75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2780
House Bill 3089
Sponsored by Representatives KRIEGER, SCHAUFLER; Representatives
BARKER, BOONE, BRUUN, WEIDNER, WITT, Senator METSGER (at the
request of Oregon Anglers)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Allows State Fish and Wildlife Commission to adopt by rule
schedule of civil penalties for violations of wildlife laws.
Establishes damages for unlawful taking or killing of certain
wildlife. Specifies cases in which taking of certain wildlife is
punishable by maximum of five years' imprisonment, $125,000 fine,
or both. Changes provisions related to revocation and denial of
licenses, tags and permits.
A BILL FOR AN ACT
Relating to wildlife; creating new provisions; amending ORS
496.146, 496.705, 496.992, 497.415 and 497.441; and repealing
ORS 497.435.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 496.146 is amended to read:
496.146. In addition to any other duties or powers provided by
law, the State Fish and Wildlife Commission:
(1) May accept, from whatever source, appropriations, gifts or
grants of money or other property for the purposes of wildlife
management, and use such money or property for wildlife
management purposes.
(2) May sell or exchange property owned by the state and used
for wildlife management purposes when the commission determines
that such sale or exchange would be advantageous to the state
wildlife policy and management programs.
(3) May acquire, introduce, propagate and stock wildlife
species in such manner as the commission determines will carry
out the state wildlife policy and management programs.
(4) May by rule authorize the issuance of such licenses, tags
and permits for angling, taking, hunting and trapping and may
prescribe such tagging and sealing procedures as the commission
determines necessary to carry out the provisions of the wildlife
laws or to obtain information for use in wildlife management.
Permits issued pursuant to this subsection may include special
hunting permits for a person and immediate family members of the
person to hunt on land owned by that person in areas where
permits for deer or elk are limited by quota. As used in this
subsection, ' immediate family members' means husband, wife,
father, mother, brothers, sisters, sons, daughters, stepchildren
and grandchildren. A landowner who is qualified to receive
landowner preference tags from the commission may request two
additional tags for providing public access and two additional
tags for wildlife habitat programs. This request shall be made to
the Access and Habitat Board with supporting evidence that the
access is significant and the habitat programs benefit wildlife.
The board may recommend that the commission grant the request.
When a landowner is qualified under landowner preference rules
adopted by the commission and receives a controlled hunt tag for
that unit or a landowner preference tag for the landowner's
property and does not use the tag during the regular season, the
landowner may use that tag to take an antlerless animal, when
approved by the State Department of Fish and Wildlife, to
alleviate damage that is presently occurring to the landowner's
property.
(5) May by rule prescribe procedures requiring the holder of
any license, tag or permit issued pursuant to the wildlife laws
to keep records and make reports concerning the time, manner and
place of taking wildlife, the quantities taken and such other
information as the commission determines necessary for proper
enforcement of the wildlife laws or to obtain information for use
in wildlife management.
(6) May establish special hunting and angling areas or seasons
in which only persons less than 18 years of age or over 65 years
of age are permitted to hunt or angle.
(7) May acquire by purchase, lease, agreement or gift real
property and all appropriate interests therein for wildlife
management and wildlife-oriented recreation purposes.
(8) May acquire by purchase, lease, agreement, gift, exercise
of eminent domain or otherwise real property and all interests
therein and establish, operate and maintain thereon public
hunting areas.
(9) May establish and develop wildlife refuge and management
areas and prescribe rules governing the use of such areas and the
use of wildlife refuge and management areas established and
developed pursuant to any other provision of law.
(10) May by rule prescribe fees for licenses, tags, permits and
applications issued or required pursuant to the wildlife laws,
and user charges for angling, hunting or other recreational uses
of lands owned or managed by the commission, unless such fees or
user charges are otherwise prescribed by law. Except for licenses
issued pursuant to subsection (14) of this section, no fee or
user charge prescribed by the commission pursuant to this
subsection shall exceed $100.
(11) May enter into contracts with any person or governmental
agency for the development and encouragement of wildlife research
and management programs and projects.
(12) May perform such acts as may be necessary for the
establishment and implementation of cooperative wildlife
management programs with agencies of the federal government.
(13) May offer and pay rewards for the arrest and conviction of
any person who has violated any of the wildlife laws. No such
reward shall exceed $100 for any one arrest and conviction.
(14) May by rule prescribe fees for falconry licenses issued
pursuant to the wildlife laws, unless such fees are otherwise
prescribed by law. Fees prescribed by the commission pursuant to
this subsection shall be based on actual or projected costs of
administering falconry regulations and shall not exceed $250.
(15) May establish special fishing and hunting seasons and bag
limits applicable only to persons with disabilities.
(16) May adopt optimum populations for deer and elk consistent
with ORS 496.012. These population levels shall be reviewed at
least once every five years.
(17) Shall establish a preference system so that individuals
who are unsuccessful in controlled hunt permit drawings for deer
and elk hunting have reasonable assurance of success in those
drawings in subsequent years.
