ORS Chapter 497

Chapter 497 — Licensesand Permits

2009 EDITION

LICENSESAND PERMITS

WILDLIFE

GENERALPROVISIONS

497.002 “Resident”and “nonresident” defined

497.006 Certainpersons as residents for licensing purposes

497.012 Validityof licenses on Snake River

497.014 Validityof licenses in Pacific Ocean or Columbia River; rules

497.016 Termof licenses, tags and permits

497.022 Issuanceof licenses, tags or permits by commission agents; fees

497.026 Dutyof license agents to remit funds; rules

497.032 Duplicatelicenses, tags and permits; fee

497.036 Inspectionof licenses, tags, permits and wildlife

LICENSE,TAG AND PERMIT REQUIREMENTS AND FEES

497.071 Dedicationof certain license, tag and permit fee increases

497.075 Generallicense, tag and permit requirements; exemptions

497.079 Openfishing and shellfish taking day

497.102 Huntinglicense and permit fees

497.112 Huntingtags; fees; restrictions

497.121 Anglingand shellfish licenses and tags; fees

(Temporaryprovisions relating to surcharges through 2019 are compiled as notes followingORS 497.121)

497.123 Hatcheryharvest tag rules

497.124 Anglinglicense surcharges

497.132 Combinedlicenses for residents; fee

497.134 Voluntarycontributions

497.136 Usesof certain fee increases

497.138 Licensesurcharges

497.139 FishPassage Fund

497.142 Furbearertrapping or hunting license and tag; fees

497.146 Trappereducation program; when certificate required; exceptions

497.151 Annualmigratory waterfowl stamp; fee; effect of purchase by nonresident

497.153 Annualresident upland bird stamp; fee; effect of purchase by nonresident

497.156 Annualnonresident bird-waterfowl stamp; fee

497.158 Mailand Internet license renewal

SPECIALLICENSES

497.162 Anglingand shellfish licenses for persons in state care

497.170 ColumbiaRiver Indians; free hunting and fishing licenses

OCCUPATIONALLICENSES, REQUIREMENTS AND FEES

497.218 Furdealer license; records

497.228 Wildlifepropagation license; grounds for license denial; records; rules

497.238 Taxidermylicense; records

497.248 Privatehunting preserve license; requirements for preserve; rules; records

497.249 Revocationor refusal to renew private hunting preserve license

497.252 Fishpropagation license; terms and conditions; rules; applicability of otherlicensing laws

497.258 Fees

497.268 Inspectionof occupational licenses

SPECIALPERMITS

497.298 Scientifictaking permit; rules

497.308 Wildlifeholding and habitat removal permits; rules

497.312 Specialrestrictions on holding coyotes

497.318 Revocationof scientific taking or wildlife holding and habitat removal permits

497.325 Sturgeonhatchery operation permits; conditions; permit restrictions; rules; fees

497.327 Priorityfor certain applications for permit for sturgeon hatchery operation

JUVENILERESTRICTIONS

497.350 Huntingrestriction; generally

497.360 Huntersafety certificate; training program; youth hunter mentoring program; rules

LICENSEVIOLATIONS AND PENALTIES

497.400 Prohibitedconduct

497.415 Revocationor denial of licenses, tags or permits for wildlife law violations or failureto comply with citation

497.441 Prohibitedactivities by those whose license, tag or permit has been revoked

GENERALPROVISIONS

497.002“Resident” and “nonresident” defined. Except as provided in ORS 497.006, asused in this chapter:

(1)“Resident” means a person who has resided in this state at least sixconsecutive months immediately prior to the date of making application for alicense, tag or permit issued by the State Fish and Wildlife Commission.Temporary absence from the state for a purpose other than establishingresidency outside the state shall not be considered in determining whether aperson meets the residency requirements of this subsection.

(2)“Nonresident” means any person other than a resident. [1973 c.723 §41]

497.006Certain persons as residents for licensing purposes. (1) As used inthis section:

(a)“Active member of the Armed Forces of the United States” means officers andenlisted personnel of the Armed Forces of the United States who:

(A)Reside in this state while assigned to duty at any base, station, shoreestablishment or other facility in this state;

(B)Reside in this state while serving as members of the crew of a ship that has anOregon 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 byfiling Oregon state income taxes no later than 12 months before leaving activeduty.

(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 theUnited States; and

(C)The Oregon National Guard and the National Guard of any other state orterritory.

(c)“Dependent children” includes any children of an active member of the ArmedForces of the United States who:

(A)Are under 18 years of age and not married, otherwise emancipated orself-supporting; or

(B)Are under 23 years of age, unmarried, enrolled in a full-time course of studyin an institution of higher learning and dependent on the member for overone-half of their support.

(2)The following persons shall be considered resident persons for the purpose of purchasinglicenses, 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 thecommission evidence satisfactory to the commission that the person ispermanently assigned to active duty in this state and the spouses and dependentchildren of such members.

(b)Any active member of the Armed Forces of the United States who furnishes to thecommission evidence satisfactory to the commission that the person is a memberof the Armed Forces of the United States and the spouse and dependent childrenof such member.

