department shall design, install, operate and maintain on that person’s water diversion appropriate screening or by-pass devices and shall charge and collect from the person the actual costs thereof in an amount not to exceed the average cost for diversions of that size.

(9) If the diversion requiring screening or by-pass devices is located on public property, the department shall obtain from the property owner approval or permits necessary for such devices. Activities of the department pursuant to this section may not interfere with existing rights of way or easements of the person responsible for the diversion.

(10)(a) The department or its agent has the right of ingress and egress to and from those places where screening or by-pass devices are required, doing no unnecessary injury to the property of the landowner, for the purpose of designing, installing, inspecting, performing major maintenance on or repairing such devices.

(b) If a screening or by-pass device installed by the department must be removed or replaced due to inadequate design or faulty construction, the person responsible for the diversion shall bear no financial responsibility for its replacement or reconstruction.

(c) If a screening or by-pass device installed by the person responsible for the diversion must be removed or replaced due to faulty construction, the person shall bear full financial responsibility for its replacement or reconstruction.

(d) If the person responsible for a diversion on which a screening or by-pass device is installed fails to conduct appropriate inspection and minor maintenance, the department may perform such activities and charge and collect from the person responsible a fee not to exceed $150 for each required visit to the location of the screening or by-pass device.

(e) If the department determines that a person must install, operate, maintain, repair or replace a screening or by-pass device under this section, the department shall notify the person, by registered mail, of the specific action the person is required to take. The person may request a contested case hearing before the State Fish and Wildlife Commission, to be conducted as provided in ORS chapter 183.

(11) A person may not interfere with, tamper with, damage, destroy or remove in any manner not associated with regular and necessary maintenance procedures any screening or by-pass devices installed pursuant to this section.

(12) The department may maintain an action to cover any costs incurred by the department when a person who is required to comply with this section fails to comply. Such action shall be brought in the circuit court for the county in which the screening or by-pass device is located.

(13) Upon receiving notice from the department to comply with this section, a person responsible for a water diversion may be excused from compliance if the person demonstrates to the Fish Screening Task Force that:

(a) The installation and operation of screening or by-pass devices would not prevent appreciable damage to the fish populations in the body of water from which water is being diverted.

(b) Installation and operation of screening or by-pass devices would not be technically feasible.

(14)(a) Not later than January 1, 1996, the department, with the assistance of the Fish Screening Task Force and the Water Resources Department, shall establish and publish an updated priority listing of 3,500 water diversions in the state that should be equipped with screening or by-pass devices. Changes may be made to the list whenever deletions are made for any reason. The priority listing shall include the name and address of the person currently responsible for the water diversion, the location of the diversion, size of the diversion, type of screening or by-pass device required, estimated costs for construction and installation of screening or by-pass devices for the individual diversion and species of fish present in the water body. When developing the priority listing, the department shall base priorities for the installation of screening or by-pass devices on unscreened diversions on the following criteria:

(A) Fish species status.

(B) Fish numbers.

(D) Diversion size.

(E) Diversion amount.

(F) Any other criteria that the department, in consultation with the Fish Screening Task Force, considers appropriate.

(b) Criteria identified in this subsection shall be given appropriate consideration by the department when updating its priority listing. The priority listing will be updated to give the highest priority to those diversions that save the greatest number of fish and simultaneously protect the greatest number of threatened or endangered fish species.

(c) After the priority listing has been updated, the persons responsible for the diversions on the list shall be notified that their diversions appear on the list. Such persons also shall be furnished a description of the fish screening cost-sharing program.

(d)(A) The department shall notify, by means of registered mail, each person responsible for the first 250 diversions on the priority listing on or before January 1, 1996. The department shall furnish information regarding the fish screening cost-sharing program to each person responsible for a diversion included in the first 250 diversions on the priority listing on or before January 1, 1996. A person may not be required to install a screening or by-pass device unless previously notified by the department of the requirement to install such devices.

(B) On January 1 of each even-numbered year, the department shall notify each person responsible for a diversion included in the first 250 diversions on the priority listing. However, the department is not required to notify in a subsequent year any person previously notified. The department shall include with such notification information regarding the fish screening cost-sharing program.

(C) Before any person is required to install a screening or by-pass device, the department shall confirm the need for the device through a visual, on-site inspection by appropriate staff of the fish screening division of the department, or a district biologist of the department.

