Chapter 98 Oregon Laws 2003

AN ACT

HB 2799

Relating to wildlife; creating new provisions; and amending ORS 496.705.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 496.705 is amended to read:

496.705. (1) The State Fish and Wildlife Commission may institute suit for the recovery of damages for the unlawful taking or killing of any of the wildlife referred to in subsection (2) of this section that are the property of the state.

(2) The damages referred to in subsection (1) of this section shall be as follows:

(a) Each game mammal other than mountain sheep, mountain goat, elk or silver gray squirrel, [$400] $800.

(b) Each mountain sheep or mountain goat, [$3,500] $6,800.

(c) Each elk, [$750] $1,500.

(d) Each silver gray squirrel, [$10] $20.

(e) Each game bird other than wild turkey, [$10] $20.

(f) Each wild turkey, [$50] $100.

(g) Each game fish other than salmon, [or] steelhead trout, halibut or sturgeon, [$5] $10.

(h) Each salmon, [or] steelhead trout, halibut or sturgeon, [$125] $250.

(i) Each fur-bearing mammal other than bobcat or fisher, [$50] $100.

(j) Each bobcat or fisher, [$350] $700.

(k) Each specimen of any wildlife species whose survival is specified by the wildlife laws or the laws of the United States as threatened or endangered, [$500] $1,000.

(L) Each specimen of any wildlife species otherwise protected by the wildlife laws or the laws of the United States, but not otherwise referred to in this subsection, [$25] $50.

(3) In any such action, the court shall award to the prevailing party, in addition to costs and disbursements, reasonable attorney fees.

(4) Such civil damages shall be in addition to other penalties prescribed by the wildlife laws for the unlawful taking or killing of wildlife.

(5) Any circuit or justice court has jurisdiction to try any case for the recovery of damages for the unlawful taking or killing of any of the wildlife as provided by this section.

SECTION 2. The amendments to ORS 496.705 by section 1 of this 2003 Act apply to the unlawful taking or killing of wildlife that occurs on or after the effective date of this 2003 Act.

Approved by the Governor May 24, 2003

Filed in the office of Secretary of State May 27, 2003

Effective date January 1, 2004

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