USA Statutes : oregon
Title : TITLE 41 WILDLIFE
Chapter : Chapter 496 Application, Administration and Enforcement of Wildlife Laws
As used in the wildlife laws, unless the
context requires otherwise:

(1) “Angle” means to take or attempt to take a fish for personal
use by means involving hook and line.

(2) “Commission” means the State Fish and Wildlife Commission
created by ORS 496.090.

(3) “Compatible” means capable of existing in harmony so as to
minimize conflict.

(4) “Department” means the State Department of Fish and Wildlife
created by ORS 496.080.

(5) “Director” means the State Fish and Wildlife Director appointed
pursuant to ORS 496.112.

(6) “Endangered species” means:

(a) Any native wildlife species determined by the commission to be
in danger of extinction throughout any significant portion of its range
within this state.

(b) Any native wildlife species listed as an endangered species
pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16
U.S.C. 1531), as amended.

(7) “Fund” means the State Wildlife Fund created by ORS 496.300.

(8) “Fur-bearing mammal” means beaver, bobcat, fisher, marten,
mink, muskrat, otter, raccoon, red fox and gray fox.

(9) “Game mammal” means antelope, black bear, cougar, deer, elk,
moose, mountain goat, mountain sheep and silver gray squirrel.

(10) “Hunt” means to take or attempt to take any wildlife by means
involving the use of a weapon or with the assistance of any mammal or
bird.

(11) “Manage” means to protect, preserve, propagate, promote,
utilize and control wildlife.

(12) “Optimum level” means wildlife population levels that provide
self-sustaining species as well as taking, nonconsumptive and
recreational opportunities.

(13) “Person with a disability” means a person who complies with
the requirement of ORS 496.018.

(14) “Shellfish” has the meaning given that term in ORS 506.011.

(15) “Species” means any species or subspecies of wildlife.

(16) “Take” means to kill or obtain possession or control of any
wildlife.

(17) “Threatened species” means:

(a) Any native wildlife species the commission determines is likely
to become an endangered species within the foreseeable future throughout
any significant portion of its range within this state.

(b) Any native wildlife species listed as a threatened species
pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16
U.S.C. 1531), as amended.

(18) “Trap” means to take or attempt to take any wildlife by means
involving the use of a trap, net, snare or other device used for the
purpose of capture.

(19) “Wildlife” means fish, shellfish, wild birds, amphibians and
reptiles, feral swine as defined by State Department of Agriculture rule
and other wild mammals. [1973 c.723 §3; 1975 c.253 §5; 1977 c.136 §1;
1979 c.399 §1; 1979 c.615 §1a; 1985 c.60 §7; 1987 c.686 §1; 1991 c.67
§148; 1993 c.659 §1; 1999 c.25 §3; 2001 c.125 §1; 2003 c.656 §1] As used in the wildlife laws, unless
the context requires otherwise, “game bird” means:

(1) Those members of the family Anatidae, commonly known as swans,
geese, brant and river and sea ducks.

(2) Those members of the family Columbidae, commonly known as
mourning doves and bandtailed pigeons.

(3) Those members of the family Tetranidae, commonly known as
grouse, ptarmigan and prairie chickens.

(4) Those members of the family Phasianidae, commonly known as
pheasants, quail and partridge.

(5) Those members of the family Meleagrididae, commonly known as
wild turkey.

(6) Those members of the family Scolopacidae, commonly known as
snipe and woodcock.

(7) Those members of the family Gruidae, commonly known as cranes.

(8) Those members of the family Rallidae, commonly known as rails,
gallinules and coots. [1973 c.723 §4] As used in the wildlife laws, unless
the context requires otherwise, “game fish” means:

(1) Those members of the family Salmonidae, commonly known as
trout, steelhead, char, grayling, Atlantic salmon and whitefish.

(2) Those members of the family Salmonidae, commonly known as
salmon, when under 15 inches in length or when taken by angling.

(3) Those members of the family Ictaluridae, commonly known as
freshwater catfish.

(4) Those members of the family Centrarchidae, commonly known as
freshwater bass, sunfish and crappie.

(5) Those members of the family Acipenseridae, commonly known as
green sturgeon and white sturgeon, when taken by angling.

