Chapter 497 — Licenses
and Permits
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
2011 EDITION
LICENSES AND PERMITS
WILDLIFE
GENERAL PROVISIONS
497.002 “Resident”
and “nonresident” defined
497.006 Certain
persons as residents for licensing purposes
497.012 Validity
of licenses on Snake River
497.014 Validity
of licenses in Pacific Ocean or Columbia River; rules
497.016 Term
of licenses, tags and permits
497.022 Issuance
of licenses, tags or permits by commission agents; fees
497.026 Duty
of license agents to remit funds; rules
497.032 Duplicate
licenses, tags and permits; fee
497.036 Inspection
of licenses, tags, permits and wildlife
497.041 Applications
for licenses, tags and permits to include certain statement for applicant
attestation
LICENSE, TAG AND PERMIT REQUIREMENTS AND
FEES
497.071 Dedication
of certain license, tag and permit fee increases
497.075 General
license, tag and permit requirements; exemptions
497.079 Open
fishing and shellfish taking day
497.102 Hunting
license and permit fees
497.112 Hunting
tags; fees; restrictions; rules
497.121 Angling
and shellfish licenses and tags; fees
(Temporary provisions relating to
surcharges through 2019 are compiled as notes following ORS 497.121)
497.123 Hatchery
harvest tag rules
497.124 Angling
license surcharges
497.132 Combined
licenses for residents; fee
497.134 Voluntary
contributions
497.136 Uses
of certain fee increases
497.138 License
surcharges
497.139 Fish
Passage Fund
497.142 Furbearer
trapping or hunting license and tag; fees
497.146 Trapper
education program; when certificate required; exceptions
497.151 Annual
migratory waterfowl stamp; fee; effect of purchase by nonresident
497.153 Annual
resident upland bird stamp; fee; effect of purchase by nonresident
497.156 Annual
nonresident bird-waterfowl stamp; fee
497.158 Mail
and Internet license renewal
SPECIAL LICENSES
497.162 Angling
and shellfish licenses for persons in state care or persons receiving certain
services
497.170 Columbia
River Indians; free hunting and fishing licenses
OCCUPATIONAL LICENSES, REQUIREMENTS AND
FEES
497.218 Fur
dealer license; records
497.228 Wildlife
propagation license; grounds for license denial; records; rules
497.238 Taxidermy
license; records
497.248 Private
hunting preserve license; requirements for preserve; rules; records
497.249 Revocation
or refusal to renew private hunting preserve license
497.252 Fish
propagation license; terms and conditions; rules; applicability of other
licensing laws
497.258 Fees
497.268 Inspection
of occupational licenses
SPECIAL PERMITS
497.298 Scientific
taking permit; rules
497.308 Wildlife
holding and habitat removal permits; rules
497.312 Special
restrictions on holding coyotes
497.318 Revocation
of scientific taking or wildlife holding and habitat removal permits
497.325 Sturgeon
hatchery operation permits; conditions; permit restrictions; rules; fees
497.327 Priority
for certain applications for permit for sturgeon hatchery operation
JUVENILE RESTRICTIONS
497.350 Hunting
restriction; generally
497.360 Hunter
safety certificate; training program; youth hunter mentoring program; rules
LICENSE VIOLATIONS AND PENALTIES
497.400 Prohibited
conduct
497.415 Revocation
or denial of licenses, tags or permits for wildlife law violations or failure
to comply with citation
497.441 Prohibited
activities by those whose license, tag or permit has been revoked
PREDATORY ANIMAL CONTROL
497.655 Voluntary
contributions; county predatory animal control program; State Department of
Fish and Wildlife duties
497.660 Wildlife
Conservation Fund; sources; uses
GENERAL PROVISIONS
497.002 “Resident” and “nonresident”
defined. Except as provided in ORS 497.006, as
used in this chapter:
(1)
“Resident” means a person who has resided in this state at least six consecutive
months immediately prior to the date of making application for a license, tag
or permit issued by the State Fish and Wildlife Commission. Temporary absence
from the state for a purpose other than establishing residency outside the
state shall not be considered in determining whether a person meets the
residency requirements of this subsection.
(2)
“Nonresident” means any person other than a resident. [1973 c.723 §41]
497.006 Certain persons as residents for
licensing purposes. (1) As used in this section:
(a)
“Active member of the Armed Forces of the United States” means officers and
enlisted personnel of the Armed Forces of the United States who:
(A)
Reside in this state while assigned to duty at any base, station, shore
establishment or other facility in this state;
(B)
Reside in this state while serving as members of the crew of a ship that has an
Oregon port or shore establishment as its home port or permanent station; or
(C)
Reside in another state or a foreign country and establish Oregon residency by
filing Oregon state income taxes no later than 12 months before leaving active
duty.
(b)
“Armed Forces of the United States” means:
(A)
The Army, Navy, Air Force, Marine Corps and Coast Guard of the United States;
(B)
The reserves of the Army, Navy, Air Force, Marine Corps and Coast Guard of the
United States; and
(C)
The Oregon National Guard and the National Guard of any other state or
territory.
(c)
“Dependent children” includes any children of an active member of the Armed
Forces of the United States who:
(A)
Are under 18 years of age and not married, otherwise emancipated or
self-supporting; or
(B)
Are under 23 years of age, unmarried, enrolled in a full-time course of study
in an institution of higher learning and dependent on the member for over
one-half of their support.
(2)
The following persons shall be considered resident persons for the purpose of
purchasing licenses, tags and permits issued by the State Fish and Wildlife
Commission:
(a)
Active members of the Armed Forces of the United States who furnish to the
commission evidence satisfactory to the commission that the person is
permanently assigned to active duty in this state and the spouses and dependent
children of such members.
(b)
Any active member of the Armed Forces of the United States who furnishes to the
commission evidence satisfactory to the commission that the person is a member
of the Armed Forces of the United States and the spouse and dependent children
of such member.
(c)
Aliens who furnish to the commission evidence satisfactory to the commission
that the person is attending a school in this state pursuant to a foreign
student exchange program. [1973 c.723 §42; 1987 c.158 §112; 1987 c.162 §8; 1989
c.264 §4; 2003 c.242 §5; 2005 c.831 §10]
497.010
[Repealed by 1973 c.723 §130]
497.012 Validity of licenses on Snake
River. (1) Angling, hunting or trapping in the
waters of the Snake River or on the islands of the Snake River, where the river
forms the boundary line between the State of Oregon and the State of Idaho, by
a holder of either a valid Oregon or Idaho license therefor in accordance with
the laws and rules of the respective states is lawful.
(2)
Nothing in this section is intended to authorize:
(a)
The holder of an Oregon license to angle, hunt or trap on the shoreline,
sloughs or tributaries on the Idaho side of the Snake River.
(b)
The holder of an Idaho license to angle, hunt or trap on the shoreline, sloughs
or tributaries on the Oregon side of the Snake River. [1973 c.723 §43]
497.014 Validity of licenses in Pacific
Ocean or Columbia River; rules. (1) A person
may take fish or shellfish in the waters of the Pacific Ocean within three
miles of the coast of the State of Oregon or the State of Washington, between
the Oregon-Washington boundary and Cape Falcon, or in the waters of the
Columbia River where it forms the Oregon-Washington boundary, if the person
holds either a valid Oregon or Washington license therefor in accordance with
the laws and rules of the respective state. However, a person other than a
Washington resident landing fish or taking shellfish by boat in Oregon must
hold a valid Oregon angling or shellfish license. All persons landing fish by
boat in Oregon are subject to all Oregon laws, rules and regulations relating
to taking fish or shellfish, including bag and length requirements.
(2)
Subsection (1) of this section applies only if the State Fish and Wildlife
Commission by rule determines that laws, rules or regulations of the State of
Washington, in substance or effect, contain provisions that make a valid Oregon
license lawful in the waters of the Pacific Ocean within three miles of the
coast of the State of Oregon or the State of Washington, between the
Oregon-Washington boundary and Leadbetter Point, or in the waters of the Columbia
River where it forms the Oregon-Washington boundary. [1983 c.173 §§2, 3; 1985
c.373 §1; 2003 c.656 §4; 2005 c.260 §1]
497.015 [1971
c.530 §2; repealed by 1973 c.723 §130]
497.016 Term of licenses, tags and
permits. Unless otherwise provided by law, all
licenses, tags and permits issued by the State Fish and Wildlife Commission
shall be valid for such period of time as the commission prescribes. [1973
c.723 §44; 1981 c.445 §1]
497.020
[Repealed by 1973 c.723 §130]
497.022 Issuance of licenses, tags or
permits by commission agents; fees. (1) The State
Fish and Wildlife Commission may appoint agents to issue any of the licenses,
tags or permits the commission is authorized by law to issue. The commission
shall prescribe the procedure for the issuance of such licenses, tags and
permits. Agents of the commission shall issue licenses, tags and permits in
accordance with the prescribed procedure and shall charge and collect the fees
prescribed by law therefor.
(2)
In addition to the fees prescribed by law for the issuance of a license, tag or
permit, the issuing agent shall charge and collect $5 for each resident annual
sportsperson’s license issued pursuant to ORS 497.132 (2)(a) and $2 each for
any other license, tag or permit. If the agent is a county clerk, the agent
shall deposit such additional fees in the general fund of the county for which
the agent is the clerk. If the agent is an employee of the State Department of
Fish and Wildlife, the moneys shall be deposited in the State Wildlife Fund. Agents
other than county clerks or department employees who issue licenses without the
use of a state computerized licensing system may retain such additional fees
for their license tag or permit issuance services. Agents other than county
clerks or department employees who issue licenses, tags or permits using a
state computerized licensing system may retain such portion of the additional
fees, but not less than $2.50 for each resident annual sportsperson’s license
issued pursuant to ORS 497.132 (2)(a) or $1 for any other license, tag or
permit, as may be specified by contract between the department and the agent
for license, tag or permit issuance service performed by the agent.