(18) May sell advertising in State Department of Fish and
Wildlife publications, including annual hunting and angling
regulation publications.
(19) May, notwithstanding the fees required by ORS 497.112,
provide free hunting tags to an organization that sponsors
hunting trips for terminally ill children.
(20) Shall, after consultation with the State Department of
Agriculture, adopt rules prohibiting the use of the World Wide
Web, other Internet protocols or broadcast or closed circuit
media to remotely control a weapon for the purpose of hunting any
game bird, wildlife, game mammal or other mammal. The rules may
exempt the State Department of Fish and Wildlife or agents of the
department from the prohibition.
{ + (21) May adopt rules establishing a schedule of civil
penalties, not to exceed $___ per violation, for violations of
provisions of the wildlife laws or rules adopted by the
commission under the wildlife laws. Civil penalties established
under this subsection must be imposed in the manner provided by
ORS 183.745 and must be deposited in the State Wildlife Fund
established by ORS 496.300. + }
SECTION 2. 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 - } { + are + } as follows:
(a) Each game mammal other than mountain sheep, mountain goat,
elk or silver gray squirrel { + or mule deer, blacktail deer,
whitetail deer or antelope described in paragraphs (d), (e), (f)
and (g) of this subsection + }, $800.
(b) Each mountain sheep or mountain goat, { + other than those
described in paragraphs (h) and (i) of this subsection, + }
$6,800.
(c) Each elk, { + other than those described in paragraph (j)
of this subsection, + } $1,500.
{ + (d) Each mature mule deer with at least four points on
one antler, $7,500.
(e) Each mature blacktail deer with at least three points on
one antler, $7,500.
(f) Each mature whitetail deer, other than the Columbia
whitetail deer, with at least four points on one antler, $7,500.
(g) Each mature antelope with at least one horn equal to or
greater than 14 inches, $7,500.
(h) Each mature mountain sheep that has at least one horn equal
to or greater than one half curl, $25,000.
(i) Each mature mountain goat that has at least one horn equal
to or greater than five inches, $25,000.
(j) Each mature elk with at least five points on one antler,
$15,000. + }
{ - (d) - } { + (k) + } Each silver gray squirrel, $20.
{ - (e) - } { + (L) + } Each game bird other than wild
turkey, $20.
{ - (f) - } { + (m) + } Each wild turkey, $100.
{ - (g) - } { + (n) + } Each game fish other than salmon,
steelhead trout, halibut or sturgeon, $10.
{ - (h) - } { + (o) + } Each salmon, steelhead trout
{ - , - } { + or + } halibut or sturgeon { + other than those
described in paragraph (p) of this subsection + }, $250.
{ + (p) Each sturgeon, as specified in rule adopted by the
commission, $1,000. + }
{ - (i) - } { + (q) + } Each fur-bearing mammal other than
bobcat or fisher, $100.
{ - (j) - } { + (r) + } Each bobcat or fisher, $700.
{ - (k) - } { + (s) + } 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, $1,000.
{ - (L) - } { + (t) + } 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, $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 3. ORS 496.992 is amended to read:
496.992. (1) Except as otherwise provided by ORS 153.022 and
other law, violation of any provision of the wildlife laws, or
any rule promulgated pursuant thereto, is a Class A misdemeanor
when the offense is committed with a culpable mental state as
defined in ORS 161.085. If the defendant is sentenced to pay a
fine, failure to pay the fine, or any portion thereof, shall be
treated as provided in ORS 161.685.
(2) Except as otherwise provided by ORS 153.022 and other law,
violation of any provision of the wildlife laws or any rule
promulgated pursuant thereto is punishable as a Class A violation
in the manner prescribed in ORS chapter 153 when the offense is
committed with no culpable mental state as defined in ORS
161.085.
(3) The second and each subsequent conviction within a 10-year
period for the taking of game fish with a total value of $200 or
more or the taking of antelope, black bear, cougar, deer, elk,
moose, mountain goat or mountain sheep in violation of the
wildlife laws or any rule promulgated pursuant thereto which
occurs more than one hour prior to or more than one hour
subsequent to a season established for the lawful taking of such
game mammals or game fish is a Class C felony when the offense is
committed with a culpable mental state as defined in ORS 161.085.
{ + (4) Notwithstanding subsections (1) to (3) of this
section, a person commits a Class C felony if the person
knowingly and unlawfully:
(a) Takes an elk with antlers.
(b) Takes a deer with antlers.
(c) Releases wildlife not native to Oregon.
(d) Takes an endangered species or a threatened species.
(e) Takes a raptor.
(f) Gaffs, nets or snags game fish. + }
SECTION 4. ORS 497.415 is amended to read:
497.415. (1) { - Except as provided in ORS 497.435, - } When
any person is convicted of a violation of law or any rule adopted
pursuant thereto or otherwise fails to comply with the
requirements of a citation in connection with such violation as
provided in subsection (2) of this section, the court
{ - may - } { + shall + } order the State Fish and Wildlife
Commission to revoke { - such of the - } { + all + }
licenses, tags and permits issued to that person pursuant to the
wildlife laws { - as the court considers appropriate - } .
