Oregon Law
Law as of Jan 1, 2024
Chapter contents
496.002Short title 496.004Definitions 496.005[Repealed by 1973 c.723 §130] 496.006[Formerly 497.505; 1961 c.343 §1; 1967 c.594 §1; 1971 c.658 §1; repealed by 1973 c.723 §130] 496.007“Game bird” defined 496.008[1957 c.268 §1; repealed by 1973 c.723 §130] 496.009“Game fish” defined 496.010[Amended by 1953 c.379 §2; 1957 c.250 §1; 1959 c.364 §1; 1963 c.30 §1; repealed by 1973 c.723 §130] 496.012Wildlife policy 496.015[Amended by 1959 c.578 §1; repealed by 1973 c.723 §130] 496.016Applicability of wildlife laws to commercial fishing laws 496.018Person with disability under wildlife laws 496.020[Amended by 1957 c.55 §1; 1957 c.471 §1; 1967 c.431 §1; repealed by 1973 c.723 §130] 496.025[Amended by 1965 c.149 §1; repealed by 1973 c.723 §130] 496.030[Repealed by 1973 c.723 §130] 496.032[1971 c.658 §31; repealed by 1973 c.723 §130] 496.035[Repealed by 1973 c.723 §130] 496.040[1953 c.184 §1; repealed by 1973 c.723 §130] 496.045[1953 c.184 §2; repealed by 1973 c.723 §130] 496.080State Department of Fish and Wildlife 496.085Fish Screening Task Force; qualifications of members; duties 496.090State Fish and Wildlife Commission; members; terms; qualifications; compensation and expenses 496.100[1973 c.723 §8; 1973 c.792 §20a; repealed by 1975 c.253 §40] 496.105[Repealed by 1973 c.723 §130] 496.108Commission officers; quorum; meetings 496.110[Repealed by 1973 c.723 §130] 496.112State Fish and Wildlife Director; term; compensation and expenses; delegation of commission powers to director 496.115[Repealed by 1975 c.253 §40] 496.116Delegation of rulemaking authority to director; requirements 496.118Duties and powers of director 496.120[Amended by 1967 c.290 §3; 1969 c.314 §59; repealed by 1973 c.723 §130] 496.121Authority of department to require fingerprints 496.122[1973 c.723 §10; repealed by 1975 c.253 §40] 496.124Fish Division; Wildlife Division; authority 496.125[Repealed by 1973 c.723 §130] 496.128Reports by commission 496.130[Amended by 1959 c.371 §1; 1963 c.154 §1; 1965 c.74 §1; repealed by 1973 c.723 §130] 496.132[1985 c.60 §5; repealed by 1993 c.659 §9] 496.135[Repealed by 1973 c.723 §130] 496.138Commission policies and programs; rules; public hearings; agency request budgets 496.140[Repealed by 1973 c.723 §130] 496.141Fish screening program report 496.145[Repealed by 1973 c.723 §130] 496.146Additional powers of commission; rules; fees; penalties 496.150[Repealed by 1973 c.723 §130] 496.151Allocation of nonresident tags for outfitters and guides 496.154Limitation on authority to condemn certain farm use property 496.155[Amended by 1967 c.454 §86; repealed by 1973 c.723 §130] 496.156Expenditure priority for anadromous fish management 496.158Oregon Landowner Damage Program; fee 496.160[Amended by 1971 c.658 §2; repealed by 1973 c.723 §130] 496.162Establishing seasons, amounts and manner of taking wildlife; rules 496.164Cooperation with public and private agencies for fish and wildlife management; technical information and policy recommendations; use of recommendations by state agencies 496.165[Repealed by 1973 c.723 §130] 496.166[1993 c.659 §13; renumbered 496.169 in 2015] 496.167Department recompensable assistance to agencies; tracking and statements 496.168Estimated expenses for recompensable assistance; invoices 496.169Citizen involvement for wildlife management on private lands 496.170[Amended by 1971 c.658 §3; repealed by 1973 c.723 §130] 496.171Definitions for ORS 496.171 to 496.182; applicability date 496.172Commission management authority for threatened or endangered species; rules 496.175[Amended by 1971 c.658 §4; repealed by 1973 c.723 §130] 496.176Listing species; procedure; matters to be considered; periodic review 496.180[Amended by 1971 c.658 §5; repealed by 1973 c.723 §130] 496.182Protection and conservation programs; mitigation of adverse impact on local economies; compliance by state agencies; rules 496.185[Repealed by 1973 c.723 §130] 496.190[Amended by 1963 c.154 §2; 1965 c.74 §2; repealed by 1973 c.723 §130] 496.192Effect of law on commercial forestland or other private land; effect on other laws 496.195[Amended by 1959 c.371 §2; 1961 c.343 §2; 1965 c.74 §3; 1967 c.594 §3; repealed by 1973 c.723 §130] 496.200[Repealed by 1973 c.723 §130] 496.201Department to furnish salmon for ceremonies; amount; source 496.205[Amended by 1961 c.343 §3; repealed by 1973 c.723 §130] 496.206Written request for salmon; contents; time for providing salmon 