Chapter 496

ATTY. GEN. OPINIONS: Commission authority to restrict use of boat ramp it locates on state land, (1971) Vol 35, p 900

496.004

NOTES OF DECISIONS

Gutting and dressing deer killed by another is not hunting. State v. Hoygaard, 59 Or App 473, 651 P2d 168 (1982)

ATTY. GEN. OPINIONS: Activities and services constituting “guiding” services within meaning of this section, (1978) Vol 39, p 359; jurisdiction of Fish and Wildlife Commission over nonindigenous wildlife, (1979) Vol 39, p 728; jurisdiction of Fish and Wildlife Commission over nonindigenous wildlife, (1994) Vol 47, p 169, overruling in part (1979) Vol 39, p 728

496.009

See annotations under ORS 496.010 in permanent edition.

496.012

ATTY. GEN. OPINIONS: Jurisdiction of Fish and Wildlife Commission over nonindigenous wildlife, (1979) Vol 39, p 728; Department of Fish and Wildlife’s obligation to regulate wildlife populations on private and public lands in manner consistent with primary use intended by landowner, (1980) Vol 41, p 1; jurisdiction of Fish and Wildlife Commission over nonindigenous wildlife, (1994) Vol 47, p 169, overruling in part (1979) Vol 39, p 728

496.108

See annotations under ORS 496.130 in permanent edition.

496.146

See annotations under ORS 496.175, 496.185, 496.235, 496.405, 496.410 and 496.505 in permanent edition.

496.162

See annotations under ORS 496.190 and 496.215 in permanent edition.

496.172 to 496.182

ATTY. GEN. OPINIONS: Responsibility of Fish and Wildlife Commission under Endangered Species Act when declaring fishing season, (1995) Vol 47, p 232

496.620

NOTES OF DECISIONS

Immunity is subject to requirement that person act in good-faith belief that person is enforcing game laws or exercising duties or privileges. Dickens v. DeBolt, 288 Or 3, 602 P2d 246 (1979)

To rely on immunity defense under ORS 30.265, agency must show that employees instituting action were authorized to enforce wildlife laws and were acting pursuant to that authorization. Franke v. State Department of Fish and Wildlife, 166 Or App 660, 2 P3d 921 (2000)

496.680

NOTES OF DECISIONS

Where there was no evidence that defendant’s weapon was used to kill animals, it was error to order weapon forfeited. State v. New, 113 Or App 88, 830 P2d 614 (1992)

496.705

NOTES OF DECISIONS

The phrase “knowingly unlawful killing” in this statute imports a standard of intent to cause a killing of fish and does not establish a standard of negligence. State ex rel State Game Comm. v. Gold Hill Irr. Dist., 18 Or App 99, 523 P2d 1287 (1974), Sup Ct review denied

496.710

NOTES OF DECISIONS

Transactional immunity is self executing only when witness is subpoenaed by state, not when subpoenaed by defendant. State v. Gorham, 121 Or App 347, 854 P2d 971 (1993), as modified by 123 Or App 582, 859 P2d 1201 (1993), Sup Ct review denied

LAW REVIEW CITATIONS: 51 OLR 573 (1972)

496.992

See also annotations under ORS 496.990 in permanent edition.

ATTY. GEN. OPINIONS: Violators subject to imprisonment, (1976) Vol 37, p 1068; Criminal liability for commercial fishing licenses issued in return for N.S.F. check, (1981) Vol. 42, p 156