(6) Perca flavescens, commonly known as yellow perch.

(7) Stizostedion vitreum, commonly known as walleye.

(8) Catostomus luxatus, commonly known as mullet.

(9) Morone saxatilis, commonly known as striped bass.

(10) Alosa sapidissima, commonly known as American shad, when taken
by angling. [1973 c.723 §§5,131; 1999 c.1026 §18] It is the policy of the State of Oregon
that wildlife shall be managed to prevent serious depletion of any
indigenous species and to provide the optimum recreational and aesthetic
benefits for present and future generations of the citizens of this
state. In furtherance of this policy, the State Fish and Wildlife
Commission shall represent the public interest of the State of Oregon and
implement the following coequal goals of wildlife management:

(1) To maintain all species of wildlife at optimum levels.

(2) To develop and manage the lands and waters of this state in a
manner that will enhance the production and public enjoyment of wildlife.

(3) To permit an orderly and equitable utilization of available
wildlife.

(4) To develop and maintain public access to the lands and waters
of the state and the wildlife resources thereon.

(5) To regulate wildlife populations and the public enjoyment of
wildlife in a manner that is compatible with primary uses of the lands
and waters of the state.

(6) To provide optimum recreational benefits.

(7) To make decisions that affect wildlife resources of the state
for the benefit of the wildlife resources and to make decisions that
allow for the best social, economic and recreational utilization of
wildlife resources by all user groups. [1973 c.723 §6; 1993 c.659 §2;
2001 c.762 §6]
Nothing in the wildlife laws is intended to affect any of the provisions
of the commercial fishing laws. However, nothing in the commercial
fishing laws is intended to authorize the taking of game fish in any
manner prohibited by the wildlife laws. [1973 c.723 §7] In order to be
considered a person with a disability under the wildlife laws, a person
shall provide to the State Fish and Wildlife Commission either:

(1) Written certification from a licensed physician or certified
nurse practitioner that states that the person:

(a) Is permanently unable to walk without the use of, or assistance
from, a brace, cane, crutch, prosthetic device, wheelchair, scooter or
walker;

(b) Is restricted by lung disease to the extent that the person’s
forced expiratory volume for one second, when measured by a spirometer,
is less than 35 percent predicted, or arterial oxygen tension is less
than 55 mm/Hg on room air at rest;

(c) Has a cardiac condition to the extent that the person’s
functional limitations are classified in severity as Class III or Class
IV, according to standards established by the American Heart Association;

(d) Has a permanent, physical impairment that prevents the person
from holding or shooting a firearm or bow or from holding a fishing rod
in hand; or

(e) Has central visual acuity that permanently does not exceed
20/200 in the better eye with corrective lenses, or the widest diameter
of the visual field is no greater than 20 degrees; or

(2) 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 65
percent disabled. [1999 c.25 §2; 2001 c.571 §1; 2005 c.471 §12]STATE DEPARTMENT OF FISH AND WILDLIFE; COMMISSION; DIRECTOR; DUTIES AND
POWERS GENERALLY There is hereby
established in the executive branch of the government of this state under
the State Fish and Wildlife Commission a department to be known as the
State Department of Fish and Wildlife. The department shall consist of
the director of the department and all personnel employed in the
department. [1975 c.253 §7; 1993 c.659 §3](1) There is established within the State Department of Fish and
Wildlife the Fish Screening Task Force consisting of seven members
appointed by the State Fish and Wildlife Commission.

(2) Three members shall be appointed to represent agricultural
interests, three shall be appointed to represent fishing or fish
conservation interests and one member shall be appointed to represent the
public. Members of the task force shall serve for two-year terms. No
member of the task force shall serve for more than three consecutive
two-year terms.

(3) A member of the task force shall receive no compensation for
services as a member. However, subject to any applicable law regulating
travel and other expenses of state officers and employees, a member shall
be reimbursed for actual and necessary travel and other expenses incurred
in the performance of official duties from such moneys as may be
available therefor in the State Wildlife Fund.

(4) The task force shall meet at such times and places as may be
determined by the chair or by a majority of the members of the task force.