(15) As used in this section:

(a) “Behavioral barrier” means a system that utilizes a stimulus to take advantage of natural fish behavior to attract or repel fish. A behavioral barrier does not offer a physical impediment to fish movement, but uses such means as electricity, light, sound or hydraulic disturbance to move or guide fish.

(b) “Body of water” includes but is not limited to irrigation ditches, reservoirs, stock ponds and other artificially created structures or impoundments.

(c) “By-pass device” means any pipe, flume, open channel or other means of conveyance that transports fish back to the body of water from which the fish were diverted but does not include fishways or other passages around a dam.

(d) “Fish screen” means a screen, bar, rack or other barrier, including related improvements necessary to ensure its effective operation, to provide adequate protection for fish populations present at a water diversion.

(e) “Major maintenance” means all maintenance work done on a screening or by-pass device other than minor maintenance.

(f) “Minor maintenance” means periodic inspection, cleaning and servicing of screening or by-pass devices at such times and in such manner as to ensure proper operation of the screening or by-pass device.

(g) “Person” means any person, partnership, corporation, association, municipal corporation, political subdivision or governmental agency.

(h) “Screening device” means a fish screen or behavioral barrier. [1991 c.858 §2; 1993 c.478 §4; 1995 c.426 §1; 2005 c.22 §370; 2007 c.625 §1]

498.310 [Repealed by 1973 c.723 §130]

498.311 [Formerly 498.248; repealed by 2007 c.625 §16]

498.315 [Repealed by 1973 c.723 §130]

498.316 Exemption from screening or by-pass devices. 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 determines is adequate for the protection of the game fish in the body of water from which water is being diverted. [Formerly 498.262; 2007 c.625 §6]

498.321 Screening or by-pass standards. (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) Standards and criteria shall address the overall level of protection necessary at a given water diversion and may not favor one technology or technique over another.

(b) Standards and criteria shall take into account at least the following factors relating to the fish populations present at a water diversion:

(A) The source of the population, whether native or introduced and whether hatchery or wild.

(B) The status of the population, whether endangered, threatened or sensitive.

(c) Standards and criteria may take into account the cumulative effects of other water diversions on the fish populations being protected.

(d) Design and engineering recommendations shall consider cost-effectiveness.

(e) Alternative design and installation proposals must be approved if they can be demonstrated to provide an equal level of protection to fish populations as those recommended by the department.

(2) In order to maximize effectiveness and promote consistency relating to the protection of fish at nonhydroelectric water diversions, the department shall establish a single organizational entity to administer all agency activities related to fish screening and by-pass devices.

(3) The department shall emphasize cooperative effort and mutual understanding with those responsible for water diversions that need fish screening or by-pass devices.

(4) The department shall aggressively investigate and encourage the development of new technologies and techniques to provide protection for fish populations at water diversions in order to reduce initial costs, reduce operating costs and improve cost-effectiveness. [1993 c.478 §3; 2005 c.22 §371]

498.326 Department guidelines for screening and by-pass projects; expenditure of funds. (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 maintaining the fish screening and by-pass devices.

(2) Nothing in subsection (1) of this section is intended to prevent the State Department of Fish and Wildlife from expending federal or other funds if such funds become available for the installation and maintenance of fish screening and by-pass projects. [Formerly 498.256]

Note: 498.326 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 498 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

498.331 [1993 c.478 §11; 1995 c.426 §18; 2001 c.822 §9; repealed by 2007 c.625 §16]

498.336 Statutes not construed to limit ability to acquire funding for screening or by-pass devices. 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 acceptance of any federal funds available for the installation, operation, maintenance, improvement or repair of screening or by-pass devices on water diversions in this state. [Formerly 498.276; 2001 c.923 §6; 2007 c.625 §9]

498.341 Additional funding. 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 of Fish and Wildlife may provide financial assistance for construction and installation of screening or by-pass devices on additional water diversions. [1993 c.478 §8; 2001 c.822 §10; 2005 c.22 §372; 2007 c.625 §7]

498.346 Injunction to require compliance with screening or by-pass requirements. 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 in which any such violations are threatened has jurisdiction of the suit authorized by this section. [Formerly 498.274; 2001 c.923 §7; 2007 c.625 §8]

498.351 [Formerly 498.268; repealed by 2001 c.923 §21]

OUTDOOR CLUB REGULATION

498.400 Definitions for ORS 498.400 to 498.464. 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 profit that:

(a) Conducts, or under whose authority is conducted, hunting or angling or both hunting and angling activities exclusively for its members and their guests; and

(b) Engages in promotional plan activities for the sale of membership in such club.