(3)
If the commission finds that an agent appointed pursuant to this section has violated
any of the provisions of law or the procedures prescribed by the commission for
the issuance of licenses, tags or permits or the collection and disposition of
fees therefrom, the commission may revoke the authority of the agent to issue
licenses, tags and permits, or may suspend such authority for such time as the
commission considers appropriate. [1973 c.723 §45; 1975 c.183 §1; 1981 c.445 §2;
1987 c.345 §1; 1989 c.573 §1; 1993 c.103 §1; 1999 c.1006 §2; amendments by 1999
c.1006 §13 repealed by 2001 c.949 §1; 2001 c.104 §223; 2009 c.832 §3]
497.026 Duty of license agents to remit
funds; rules. (1) No agent appointed by the State
Fish and Wildlife Commission to issue licenses, tags or permits shall fail to
remit to the commission moneys received from the issuance of licenses, tags and
permits in the manner required by this section.
(2)
The commission shall, by rule, prescribe the method in which license agents
shall remit all moneys belonging to the state accruing from the issuance of
licenses, tags and permits.
(3)
Notwithstanding subsection (2) of this section, the commission shall not
require a license agent to remit moneys from the issuance of licenses, tags and
permits more often than once each month if:
(a)
The license agent issues licenses, tags and permits in the amount of $12,500 or
less each year; and
(b)
The license agent does not use a state computerized licensing system to issue
licenses, tags and permits. [1973 c.723 §46; 1975 c.85 §1; 1987 c.345 §2; 1989
c.573 §2]
497.030
[Repealed by 1973 c.723 §130]
497.032 Duplicate licenses, tags and
permits; fee. If a license, tag or permit issued by
the State Fish and Wildlife Commission is lost, destroyed or stolen, the holder
thereof may submit to the commission a certificate stating that the license,
tag or permit has been lost, stolen or destroyed, together with a fee of $15
for each such license, tag or permit. If the fee paid for the license, tag or
permit that was lost, destroyed or stolen was less than $15, the same fee shall
be charged for the duplicate license, tag or permit. Upon receipt of the
certificate and appropriate fees, the commission shall issue to the person a
duplicate license, tag or permit that may be used in lieu of the lost,
destroyed or stolen licenses, tags or permits. [1973 c.723 §47; 1981 c.445 §3;
1985 c.60 §6; 2009 c.832 §4]
497.036 Inspection of licenses, tags,
permits and wildlife. The holder of any license, tag
or permit to angle, take, hunt or trap must consent to the inspection of any
such license, tag or permit and any wildlife taken pursuant to such license,
tag or permit:
(1)
By any employee of the State Fish and Wildlife Commission or any person
authorized to enforce the wildlife laws.
(2)
By the owner, or the agent of the owner, of any land upon which the license,
tag or permit holder is angling for, taking, hunting or trapping any wildlife. [1973
c.723 §48; 1981 c.445 §4; 1991 c.67 §149; 2003 c.656 §5]
497.040
[Amended by 1959 c.272 §1; repealed by 1973 c.723 §130]
497.041 Applications for licenses, tags
and permits to include certain statement for applicant attestation.
(1) As used in this section, “hunt” and “wildlife” have the meanings given
those terms in ORS 496.004.
(2)
Each application for the issuance of a license, tag or permit to hunt wildlife
with firearms under the wildlife laws shall include the following statement to
which the applicant shall attest prior to the issuance of any license, tag or
permit to the applicant:
______________________________________________________________________________
I
am not a convicted felon who is prohibited from possessing a firearm under the
laws of Oregon or the United States; and
I
am not a person who has been found guilty except for insanity of a felony and
who is prohibited from possessing a firearm under the laws of Oregon or the
United States.
______________________________________________________________________________
[2011 c.383 §1]
Note:
497.041 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 497 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
497.050
[Amended by 1967 c.523 §7; repealed by 1973 c.723 §130]
497.060
[Repealed by 1973 c.723 §130]
497.070
[Repealed by 1959 c.341 §2]
LICENSE, TAG AND PERMIT REQUIREMENTS AND
FEES
497.071 Dedication of certain license, tag
and permit fee increases. The Legislative Assembly finds
it imperative that the wildlife resources of the State of Oregon be augmented
to a level sufficient to provide Oregonians the recreational benefits of
hunting and angling, an abundance of wildlife, and the reasonable expectation
that their efforts will result in the taking of game or fish. The intent of
this legislation is to provide adequate revenue to the State Fish and Wildlife
Commission whereby game mammal herds and game fish populations may be increased
for the benefit of Oregon hunters and anglers. Concomitant with the purposes
for which the Legislative Assembly approves this legislation, the State Fish
and Wildlife Commission is directed to expend the revenues created by this
section and ORS 497.102 to 497.134 in achieving wildlife management objectives
including, but not limited to the following:
(1)
Habitat management.
(2)
Predator control.
(3)
Replenishment of fish and game populations.
(4)
Reduction of the anadromous bag limit.
(5)
Adjustment of seasons and deadlines to protect returning anadromous adults.
(6)
Supplemental wildlife feeding.
(7)
Protection of game mammals and game birds with characteristics of high
reproductive potential.
(8)
Enforcement of closings necessitated by herd or population depletion.
(9)
Expansion of the road and access closure program when necessary to reduce
hunting pressure in specific areas. [1975 c.454 §1]
497.072 [1955
c.216 §1; repealed by 1959 c.341 §2]
497.075 General license, tag and permit
requirements; exemptions. (1) Except as provided in
subsections (2), (3) and (4) of this section, no person shall angle for, take,
hunt or trap, or assist another in angling for, taking, hunting or trapping,
any wildlife unless the person has in possession such valid licenses, tags and
permits therefor as the State Fish and Wildlife Commission issues.
(2)
An angling or shellfish license is not required:
(a)
Of a person younger than 14 years of age. However, each such person who angles
for salmon, steelhead trout, sturgeon or halibut must have in possession a
valid annual tag to angle for salmon, steelhead trout, sturgeon and halibut
while so angling.
(b)
Of a resident person to angle or take shellfish on land owned by that person.
However, each such person who angles for salmon, steelhead trout, sturgeon or
halibut must have in possession a valid annual tag to angle for salmon,
steelhead trout, sturgeon and halibut while so angling.
(c)
Of a resident person to angle or take shellfish on land owned by a member of
the person’s immediate family and upon which the person resides. However, each
such person who angles for salmon, steelhead trout, sturgeon or halibut must
have in possession a valid annual tag to angle for salmon, steelhead trout,
sturgeon and halibut while so angling.
(d)
Of a person to angle for or otherwise take smelt.
(e)
Of a person to take crayfish or freshwater clams.
(3)
A hunting license is not required:
(a)
Of a person younger than 14 years of age to hunt wildlife, except those species
for which a tag or permit is required by the wildlife laws or by any rule
promulgated pursuant thereto.
(b)
Of a resident person to hunt wildlife, except those species of wildlife for
which a tag or permit is required by the wildlife laws or by any rule
promulgated pursuant thereto, on land upon which the person resides and is
owned by the person or a member of the person’s immediate family.
(c)
Of a person who holds a valid trapping license to take, by any means involving
the use of a weapon, fur-bearing mammals during authorized trapping seasons or
predators.
(d)
Of a person to take wildlife pursuant to ORS 498.012, notwithstanding any other
provision of this subsection.
(4)
A trapping license is not required:
(a)
Of a resident person to trap fur-bearing mammals or predators, except those
species for which a tag or permit is required by the wildlife laws or any rule
promulgated pursuant thereto, on land upon which the person resides and is
owned by the person or a member of the person’s immediate family.
(b)
Of a person younger than 14 years of age to trap fur-bearing mammals or
predators, except those species for which a tag or permit is required by the
wildlife laws or by any rule promulgated pursuant thereto.
(c)
Of a person to trap wildlife that is not protected by the wildlife laws or the
laws of the United States. [1973 c.723 §49; 1975 c.214 §1; 1985 c.60 §3; 1999
c.1006 §3; 2003 c.656 §6]
497.079 Open fishing and shellfish taking
day. Notwithstanding ORS 497.075, 497.121
and 497.132, the State Fish and Wildlife Commission may issue an order that
authorizes individuals to angle for fish or take shellfish in the waters of
this state without the licenses or tags, or without the licenses and tags
otherwise required by law, on any two consecutive days each year. [1989 c.344 §2;
1995 c.177 §1; 2003 c.656 §7]
497.080
[Repealed by 1973 c.723 §130]
497.090
[Repealed by 1965 c.295 §3]
497.100 [1959
c.692 §§2, 3(1), (3); 1961 c.536 §2; 1971 c.446 §5; repealed by 1973 c.723 §130]
497.102 Hunting license and permit fees.
(1) The State Fish and Wildlife Commission is authorized to issue, upon
application, to persons desiring to hunt wildlife the following licenses and
permits and shall charge therefor the following fees:
(a)
Resident annual hunting license to hunt wildlife, $23.50.
(b)
Nonresident annual hunting license to hunt wildlife, $134.50.
