ORS Chapter 498

Chapter 498 — Hunting,Angling and Trapping Regulations;

MiscellaneousWildlife Protective Measures

2009 EDITION

HUNTING,ANGLING AND WILDLIFE REGULATIONS

WILDLIFE

GENERALPROTECTIVE PROVISIONS

498.002 Wildlifeas state property; taking, angling, hunting or trapping in violation ofwildlife law or rules prohibited

498.006 Chasingor harassing wildlife prohibited

498.012 Takingwildlife causing damage, posing public health risk or that is public nuisance

498.016 Takingcrippled or helpless wildlife

498.019 Purchase,sale or exchange of hides, antlers and other parts of deer, elk and antelope;records required

498.022 Purchase,sale or exchange of wildlife prohibited

498.026 Transactionin threatened or endangered wildlife species prohibited

498.029 Purchase,sale or exchange of fox, skunk or raccoon prohibited; exceptions

498.032 Anglingor hunting for compensation in violation of wildlife laws or rules prohibited

498.036 Possessionin field of skinned or plucked wildlife prohibited

498.042 Removalof parts of wildlife and waste of wildlife prohibited

498.046 Makingtoxic substances accessible to wildlife prohibited

498.052 Releasingdomestically raised or imported wildlife without permit prohibited

498.056 Aimingrifle from moving motor vehicle prohibited

HUNTINGAND TRAPPING RESTRICTIONS

498.102 Useof dogs to hunt or track game mammals or birds

498.106 Competitivefield trials for hunting dogs

498.112 Useof live birds for competitive shooting prohibited

498.120 Huntingon another’s cultivated or enclosed land

498.126 Huntingor assisting others to hunt or locate game animals or birds by aircraftprohibited; exemption; rules

498.136 Huntingfrom motor-propelled vehicle restricted; rules

498.142 Huntingwith artificial light restricted; rules

498.146 Shiningartificial light on game mammal, predatory animal or livestock while in or nearmotor vehicle and while in possession of weapon restricted

498.152 Agreementsrestricting parking or use of motor vehicles on certain lands

498.153 Parkingvehicle in violation of restrictions; vehicle owner subject to penalty; defense

498.154 Noticeadequate to charge defendant; delivery or posting; jurisdiction

498.155 Failureto appear; issuance of warrant

498.158 Huntingor trapping wildlife in certain governmental districts restricted

498.164 Useof dogs or bait to hunt black bears or cougars; prohibitions; exemptions;penalties; rules

498.166 Bearsor cougars posing threat to human safety

498.170 Hunterswho have a visual impairment

498.172 Trapcheck requirements

498.180 Saleof hunts for feral swine prohibited; penalties; revocation of hunting licenses,tags and permits

498.182 Knowinglyallowing feral swine to roam on certain lands prohibited; rules

ANGLINGRESTRICTIONS; FISH PROTECTIVE PROVISIONS

498.208 Useof electricity or foreign substances to take game fish prohibited; rules

498.216 Anglingfrom fishways restricted; rules

498.222 Transportationor release of fish without permit prohibited; penalties; revocation of anglinglicenses and tags; suit for recovery of damages

498.228 Possessionof fish taken outside state restricted

498.234 Protectionof finfish and shellfish from introduction of disease; rules; exceptions; rules

498.242 Possessionof walking catfish and piranha restricted

498.247 Protectionof juvenile salmonids from cormorants

ANGLINGCONTESTS

498.279 Blackbass and walleye angling contests; rules

498.286 Prizelimitation

SCREENINGAND BY-PASS DEVICES FOR WATER DIVERSIONS OR OBSTRUCTIONS

498.301 Policy

498.306 Screeningor by-pass devices for water diversions; fees; costs

498.316 Exemptionfrom screening or by-pass devices

498.321 Screeningor by-pass standards

498.326 Departmentguidelines for screening and by-pass projects; expenditure of funds

498.336 Statutesnot construed to limit ability to acquire funding for screening or by-passdevices

498.341 Additionalfunding

498.346 Injunctionto require compliance with screening or by-pass requirements

OUTDOORCLUB REGULATION

498.400 Definitionsfor ORS 498.400 to 498.464

498.406 Licenseto operate certain outdoor clubs required; promotional activities for sale ofmembership without license prohibited

498.412 Applicationof ORS 498.406

498.418 Licenseapplication; form; fee

498.424 Reportto commission required; suspension of license pending investigation of reportedinformation

498.432 Noticeto applicant upon receipt of license application; order granting or denyinglicense; procedure

498.438 Investigatorypower of commission over outdoor clubs required to be licensed

498.444 Informationdeveloped in licensing process as public record

498.452 Groundsfor denial or revocation of license

498.458 Termof license; renewal fee

498.464 Commissionauthority to restrain violations of outdoor club laws

PENALTIES

498.993 Penaltyfor violation of outdoor club laws

GENERALPROTECTIVE PROVISIONS

498.002Wildlife as state property; taking, angling, hunting or trapping in violationof wildlife law or rules prohibited. (1) Wildlife is the property of the state.No person shall angle for, take, hunt, trap or possess, or assist another inangling for, taking, hunting, trapping or possessing any wildlife in violationof the wildlife laws or of any rule promulgated pursuant thereto.