(5) The duties of the task force are:

(a) To advise the department in the development of a comprehensive
cost-sharing program for the installation of fish screening or by-pass
devices in water diversions.

(b) To advise the department in establishing a stable and equitable
funding system for the installation and maintenance of fish screening and
by-pass devices.

(c) To advise the department in identifying sources and applying
for grants from local, state and federal governmental agencies for
funding the installation and maintenance of fish screening and by-pass
devices.

(d) To advise the department in monitoring fish screening programs.

(e) To advise the department in a survey and study of fish
screening technology to determine the most cost-effective alternatives
for screening in the various situations that may be encountered in the
implementation of fish screening in this state.

(f) To advise the department in preparing a report on the capital
costs and effectiveness of the program provided in ORS 498.306.

(g) To advise the department on the creation of the priority
criteria and the priority listing referred to in ORS 498.306 (13)(a) or
(d). [1991 c.858 §6; 1995 c.426 §3; 2005 c.22 §368](1) There is established a
State Fish and Wildlife Commission that shall consist of seven members
appointed by the Governor.

(2) The term of office of each member is four years, but a member
serves at the pleasure of the Governor. Before the expiration of the term
of a member, the Governor shall appoint a successor. A member is eligible
for reappointment. If there is a vacancy for any cause, the Governor
shall make an appointment to become immediately effective for the
unexpired term.

(3) All appointments of members of the commission by the Governor
are subject to confirmation by the Senate pursuant to section 4, Article
III, Oregon Constitution.

(4) One member of the commission shall be appointed from each of
the congressional districts referred to in ORS 188.135, one member from
that portion of the state lying west of the Cascade Mountains and one
member from that portion of the state lying east of the Cascade Mountains.

(5) Members appointed to the commission shall be residents of this
state, as defined in ORS 497.002.

(6) All members of the commission shall represent the public
interest of the state and make decisions affecting the wildlife resources
of the state for the benefit of those resources. Consistent with the
requirements of this subsection, the commission shall provide for the
productive and sustainable utilization of wildlife resources for all
groups of users.

(7) All members of the commission shall have a general knowledge of
fish and wildlife issues and an understanding of the operation and
functions of public policy boards and commissions. In making appointments
to the commission, the Governor shall consider appointing members who
possess natural resource backgrounds such as backgrounds in commercial
fishing, recreational fishing, hunting, agriculture, forestry and
conservation.

(8) Failure of a member to maintain compliance with the eligibility
requirements of subsections (4) and (5) of this section shall vacate
membership. Members of the commission may otherwise be removed only by
the Governor.

(9) A member of the commission is entitled to compensation and
expenses as provided in ORS 292.495. [1975 c.253 §8; 1981 c.545 §11; 1997
c.249 §177; 1999 c.697 §1; 2001 c.762 §1] (1)(a) The Governor
shall designate one member of the State Fish and Wildlife Commission as
chairperson. The member shall serve as chairperson until the member’s
term expires or until relieved by the Governor. The chairperson shall
have the powers and duties as are provided by the rules of the commission.

(b) The commission shall select one of its members as vice
chairperson, for a term and with the duties and powers necessary for the
performance of the functions of the office as the commission determines
appropriate.

(2) A majority of the members of the commission constitutes a
quorum for the transaction of business.

(3) The commission shall meet at least once every two months at a
time and place determined by the commission. The commission shall also
meet at other times and places as are specified by the call of the
chairperson or of a majority of the members of the commission.

(4) The commission may also meet jointly with authorities of other
states or of the United States to consider problems of mutual interest.

(5) The commission shall hold at least one meeting per year in each
of the congressional districts in this state. [1973 c.723 §9; 2001 c.762
§2](1) The State Fish
and Wildlife Commission shall appoint a State Fish and Wildlife Director
to serve for a term not to exceed four years unless sooner removed by the
commission.

(2) The director shall receive such salary as may be fixed by the
commission. In addition to salary, subject to applicable law regulating
travel and other expenses of state officers, the director shall be
reimbursed for actual and necessary travel and other expenses incurred in
the performance of official duties.