(3) “Promotional plan” includes, but is not limited to advertising. [1973 c.749 §2]

498.405 [Repealed by 1973 c.723 §130]

498.406 License to operate certain outdoor clubs required; promotional activities for sale of membership without license prohibited. (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 thereof and if:

(a) The members of the club are not parties to the lease; and

(b) The members of the club do not have any financial or proprietary interest in the club.

(2) No person required by subsection (1) of this section to obtain a license to operate an outdoor club shall engage in promotional plan activities for the sale of membership in the outdoor club unless the person first obtains the license. [1973 c.749 §3]

498.410 [Repealed by 1961 c.113 §2]

498.412 Application of ORS 498.406. ORS 498.406 does not apply to any landowner offering to sell recreational access to property the landowner owns. [1973 c.749 §4]

498.415 [Repealed by 1973 c.723 §130]

498.418 License application; form; fee. (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 require regarding the ownership, financial condition and operation of the club and promotional plans for sale of membership therein.

(2) The application shall be accompanied by the applicable fee under the fee schedule in ORS 497.061. [1973 c.749 §5; 2015 c.779 §31]

498.420 [Repealed by 1973 c.723 §130]

498.424 Report to commission required; suspension of license pending investigation of reported information. (1) A person who is licensed to operate an outdoor club shall report immediately to the State Fish and Wildlife Commission any material changes in the information required to be contained in the application.

(2) Upon receipt of any such report, the commission may suspend a license that has been issued for such time as the commission considers necessary to adequately investigate and approve the information submitted. [1973 c.749 §6]

498.425 [Repealed by 1961 c.113 §2]

498.430 [Amended by 1959 c.372 §1; repealed by 1973 c.723 §130]

498.432 Notice to applicant upon receipt of license application; order granting or denying license; procedure. (1) Upon receipt in proper form of an application for a license to operate an outdoor club, the State Fish and Wildlife Commission shall issue a notice of filing to the applicant. Within 30 days from the date of the notice of filing, the commission shall enter an order granting or denying the license. If the license is denied, the commission shall give the applicant notice of the reasons therefor.

(2) If an order denying a license is not entered within 60 days from the date of notice of filing of an application, a license shall be considered granted unless the applicant has consented in writing to a delay.

(3) Orders of the commission regarding the issuance, renewal, suspension or revocation of a license shall be issued and reviewed in accordance with ORS chapter 183. [1973 c.749 §7]

498.435 [Repealed by 1973 c.723 §130]

498.438 Investigatory power of commission over outdoor clubs required to be licensed. The State Fish and Wildlife Commission may cause to be investigated, to such extent as the commission considers appropriate, the activities and operations of an outdoor club for which a license to operate has been received, previously granted or previously denied. The commission’s power to investigate includes, but is not limited to:

(1) Contracting for investigative services with, and receiving information and recommendations from, any other agency or political subdivision of this state, another state or of the United States.

(2) Making on-site inspections of all lands upon which outdoor club activities are to be conducted. [1973 c.749 §8]

498.440 [Repealed by 1961 c.113 §2]

498.444 Information developed in licensing process as public record. Each application to the State Fish and Wildlife Commission for a license to operate an outdoor club, all information submitted with the application, and all information obtained by the commission through investigation of applications, is a public record. [1973 c.749 §9]

498.445 [Amended by 1961 c.113 §1; repealed by 1973 c.723 §130]

498.450 [Repealed by 1973 c.723 §130]

498.452 Grounds for denial or revocation of license. The State Fish and Wildlife Commission may refuse to issue or renew a license to operate an outdoor club, or may revoke a license that has been previously issued if the commission finds:

(1) Failure by the outdoor club or person advertising the sale of membership in the outdoor club to comply with the provisions of ORS 498.400 to 498.464 and 498.993 or any rule promulgated pursuant thereto;

