72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         House Bill 2799
 
Sponsored by Representative BROWN (at the request of Oregon
  Hunters Association)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
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.
 
 
 
 
Enrolled House Bill 2799 (HB 2799-INTRO)                   Page 1
 
 
 
  (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. + }
                         ----------
 
 
Passed by House March 24, 2003
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate April 18, 2003
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2799 (HB 2799-INTRO)                   Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2799 (HB 2799-INTRO)                   Page 3