(3) The commission may delegate to the director any of the powers
and duties granted to or imposed upon it by law, except to revoke or
refuse to issue licenses issued pursuant to the commercial fishing laws.

(4) The commission may reappoint the director to additional terms.
[1975 c.253 §9; 1985 c.529 §3; 1993 c.659 §4; 1999 c.697 §2; 2001 c.762
§§3,4](1) In exercising any authority to adopt administrative
rules delegated by the State Fish and Wildlife Commission under ORS
496.112, the State Fish and Wildlife Director shall comply with the
requirements of ORS 496.138.

(2) Notwithstanding ORS 183.400, for any rule adopted by the
director pursuant to subsection (1) of this section, before a person may
petition the Court of Appeals to determine the validity of the rule, the
person shall first request that the State Fish and Wildlife Commission
determine the validity of the rule. The determination of the commission
may be reviewed in accordance with ORS 183.400. [1999 c.697 §5] (1) Subject to policy
direction by the State Fish and Wildlife Commission, the State Fish and
Wildlife Director shall:

(a) Be the administrative head of the State Department of Fish and
Wildlife;

(b) Have power, within applicable budgetary limitations, and in
accordance with ORS chapter 240, to hire, assign, reassign and coordinate
personnel of the department;

(c) Administer and enforce the wildlife laws of the state;

(d) Be authorized to participate in any proceeding before any
public officer, commission or body of the United States or any state for
the purpose of representing the citizens of Oregon concerning the
wildlife resources of this state;

(e) Establish such sections and divisions as are necessary to
properly carry out the work of the commission;

(f) Be responsible for the collection, application and
dissemination of information pertinent to the management of the wildlife
resources, and to the regulation of the uses of such resources; and

(g) Coordinate any activities of the department related to a
watershed enhancement project approved by the Oregon Watershed
Enhancement Board under ORS 541.375 with activities of other cooperating
state and federal agencies participating in the project.

(2) In addition to duties otherwise required by law, the director
shall prescribe internal policies and procedures for the government of
the department, the conduct of its employees, the assignment and
performance of its business and the custody, use and preservation of its
records, papers and property in a manner consistent with applicable law.

(3) In addition to any other duties assigned to the director, the
director shall report quarterly on the activities of the department to
the joint legislative committee established pursuant to ORS 171.551.

(4) The director may delegate to any employee of the department the
exercise or discharge in the director’s name of any power, duty or
function of whatever character, vested in or imposed by law upon the
director. The official act of a person so acting in the director’s name
and by the director’s authority shall be considered to be an official act
of the director.

(5) The director may restrict or otherwise limit the participation
of an employee of the department in any program administered by the
department to ensure that the programs of the department are administered
in a fair and equitable manner and that no employee of the department
gains an advantage over the public.

(6) Notwithstanding the provisions of ORS 496.112 (3), in times of
emergency or with respect to regulating wildlife taking, the director may
exercise the full powers of the commission until such times as the
emergency ends or the commission meets in formal session. [1975 c.253
§10; 1987 c.734 §12; 1993 c.659 §5; 1999 c.697 §3] For the
purpose of requesting a state or nationwide criminal records check under
ORS 181.534, the State Department of Fish and Wildlife may require the
fingerprints of a person who:

(1)(a) Is employed or applying for employment by the department; or

(b) Provides services or seeks to provide services to the
department as a contractor or volunteer; and

(2) Is, or will be, working or providing services in a position:

(a) In which the person has direct access to persons under 18 years
of age, elderly persons or persons with disabilities;

(b) That has personnel or human resources functions as one of the
position’s primary responsibilities;

(c) In which the person is providing information technology
services and has control over, or access to, information technology
systems that would allow the person to harm the information technology
systems or the information contained in the systems; or

(d) That involves the use, possession, issuance, transport,
purchase, sale or forfeiture of firearms or munitions, access to firearms
or munitions or the training of others in the use or handling of
firearms. [2005 c.730 §60]Note: 496.121 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 496 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. In addition to
such divisions as may be established by the State Fish and Wildlife
Director pursuant to ORS 496.118, there are established within the State
Department of Fish and Wildlife a Fish Division and a Wildlife Division.
The Wildlife Division shall be responsible for the management of all
wildlife, except fish and other marine life, over which the State Fish
and Wildlife Commission has regulatory jurisdiction. [1975 c.253 §11] (1) The State Fish and Wildlife
Commission shall report biennially to the Governor and to the Legislative
Assembly on the activities of the commission during the preceding
biennium. The commission shall make such additional reports as the
Governor or the Legislative Assembly may direct.