(2) That the promotional plan for the sale of outdoor club membership is false, deceptive or misleading, or that the promotional plan for the sale of membership is not in conformity with the plan submitted with the license application and approved by the commission;

(3) That any land upon which it has been represented that outdoor club activities are to be conducted is unsuitable for the purposes for which represented;

(4) That any obligation, guaranty or warranty to members of the club by the outdoor club that was included in the promotional plan for the sale of membership or in the contract or other documents relating to membership is not being fulfilled or that adequate financial arrangements to secure performance of such obligations, guaranties or warranties has not been made; or

(5) That the proposed outdoor club activities would have adverse effect upon existing wildlife populations or habitat or upon wildlife-oriented recreation. [1973 c.749 §10]

498.455 [Repealed by 1961 c.113 §2]

498.458 Term of license; renewal fee. A license to operate an outdoor club expires one year from the date of its issuance. A person who desire to renew a license shall submit an application therefor to the State Fish and Wildlife Commission, together with a fee of $100. The application shall be in such form, contain such information and be submitted at such time as the commission prescribes. [1973 c.749 §11]

498.460 [Repealed by 1973 c.723 §130]

498.464 Commission authority to restrain violations of outdoor club laws. (1) Whenever the State Fish and Wildlife Commission has cause to believe that any person is engaged in or is about to engage in any acts or practices that constitute a violation of ORS 498.400 to 498.464 and 498.993, or any rule promulgated pursuant thereto, that requires immediate action to protect the wildlife resources of this state, the commission shall institute actions or proceedings for legal or equitable remedies to restrain the violation or threatened action.

(2) The actions or proceedings authorized by subsection (1) of this section may be instituted without necessity of a prior administrative proceeding, or at any time during an administrative proceeding if a proceeding has been commenced. [1973 c.749 §12; 1979 c.284 §160]

498.465 [1957 c.251 §1; repealed by 1973 c.723 §130]

SAGE GROUSE

498.500 Mitigation of adverse effects on core area habitat; policy. (1) To assist persons with meeting the requirements of this state and local and federal governments concerning the mitigation of the adverse effects that a proposed action may have on core area habitat of sage grouse, the State Department of Fish and Wildlife, after consultation with interested local and tribal governments, state and federal agencies and private organizations, may develop and administer a uniform policy for mitigating the adverse effects that the proposed actions may have on core area habitat of sage grouse.

(2) If the department develops a mitigation policy under this section, the policy may include:

(a) Provisions for the recognition or establishment of mitigation banks; and

(b) Any other framework, criteria or goals developed to facilitate the mitigation of the adverse effects that a proposed action may have on core area habitat of sage grouse in a manner that ensures a landscape approach to the conservation of sage grouse.

(3) If the department develops a mitigation policy under this section, the policy must:

(a) Provide that the department review, at least once every five years, the mapping by the department of core area habitat of sage grouse and revise the mapping, if necessary, to account for any new and substantial biological information; and

(b) Ensure that any use of a mitigation bank or other mitigation framework provided for under the policy does not result in a net loss of either the quality or quantity of sage grouse habitat and provides a net benefit to the quality or quantity of sage grouse habitat.

(4) If the department develops a mitigation policy under this section for the purpose of benefiting sage grouse as a result of a listing as a sensitive, threatened or endangered species under ORS 496.171 to 496.182, or a listing as a candidate, threatened or endangered species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et seq.), the policy shall ensure, to the greatest extent practicable, that any use of land, water or other natural resources occurring in a habitat identified as part of a mitigation bank or other mitigation framework developed under the policy may continue after the department identifies the habitat as part of a mitigation bank or other mitigation framework.

(5)(a) Subsections (1) to (4) of this section do not affect the ability of a person to develop a proposal under ORS 498.502 for off-site mitigation or a mitigation bank in order to meet the requirements of this state and local and federal governments concerning the mitigation of the adverse effects that a proposed action by the person may have on core area habitat of sage grouse.

