Chapter 523
AN ACT
SB 804
Relating to wildlife laws; amending ORS 496.004; and declaring an
emergency.
Be It Enacted by the People of
the State of
SECTION 1. ORS 496.004 is amended to read:
496.004. As used in the
wildlife laws, unless the context requires otherwise:
(1) “Angle” means to
take or attempt to take a fish for personal use by means involving hook and
line.
(2) “Commission” means
the State Fish and Wildlife Commission created by ORS 496.090.
(3) “Compatible” means
capable of existing in harmony so as to minimize conflict.
(4) “Department” means
the State Department of Fish and Wildlife created by ORS 496.080.
(5) “Director” means the
State Fish and Wildlife Director appointed pursuant to ORS 496.112.
(6) “Endangered species”
means:
(a) Any native wildlife
species determined by the commission to be in danger of extinction throughout
any significant portion of its range within this state.
(b) Any native wildlife
species listed as an endangered species pursuant to the federal Endangered
Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended.
(7) “Fund” means the
State Wildlife Fund created by ORS 496.300.
(8) “Fur-bearing mammal”
means beaver, bobcat, fisher, marten, mink, muskrat, otter, raccoon, red fox
and gray fox.
(9) “Game mammal” means
antelope, black bear, cougar, deer, elk, moose, mountain goat, mountain sheep
and silver gray squirrel.
(10) “Hunt” means to
take or attempt to take any wildlife by means involving the use of a weapon or
with the assistance of any mammal or bird.
(11) “Manage” means to
protect, preserve, propagate, promote, utilize and control wildlife.
(12) “Optimum level”
means wildlife population levels that provide self-sustaining species as well
as taking, nonconsumptive and recreational opportunities.
(13) “Person with a
disability” means a person who complies with the requirement of ORS 496.018.
(14) “Shellfish” has the
meaning given that term in ORS 506.011.
(15) “Species” means any
species or subspecies of wildlife.
(16) “Take” means to
kill or obtain possession or control of any wildlife.
(17) “Threatened species”
means:
(a) Any native wildlife
species the commission determines is likely to become an endangered species
within the foreseeable future throughout any significant portion of its range
within this state.
(b) Any native wildlife
species listed as a threatened species pursuant to the federal Endangered
Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended.
(18) “Trap” means to
take or attempt to take any wildlife by means involving the use of a trap, net,
snare or other device used for the purpose of capture.
(19) “Wildlife” means
fish, shellfish, [wild birds,]
amphibians and reptiles, feral swine as defined by State Department of
Agriculture rule, wild birds as defined by commission rule and other wild mammals as defined by commission rule.
SECTION 2. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor June 20, 2007
Filed in the office of Secretary of State June 21, 2007
Effective date June 20, 2007
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