(c)
Resident annual juvenile hunting license for persons 12 through 17 years of age
to hunt wildlife, $11.50.
(d)
Nonresident annual juvenile hunting license for persons 12 through 17 years of
age to hunt wildlife, $17.50.
(e)
Resident pioneer hunting license to hunt wildlife for persons 65 years of age
or older who have resided in the state for not less than 50 years prior to the
date of application, free.
(f)
Resident annual senior citizen hunting license to hunt wildlife for persons 70
years of age or older who have resided in the state for not less than five
years prior to the date of application, one-half the fee imposed under
paragraph (a) of this subsection for a resident annual hunting license to hunt
wildlife.
(g)
Resident disabled veteran hunting license to hunt wildlife for a person who
files with the commission written proof that the last official certification of
record by the United States Department of Veterans Affairs or any branch of the
Armed Forces of the United States shows the person to be at least 25 percent
disabled, free.
(h)
Annual resident private hunting preserve permit to hunt privately owned hunting
preserve game birds, $4.
(i)
Annual nonresident private hunting preserve permit to hunt privately owned
hunting preserve game birds, $10.
(j)
Nonresident hunting license to hunt migratory waterfowl and upland birds for
three consecutive days, $24.50.
(2)
The hunting preserve permits referred to in subsection (1)(h) and (i) of this
section are in lieu of the hunting licenses required by the wildlife laws. [1973
c.723 §50; 1975 c.454 §2; 1979 c.218 §1; 1979 c.377 §1a; 1979 c.774 §2c; 1981
c.445 §5; 1987 c.255 §1; 1991 c.67 §150; 1991 c.661 §1; 1993 c.659 §20; 1999
c.667 §2; 1999 c.1006 §4; amendments by 1999 c.1006 §14 repealed by 2001 c.949 §1;
2001 c.571 §§2,3; 2003 c.644 §1; 2009 c.41 §22; 2009 c.832 §5]
Note: See
second note under 497.121.
497.110
[Amended by 1955 c.358 §1; 1967 c.278 §1; 1971 c.446 §6; repealed by 1973 c.723
§130]
497.112 Hunting tags; fees; restrictions;
rules. (1) The State Fish and Wildlife
Commission is authorized to issue, upon application, to persons desiring to
hunt wildlife the following general tags and shall charge therefor the
following fees:
(a)
Resident annual elk tag to hunt elk, $40.50.
(b)
Nonresident annual elk tag to hunt elk, $498.50.
(c)
Special annual elk tag for holders of pioneer or disabled veteran hunting
licenses to hunt elk, one-half the fee imposed under paragraph (a) of this
subsection for a resident annual elk tag to hunt elk.
(d)
Resident annual deer tag to hunt deer, $22.50.
(e)
Nonresident annual deer tag to hunt deer, $373.50.
(f)
Resident annual black bear tag to hunt black bear, $12.50.
(g)
Nonresident annual black bear tag to hunt black bear, $180.50.
(h)
Resident annual mountain sheep tag to hunt mountain sheep, $120.50.
(i)
Nonresident annual mountain sheep tag to hunt mountain sheep, $1,298.50.
(j)
Resident annual mountain goat tag to hunt mountain goat, $120.50.
(k)
Nonresident annual mountain goat tag to hunt mountain goat, $1,298.50.
(L)
Resident annual cougar tag to hunt cougar, $12.50.
(m)
Nonresident annual cougar tag to hunt cougar, $12.50.
(n)
Resident annual antelope tag to hunt antelope, $42.50.
(o)
Nonresident annual antelope tag to hunt antelope, $331.50.
(p)
Resident annual turkey tag to hunt turkeys, $20.50.
(q)
Resident annual juvenile turkey tag to hunt turkeys, $8.50.
(r)
Nonresident annual juvenile turkey tag to hunt turkeys, $8.50.
(s)
Nonresident annual turkey tag to hunt turkeys, $75.50.
(t)
Outfitter and guide annual deer tag to hunt deer, $495.25.
(u)
Outfitter and guide annual elk tag to hunt elk, $731.75.
(2)(a)
Notwithstanding ORS 496.146 (10), the commission is authorized to issue each
year one special tag that is auctioned to the highest bidder in a manner
prescribed by the commission for each of the following:
(A)
Mountain sheep;
(B)
Antelope; and
(C)
Mountain goat.
(b)
In addition to the tags referred to in paragraph (a) of this subsection, the
commission is authorized to issue each year one special tag that is raffled in
a manner prescribed by the commission for each of the following:
(A)
Mountain sheep;
(B)
Antelope; and
(C)
Mountain goat.
(c)
Moneys received under this subsection for:
(A)
Mountain sheep tags shall be placed in the Mountain Sheep Subaccount
established in ORS 496.303;
(B)
Antelope tags shall be placed in the Antelope Subaccount established in ORS
496.303; and
(C)
Mountain goat tags shall be placed in the Mountain Goat Subaccount established
in ORS 496.303.
(d)
Notwithstanding ORS 496.146 (10), the commission, upon the recommendation of
the Access and Habitat Board to fulfill the board’s charge of providing
incentives to increase public access and habitat improvements to private land,
is authorized to issue each year up to 10 elk and 10 deer tags to hunt deer or
elk. The tags shall be auctioned or raffled to the highest bidder in a manner
prescribed by the commission. The Access and Habitat Board, in recommending any
tags, shall include a proposal as to the land on which each tag can be used and
a percentage of funds received from the tags that may revert to the landowner
if the tag is limited to private land. However, the percentage cannot be more
than 50 percent and the programs must, by written agreement, provide for public
access and habitat improvements.
(3)
The tags referred to in subsection (1) of this section are in addition to and
not in lieu of the hunting licenses required by law.
(4)
The commission may, at the time of issue only, indorse upon the tags referred
to in subsection (1) of this section an appropriate designation indicating
whether it is for a game animal to be taken with bow and arrow or with
firearms, at the choice of the applicant. The commission may prescribe by rule
that the holder of such a tag is not authorized to take the game animal by any
other means than the tag so indorsed.
(5)
Except as provided in subsection (6) of this section, a person is not eligible
to obtain, in a lifetime, more than one controlled hunt tag issued by the
commission to hunt mountain sheep and one controlled hunt tag issued by the
commission to hunt mountain goat.
(6)
A person is eligible to obtain mountain sheep tags, antelope tags or mountain
goat tags described in subsection (2)(a) and (b) of this section, regardless of
whether the person has previously taken a mountain sheep, antelope or mountain
goat or previously obtained a mountain sheep tag, antelope tag or mountain goat
tag issued pursuant to subsection (1) or (2)(a) or (b) of this section.
(7)
The number of nonresident mountain goat tags and nonresident mountain sheep
tags shall be decided by the commission, but:
(a)
The number of nonresident mountain goat tags may not be less than five percent
nor more than 10 percent of all mountain goat tags issued.
(b)
The number of nonresident mountain sheep tags may not be less than five percent
nor more than 10 percent of all mountain sheep tags issued.
(8)
The number of tags issued by drawing under subsection (1)(g), (m) and (o) of
this section shall be decided by the commission, but for each class of tag so
issued, the number may not be more than three percent of all tags of that class
issued for hunting in a particular area except one nonresident tag may be
issued for each hunt when the number of authorized tags is less than 35. The
number of tags issued under subsection (1)(g) of this section for the general
hunting season may be decided by the commission, but the number may not be more
than three percent of all tags issued the previous year for hunting in a
particular area.
(9)
The number of tags issued by drawing under subsection (1)(b) and (e) of this
section shall be decided by the commission, but for each class of tag so
issued, the number may not be more than five percent of all tags of that class
issued for hunting in a particular area except one nonresident tag may be
issued for each hunt when the number of authorized tags is fewer than 35. The
commission shall set the percentage by rule each year after holding a public
hearing.
(10)
If a controlled hunt for game mammals is undersubscribed during the primary
controlled hunt drawing, the commission may issue the unallocated tags to
licensed hunters at up to four times the standard tag fee on a first-come,
first-served basis. This controlled hunt tag program shall be in addition to
and not replace any existing controlled hunt tag program.
(11)
The commission by rule may authorize the issuance of free tags to hunt
antelope, deer and elk to provide an incentive to increase compliance with
hunting reporting requirements. [1973 c.723 §53; 1975 c.454 §3; 1975 c.487 §1a;
1979 c.715 §1; 1981 c.445 §6; 1985 c.60 §1; 1987 c.255 §2; 1991 c.364 §1; 1991
c.661 §2; 1993 c.336 §1; 1993 c.659 §21; 1997 c.225 §1; 1997 c.341 §1; 1999
c.624 §1; 1999 c.685 §1; 1999 c.1006 §5; amendments by 1999 c.1006 §15 repealed
by 2001 c.949 §1; 2003 c.612 §1; 2003 c.644 §2; 2009 c.832 §6; 2011 c.523 §1]
497.115 [1971
c.530 §3; repealed by 1973 c.723 §130]
497.120
[Amended by 1955 c.358 §2; 1957 c.148 §1; 1959 c.221 §1; 1961 c.536 §1; 1967
c.278 §2; 1971 c.446 §7; repealed by 1973 c.723 §130]
497.121 Angling and shellfish licenses and
tags; fees. (1) The State Fish and Wildlife
Commission is authorized to issue, upon application, to persons desiring to
angle for fish or take shellfish the following licenses and tags and shall
charge therefor the following fees:
(a)
Resident annual angling license, $26.