(b) Any proposal for off-site mitigation or a mitigation bank developed under this section and ORS 498.502 must not result in a net loss of either the quality or quantity of sage grouse habitat and must provide a net benefit to the quality or quantity of sage grouse habitat. [2013 c.710 §1]

Note: 498.500 and 498.502 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 498 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

498.502 Actions that affect core area habitat; reports; orders; rules. (1) Subject to and consistent with the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et seq.) and notwithstanding any provision of ORS 496.171 to 496.182:

(a) If a person applies for a permit, license, authorization or other form of permission required by law from a state agency for a proposed action that may affect core area habitat of sage grouse, the person may file with the State Department of Fish and Wildlife, at any time before or after the commencement of the relevant permitting, licensing, authorization or other form of permission process, a report that uses the best scientific and commercial data available to provide a description of the proposed action and its possible effects on the habitat.

(b) The report described in this section must describe the core area habitat of sage grouse affected by the proposed action, specify whether the habitat is essential and irreplaceable and provide proposals for off-site mitigation or a mitigation bank.

(c)(A) Within 60 days after the filing of the report described in this section, the department shall evaluate whether the proposals specified in the report result in a net loss of either the quality or quantity of sage grouse habitat and provide a net benefit to the quality or quantity of sage grouse habitat.

(B)(i) If the department concludes that the proposals specified in the report do not result in a net loss of either the quality or quantity of sage grouse habitat and do provide a net benefit to the quality or quantity of sage grouse habitat, the department shall issue an order finding that the core area habitat of sage grouse affected by the proposed action is not irreplaceable. The department may not thereafter reverse or modify the order except pursuant to a judgment of a court.

(ii) If the department concludes that the proposals specified in the report result in a net loss of either the quality or quantity of sage grouse habitat and do not provide a net benefit to the quality or quantity of sage grouse habitat, a person affected by the action may request a contested case hearing before the State Fish and Wildlife Commission, to be conducted as provided in ORS chapter 183.

(2) The provisions of this section apply to a site certificate for an energy facility described in ORS 469.300 (11)(a)(F), but do not apply to a site certificate for any other facility under the provisions of ORS 469.300 to 469.563.

(3) The commission may adopt rules to carry out the provisions of this section. [2013 c.710 §2]

Note: See note under 498.500.

498.504 Sage Grouse Mitigation Program In-Lieu Fee Fund. (1) The Sage Grouse Mitigation Program In-Lieu Fee Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Sage Grouse Mitigation Program In-Lieu Fee Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Department of Fish and Wildlife for supporting efforts to restore, protect, enhance or increase habitat for sage grouse. Expenditures from the fund may include but are not limited to expenditures for related administrative costs, related research or assessment activities or insurance for sage grouse habitat.

(2) The fund shall consist of moneys received by the department as fees in lieu of compensatory mitigation, pursuant to department rules adopted to implement the Oregon Sage-Grouse Action Plan and Executive Order 15-18 issued on September 16, 2015.

(3) Except as provided in this subsection, fund moneys may be deposited in the Oregon Short Term Fund established under ORS 293.728. Subject to approval by the State Treasurer, all or part of Sage Grouse Mitigation Program In-Lieu Fee Fund moneys may be placed in an investment pool designed for intermediate-term investment, as provided by ORS 293.701 to 293.857. Earnings from the investment of fund moneys shall be credited to the fund. [2021 c.48 §1]

Note: 498.504 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 498 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

498.505 [Repealed by 1973 c.723 §130]

498.510 [Amended by 1965 c.73 §1; repealed by 1973 c.723 §130]

498.515 [Repealed by 1973 c.723 §130]

498.520 [Repealed by 1973 c.723 §130]

498.525 [Repealed by 1973 c.723 §130]

498.530 [Repealed by 1973 c.723 §130]

498.535 [Repealed by 1973 c.723 §130]

498.540 [Repealed by 1973 c.723 §130]

498.545 [Repealed by 1973 c.723 §130]

498.550 [Repealed by 1973 c.723 §130]

498.555 [Repealed by 1973 c.723 §130]

498.560 [Repealed by 1973 c.723 §130]

498.565 [Repealed by 1973 c.723 §130]

498.570 [Repealed by 1973 c.723 §130]

498.575 [Amended by 1967 c.594 §5; 1971 c.359 §1; repealed by 1973 c.723 §130]

498.577 [1959 c.341 §1; 1963 c.295 §1; repealed by 1973 c.723 §130]

498.580 [Repealed by 1973 c.723 §130]

498.585 [Repealed by 1973 c.723 §130]

498.590 [Repealed by 1973 c.723 §130]

498.605 [Repealed by 1973 c.723 §130]