496.210[Repealed by 1973 c.723 §130] 496.211Limitation on amount and use 496.215[Repealed by 1973 c.723 §130] 496.216Disposition of salmon remaining after ceremony 496.220[Repealed by 1973 c.723 §130] 496.221ORS 496.201 to 496.221 not intended to extend Indian legal or political rights 496.225[Repealed by 1973 c.723 §130] 496.228Access and Habitat Board; qualification of members; expenses; term; meetings 496.230[1957 c.119 §2; repealed by 1973 c.723 §130] 496.232Board to make program recommendations; commission approval; report; fund expenditure qualifications; gifts and grants 496.235[Repealed by 1973 c.723 §130] 496.236Advisory councils to board; duties; no compensation or expenses for members 496.240[Amended by 1959 c.371 §3; 1963 c.154 §3; 1965 c.74 §4; repealed by 1973 c.723 §130] 496.242Access and habitat program funds 496.245[Repealed by 1973 c.723 §130] 496.246Use of public lands for hunting; requirements regarding closure of access to public lands; exceptions 496.250[Repealed by 1971 c.418 §23] 496.252Oregon Conservation and Recreation Fund 496.254Oregon Conservation and Recreation Advisory Committee 496.257Private Forest Accord Grant Program; rules 496.259Private Forest Accord Mitigation Advisory Committee 496.260[1981 c.720 §22; repealed by 2011 c.83 §24] 496.264Findings 496.265[1981 c.720 §23; 1989 c.924 §8; repealed by 2011 c.83 §24] 496.266Environmental restoration weirs; rules 496.268Fish and Wildlife Natural Climate Solutions Fund 496.270Immunity from liability for damages resulting from habitat or water quality improvement project; exceptions 496.272Wildlife Corridor Action Plan 496.273Agency assistance and advice regarding plan 496.275Salmon resource protection and restoration; review of public and private production facilities; approval of production facilities by department 496.280Findings 496.283Use of certain moneys; limitations on expenditures 496.286Restoration and Enhancement Board 496.289Duties of board; report to legislature; recommendations for programs 496.291Advisory councils; recommendations to board; consultation with councils 496.300State Wildlife Fund; sources; uses 496.303Fish and Wildlife Account; sources; subaccounts; uses 496.305[Amended by 1959 c.692 §6; 1971 c.446 §1; repealed by 1973 c.723 §130] 496.306Compensation for damage done by bear and cougar not to be paid from State Wildlife Fund 496.310[Amended by 1959 c.692 §7; repealed by 1967 c.451 §32] 496.311Limitation on size of revolving fund 496.315[Amended by 1959 c.692 §8; 1967 c.451 §23; 1971 c.446 §2; repealed by 1973 c.723 §130] 496.320[Amended by 1959 c.692 §9; 1971 c.446 §3; 1971 c.658 §6; repealed by 1973 c.723 §130] 496.325[Amended by 1971 c.446 §4; 1971 c.658 §6a; repealed by 1973 c.723 §130] 496.330[Amended by 1971 c.658 §7; repealed by 1973 c.723 §130] 496.335[Repealed by 1973 c.723 §130] 496.340Payments to counties in lieu of taxes 496.345[1959 c.692 §5; 1963 c.481 §1; part renumbered 506.345; repealed by 1971 c.446 §11] 496.350Willamette River Basin Bonneville Power Administration Stewardship Fund; sources; uses 496.375“Nongame wildlife” defined 496.380[1979 c.566 §2; 1981 c.411 §5; 1989 c.987 §21; 2007 c.822 §20; repealed by 2021 c.8 §14] 496.385Nongame Wildlife Fund 496.390Control over fund by department; use of moneys 496.405[Amended by 1971 c.658 §7a; repealed by 1973 c.723 §130] 496.410[Repealed by 1973 c.723 §130] 496.415[Amended by 1971 c.658 §8; repealed by 1973 c.723 §130] 496.420[1959 c.146 §1; repealed by 1973 c.723 §130] 496.430Definitions for ORS 496.430 and 496.435 to 496.455 496.435Policy to recover and sustain native stocks 496.440Enhancement program to be conducted by commission; objective 496.445Duties of commission 496.450Application for project; subjects for projects; conditions for approval 496.455Use of native stocks for projects; conditions 496.458Remote hatchbox program; rules 496.460Salmon and Trout Enhancement Program Advisory Committee; members; duties and powers; travel and expenses 496.465Interference with project prohibited 496.470Natural production of anadromous fish; rules; priorities 496.475Adoption of basin plans 496.480Reports on basin plans 496.490Fishing tackle program 496.505[Formerly 497.505; 1961 c.343 §1; repealed by 1973 c.723 §130] 496.510Assent to federal wildlife-restoration statute; duty of commission with regard thereto 496.515[Amended by 1971 c.658 §9; repealed by 1973 c.723 §130] 496.520[Repealed by 1973 c.723 §130] 496.525Federal fish restoration