(2) The reports required by subsection (1) of this section shall be
in such form and contain such information as the commission considers
appropriate, and shall contain such other information as the Governor and
the Legislative Assembly may require. Such reports shall include all new
or amended rules, policies or procedures adopted by the commission and
shall include a summary of significant consultation activity under ORS
496.164. [1973 c.723 §11; 1993 c.659 §6](1) Consistent with the policy of
ORS 496.012, the State Fish and Wildlife Commission shall implement the
policies and programs of this state for the management of wildlife. These
policies and programs shall consider the uses of public and private lands
and utilize voluntary partnerships with private and public landowners to
protect and enhance wildlife habitat and effectively manage wildlife. In
addition, the commission shall perform any other duty vested in it by law.

(2) In accordance with the applicable provisions of ORS chapter
183, the commission shall adopt such rules and standards as it considers
necessary and proper to implement the policy and objectives of ORS
496.012 and perform the functions vested by law in the commission.

(3) Except as provided in ORS 183.335 (5), the commission shall
cause a public hearing to be held on any proposed rule or standard prior
to its adoption. The hearing may be before the commission, any designated
member thereof or any person designated by and acting for the commission.

(4) Before submitting budget requests or information to the
Governor pursuant to ORS 291.201 to 291.222, the commission shall hold a
public hearing on proposals for planned expenditures and enhancement
packages that the commission intends to recommend to the Governor for
inclusion in the Governor’s budget. [1973 c.723 §12; 1993 c.659 §7] On or before February 1 of
each odd-numbered year, the State Department of Fish and Wildlife shall
provide to the Joint Committee on Ways and Means a complete annual report
regarding activities initiated by the department in regard to the fish
screening program. The report shall include a complete budget analysis of
all costs, including in-kind costs associated with the program, the
number of screening or by-pass devices installed and the size of the
diversions on which such devices were installed. The budget analysis
shall identify all costs associated with the construction and
installation of screening or by-pass devices, administrative costs and
research and development costs associated with the program. [1995 c.426
§14] In addition to any other
duties or powers provided by law, the State Fish and Wildlife Commission:

(1) May accept, from whatever source, appropriations, gifts or
grants of money or other property for the purposes of wildlife
management, and use such money or property for wildlife management
purposes.

(2) May sell or exchange property owned by the state and used for
wildlife management purposes when the commission determines that such
sale or exchange would be advantageous to the state wildlife policy and
management programs.

(3) May acquire, introduce, propagate and stock wildlife species in
such manner as the commission determines will carry out the state
wildlife policy and management programs.

(4) May by rule authorize the issuance of such licenses, tags and
permits for angling, taking, hunting and trapping and may prescribe such
tagging and sealing procedures as the commission determines necessary to
carry out the provisions of the wildlife laws or to obtain information
for use in wildlife management. Permits issued pursuant to this
subsection may include special hunting permits for a person and immediate
family members of the person to hunt on land owned by that person in
areas where permits for deer or elk are limited by quota. As used in this
subsection, “immediate family members” means husband, wife, father,
mother, brothers, sisters, sons, daughters, stepchildren and
grandchildren. A landowner who is qualified to receive landowner
preference tags from the commission may request two additional tags for
providing public access and two additional tags for wildlife habitat
programs. This request shall be made to the Access and Habitat Board with
supporting evidence that the access is significant and the habitat
programs benefit wildlife. The board may recommend that the commission
grant the request. When a landowner is qualified under landowner
preference rules adopted by the commission and receives a controlled hunt
tag for that unit or a landowner preference tag for the landowner’s
property and does not use the tag during the regular season, the
landowner may use that tag to take an antlerless animal, when approved by
the State Department of Fish and Wildlife, to alleviate damage that is
presently occurring to the landowner’s property.