498.610 [Repealed by 1973 c.723 §130]

498.615 [Repealed by 1973 c.723 §130]

498.620 [Repealed by 1973 c.723 §130]

498.625 [Amended by 1959 c.529 §3; repealed by 1973 c.723 §130]

498.630 [Repealed by 1969 c.15 §1]

498.635 [Amended by 1955 c.78 §1; repealed by 1973 c.723 §130]

498.640 [Amended by 1955 c.62 §1; repealed by 1973 c.723 §130]

498.641 [1955 c.507 §1; 1959 c.235 §1; repealed by 1973 c.723 §130]

498.645 [Repealed by 1955 c.65 §2]

498.646 [1955 c.65 §1; repealed by 1973 c.723 §130]

498.650 [Repealed by 1973 c.723 §130]

498.655 [1965 c.201 §1; repealed by 1973 c.723 §130]

498.660 [1965 c.201 §§2,3; repealed by 1973 c.723 §130]

498.665 [1965 c.201 §4; repealed by 1973 c.723 §130]

498.705 [Repealed by 1973 c.723 §130]

498.710 [Repealed by 1973 c.723 §130]

498.715 [Repealed by 1973 c.723 §130]

498.720 [Repealed by 1973 c.723 §130]

498.725 [Repealed by 1973 c.723 §130]

498.730 [Amended by 1955 c.707 §44; 1965 c.167 §1; repealed by 1973 c.723 §130]

498.732 [1955 c.707 §46; repealed by 1973 c.723 §130]

498.735 [Amended by 1955 c.707 §47; repealed by 1973 c.723 §130]

498.740 [Amended by 1955 c.707 §48; repealed by 1973 c.723 §130]

498.745 [Repealed by 1973 c.723 §130]

498.750 [Repealed by 1973 c.723 §130]

498.805 [1961 c.663 §1; repealed by 1973 c.723 §130]

498.810 [1961 c.663 §§2,3; repealed by 1973 c.723 §130]

498.815 [1961 c.663 §§4,5,6; repealed by 1973 c.723 §130]

498.820 [Formerly 498.025; repealed by 1973 c.723 §130]

OREGON HATCHERY RESEARCH CENTER

498.825 Oregon Hatchery Research Center Board. (1) There is established the Oregon Hatchery Research Center Board within the State Department of Fish and Wildlife. The board shall consist of 15 members, including 12 voting members appointed by the State Fish and Wildlife Director under subsection (3) of this section and three nonvoting members specified in subsection (4) of this section. Members of the board must be residents of this state who are well informed on matters related to fish management policy and scientific research and who demonstrate an interest in research related to the propagation of fish in hatcheries.

(2) In making appointments under subsection (3) of this section, the director shall consult with organizations that represent or that are engaged in the same interests as those interests that appointees to the board are required to represent, and shall take into consideration nominations or recommendations of persons for appointment as members of the board that are received in the course of the consultation required by this subsection.

(3) The 12 voting members appointed by the director shall be representative of each of the following interests:

(a) One member shall represent the Oregon Salmon Commission established under ORS 576.062.

(b) One member shall represent the Columbia River gillnet salmon fishery established under ORS 508.775 to 508.796.

(d) Two members shall represent statewide sport angling organizations.

(e) One member shall represent the agricultural industry.

(f) One member shall represent coastal ports.

(g) One member shall represent the forest products industry.

(h) One member shall represent the independent scientific community and have scientific background related to fish management and the propagation of fish in hatcheries.

(i) One member shall represent fish habitat restoration interests and have experience in the management or implementation of habitat restoration projects.

(j) One member shall represent Oregon Indian tribes, to be appointed by the director after consultation with the Commission on Indian Services.

(4) In addition to the members appointed under subsection (3) of this section, the director shall:

(a) Appoint the following two nonvoting members of the board who have a background in fish management and the propagation of fish in hatcheries:

(A) One member to represent the State Department of Fish and Wildlife.

(B) One member to represent Oregon State University.

(b) Invite a representative of agencies of the federal government related to fish management to serve as a nonvoting member of the board.

(5) The term of office of each member is four years, but a member serves at the pleasure of the director. Before the expiration of the term of a member, the director shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the director shall make an appointment to become immediately effective for the unexpired term.