(b)
Nonresident annual angling license, $93.25.
(c)
Nonresident angling license to angle for seven consecutive days, $51.75.
(d)
Angling license to angle for one day, $11.75.
(e)
Resident annual juvenile angling license for persons 14 through 17 years of
age, $4.
(f)
Nonresident annual juvenile angling license for persons 14 through 17 years of
age, $17.25.
(g)
Resident annual shellfish license, $5.
(h)
Nonresident annual shellfish license, $18.50.
(i)
Nonresident three-day shellfish license, $9.50.
(j)
Two rod angling license valid in lakes and reservoirs for anglers who also hold
a valid annual angling license, $15.
(k)
Resident pioneer angling license for persons 65 years of age or older who have
resided in the state for not less than 50 years prior to the date of
application, free.
(L)
Resident annual senior citizen angling license for persons 70 years of age or
older who have resided in the state for not less than five years prior to the
date of application, one-half the fee imposed under paragraph (a) of this
subsection for a resident annual angling license.
(m)
Resident disabled veteran angling license for a person who files with the
commission written proof that the last official certification of record by the
United States Department of Veterans Affairs or by any branch of the Armed
Forces of the United States shows the person to be at least 25 percent
disabled, free.
(n)
Resident disabled veteran shellfish license for a person who files with the
commission written proof that the last official certification of record by the
United States Department of Veterans Affairs or by any branch of the Armed
Forces of the United States shows the person to be at least 25 percent
disabled, free.
(o)
Annual tag to angle for salmon, steelhead trout, sturgeon and halibut, $24.50.
(p)
Annual tag for persons under 18 years of age to angle for salmon, steelhead
trout, sturgeon and halibut, $6.50.
(q)
Renewable tag to angle for hatchery salmon and steelhead, $14.50.
(2)
Any person who holds a valid permanent angling license for persons who are
blind or a permanent angling license for persons in a wheelchair issued by the
commission before January 1, 2000, need not obtain a resident annual angling
license under this section.
(3)
The annual tags to angle for salmon, steelhead trout, sturgeon and halibut
referred to in subsection (1)(o), (p) and (q) of this section are in addition
to and not in lieu of the angling licenses required by the wildlife laws.
However, an annual tag to angle for salmon, steelhead trout, sturgeon and
halibut is not required of a person who holds a valid angling license referred
to in subsection (1)(c) or (d) of this section. [1973 c.723 §51; 1975 c.34 §1;
1975 c.454 §4; 1979 c.377 §2; 1981 c.445 §7; 1983 c.740 §202; 1985 c.60 §2;
1985 c.390 §1; 1991 c.67 §151; 1991 c.435 §1; 1993 c.619 §1; 1999 c.25 §5; 1999
c.1006 §6; amendments by 1999 c.1006 §16 repealed by 2001 c.949 §1; 2001 c.94 §§2,3;
2001 c.571 §§4,5; 2003 c.644 §3; 2003 c.656 §8; 2007 c.70 §277; 2009 c.41 §23;
2009 c.425 §2; 2009 c.832 §7]
Note:
Section 4, chapter 512, Oregon Laws 1989, provides:
Sec. 4. Surcharges through 2019.
In addition to the fees otherwise prescribed by law, the issuer of each of the
following licenses shall charge and collect each time the license is issued,
during the period beginning January 1, 1998, and ending December 31, 2019, the
following surcharges:
(1)
Resident combination license issued under ORS 497.132, $4.
(2)
Resident annual angling license issued under ORS 497.121 (1)(a), $4.
(3)
Resident juvenile angling license issued under ORS 497.121 (1)(e), $2.
(4)
Angling license to angle for one day issued under ORS 497.121 (1)(d), $2.
(5)
Nonresident annual angling license issued under ORS 497.121 (1)(b), $10.
(6)
Nonresident angling license to angle for seven consecutive days issued under
ORS 497.121 (1)(c), $5. [1989 c.512 §4; 1991 c.184 §1; 1993 c.619 §3; 1997 c.8 §9;
1999 c.1006 §11; 2003 c.643 §1; 2009 c.765 §1]
Note:
Section 19, chapter 659, Oregon Laws 1993, provides:
Sec. 19. Surcharges through 2019.
(1) In addition to the fees otherwise prescribed by law, the issuer of each of
the following licenses shall charge and collect each time the license is issued,
during the period beginning January 1, 1994, and ending December 31, 2019, the
following surcharges:
(a)
Resident annual combination license issued under ORS 497.132, $4.
(b)
Resident annual hunting license issued under ORS 497.102 (1)(a), $4.
(c)
Nonresident annual hunting license issued under ORS 497.102 (1)(b), $4.
(d)
Resident annual juvenile hunting license issued under ORS 497.102 (1)(c), $1.
(2)
Payment of the surcharges required by this section does not entitle the license
holder to special access to any property or to any other privilege. Notice to
this effect shall be printed in materials distributed by the State Department
of Fish and Wildlife to licensees. [1993 c.659 §19; 1997 c.246 §1; 1999 c.1006 §12;
2003 c.203 §1; 2009 c.291 §1]
497.122 [1955
c.474 §1; repealed by 1957 c.148 §2]
497.123 Hatchery harvest tag rules.
The State Fish and Wildlife Commission shall adopt rules for the issuance of
hatchery harvest tags to persons holding an annual angling license and an
annual tag to angle for salmon and steelhead. The rules shall allow persons
holding a hatchery harvest tag to angle for 10 fin clipped or otherwise marked
returning hatchery salmon and steelhead. [2001 c.94 §1]
Note:
497.123 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 497 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
497.124 Angling license surcharges.
In addition to the fees otherwise prescribed by law, the issuer of each of the
following licenses shall charge and collect each time the license is issued a
surcharge of 75 cents for each of the following licenses:
(1)
Resident combination license issued under ORS 497.132.
(2)
Resident annual angling license issued under ORS 497.121 (1)(a).
(3)
Resident annual juvenile angling license issued under ORS 497.121 (1)(e).
(4)
Angling license to angle for one day issued under ORS 497.121 (1)(d).
(5)
Nonresident annual angling license issued under ORS 497.121 (1)(b).
(6)
Nonresident angling license to angle for seven consecutive days issued under
ORS 497.121 (1)(c).
(7)
Nonresident annual juvenile angling license issued under ORS 497.121 (1)(f). [1991
c.858 §15; 1993 c.619 §4; 1995 c.426 §4; 1999 c.25 §6; 2009 c.832 §8]
Note:
497.124 was added to and made a part of ORS chapter 497 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
497.125 [1959
c.692 §3(2); repealed by 1973 c.723 §130]
497.130
[Amended by 1967 c.278 §3; repealed by 1973 c.723 §130]
497.132 Combined licenses for residents;
fee. (1) In lieu of issuing to resident
persons separate licenses for angling and hunting, the State Fish and Wildlife
Commission is authorized to issue resident annual combination angling and
hunting licenses, and charge therefor a fee of $47.
(2)(a)
In lieu of issuing to resident persons separate licenses and tags for various
hunting and angling activities, the commission is authorized to issue resident
annual sportsperson’s licenses and shall charge therefor a fee of $159.75. The
purchaser of each such license is authorized to engage in those hunting and
angling activities for which the following licenses and tags are required:
(A)
Combination license;
(B)
Black bear tag;
(C)
Cougar tag;
(D)
General season elk tag;
(E)
General season deer tag;
(F)
Upland bird stamp;
(G)
Oregon migratory waterfowl stamp;
(H)
Turkey tag;
(I)
Annual tag to angle for salmon, steelhead trout, sturgeon and halibut; and
(J)
Resident annual shellfish license.
(b)
The holder of each sportsperson’s license who wishes to engage in hunting or
angling activities for which permits are required that are limited by quota
must participate in the process for allocation of the permits in the same
manner as all other permit applicants. However, if the holder of a sportsperson’s
license is unsuccessful in obtaining a permit limited by quota for a particular
activity, the holder will be issued a tag valid for any general season for that
species.
(c)
Notwithstanding any other provision of the wildlife laws, of the moneys
received from the sale of sportsperson’s licenses:
(A)
Four dollars from each such license shall be credited to the subaccount
referred to in ORS 496.242.
(B)
Four dollars from each such license shall be credited to the subaccount
referred to in ORS 496.283.
(C)
Seventy-five cents from each such license shall be credited to the Fish
Screening Subaccount established under ORS 496.303.
(D)
Twenty-five cents from each such license shall be credited to the Fish Passage
Fund established under ORS 497.139.
(3)(a)
In lieu of issuing to resident persons under 18 years of age separate licenses
and tags for angling and hunting, the commission is authorized to issue
resident annual sportsperson’s licenses for persons under 18 years of age and
shall charge therefor a fee of $50. The purchaser of each such license is
authorized to engage in those hunting and angling activities for which the
following licenses and tags are required:
(A)
Resident annual juvenile hunting license for persons 12 through 17 years of
age;
(B)
Resident annual juvenile angling license for persons 14 through 17 years of
age;
(C)
Black bear tag;
(D)
Cougar tag;
(E)
General season elk tag;
(F)
General season deer tag;
(G)
Upland bird stamp;
(H)
Oregon migratory waterfowl stamp;
(I)
Juvenile turkey tag;
(J)
Annual tag for persons under 18 years of age to angle for salmon, steelhead
trout, sturgeon and halibut; and
(K)
Resident annual shellfish license.