(5) May by rule prescribe procedures requiring the holder of any
license, tag or permit issued pursuant to the wildlife laws to keep
records and make reports concerning the time, manner and place of taking
wildlife, the quantities taken and such other information as the
commission determines necessary for proper enforcement of the wildlife
laws or to obtain information for use in wildlife management.

(6) May establish special hunting and angling areas or seasons in
which only persons less than 18 years of age or over 65 years of age are
permitted to hunt or angle.

(7) May acquire by purchase, lease, agreement or gift real property
and all appropriate interests therein for wildlife management and
wildlife-oriented recreation purposes.

(8) May acquire by purchase, lease, agreement, gift, exercise of
eminent domain or otherwise real property and all interests therein and
establish, operate and maintain thereon public hunting areas.

(9) May establish and develop wildlife refuge and management areas
and prescribe rules governing the use of such areas and the use of
wildlife refuge and management areas established and developed pursuant
to any other provision of law.

(10) May by rule prescribe fees for licenses, tags, permits and
applications issued or required pursuant to the wildlife laws, and user
charges for angling, hunting or other recreational uses of lands owned or
managed by the commission, unless such fees or user charges are otherwise
prescribed by law. Except for licenses issued pursuant to subsection (14)
of this section, no fee or user charge prescribed by the commission
pursuant to this subsection shall exceed $100.

(11) May enter into contracts with any person or governmental
agency for the development and encouragement of wildlife research and
management programs and projects.

(12) May perform such acts as may be necessary for the
establishment and implementation of cooperative wildlife management
programs with agencies of the federal government.

(13) May offer and pay rewards for the arrest and conviction of any
person who has violated any of the wildlife laws. No such reward shall
exceed $100 for any one arrest and conviction.

(14) May by rule prescribe fees for falconry licenses issued
pursuant to the wildlife laws, unless such fees are otherwise prescribed
by law. Fees prescribed by the commission pursuant to this subsection
shall be based on actual or projected costs of administering falconry
regulations and shall not exceed $250.

(15) May establish special fishing and hunting seasons and bag
limits applicable only to persons with disabilities.

(16) May adopt optimum populations for deer and elk consistent with
ORS 496.012. These population levels shall be reviewed at least once
every five years.

(17) Shall establish a preference system so that individuals who
are unsuccessful in controlled hunt permit drawings for deer and elk
hunting have reasonable assurance of success in those drawings in
subsequent years.

(18) May sell advertising in State Department of Fish and Wildlife
publications, including annual hunting and angling regulation
publications.

(19) May, notwithstanding the fees required by ORS 497.112, provide
free hunting tags to an organization that sponsors hunting trips for
terminally ill children. [1973 c.723 §13; 1977 c.177 §1; 1977 c.668 §1;
1981 c.445 §9; 1987 c.292 §2; 1993 c.659 §8; 1999 c.25 §4; 2001 c.253 §1;
2003 c.656 §2; 2005 c.365 §1]Note: Section 2, chapter 460, Oregon Laws 1995, provides:

Sec. 2. Notwithstanding any other provision of the wildlife laws,
during the period beginning January 1, 1996, and ending January 2, 2010,
the following provisions apply with regard to the issuance and use of
landowner preference tags referred to in ORS 496.146 (4):

(1) Landowner preference tags shall be issued for the hunting of
deer, elk or antelope.

(2) Landowner preference tags may be used only for hunting on the
landowner’s property.

(3) Landowner preference tags for the hunting of deer or elk may be
transferred to any person of the landowner’s choosing and shall be used
for the taking of antlerless animals except as authorized by subsection
(6) of this section.

(4) Landowner preference tags for the hunting of antelope are not
transferable and may not be used for the taking of buck antelope.

(5) Each landowner preference tag for the hunting of deer or elk
may be used to take two antlerless animals before, during or after the
hunting season for which the tags are valid for the purpose of
alleviating damage that is presently occurring to the landowner’s
property, in accordance with such rules as the State Fish and Wildlife
Commission may adopt.

(6) Landowner preference tags for the hunting of deer or elk that
are transferred to a person of the landowner’s choosing who is not a
member of the landowner’s immediate family may be used to take an
antlered animal only as follows:

(a) If the landowner receives one preference tag, that tag may not
be so used.