(6) A member of the board is not entitled to compensation under ORS 292.495. At the discretion of the board, board members may be reimbursed from funds available to the board for actual and necessary travel and other expenses incurred by members of the board in the performance of their official duties, subject to the limits described in ORS 292.495. [2013 c.664 §1; 2017 c.173 §1]

Note: 498.825 to 498.833 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 498 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

498.827 Duties of Oregon Hatchery Research Center Board. The Oregon Hatchery Research Center Board shall report to the Director of the Oregon Hatchery Research Center and shall:

(1) Establish strategic directions and operational objectives for the Oregon Hatchery Research Center located on Fall Creek, near Alsea, consistent with ORS 496.275.

(2) Develop, after consultation with the Director of the Oregon Hatchery Research Center, Oregon State University and the State Department of Fish and Wildlife, the proposed operating budget for the center.

(3) Recommend research projects for the Oregon Hatchery Research Center and issue requests for research proposals as needed to carry out the activities of the Oregon Hatchery Research Center specified in ORS 498.831.

(4) Review and prioritize all research proposals submitted to the Oregon Hatchery Research Center before research takes place and prioritize the research according to whether the research is consistent with the strategic directions and operational objectives specified in subsection (1) of this section and with the activities of the Oregon Hatchery Research Center specified in ORS 498.831.

(5) Make recommendations, as needed, regarding how the research projects at the Oregon Hatchery Research Center may be enhanced to meet the strategic directions and operational objectives specified in subsection (1) of this section and the activities specified in ORS 498.831.

(6) On or before February 1 of each calendar year, report to the Legislative Assembly in the manner required by ORS 192.245, and to the State Fish and Wildlife Director and the State Fish and Wildlife Commission, regarding the findings of research projects carried out by the Oregon Hatchery Research Center and any recommendations regarding current hatchery management practices based on the research projects. The Director of the Oregon Hatchery Research Center shall post the report on the center’s website for public access. [2013 c.664 §3]

Note: See note under 498.825.

498.829 Officers; quorum; meetings. (1) The Oregon Hatchery Research Center Board shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the board determines.

(2) A majority of the voting members of the board constitutes a quorum for the transaction of business.

(3) The board shall meet at least once every three months at a place, day and hour determined by the board. The board may also meet at other times and places specified by the call of the chairperson or of a majority of the members of the board. [2013 c.664 §4]

Note: See note under 498.825.

498.831 Oregon Hatchery Research Center; activities. (1) The hatchery research center located on Fall Creek, near Alsea, is named the Oregon Hatchery Research Center.

(2) Pursuant to the strategic directions and operation objectives established by the Oregon Hatchery Research Center Board under ORS 498.827, the center shall carry out the following activities:

(a) Conduct research that assists in the implementation and advancement of native fish population recovery as well as viable fisheries.

(b) Conduct research on methods to minimize the genetic and ecological risks to naturally produced native fish when hatchery produced fish are released in the waters of this state for population recovery or consumptive fishery objectives.

(c) Conduct research to determine the genetic and ecological risk to naturally produced native fish when wild native broodstock hatchery produced native fish are released into the waters of this state.

(d) Conduct research to determine the effect of hatchery operations on naturally produced native fish and the habitat of naturally produced native fish.

(e) Provide educational and research opportunities for undergraduate students, graduate students and post-graduate students.

(f) Provide educational opportunities for the public and for students in grades 1 through 12.

(g) Consider any recommendations made by the Oregon Hatchery Research Center Board pursuant to ORS 498.827.

(3) The Director of the Oregon Hatchery Research Center shall post information about the research specified in subsection (2) of this section on the center’s website for public access.

(4) As used in this section, “waters of this state” has the meaning given that term in ORS 196.800. [2013 c.664 §5]

Note: See note under 498.825.

498.833 Oregon Hatchery Research Center; director. The State Fish and Wildlife Director, after consultation with the chairperson of a department related to fish and wildlife at Oregon State University and the Oregon Hatchery Research Center Board established under ORS 498.825, shall appoint a Director of the Oregon Hatchery Research Center. [2013 c.664 §6]

Note: See note under 498.825.