(b)
The holder of each resident annual sportsperson’s license for persons under 18
years of age who wishes to engage in hunting or angling activities for which
permits are required that are limited by quota must participate in the process
for allocation of the permits in the same manner as all other permit
applicants. However, if the holder of a resident annual sportsperson’s license
for persons under 18 years of age is unsuccessful in obtaining a permit limited
by quota for a particular activity, the holder will be issued a tag valid for
any general season for that species.
(c)
Notwithstanding any other provision of the wildlife laws, of the moneys
received from the sale of resident annual sportsperson’s licenses for persons
under 18 years of age:
(A)
One dollar from each such license shall be credited to the subaccount referred
to in ORS 496.242.
(B)
One dollar from each such license shall be credited to the subaccount referred
to in ORS 496.283.
(C)
Seventy-five cents from each such license shall be credited to the Fish
Screening Subaccount established under ORS 496.303.
(D)
Twenty-five cents from each such license shall be credited to the Fish Passage
Fund established under ORS 497.139. [1973 c.723 §52; 1975 c.454 §5; 1981 c.445 §8;
1987 c.255 §3; 1991 c.661 §3; 1993 c.619 §2; 1997 c.341 §2; 1999 c.59 §161;
1999 c.1006 §7; amendments by 1999 c.1006 §17 repealed by 2001 c.949 §1; 2001
c.822 §§8,8a; 2003 c.644 §4; 2009 c.291 §2; 2009 c.765 §2; 2009 c.832 §9]
Note: See
notes under 497.121.
497.134 Voluntary contributions.
(1) The State Fish and Wildlife Commission may provide a means for persons to
make voluntary contributions to be used for special fish and wildlife
management programs, including programs to improve access for recreational
angling. The commission may seek voluntary contributions in conjunction with
the sale of hunting and angling licenses and tags or by such other means as the
commission considers appropriate.
(2)
If the commission implements an electronic licensing system, the commission
shall provide a means for persons to make voluntary contributions in
conjunction with the sale of licenses and tags referred to in ORS 497.121 (1).
All such voluntary contributions received by the commission may be expended
only for projects for which applications are made pursuant to ORS 496.450. [1985
c.391 §2; 1989 c.204 §1; 1999 c.25 §7; 1999 c.1006 §8]
497.136 Uses of certain fee increases.
The moneys received from the fee increases prescribed in the amendments to ORS
497.121 and 497.132 and section 4, chapter 512, Oregon Laws 1989, and section
15, chapter 858, Oregon Laws 1991, by sections 1 to 4, chapter 619, Oregon Laws
1993, shall be used by the State Department of Fish and Wildlife for
recreational fishing activities, including fish hatchery production, freshwater
fish programs, groundfish sampling, fish research projects, Oregon State Police
Game Bureau enforcement, a name and address database, and the Hatchery
Maintenance Information System. [1993 c.619 §6]
497.138 License surcharges.
(1) In addition to the fees otherwise prescribed by law, the issuer of each of
the following licenses shall charge and collect each time the license is issued
a surcharge of 25 cents for each of the following licenses:
(a)
Resident annual combination angling and hunting license issued under ORS
497.132.
(b)
Resident annual angling license issued under ORS 497.121 (1)(a).
(c)
Resident annual juvenile angling license issued under ORS 497.121 (1)(e).
(d)
Angling license to angle for one day issued under ORS 497.121 (1)(d).
(e)
Nonresident annual angling license issued under ORS 497.121 (1)(b).
(f)
Nonresident angling license to angle for seven consecutive days issued under
ORS 497.121 (1)(c).
(g)
Nonresident annual juvenile angling license issued under ORS 497.121 (1)(f).
(2)
Surcharges collected under this section shall be credited to the Fish Passage
Fund established under ORS 497.139. [2009 c.832 §17]
497.139 Fish Passage Fund.
The Fish Passage Fund is established in the State Treasury, separate and
distinct from the General Fund. Interest earned by the Fish Passage Fund shall
be credited to the fund. Moneys in the fund are continuously appropriated to
the State Department of Fish and Wildlife for purposes related to fish passage.
[2009 c.832 §14]
Note:
497.139 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 497 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
497.140
[Amended by 1963 c.263 §1; repealed by 1973 c.723 §130]
497.142 Furbearer trapping or hunting
license and tag; fees. (1) The State Fish and Wildlife
Commission is authorized to issue, upon application, to persons desiring to
take fur-bearing mammals the following licenses and tags and shall charge
therefor the following fees:
(a)
Resident annual license to trap or hunt fur-bearing mammals, $45.
(b)
Juvenile annual license to trap or hunt fur-bearing mammals, $15.
(c)
Resident annual license to hunt fur-bearing mammals, $20.
(d)
Nonresident annual fur-takers license to trap or hunt fur-bearing mammals,
$350.
(e)
Furbearer annual tags to take fur-bearing mammals, such amount for each tag as
the commission may prescribe, but not more than $20.
(2)
The tags referred to in subsection (1)(e) of this section are in addition to
and not in lieu of the licenses referred to in subsection (1)(c) and (d) of
this section. [1973 c.723 §55; 1979 c.774 §1; 1987 c.255 §4; 2009 c.832 §10]
497.145 [1965
c.295 §2; repealed by 1973 c.723 §130]
497.146 Trapper education program; when
certificate required; exceptions. (1) The State
Fish and Wildlife Commission, by rule, shall prescribe and administer a trapper
education program to provide instruction in the proper use of trapping
equipment. The program may also include instruction on wildlife and natural
resource conservation, firearms safety, first aid and survival and such other
subjects as the commission considers desirable to promote good outdoor conduct
and respect for the rights and property of others. The commission may cooperate
and enter into agreements with other public or private agencies and individuals
in carrying out the provisions of this section.
(2)
Except as provided in subsection (3) of this section, no person shall trap
mammals with commercial fur value unless the person has in possession a
certificate issued by the commission indicating that the person has
satisfactorily completed a course in trapper education prescribed or approved
by the commission. However, the commission shall issue the certificate
automatically, without the necessity of completing the course, to any person
who has previously held a valid trapping license issued by the commission and
who is 18 years of age or older on July 1, 1986.
(3)
The certificate referred to in subsection (2) of this section is not required
of a person to trap mammals with commercial fur value on land owned or leased
by that person or a member of that person’s immediate family.
(4)
Nothing in this section is intended to prevent any person or the persons’ agent
from taking mammals with commercial fur value that are damaging livestock or
agricultural crops on lands the person owns or leases.
(5)
As used in this section, “mammals with commercial fur value” means badger,
beaver, bobcat, coyote, red fox, gray fox, marten, mink, muskrat, nutria,
opossums, raccoon, river otter, striped skunk, spotted skunk and weasel. [1979
c.774 §4; 1985 c.467 §1]
497.147 [1967
c.251 §2; repealed by 1973 c.723 §130]
497.150 [Amended
by 1955 c.153 §1; 1957 c.54 §1; 1969 c.382 §1; repealed by 1973 c.723 §130]
497.151 Annual migratory waterfowl stamp;
fee; effect of purchase by nonresident. (1) The State
Fish and Wildlife Commission is authorized to issue, upon application, to
resident persons desiring to hunt migratory waterfowl an annual migratory
waterfowl stamp and shall charge therefor a fee of $9.50.
(2)
The stamp referred to in subsection (1) of this section is in addition to and
not in lieu of the hunting licenses required by ORS 497.102.
(3)
Notwithstanding subsection (1) of this section, a migratory waterfowl stamp is
not required of a person younger than 14 years of age.
(4)
ORS 497.016 to 497.026 and 497.036 apply to the stamp referred to in subsection
(1) of this section.
(5)
Nothing in this section is intended to prevent nonresident persons from
purchasing resident migratory waterfowl stamps for stamp collecting or other
purposes. However, possession of a resident migratory waterfowl stamp does not
authorize a nonresident to hunt migratory waterfowl. [1983 c.801 §2; 1993 c.659
§22; 1999 c.1006 §9; amendments by 1999 c.1006 §18 repealed by 2001 c.949 §1;
2009 c.832 §11]
497.153 Annual resident upland bird stamp;
fee; effect of purchase by nonresident. (1) The State
Fish and Wildlife Commission is authorized to issue, upon application, to
resident persons desiring to hunt upland birds an annual upland bird stamp and
shall charge therefor a fee of $6.50.
(2)
The stamp referred to in subsection (1) of this section is in addition to and
not in lieu of the hunting licenses required by ORS 497.102.
(3)
Notwithstanding subsection (1) of this section, an upland bird stamp is not
required of a person younger than 14 years of age.
(4)
ORS 497.016 to 497.026 and 497.036 apply to the stamp referred to in subsection
(1) of this section.
(5)
Nothing in this section is intended to prevent nonresident persons from
purchasing resident upland bird stamps for stamp collecting or other purposes.
However, possession of a resident upland bird stamp does not authorize a
nonresident to hunt upland birds. [1989 c.406 §4; 1993 c.659 §23; 2009 c.832 §12]
497.156 Annual nonresident bird-waterfowl
stamp; fee. (1) The State Fish and Wildlife
Commission is authorized to issue, upon application, to nonresident persons
desiring to hunt either migratory waterfowl or upland birds an annual
bird-waterfowl stamp and shall charge therefor a fee of $36.50.
(2)
The stamp referred to in subsection (1) of this section is in addition to and
not in lieu of the hunting licenses required by ORS 497.102.