Revocation of licenses, tags and permits is in addition to and
not in lieu of other penalties provided by law.
(2) The license, tag and permit revocation provisions of
subsection (1) of this section apply to the following persons:
(a) Any person who is convicted of a violation of the wildlife
laws, or any rule adopted pursuant thereto, or who otherwise
fails to comply with the requirements of a citation in connection
with any such offense when the base fine amount for the offense
is $50 or more.
(b) Any person who is convicted of a violation of ORS 164.245,
164.255, 164.265, 164.345, 164.354 or 164.365 committed while the
person was angling, taking shellfish, hunting or trapping or who
otherwise fails to comply with the requirements of a citation in
connection with any such offense when the base fine amount for
the offense is $50 or more.
(c) Any person who is convicted of a violation of ORS 166.630
or 166.638 committed while hunting or who otherwise fails to
comply with the requirements of a citation in connection with any
such offense when the base fine amount for the offense is $50 or
more.
(3) When a court orders the revocation of a license, tag or
permit pursuant to this section { - or ORS 497.435 - } , the
court shall take up any such licenses, tags and permits and
forward them, together with a copy of the revocation order, to
the commission. Upon receipt thereof, the commission shall cause
revocation of the appropriate licenses, tags and permits in
accordance with the court order.
(4) For purposes of the Wildlife Violator Compact:
(a) The commission shall suspend a violator's license as
defined in ORS 496.750 for failure to comply with the terms of a
citation from a party state. A copy of a report of failure to
comply from the licensing authority of the issuing state shall be
conclusive evidence. Suspension under this paragraph commences on
the date the commission issues a final order pursuant to the
provisions of ORS chapter 183 to suspend the license in this
state. The period of suspension under this paragraph is the
period provided by Oregon law or such longer period as provided
by commission rule based on the period of suspension imposed by
the party state.
(b) The commission shall revoke a violator's license as defined
in ORS 496.750 for a conviction in a party state. A report of
conviction from the licensing authority of the issuing state
shall be conclusive evidence. Revocation under this paragraph
commences on the date the commission issues a final order
pursuant to the provisions of ORS chapter 183 to revoke the
license in this state. The period of revocation under this
paragraph is the period provided by Oregon law or such longer
period as provided by commission rule based on the period of
revocation imposed by the party state.
(5)(a) No person who has had a license, tag or permit revoked
pursuant to this section for the first time shall apply for or
obtain another such license, tag or permit for the period of
{ - 24 - } { + 36 + } months from the date the court or
commission ordered the revocation.
(b) Upon having a license, tag or permit revoked for a second
time pursuant to this section, no person shall apply for or
obtain another such license, tag or permit for the period of
{ - three - } { + five + } years.
(c) Upon having a license, tag or permit revoked for a third or
subsequent time pursuant to this section, { - no - }
{ + a + } person { - shall apply for or obtain - } { + is
prohibited from applying for or obtaining + } another such
license, tag or permit { - for the period of five years - } .
(6)(a) If a person convicted of conduct described in subsection
(2) of this section does not possess at the time of conviction
those licenses, tags and permits issued pursuant to the wildlife
laws that the court would have revoked pursuant to this section,
the court shall specify by order those licenses, tags and permits
that would have been revoked and shall forward a copy of the
order to the commission. No person who is the subject of such a
court order shall apply for, possess or obtain another such
license, tag or permit for the period of { - 24 - }
{ + 36 + } months from the date of the order.
(b) Upon being the subject of a court order under this
subsection for a second time, no person shall apply for or obtain
another such license, tag or permit for the period of
{ - three - } { + five + } years.
(c) Upon being the subject of a court order under this
subsection for a third { - or subsequent - } time,
{ - no - } { + a + } person { - shall apply for or
obtain - } { + is prohibited from applying for or obtaining + }
another such license, tag or permit { - for the period of five
years - } .
SECTION 5. ORS 497.441 is amended to read:
497.441. No person who has had a license, tag or permit revoked
pursuant to ORS 497.415 { - or 497.435 - } shall engage in the
activity for which the license, tag or permit is required:
(1) During the remainder of the period for which the license,
tag or permit was issued; or
(2) During the period for which the person is prohibited by law
from applying for or obtaining another such license, tag or
permit.
SECTION 6. { + ORS 497.435 is repealed. + }
SECTION 7. { + (1) The amendments to ORS 496.705 by section 2
of this 2009 Act apply to the unlawful taking or killing of
wildlife occurring on or after the effective date of this 2009
Act.
(2) The amendments to ORS 496.992 by section 3 of this 2009 Act
apply to acts or conduct occurring on or after the effective date
of this 2009 Act.
(3) The amendments to ORS 497.415 by section 4 of this 2009 Act
apply to offenses committed on or after the effective date of
this 2009 Act.
(4) The repeal of ORS 497.435 by section 6 of this 2009 Act
does not effect the revocation of hunting licenses, tags and
permits ordered before the effective date of this 2009 Act. + }
----------