(b) If the landowner receives two, three or four preference tags,
one of those tags may be so used.

(c) If the landowner receives five, six or seven preference tags,
two of those tags may be so used.

(d) If the landowner receives eight, nine or 10 preference tags,
three of those tags may be so used. [1995 c.460 §2; 2001 c.227 §1]
Notwithstanding any other provision of the wildlife laws, the State Fish
and Wildlife Commission by rule shall establish a system for allocating
hunting permits that are limited by maximum number for the taking of deer
and elk by nonresident hunters so that a number equal to one-half of the
number of those permits issued to nonresident hunters in the previous
year are made available to the holders of registrations issued pursuant
to ORS chapter 704, and who are certified pursuant to ORS 704.060, for
the use of the clients of those registration holders. Such a system shall
include but not be limited to:

(1) Provisions to prevent misuse of the permits by the registrant
or by employees of the registrant.

(2) Provisions for revocation and refusal to issue all or any
portion of the permits based upon a commission finding of an emergency
situation or biological needs. [1997 c.342 §2; 2003 c.644 §5](1) The State Fish and Wildlife Commission shall not commence
any proceeding to exercise the power of eminent domain to acquire any
real property, or interest therein, that was devoted to farm use on
January 1, 1974, unless the commission first obtains approval therefor
from the Joint Committee on Ways and Means, or from the Emergency Board
if the Legislative Assembly is not then in session. Upon a change in the
use of such land from farm use, the commission may acquire such property,
and interests therein, by exercise of the power of eminent domain without
first obtaining legislative approval therefor. As used in this section,
“farm use” has the meaning for that term provided in ORS 215.203.

(2) The commission shall not commence any proceeding as provided in
subsection (1) of this section unless the commission has obtained
approval of its intended use of such property from the local governmental
agencies having land use planning authority over such lands. [1973 c.723
§13a; 1975 c.788 §1] (1) In
carrying out duties, functions and powers regarding the propagation of
anadromous fish prescribed in the wildlife laws and the commercial
fishing laws, the State Fish and Wildlife Commission shall give high
priority to expenditures for propagation assistance by means of
transportation of upstream and downstream migrants in those areas where
dams and other such obstacles present a passage problem to juvenile or
adult salmon.

(2) For the purposes of this section, “transportation” means any
method of helping anadromous fish to pass dams and other obstacles so as
to reduce the mortality associated with passage.

(3) Nothing in subsection (1) of this section prevents the
cooperation of the commission with the federal government in programs
financed pursuant to ORS 506.405. [1977 c.653 §2](1) After investigation of the supply and condition of
wildlife, the State Fish and Wildlife Commission, at appropriate times
each year, shall by rule:

(a) Prescribe the times, places and manner in which wildlife may be
taken by angling, hunting, trapping or other method and the amounts of
each of those wildlife species that may be taken and possessed.

(b) Prescribe such other restrictions or procedures regarding the
angling, taking, hunting, trapping or possessing of wildlife as the
commission determines will carry out the provisions of wildlife laws.

(2) In carrying out the provisions of subsection (1) of this
section, the power of the commission includes, but is not limited to:

(a) Prescribing the amount of each wildlife species that may be
taken and possessed in terms of sex, size and other physical
characteristics.

(b) Prescribing such regular and special time periods and areas
closed to the angling, taking, hunting and trapping of any wildlife
species when the commission determines such action is necessary to
protect the supply of such wildlife.

(c) Prescribing regular and special time periods and areas open to
the angling, taking, hunting and trapping of any wildlife species, and
establishing procedures for regulating the number of persons eligible to
participate in such angling, taking, hunting or trapping, when the
commission determines such action is necessary to maintain properly the
supply of wildlife, alleviate damage to other resources, or to provide a
safe and orderly recreational opportunity.

(3) Notwithstanding subsections (1) and (2) of this section, except
as provided in ORS 498.146 or during those times and at those places
prescribed by the commission for the hunting of elk, the commission shall
not prescribe limitations on the times, places or amounts for the taking
of predatory animals. As used in this subsection, “predatory animal” has
the meaning for that term provided in ORS 610.002.