(Temporary provisions relating to hatchery research funding)

Note: Sections 1, 7 and 8, chapter 734, Oregon Laws 2015, provide:

Sec. 1. (1) The Oregon Hatchery Research Center Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Hatchery Research Center Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Department of Fish and Wildlife. The fund shall consist of:

(a) All moneys received from the surcharge on angling licenses imposed by section 3, chapter 734, Oregon Laws 2015; and

(b) All moneys received from the ad valorem fee imposed by section 4, chapter 734, Oregon Laws 2015.

(2) Moneys in the fund may be expended only on research projects recommended by the Oregon Hatchery Research Center Board. [2015 c.734 §1; 2017 c.120 §1]

Sec. 7. (1) The State Department of Fish and Wildlife shall provide a financial report quarterly to the Oregon Hatchery Research Center Board showing all revenues and deposits to and transfers and expenditures from the Oregon Hatchery Research Center Fund.

(2) The department shall provide a financial report annually to the interim committees of the Legislative Assembly related to the environment and natural resources showing all revenues and deposits to and transfers and expenditures from the Oregon Hatchery Research Center Fund. [2015 c.734 §7]

Sec. 8. (1)(a) Sections 4 and 7, chapter 734, Oregon Laws 2015, are repealed on January 2, 2027.

(b) Section 3, chapter 734, Oregon Laws 2015, as amended by section 52, chapter 779, Oregon Laws 2015, is repealed on January 2, 2027.

(2) Any balance in the Oregon Hatchery Research Center Fund that is unexpended and unobligated on the date of the repeal of section 1, chapter 734, Oregon Laws 2015, and all moneys that would have been deposited in the Oregon Hatchery Research Center Fund had section 1, chapter 734, Oregon Laws 2015, remained in effect, shall be transferred to and deposited in the Hatchery Construction Fund, and are appropriated for expenditure as in the case of other moneys in the Hatchery Construction Fund. [2015 c.734 §8; 2015 c.779 §53; 2017 c.120 §3]

HATCHERY-PRODUCED FISH

498.850 Disposition of hatchery-produced fish carcasses; rules. The State Fish and Wildlife Commission shall adopt rules governing the disposition of carcasses of adult hatchery-produced fish returning to hatchery facilities that include but are not limited to requirements that:

(1) At least 45 percent of the carcasses from all adult hatchery-produced fish that return to hatchery facilities, averaged over 10 years, beginning in a year after the rules are adopted, must be retained and placed at seasonally appropriate times in natural spawning and rearing areas to enhance nutrient recycling, consistent with pathology constraints; and

(2) When selling eggs and carcasses from hatchery facilities to provide revenues to support hatchery programs and facilities, the State Department of Fish and Wildlife shall prioritize sales to, in the following order:

(a) Oregon small businesses in communities with high rates of unemployment; and

(b) Other Oregon small businesses. [2021 c.258 §2]

Note: 498.850 was added to and made a part of the wildlife laws by legislative action but was not added to ORS chapter 498 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

498.990 [Subsection (5) of 1965 Replacement Part enacted as 1953 c.184 §4; subsection (1) of 1965 Replacement Part enacted as 1955 c.506 §2; 1959 c.352 §3; 1967 c.523 §3; subsection (2) enacted as 1971 c.223 §4; repealed by 1973 c.723 §130]

498.992 [Amended by 1959 c.352 §4; repealed by 1967 c.523 §14]

PENALTIES

498.993 Penalty for violation of outdoor club laws; penalty for violation of law related to sale of certain animals as household pets. Violation of any provision of ORS 498.029 or 498.400 to 498.464 is a Class A violation, if committed by an individual. If the violation is committed by any person other than an individual, violation of any provision of ORS 498.029 or 498.400 to 498.464 is a specific fine violation punishable by a fine not to exceed $10,000. [1973 c.749 §13; 1979 c.560 §3; 1999 c.1051 §195; 2011 c.597 §90]

498.994 [Repealed by 1967 c.523 §14]

498.996 [Repealed by 1967 c.523 §14]

498.997 [1955 c.507 §2; 1959 c.235 §2; subsection (2) of 1965 Replacement Part enacted as 1965 c.201 §5; repealed by 1967 c.523 §14]

498.998 [Repealed by 1967 c.523 §14]

498.999 [1961 c.663 §7; repealed by 1967 c.523 §14]

_______________

CHAPTERS 499 AND 500

[Reserved for expansion]