and management aid; powers of commission with regard thereto 496.550Migratory waterfowl stamps; design selection; production of stamps and art works 496.555Contract on migratory waterfowl stamp matters 496.558“Upland bird” defined 496.562Policy 496.566Contest for stamp design; sale of art works; contracts for stamp matters 496.570[1989 c.406 §7; 1999 c.667 §1; repealed by 2001 c.822 §11] 496.571Habitat conservation stamp; fees; design selection; production of stamps and art works 496.605Enforcement of wildlife laws by State Fish and Wildlife Director, deputies and peace officers 496.610State police to enforce wildlife laws; payment of expenses from wildlife fund; appointment of federal agents 496.615Commission employees to supplement state police 496.620Nonliability of law enforcement officers 496.625[Amended by 1971 c.658 §12; repealed by 1973 c.723 §130] 496.630District attorneys to prosecute criminal cases; jurisdiction of courts 496.635[Amended by 1971 c.658 §13; repealed by 1973 c.723 §130] 496.640Service of process by law enforcement personnel 496.645Arrest without warrant of violators; trial 496.650Issuance of citation to violator 496.655[Repealed by 1973 c.723 §130] 496.660[Amended by 1971 c.658 §16; 1973 c.723 §26; repealed by 1991 c.267 §1] 496.665Issuance of search warrants; places searched; use and disposition of seized property 496.670Arrests made on Sunday 496.675Seizure without warrant by law enforcement personnel 496.680Seizure of unlawful devices and unlawfully taken wildlife; forfeiture; disposition; repayment of administrative costs 496.685[Repealed by 1971 c.743 §432] 496.690Possession of wildlife as evidence of illegal taking 496.695Counseling, aiding or sharing in violation 496.700Investigating violations; summoning witnesses 496.705Damage suits for unlawful killing of wildlife; exception; jurisdiction of courts 496.710Compelling testimony in enforcement proceedings 496.715[Amended by 1959 c.530 §8; 1961 c.391 §1; 1971 c.186 §5; 1973 c.723 §34; 1981 s.s. c.3 §115; 1983 c.763 §50; 1987 c.905 §25; 1995 c.658 §107; repealed by 2011 c.597 §67] 496.716Wildlife inspection stations 496.730Legislative intent 496.731Written notification requiring removal of attractant for potentially habituated wildlife; exceptions 496.750Wildlife Law Violator Compact 496.815Definitions for ORS 496.815 to 496.825 496.820Permit or license fee 496.825Application fee; exception 496.830Penalty fee 496.835Oregon Fish and Wildlife Hydroelectric Fund 496.850Community outreach and education regarding recreational harvesting of shellfish 496.860Authorization to remove nonindigenous aquatic species 496.905[1967 c.604 §1; 1969 c.59 §1; 1971 c.388 §3; 1973 c.723 §35; 1979 c.477 §11; renumbered 153.710] 496.910[1967 c.604 §2; 1973 c.723 §36; 1979 c.477 §12; renumbered 153.705] 496.915[1967 c.604 §3; 1973 c.723 §37; renumbered 153.715] 496.920[1967 c.604 §4; 1973 c.723 §38; 1979 c.477 §13; renumbered 153.720] 496.925[1967 c.604 §5; renumbered 153.725] 496.927[1977 c.350 §2; 1979 c.477 §14; renumbered 153.730] 496.930[1967 c.604 §6; renumbered 153.745] 496.935[1967 c.604 §7; renumbered 153.750] 496.940[1967 c.604 §8; renumbered 153.755] 496.945[1967 c.604 §9; renumbered 153.760] 496.950[1967 c.604 §10; renumbered 153.765] 496.951[1995 c.545 §4; 1997 c.19 §1; 1999 c.1051 §105; 2010 c.107 §§21,23; repealed by 2011 c.597 §67] 496.990[Amended by 1967 c.523 §1; repealed by 1973 c.723 §130] 496.992Penalties; revocation; forfeiture 496.994Obstructing the taking of wildlife prohibited 496.996Attempts to take wildlife decoy as unlawful wildlife taking

Chapter 496 — Application, Administration and Enforcement of Wildlife Laws GENERAL PROVISIONS 496.148 Payment by credit card; fee; rules

ORS 496.116 Delegation of rulemaking authority to director; requirements

(1)

In exercising any authority to adopt administrative rules delegated by the State Fish and Wildlife Commission under ORS 496.112, the State Fish and Wildlife Director shall comply with the requirements of ORS 496.138.

(2)

Notwithstanding ORS 183.400, for any rule adopted by the director pursuant to subsection (1) of this section, before a person may petition the Court of Appeals to determine the validity of the rule, the person shall first request that the State Fish and Wildlife Commission determine the validity of the rule. The determination of the commission may be reviewed in accordance with ORS 183.400.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.