(c)Aliens who furnish to the commission evidence satisfactory to the commissionthat the person is attending a school in this state pursuant to a foreignstudent exchange program. [1973 c.723 §42; 1987 c.158 §112; 1987 c.162 §8; 1989c.264 §4; 2003 c.242 §5; 2005 c.831 §10]

497.010 [Repealed by1973 c.723 §130]

497.012Validity of licenses on Snake River. (1) Angling, hunting or trapping in thewaters of the Snake River or on the islands of the Snake River, where the riverforms the boundary line between the State of Oregon and the State of Idaho, bya holder of either a valid Oregon or Idaho license therefor in accordance withthe 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, sloughsor tributaries on the Oregon side of the Snake River. [1973 c.723 §43]

497.014Validity of licenses in Pacific Ocean or Columbia River; rules. (1) A personmay take fish or shellfish in the waters of the Pacific Ocean within threemiles of the coast of the State of Oregon or the State of Washington, betweenthe Oregon-Washington boundary and Cape Falcon, or in the waters of theColumbia River where it forms the Oregon-Washington boundary, if the personholds either a valid Oregon or Washington license therefor in accordance withthe laws and rules of the respective state. However, a person other than aWashington resident landing fish or taking shellfish by boat in Oregon musthold a valid Oregon angling or shellfish license. All persons landing fish byboat in Oregon are subject to all Oregon laws, rules and regulations relatingto taking fish or shellfish, including bag and length requirements.

(2)Subsection (1) of this section applies only if the State Fish and WildlifeCommission by rule determines that laws, rules or regulations of the State ofWashington, in substance or effect, contain provisions that make a valid Oregonlicense lawful in the waters of the Pacific Ocean within three miles of thecoast of the State of Oregon or the State of Washington, between theOregon-Washington boundary and Leadbetter Point, or in the waters of theColumbia 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]

497.016Term of licenses, tags and permits. Unless otherwise provided by law, alllicenses, tags and permits issued by the State Fish and Wildlife Commissionshall be valid for such period of time as the commission prescribes. [1973c.723 §44; 1981 c.445 §1]

497.020 [Repealed by1973 c.723 §130]

497.022Issuance of licenses, tags or permits by commission agents; fees. (1) The StateFish and Wildlife Commission may appoint agents to issue any of the licenses,tags or permits the commission is authorized by law to issue. The commissionshall prescribe the procedure for the issuance of such licenses, tags andpermits. Agents of the commission shall issue licenses, tags and permits inaccordance with the prescribed procedure and shall charge and collect the feesprescribed by law therefor.

(2)In addition to the fees prescribed by law for the issuance of a license, tag orpermit, the issuing agent shall charge and collect $5 for each resident annual sportsperson’slicense issued pursuant to ORS 497.132 (2)(a) and $2 each for any otherlicense, tag or permit. If the agent is a county clerk, the agent shall depositsuch additional fees in the general fund of the county for which the agent isthe clerk. If the agent is an employee of the State Department of Fish andWildlife, the moneys shall be deposited in the State Wildlife Fund. Agentsother than county clerks or department employees who issue licenses without theuse of a state computerized licensing system may retain such additional feesfor their license tag or permit issuance services. Agents other than countyclerks or department employees who issue licenses, tags or permits using astate computerized licensing system may retain such portion of the additionalfees, but not less than $2.50 for each resident annual sportsperson’s licenseissued pursuant to ORS 497.132 (2)(a) or $1 for any other license, tag orpermit, as may be specified by contract between the department and the agentfor license, tag or permit issuance service performed by the agent.

(3)If the commission finds that an agent appointed pursuant to this section hasviolated any of the provisions of law or the procedures prescribed by thecommission for the issuance of licenses, tags or permits or the collection anddisposition of fees therefrom, the commission may revoke the authority of theagent to issue licenses, tags and permits, or may suspend such authority forsuch 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; 2009c.832 §3]

497.026Duty of license agents to remit funds; rules. (1) No agent appointed by theState Fish and Wildlife Commission to issue licenses, tags or permits shallfail 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 agentsshall remit all moneys belonging to the state accruing from the issuance oflicenses, tags and permits.

(3)Notwithstanding subsection (2) of this section, the commission shall notrequire a license agent to remit moneys from the issuance of licenses, tags andpermits more often than once each month if:

(a)The license agent issues licenses, tags and permits in the amount of $12,500 orless each year; and

(b)The license agent does not use a state computerized licensing system to issuelicenses, tags and permits. [1973 c.723 §46; 1975 c.85 §1; 1987 c.345 §2; 1989c.573 §2]

497.030 [Repealed by1973 c.723 §130]

497.032Duplicate licenses, tags and permits; fee. If a license, tag or permitissued by the State Fish and Wildlife Commission is lost, destroyed or stolen,the holder thereof may submit to the commission a certificate stating that thelicense, tag or permit has been lost, stolen or destroyed, together with a feeof $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 samefee shall be charged for the duplicate license, tag or permit. Upon receipt ofthe certificate and appropriate fees, the commission shall issue to the persona 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]

497.036Inspection of licenses, tags, permits and wildlife. The holder ofany license, tag or permit to angle, take, hunt or trap must consent to theinspection of any such license, tag or permit and any wildlife taken pursuantto such license, tag or permit:

(1)By any employee of the State Fish and Wildlife Commission or any personauthorized 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. [1973c.723 §48; 1981 c.445 §4; 1991 c.67 §149; 2003 c.656 §5]

497.040 [Amended by1959 c.272 §1; repealed by 1973 c.723 §130]

497.050 [Amended by1967 c.523 §7; repealed by 1973 c.723 §130]

497.060 [Repealed by1973 c.723 §130]

497.070 [Repealed by1959 c.341 §2]