(2)No person shall angle for, take, hunt or trap, or assist another in anglingfor, taking, hunting or trapping any wildlife while intentionally violating ORS164.245 to 164.270 or 498.120. [1973 c.723 §73; 1993 c.440 §1; 2003 c.656 §10]

498.005 [Amended by1971 c.658 §26; repealed by 1973 c.723 §130]

498.006Chasing or harassing wildlife prohibited. Except as the State Fish andWildlife Commission by rule may provide otherwise, no person shall chase,harass, molest, worry or disturb any wildlife except while engaged in lawfullyangling for, taking, hunting or trapping such wildlife. [1973 c.723 §74; 2003c.656 §11]

498.010 [Repealed by1957 c.249 §1]

498.012Taking wildlife causing damage, posing public health risk or that is publicnuisance.(1) Nothing in the wildlife laws is intended to prevent any person from takingany wildlife that is causing damage, is a public nuisance or poses a publichealth risk on land that the person owns or lawfully occupies. However, noperson shall take, pursuant to this subsection, at a time or undercircumstances when such taking is prohibited by the State Fish and WildlifeCommission, any game mammal or game bird, fur-bearing mammal or nongamewildlife species, unless the person first obtains a permit for such taking fromthe commission.

(2)(a)Nothing in subsection (1) of this section requires a permit for the taking ofcougar, bobcat, red fox or bear pursuant to that subsection. However, anyperson who takes a cougar, bobcat, red fox or bear must have in possessionwritten authority therefor from the landowner or lawful occupant of the landthat complies with subsection (4) of this section.

(b)Nothing in subsection (1) of this section requires the commission to issue apermit for the taking of any wildlife species for which a U. S. Fish andWildlife Service permit is required pursuant to the Migratory Bird Treaty Act(16 U.S.C. §§703 to 711), as amended.

(3)Any person who takes, pursuant to subsection (1) of this section, any cougar,bobcat, red fox, bear, game mammal, game bird, fur-bearing mammal or wildlifespecies whose survival the commission determines is endangered shallimmediately report the taking to a person authorized to enforce the wildlifelaws, and shall dispose of the wildlife in such manner as the commissiondirects. In determining procedures for disposal of bear and cougar, thecommission shall direct the State Department of Fish and Wildlife to firstoffer the animal to the landowner incurring the damage.

(4)The written authority from the landowner or lawful occupant of the landrequired by subsection (2) of this section for the taking of cougar, bobcat,red fox or bear must set forth all of the following:

(a)The date of issuance of the authorization;

(b)The name, address, telephone number and signature of the person granting theauthorization;

(c)The name, address and telephone number of the person to whom the authorizationis granted;

(d)The wildlife damage control activities to be conducted, whether for bear,cougar, red fox or bobcat; and

(e)The expiration date of the authorization, which shall be not later than oneyear from the date of issuance of the authorization.

(5)Any regional office of the State Department of Fish and Wildlife ordering thedisposal of an animal under subsection (3) of this section shall file a reportwith the State Fish and Wildlife Director within 30 days after the disposal.The report shall include but need not be limited to the loss incurred, thefinancial impact and the disposition of the animal. The director shall compileall reports received under this subsection on a bimonthly basis. The reportscompiled by the director shall be available to the public upon request.

(6)As used in this section:

(a)“Damage” means loss of or harm inflicted on land, livestock or agricultural orforest crops.

(b)“Nongame wildlife” has the meaning given that term in ORS 496.375.

(c)“Public nuisance” means loss of or harm inflicted on gardens, ornamentalplants, ornamental trees, pets, vehicles, boats, structures or other personalproperty. [1973 c.723 §75; 1977 c.136 §2; 1979 c.399 §3; 1985 c.332 §1; 1985c.489 §1a; 1999 c.531 §1; 2003 c.248 §1]

498.015 [Amended by1959 c.529 §1; repealed by 1973 c.723 §130]

498.016Taking crippled or helpless wildlife. Nothing in the wildlife laws is intendedto prohibit any person from killing any crippled or helpless wildlife when thekilling is done for a humane purpose. Any person so killing any wildlife shallimmediately report such killing to a person authorized to enforce the wildlifelaws, and shall dispose of the wildlife in such manner as the State Fish andWildlife Commission directs. [1973 c.723 §76]

498.019Purchase, sale or exchange of hides, antlers and other parts of deer, elk and antelope;records required.(1) If the State Fish and Wildlife Commission, pursuant to its authority underORS 498.022, establishes a license for the purchase of deer, elk and antelopehides and antlers, any person holding such license shall also be authorized topurchase, sell or exchange, or offer to purchase, sell or exchange, the hooves,dewclaws and sinews of deer, elk and antelope.

(2)A licensee under subsection (1) of this section shall maintain a record oftransactions involving specimens of deer, elk or antelope. The record shall bein such form and contain such information as the commission, by rule,prescribes to accurately indicate the date, type and number of specimensreceived and the name and address of the person with whom such transaction wasmade. [1995 c.711 §2]

498.020 [Amended by1959 c.529 §2; repealed by 1973 c.723 §130]

498.022Purchase, sale or exchange of wildlife prohibited. Except as theState Fish and Wildlife Commission by rule may provide otherwise, no personshall purchase, sell or exchange, or offer to purchase, sell or exchange anywildlife, or any part thereof. [1973 c.723 §77]

498.025 [Amended by1961 c.276 §1; renumbered 498.820]

498.026Transaction in threatened or endangered wildlife species prohibited. (1) Except asprovided in subsection (2) of this section, no person shall take, import,export, transport, purchase or sell, or attempt to take, import, export,transport, purchase or sell, any threatened species or endangered species, orthe skin, hides or other parts thereof, or any article made in whole or in partfrom the skin, hide or other parts of any threatened species or endangeredspecies.

(2)Nothing in subsection (1) of this section is intended to prevent the taking,importation, transportation or sale of any threatened species or endangeredspecies in such manner as may be autho