(3)
Notwithstanding subsection (1) of this section, a bird-waterfowl stamp is not
required of:
(a)
A person younger than 14 years of age; or
(b)
A nonresident hunter on a private hunting preserve who holds an annual private
hunting preserve permit issued under ORS 497.102.
(4)
ORS 497.016 to 497.026 and 497.036 apply to the stamp referred to in subsection
(1) of this section. [1993 c.659 §25; 1999 c.667 §3; 1999 c.1006 §10;
amendments by 1999 c.1006 §19 repealed by 2001 c.949 §1; 2009 c.832 §13]
497.158 Mail and Internet license renewal.
The State Fish and Wildlife Commission shall adopt a system for renewing
licenses issued under ORS 497.102 and 497.121 through the mail and the World
Wide Web. [2001 c.559 §2]
Note:
497.158 was added to and made a part of the wildlife laws by legislative action
but was not added to ORS chapter 497 or any smaller series therein. See Preface
to Oregon Revised Statutes for further explanation.
497.160
[Amended by 1953 c.79 §2; 1955 c.295 §1; 1969 c.506 §1; repealed by 1973 c.723 §130]
SPECIAL LICENSES
497.162 Angling and shellfish licenses for
persons in state care or persons receiving certain services.
(1) Upon application of the Oregon Youth Authority, the Oregon Health Authority
or the Department of Human Services, the State Fish and Wildlife Commission
shall issue, without fee, a license to angle for the temporary use of any
person in a state institution as described in ORS 179.610, any student in a
youth correction facility or related camps or programs operated by the Oregon
Youth Authority, any child placed by the department and under the care of a
foster home or a private nonprofit child-caring agency certified by the
department, any person in an alternative to state hospitalization program as
described in ORS 430.630 (2)(b) or (c), or any person receiving services under
ORS 430.664. The licenses issued under this subsection shall be in bearer form
and, subject to applicable laws and regulations relating to angling, shall be
used as the agency applying for the license directs.
(2)
Upon application of the Department of Human Services, the commission shall
issue, without fee, a license to take shellfish for the temporary use of any
child placed by the department and under the care of a foster home or a private
nonprofit child-caring agency certified by the department. The licenses issued
under this subsection shall be in bearer form and, subject to applicable laws
and regulations relating to taking shellfish, shall be used as the department
directs.
(3)
Upon application of the director of any veteran’s administration hospital or
domiciliary within this state, the commission shall issue, without fee, to each
hospital or domiciliary 30 licenses to angle or to take shellfish for the
temporary use of any person who is a patient or resident in the hospital or
domiciliary. The licenses issued under this subsection shall be in bearer form
and, subject to applicable laws and regulations relating to angling and to
taking shellfish, shall be used as the director of the hospital or domiciliary
provides. [Formerly 497.840; 1977 c.492 §1; 1979 c.70 §1; 1997 c.249 §178; 1999
c.59 §162; 2001 c.900 §207; 2003 c.656 §16; 2009 c.595 §982; 2011 c.720 §207]
497.170 Columbia River Indians; free hunting
and fishing licenses. The State Fish and Wildlife
Commission shall furnish a permanent hunting and angling license, without
payment of fee, to all Columbia River Indians who are eligible to hunt and
angle under the terms of the Treaty of 1855 between the Columbia River Indians
and the United States of America. The chief authority of the Columbia River
Indians shall furnish from time to time to the commission a list of all Indians
who have become eligible, and shall certify under oath that the Indians named
in the list are included in the terms of the treaty. [Amended by 1973 c.723 §56]
497.175 [1969
c.506 §3; repealed by 1973 c.723 §130]
497.200 [1973
c.723 §58; 1979 c.615 §2; repealed by 1979 c.615 §4]
497.208
[Formerly 497.760; repealed by 1979 c.615 §4]
497.210
[Amended by 1955 c.109 §2; repealed by 1973 c.723 §130]
OCCUPATIONAL LICENSES, REQUIREMENTS AND
FEES
497.218 Fur dealer license; records.
(1) No person shall engage in the business of buying the skins or pelts of any
fur-bearing mammal unless the person has first obtained from the State Fish and
Wildlife Commission a fur dealer license.
(2)
Every fur dealer shall maintain a record of transactions involving the skins or
pelts of fur-bearing mammals. The record shall be in such form and contain such
information as the commission, by rule, prescribes to accurately indicate the
date, type and number of skins or pelts received and the name and address of
the person with whom such transaction was made. [1973 c.723 §60]
497.220 [Repealed
by 1955 c.109 §1]
497.228 Wildlife propagation license;
grounds for license denial; records; rules. (1) No
person shall engage in the business of propagating game birds or game mammals
for sale unless a wildlife propagation license is first obtained from the State
Department of Fish and Wildlife.
(2)
The State Fish and Wildlife Commission may refuse to issue a license to an
applicant if the commission finds that the conduct of the wildlife propagation
business would tend to be harmful to existing wildlife populations.
(3)
The commission, by rule, may prescribe requirements for the care, inspection,
transportation and the sale, taking or other disposition of the game birds or
game mammals and for such record keeping and reporting procedures as will
insure that the propagation activities are conducted in such manner as will not
be harmful to existing wildlife populations. [1973 c.723 §61; 1987 c.139 §1]
497.230
[Amended by 1967 c.431 §2; repealed by 1973 c.723 §130]
497.238 Taxidermy license; records.
(1) No person shall engage in the business of taxidermy unless the person first
obtains from the State Fish and Wildlife Commission a taxidermist license.
(2)
Every licensed taxidermist shall maintain a record of the taxidermy work the
person performs. The record shall be in such form and contain such information
as the commission, by rule, prescribes to accurately indicate the date, type
and number of wildlife species received for taxidermy work and the name and
address of the persons from whom the wildlife species were received. [1973
c.723 §62]
497.240
[Repealed by 1973 c.723 §130]
497.248 Private hunting preserve license;
requirements for preserve; rules; records. (1) No
person shall engage in the business of operating a private hunting preserve for
the hunting of privately owned or propagated game birds unless the person first
obtains from the State Fish and Wildlife Commission a private hunting preserve
license.
(2)
The commission shall issue a private hunting preserve license to an applicant
therefor if the commission finds that the operation of the preserve will meet
the following requirements:
(a)
The preserve is on one continuous tract of land owned by the applicant or
leased by the applicant and contains:
(A)
Not more than 640 acres, if the preserve is located in the area west of the
summit of the Cascade Mountains; or
(B)
Not more than 1,280 acres, if the preserve is located in the area east of the
summit of the Cascade Mountains.
(b)
The preserve is located at least one-half mile from any other licensed private
hunting preserve.
(c)
No portion of the preserve is located closer than one-half mile to any park,
wilderness area, refuge or wildlife management area operated by any agency of
the state or federal government.
(d)
The exterior boundaries of the preserve are clearly defined and posted with
signs erected around the extremity at intervals of 1,320 feet or less. The
signs shall comply with requirements prescribed by the State Department of Fish
and Wildlife.
(e)
The applicant has facilities to propagate or hold not less than 500 of each
wildlife species to be released for hunting.
(f)
The applicant will not prevent or attempt to prevent public hunting on lands
adjacent to the preserve.
(3)(a)
The commission, by rule, shall prescribe the time, manner and place of hunting
on private preserves, the wildlife species to be hunted, requirements for the
care and marking of wildlife raised on the preserve, the release of wildlife
received from another state, the procedures for marking indigenous wildlife
incidentally taken on the preserve and the fees therefor, and record keeping
and reporting procedures.
(b)
Pursuant to paragraph (a) of this subsection, the commission shall:
(A)
Allow private hunting preserve operators to use plastic poultry leg bands for
marking wildlife species to be released for hunting.
(B)
Allow the transportation of game birds killed on a private hunting preserve if
the birds are cleaned, wrapped, packaged and accompanied by a transportation
form from the preserve that states the number and sex of the birds being
transported.
(C)
Require private hunting preserve operators to have at least 10 resident private
hunting preserve permits, 10 nonresident private hunting preserve permits and
10 wild bird seals. This requirement shall apply to each operator, regardless
of the number of preserves operated by that person.
(4)
No person shall hunt on a private hunting preserve unless the person first
obtains from the commission a hunting license or a private hunting preserve
permit. [1973 c.723 §63; 1999 c.667 §4; 2001 c.151 §1; 2001 c.161 §1; 2003
c.616 §1]
497.249 Revocation or refusal to renew
private hunting preserve license. (1) In
addition to the penalties provided in ORS 496.992, the State Department of Fish
and Wildlife may revoke or refuse to renew a license issued under ORS 497.248
if the operator fails to comply with any provision of ORS 497.248 or any rule
adopted by the State Fish and Wildlife Commission in relation to the operation
of private hunting preserves.
(2)
A new license may not be issued to a person whose license has been revoked
unless it appears to the satisfaction of the department that the person will
comply with the provisions of ORS 497.248 and the rules adopted by the
commission in relation to the operation of private hunting preserves.
(3)
Notwithstanding subsection (1) of this section, the department may not revoke a
license for a first violation.
(4)
Prior to revoking or refusing to renew a license, the department shall serve
written notice, in the manner prescribed for contested case proceedings
pursuant to ORS 183.415, on the operator of the private hunting preserve,
ordering the operator to:
(a)
Notify the department within 30 days of the service of the notice if the
operator seeks a review of the proposed revocation or refusal to renew the
license in the manner provided for contested case proceedings in ORS 183.413 to
183.470; and
(b)
Set forth in any notification under paragraph (a) of this subsection the
operator’s reasons why the license should be renewed or not be revoked.
