Oregon Revised Statutes
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. No person shall angle for, take, hunt or trap, or assist another in angling for, taking, hunting o…
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.
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 …
As used in this section: “Chronic depredation”: 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 Has the meaning given that term by the comm…
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 Wildl…
As used in this section: “Chronic wasting disease” means a type of spongiform encephalopathy that is transmissible among cervids and typified by chronic and fatal weight loss. “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. The Legisla…
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. …
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.” 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.
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. Except as provided in paragraphs (b) and (c) of this subsection, and notwithstanding any other provision …
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 thr…
No person shall offer for sale, trade, barter or exchange as a household pet any fox, skunk or raccoon. 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 p…
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.
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.
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. 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: Utilized in farm use, as defined in ORS 3…
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: From the carcass of any game mammal or game bird, the head, antlers, horns, hide or plumage. From the carcass of a black bear or cougar, the paws, gallbladder, sex organs or bones. From…
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.
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. 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 Revise…
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.
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.
As used in this section: “Beaver” means a member of the species Castor canadensis. “Forestland” has the meaning given that term in ORS 527.620. 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 be…
As used in this section: “Beaver” means a member of the species Castor canadensis. “Forest practices” has the meaning given that term in ORS 527.620. “Forestland” has the meaning given that term in ORS 527.620. “Small forestland” means forestland whose owner owns or holds common ownership interest in less than 5,000 acres of forestland in this state. No…
As used in this section: “Forestland” has the meaning given that term in ORS 527.620. “Small forestland” has the meaning given that term in ORS 498.062. 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). A person that trap…
As used in this section: “Human-constructed water conveyance infrastructure”: Means infrastructure built by a human to move water from a source to a place of use. Does not mean a section of a river or stream that is used to convey water between an upstream ditch or pipeline to a downstream ditch or pipeline inlet. “Nonlethal coexistence measure”: Means …
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. The commission shall review and update the list of prohibited species as the commission deems necessary to protect against significant ri…
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. 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 purpo…
HUNTING AND TRAPPING RESTRICTIONS
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. If a dog that is found unlawfully hunting, running or tracking any game mammal or game bird is w…
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.
No person shall use any live bird as a target for the purpose of competitive shooting.
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 lawfu…
A person may not: Hunt game mammals or game birds from or with the aid of an aircraft. Transmit from an aircraft to a person not in the aircraft information regarding the location of any game mammals or game birds. Otherwise use an aircraft to assist another person in hunting or locating game mammals or game birds for the purpose of hunting. A person may…
The State Fish and Wildlife Commission shall adopt rules prohibiting the use of drones for the following purposes related to the pursuit of wildlife: Angling; Hunting; Trapping; Aiding angling, hunting or trapping through the use of drones to harass, track, locate or scout wildlife; and Interfering in the acts of a person who is lawfully angling, huntin…
Except as provided in subsection (2) of this section, a person may not hunt wildlife from a motor-propelled vehicle. 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. Nothing in the wildlife laws, or rul…
Except as provided in subsection (2) of this section, no person shall hunt wildlife with the aid of any artificial light. 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.
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. Subsection (1) of this section do…
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. An agreement shall restrict the types and uses of motor-propelled ve…
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.
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: The date, place and nature of the charge. The time and place for defendant’s appearance in court. The name of the issuing officer. The license …
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, exce…
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. No hunting or trapping shall be allowed on any lands within the boundaries of any city, public park or on any school lands unless: The governing body or other age…
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. 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 off…
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. 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 …
A person who does not have a visual impairment and who accompanies a hunter who possesses a visually impaired hunter license may: Assist the hunter in selecting a game animal or bird; Assist the aiming or sighting of a firearm; Advise the hunter when to fire a firearm; Shoot a game animal or bird on behalf of the hunter while in the immediate presence of…
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. 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. Note: 498.172 was added to and made a part of the wildlife laws by leg…
A person may not offer for sale or sell a hunt for feral swine on public or private lands. 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. The State Fish and Wildlife Commission may impose a …
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. 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 re…
ANGLING RESTRICTIONS; FISH PROTECTIVE PROVISIONS
Except as the State Fish and Wildlife Commission by rule may provide otherwise, no person shall: Use in any body of water any electric current that may attract, frighten, retard, stun, kill or obstruct the movement of any game fish. Place in any body of water any foreign substance such as blood or fish offal or any gas, chemical, drug or powder that may at…
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.
No person shall: Transport any live fish unless the person has first obtained a permit therefor from the State Fish and Wildlife Commission. 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. The commission may refuse to …
Except as provided in subsection (2) of this section: 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. No per…
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. Rules adopted under subsection (1) of this section shall not apply to live aquaria species imported or transported for aquaria use u…
Except as provided in subsections (2) and (3) of this section, no person shall possess any live fish of the various species: Of the family Clariidae, commonly known as walking catfish; or Of the subfamily Serrasalminae of the family Characidae, commonly known as caribe or piranha. A public park, zoo, museum or educational institution may possess any of th…
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. Activities authorized under the permits shall not include the killing, trapping or other taking of corm…
As used in this section: “Shark fin” means the raw or dried fin or tail of a shark. “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. A person may not possess, sell or offer for sale, trade or distribute a shark fin in this sta…
ANGLING CONTESTS
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…
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. When a prize is offered that exceeds $1,000 for the …
SCREENING AND BY-PASS DEVICES FOR WATER DIVERSIONS OR OBSTRUCTIONS
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.
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 provisio…
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 fr…
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: Standards and criteria shall address the overall level of protection necessary at a given wate…
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. Nothing in subsection (1) of this …
Nothing in ORS 498.306 or 509.585 shall be construed: 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. To limit the acquisition or acceptance of any federal funds available for the installation, operation, maintenance, impr…
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 instal…
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 author…
OUTDOOR CLUB REGULATION
As used in ORS 498.400 to 498.464, unless the context requires otherwise: “Advertise” means to make public distribution by any means of communication any material relating to the sale of membership in an outdoor club. “Outdoor club” means a business entity organized for profit that: Conducts, or under whose authority is conducted, hunting or angling or bo…
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: The members of the club are not parties to the lease; and The members …
ORS 498.406 does not apply to any landowner offering to sell recreational access to property the landowner owns.
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 promot…
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. 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 adequatel…
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 appli…
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: Contracting for investi…
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.
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: 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…
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.
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 inst…
SAGE GROUSE
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…
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: 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 g…
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 res…
FISH HATCHERIES (Temporary provisions relating to hatchery monitoring and maintenance funding) Note: Sections 1, 7 and 8, chapter 734, Oregon Laws 2015, provide: Sec. 1. (1) The Oregon Hatchery Monitoring and Maintenance Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Hatchery Monitorin…
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: At least 45 percent of the carcasses from all adult hatchery-produced fish that return to hatchery facilities, averaged over 10 years, beginnin…
PENALTIES
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.
_______________ CHAPTERS 499 AND 500 [Reserved for expansion]