(5)
At the conclusion of a contested case proceeding conducted by the department
pursuant to subsection (4) of this section, an operator may petition the
commission for a review of the determination by the department. [2001 c.151 §3]
Note:
497.249 was added to and made a part of the wildlife laws by legislative action
but was not added to ORS chapter 497 or any smaller series therein. See Preface
to Oregon Revised Statutes for further explanation.
497.250 [Amended
by 1959 c.692 §11; repealed by 1973 c.723 §130]
497.252 Fish propagation license; terms
and conditions; rules; applicability of other licensing laws.
(1) Except as provided in ORS 508.700 to 508.745 and 622.220, no person shall
engage in the business of propagating game fish or food fish for sale unless a
fish propagation license is first obtained from the State Department of Fish
and Wildlife.
(2)
The State Fish and Wildlife Commission may refuse to issue a license to an
applicant if the commission finds that the conduct of the fish propagation
business would tend to be harmful to existing game fish or food fish
populations.
(3)
The commission, by rule, may prescribe requirements for the care, inspection,
transportation and the sale, taking or other disposition of the game fish or
food fish, and for such record keeping and reporting procedures as will insure
that the propagation activities are conducted in such manner as will not be
harmful to existing game fish or food fish populations.
(4)
Persons propagating the following food fish under the license prescribed in
subsection (1) of this section are exempt from the licensing provisions of ORS
508.025 and 508.035:
(a)
Food fish raised entirely in, then harvested from facilities which are enclosed
or designed to prevent escape and from which the fish are not released for
natural rearing.
(b)
Food fish harvested from the wild under licenses prescribed in ORS 508.025 and
508.035 and on which the appropriate fee has been paid at the time holding or rearing
commences in the licensed fish propagation facility.
(5)
As used in this section, food fish has the meaning as defined in ORS 506.011. [1987
c.139 §3; 1991 c.701 §16]
497.258 Fees.
The State Department of Fish and Wildlife is authorized to issue, upon
application, to persons desiring to engage in the following occupations the
following licenses and shall charge therefor the following fees:
(1)
Resident annual fur dealer license, $50.
(2)
Resident annual taxidermist license, $50.
(3)
Resident annual wildlife propagation license, $25.
(4)
Resident annual fish propagation license, $125.
(5)
Resident annual private hunting preserve license, $200. [1973 c.723 §54; 1979
c.615 §3; 1985 c.565 §79; 1987 c.139 §4; 2009 c.832 §15]
497.260
[Amended by 1969 c.61 §1; repealed by 1973 c.723 §130]
497.268 Inspection of occupational
licenses. The holder of any license issued
pursuant to ORS 497.218 to 497.248 shall consent to the inspection by any
person authorized to enforce the wildlife laws of any such license and any
records the holder is required to keep by the wildlife laws or any rule
promulgated pursuant thereto. [1973 c.723 §64]
497.270
[Amended by 1971 c.55 §1; repealed by 1973 c.723 §130]
497.275 [1971
c.55 §2; repealed by 1973 c.723 §130]
497.280
[Amended by 1971 c.658 §24; repealed by 1973 c.723 §130]
497.285 [1961
c.335 §§2, 3, 4; 1969 c.501 §1; 1971 c.743 §397; repealed by 1973 c.723 §130]
497.290
[Amended by 1971 c.658 §25; repealed by 1973 c.723 §130]
SPECIAL PERMITS
497.298 Scientific taking permit; rules.
(1) Any person desiring to take wildlife for scientific purposes shall first
obtain from the State Fish and Wildlife Commission a scientific taking permit.
The commission, by rule, shall prescribe a procedure for applying for permits
and the form thereof, and shall prescribe the terms and conditions of taking
wildlife under the permit to insure that wildlife taken pursuant to the permit
will be used only for scientific purposes.
(2)
No person who holds a scientific taking permit shall violate any of the terms
or conditions of the permit.
(3)
As used in this section, “scientific purposes” means the study or examination
of wildlife for the acquisition of knowledge thereof. [1973 c.723 §65]
497.308 Wildlife holding and habitat removal
permits; rules. (1) No person shall remove from
its natural habitat or acquire and hold in captivity any live wildlife in
violation of the wildlife laws or of any rule promulgated pursuant thereto.
(2)
The State Fish and Wildlife Commission may promulgate rules to carry out the
provisions of subsection (1) of this section that include but are not limited
to:
(a)
Providing for the issuance and form of permits for the holding or removal from
habitat of wildlife.
(b)
Prescribing the wildlife species for which holding or habitat removal permits
are required.
(c)
Prescribing the terms and conditions of holding wildlife and removing wildlife
from habitat to insure the humane care and treatment of the wildlife.
(3)
No person to whom a wildlife holding or removal from habitat permit has been
issued shall violate any of the terms or conditions thereof. [1973 c.723 §66]
497.312 Special restrictions on holding
coyotes. (1) Any rules promulgated by the State
Fish and Wildlife Commission pursuant to ORS 497.308 that authorize the
acquisition and holding in captivity of a coyote must require, among other
matters:
(a)
That the holder of the permit obtain for the animal rabies inoculations;
(b)
That the animal must at all times wear an identification tag issued by the
commission;
(c)
That the holder of the permit notify the commission upon the death or the sale,
transfer, removal from the state or other disposition of the animal;
(d)
That the holder of the permit not abandon the animal; and
(e)
That the holder of the permit cause the animal to be neutered.
(2)
The holder of a permit referred to in subsection (1) of this section is subject
to the same liability and other requirements of ORS 609.135 to 609.190 as
provided for dogs.
(3)
The holder of any permit referred to in subsection (1) of this section shall at
all times be able to demonstrate to the satisfaction of the commission that the
holder has physical custody of the animal or evidence of the death or other
disposition of the animal in compliance with the provisions of this section and
ORS 497.308.
(4)
Nothing in this section or in ORS 497.308 authorizes the acquisition and
holding in captivity of any coyote not held in captivity at the State Fish and
Wildlife Facility at Pendleton before September 10, 1976, or held pursuant to a
scientific taking permit issued pursuant to ORS 497.298. [1977 c.247 §2]
497.318 Revocation of scientific taking or
wildlife holding and habitat removal permits. In
accordance with any applicable provision of ORS chapter 183, the State Fish and
Wildlife Commission may revoke a permit issued pursuant to ORS 497.298 or
497.308 if the commission determines that the holder of the permit has violated
any of the terms or conditions thereof. Revocation of a permit is in addition to
and not in lieu of any other penalty provided by law for violation of the terms
or conditions of the permit. [1973 c.723 §67]
497.325 Sturgeon hatchery operation
permits; conditions; permit restrictions; rules; fees.
(1) A person may not operate a fish hatchery for those members of the family
Acipenseridae, commonly known as green sturgeon or white sturgeon, without
holding a permit therefor from the State Fish and Wildlife Commission.
(2)
Any permit issued pursuant to this section shall be subject to such terms and
conditions as the commission considers appropriate to protect, perpetuate and
enhance the sturgeon population of the Columbia River and other waters of this
state.
(3)
The commission by rule shall specify:
(a)
The number of permits under this section that may be issued each calendar year;
(b)
The method for allocating the permits; and
(c)
The standards and criteria under which a permit must be exercised.
(4)
When issuing a permit under this section, the commission may impose any
additional conditions that the commission deems necessary to ensure compliance
with this section.
(5)(a)
A permit issued under this section for a fish hatchery operated for commercial
purposes may not authorize the use of green sturgeon or white sturgeon broodstock
taken from the wild.
(b)
The commission shall collect an annual fee of $3,000 for any permit issued
under this section that allows the artificial propagation of green sturgeon or
white sturgeon for commercial purposes. Payment of a fee under this subsection
satisfies the payment of the fee required for a fish propagation license under
ORS 497.252. [1989 c.1038 §2; 2007 c.342 §1]
497.327 Priority for certain applications
for permit for sturgeon hatchery operation. When
considering an application for a permit under ORS 497.325, the State Fish and
Wildlife Commission shall, to the greatest extent practicable, give priority to
any person who holds a permit on December 31, 2007, unless the commission finds
good cause not to give such priority. [2007 c.342 §2]
Note:
497.327 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 497 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
497.330 [1989
c.1038 §3; repealed by 2007 c.342 §5]
JUVENILE RESTRICTIONS
497.350 Hunting restriction; generally.
(1) No person younger than 12 years of age shall hunt antelope, black bear,
cougar, deer, elk, mountain goat, mountain sheep or moose.
(2)
No person younger than 14 years of age shall hunt with a firearm or bow and
arrow unless the person is accompanied by an adult, or is hunting on land owned
by the parent or legal guardian of the person. [1973 c.723 §68]
497.360 Hunter safety certificate;
training program; youth hunter mentoring program; rules.
(1) No person younger than 18 years of age shall hunt wildlife, except on the
person’s own land or land owned by the parent or legal guardian of the person,
unless the person:
(a)
Has in possession a certificate, issued by the State Fish and Wildlife
Commission or by an agency of another state, stating that the person has
satisfactorily completed a course prescribed or approved by the commission in
the safe handling of lawful hunting weapons; or
(b)
Is participating in a supervised hunt as provided in subsection (3) of this
section.
(2)
The commission, by rule, shall prescribe and administer a hunter safety
training program to provide instruction in the safe handling of lawful hunting
weapons. The program may also include instruction on wildlife and natural
resource conservation, first aid and survival and such other subjects as the
commission considers desirable to promote good outdoor conduct and respect for
the rights and property of others. The commission may cooperate and enter into
agreements with other public or private agencies and individuals in carrying
out the provisions of this subsection. The Department of State Police and the
Department of Education are directed to cooperate with the commission in
carrying out the provisions of this section.
(3)(a)
The commission, by rule, shall prescribe and administer a youth hunter
mentoring program that allows a person who is between nine and 14 years of age
to hunt while in the presence of a supervisory hunter who is 21 years of age or
older and who holds the appropriate licenses, tags and permits issued pursuant
to the wildlife laws. Only one lawful hunting weapon may be carried during a
supervised hunt under this subsection. A person participating in a supervised
hunt under this subsection may hunt wildlife under the same conditions
applicable to the supervisory hunter’s licenses, tags and permits.
(b)
The commission, by rule, may prescribe any relevant safety and ethical
standards for participation in a supervised hunt under this subsection. [1973
c.723 §69; 2007 c.352 §1]
LICENSE VIOLATIONS AND PENALTIES
497.400 Prohibited conduct.
No person shall:
(1)
Apply for, obtain or possess for personal use or for the use of any other
person more licenses, tags or permits issued by the State Fish and Wildlife
Commission than are authorized for personal use during the current year by the
wildlife laws and rules promulgated pursuant thereto.
(2)
Alter, borrow, loan or transfer to another person any license, tag or permit
issued by the commission.
(3)
In applying for a license, tag or permit issued by the commission, knowingly
make any false statement of any information required by the application
regarding the person in whose name the license, tag or permit is to be issued.
(4)
Possess any license, tag or permit that has been altered, borrowed, loaned or
transferred or for which any false statements were knowingly made in applying
therefor.
(5)
Apply for or obtain any license, tag or permit issued by the commission when
civil damages due pursuant to ORS 496.705 or when moneys due the State
Department of Fish and Wildlife from court-ordered restitutions for violations
of the wildlife laws have not been paid. [1973 c.723 §70; 1981 c.108 §2; 1987
c.213 §3]
497.410
[Amended by 1959 c.692 §12; 1971 c.446 §8; repealed by 1973 c.723 §130]
497.415 Revocation or denial of licenses,
tags or permits for wildlife law violations or failure to comply with citation.
(1) 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 order the State Fish and Wildlife Commission to
revoke all licenses, tags and permits issued to that person pursuant to the
wildlife laws. 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.
(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.
(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.
(3)
When a court orders the revocation of a license, tag or permit pursuant to this
section, 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 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 five years.
(c)
Upon having a license, tag or permit revoked for a third or subsequent time
pursuant to this section, a person is prohibited from applying for or obtaining
another such license, tag or permit.
(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 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 five years.
(c)
Upon being the subject of a court order under this subsection for a third time,
a person is prohibited from applying for or obtaining another such license, tag
or permit. [1973 c.723 §71; 1975 c.578 §4; 1977 c.350 §4; 1979 c.603 §3; 1981
c.900 §2; 1981 c.901 §3; 1983 c.740 §203; 1989 c.1056 §3; 1999 c.1051 §273;
2003 c.656 §9; 2007 c.257 §1; 2009 c.778 §5; 2010 c.58 §1; 2011 c.597 §64]
497.420
[Repealed by 1973 c.723 §130]
497.425 [1973
c.723 §71a; repealed by 1979 c.615 §4]
497.430
[Amended by 1959 c.692 §13; repealed by 1973 c.723 §130]
497.435 [1975
c.578 §2; 1977 c.350 §5; 1989 c.1056 §4; repealed by 2009 c.778 §7]
497.440
[Repealed by 1973 c.723 §130]
497.441 Prohibited activities by those
whose license, tag or permit has been revoked.
No person who has had a license, tag or permit revoked pursuant to ORS 497.415
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. [1981 c.86 §2; 2009 c.778 §6]
497.450
[Amended by 1959 c.692 §14; repealed by 1973 c.723 §130]
497.460
[Amended by 1959 c.692 §15; repealed by 1973 c.723 §130]
497.470
[Repealed by 1973 c.723 §130]
497.505
[Amended by 1957 c.259 §1; renumbered 496.006]
497.510
[Amended by 1955 c.172 §1; 1959 c.329 §1; 1965 c.72 §1; repealed by 1973 c.723 §130]
497.520
[Amended by 1955 c.171 §1; 1957 c.50 §1; 1959 c.329 §2; repealed by 1973 c.723 §130]
497.530
[Amended by 1955 c.170 §1; 1959 c.329 §3; 1965 c.72 §2; repealed by 1973 c.723 §130]
497.540
[Amended by 1955 c.173 §1; 1965 c.72 §3; repealed by 1973 c.723 §130]
497.550 [Repealed
by 1955 c.280 §2]
497.555 [1963
c.275 §1; repealed by 1973 c.723 §130]
497.560
[Amended by 1967 c.278 §4; repealed by 1973 c.723 §130]
497.570
[Repealed by 1973 c.723 §130]
497.580
[Repealed by 1955 c.280 §2]
497.590
[Repealed by 1973 c.723 §130]
497.600
[Repealed by 1973 c.723 §130]
497.610
[Amended by 1967 c.278 §5; repealed by 1973 c.723 §130]
497.620
[Repealed by 1973 c.723 §130]
497.625 [1963
c.275 §2; repealed by 1973 c.723 §130]
497.630
[Repealed by 1955 c.280 §2]
497.640
[Repealed by 1973 c.723 §130]
497.650 [1955
c.280 §1; 1973 c.95 §4; repealed by 1973 c.723 §130]
PREDATORY ANIMAL CONTROL
497.655 Voluntary contributions; county
predatory animal control program; State Department of Fish and Wildlife duties.
(1) As used in this section:
(a)
“Fur-bearing mammal,” “hunt” and “wildlife” have the meanings given those terms
in ORS 496.004.
(b)
“Predatory animals” means those animals listed in ORS 610.002, black bears,
cougars, fur-bearing mammals and gray wolves.
(2)(a)
Each application for the purchase and issuance of a license, tag or permit to
hunt wildlife pursuant to ORS 497.102 or 497.112 must include a separate
section under which the applicant may make a voluntary contribution to be used
for predatory animal control, to the extent allowable under federal and state
law, in the county or counties in which the license, tag or permit allows the
person to hunt.
(b)
A voluntary contribution made under this section does not convey a privilege to
hunt wildlife, and is considered separate from any moneys paid by the applicant
for the issuance of a license, tag or permit.
(c)
Before developing a predatory animal control program, a county shall consult
with the State Department of Fish and Wildlife or the State Department of
Agriculture, depending on the predatory animals that are part of the program.
(d)
Voluntary contributions received under this section shall be deposited in the
Wildlife Conservation Fund established under ORS 497.660.
(3)(a)
The State Department of Fish and Wildlife shall keep track of voluntary
contributions made under this section. Each quarter the department shall pay to
each county in which hunting took place under a license, tag or permit issued
under the wildlife laws an amount equal to the total of the voluntary
contributions made in association with applications for licenses, tags or
permits allowing persons to hunt in the county.
(b)
If a license, tag or permit allows the holder to hunt in an area that includes
land within more than one county, the department shall designate a
proportionate share of any voluntary contribution under this section to each
county based on the percentage of the area that is in each county. [2011 c.728 §1]
Note:
497.655 and 497.660 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 497 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
497.660 Wildlife Conservation Fund; sources;
uses. (1) The Wildlife Conservation Fund is
established in the State Treasury, separate and distinct from the General Fund.
Interest earned by the Wildlife Conservation Fund shall be credited to the
fund. Moneys in the fund are continuously appropriated to the State Department
of Fish and Wildlife to be paid to counties as provided in ORS 497.655.
(2)
The Wildlife Conservation Fund shall consist of voluntary contributions
received by the State Department of Fish and Wildlife pursuant to ORS 497.655. [2011
c.728 §2]
Note: See
note under 497.655.
497.710
[Repealed by 1973 c.723 §130]
497.720
[Repealed by 1973 c.723 §130]
497.730
[Amended by 1967 c.166 §1; 1971 c.517 §1; repealed by 1973 c.723 §130]
497.740
[Amended by 1967 c.523 §8; repealed by 1973 c.723 §130]
497.750 [Amended
by 1959 c.204 §1; 1963 c.129 §1; 1967 c.523 §9; repealed by 1973 c.723 §130]
497.760
[Amended by 1959 c.217 §1; 1967 c.501 §1; 1973 c.723 §59; renumbered 497.208]
497.770
[Repealed by 1973 c.723 §130]
497.780
[Amended by 1967 c.523 §10; repealed by 1973 c.723 §130]
497.790
[Amended by 1967 c.523 §11; repealed by 1973 c.723 §130]
497.800
[Repealed by 1973 c.723 §130]
497.810
[Amended by 1953 c.365 §3; repealed by 1973 c.723 §130]
497.820
[Amended by 1953 c.365 §3; repealed by 1973 c.723 §130]
497.830
[Repealed by 1973 c.723 §130]
497.840 [1965
c.224 §1; 1971 c.62 §1; 1973 c.723 §57; renumbered 497.162]
497.990
[Subsection (7) of 1965 Replacement Part enacted as 1955 c.295 §2; 1959 c.352 §2;
subsection (8) of 1965 Replacement Part enacted as 1961 c.335 §5; 1967 c.523 §2;
repealed by 1973 c.723 §130]
_______________