(4) In carrying out the provisions of this section, before
prescribing the numbers of deer and elk to be taken, the commission shall
consider:

(a) The supply and condition of deer and elk herds;

(b) The availability of forage for deer, elk and domestic livestock
on public and private range and forest lands;

(c) The recreational opportunities derived from deer and elk
populations; and

(d) The effects of deer and elk herds on public and private range
and forest lands. [1973 c.723 §14; 1975 c.791 §1; 1981 c.218 §1; 2003
c.656 §3]The State Fish and Wildlife
Commission and the State Department of Fish and Wildlife may advise,
consult and cooperate with other agencies of this state and political
subdivisions, other states or the federal government and private
landowners with respect to fish and wildlife management. The commission
and the department shall provide such information, recommendations or
advice in writing if requested by another state or federal agency to do
so. Technical advice and information shall be based on the best available
scientific information. Policy or implementation recommendations provided
in administrative rulemaking proceedings shall be based on consideration
of all the goals of wildlife management in ORS 496.012, in addition to
applicable scientific information. State agencies, boards or commissions
receiving policy or implementation recommendations shall consider such
recommendations in the context of their respective statutory
responsibilities, and shall take into account the extent to which such
recommendations are substantiated with the best available scientific
information and based on consideration of all of the goals of wildlife
management in ORS 496.012. [1993 c.659 §11]The Legislative Assembly finds, in the interest of all Oregonians,
a necessity to improve Oregon’s resource access and wildlife habitat
through the further involvement of its citizens, through voluntary
partnership between the State Department of Fish and Wildlife and
landowners to manage wildlife on private lands and through support by
additional financial revenues. [1993 c.659 §13]THREATENED OR ENDANGERED WILDLIFE SPECIES
Notwithstanding ORS 496.004, with respect to state agency actions taken
under ORS 496.171 to 496.182 after July 17, 1995, as used in ORS 496.171
to 496.182:

(1) “Conservation” means the use of methods and procedures
necessary to bring a species to the point at which the measures provided
under ORS 496.171 to 496.182 are no longer necessary. Such methods and
procedures include, but are not limited to, activities associated with
scientific resource management such as research, census taking, law
enforcement, habitat acquisition and maintenance, propagation and
transplantation.

(2) “Native” means indigenous to Oregon, not introduced.

(3) “Species” means any group or population of wildlife that
interbreeds and is substantially reproductively isolated.

(4) “Verifiable” means scientific information reviewed by a
scientific peer review panel of outside experts who do not otherwise have
a vested interest in the process. [1995 c.590 §2]In carrying out the provisions of the wildlife
laws with regard to the management of wildlife that is a threatened
species or an endangered species, the State Fish and Wildlife Commission:

(1) Shall conduct investigations of wildlife species native to this
state and shall determine whether any such species is a threatened
species or an endangered species.

(2) By rule, shall establish and publish, and from time to time may
revise, a list of wildlife species that are threatened species or
endangered species. Listed threatened species or endangered species shall
be protected as provided in ORS 496.182.

(3) Shall work cooperatively with state agencies that have land
management authority or regulatory authority to determine their roles
within their statutory obligations in the conservation of endangered
species, as described in ORS 496.182 (8).

(4) By rule, shall establish a system of permits for scientific
taking of threatened species and endangered species and shall establish a
system of state permits for incidental taking of state-designated
threatened species and endangered species not listed by the federal
government under such terms and conditions as the commission determines
will minimize the impact on the species taken. An incidental taking
permit or statement issued by a federal agency for a species listed under
the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531),
as amended, shall be recognized by the state as a waiver of any state
protection measures or requirements otherwise applicable to the actions
allowed under the federal permit.

(5) Shall cooperate with the State Department of Agriculture in
carrying out the provisions of ORS 564.105.

(6) Shall adopt administrative rules to carry out the provisions of
ORS 496.171 to 496.182 and 498.026. [1987 c.686 §3; 1995 c.590 §3](1) The lists of threatened species or endangered
species established pursuant to ORS 496.172 (2) shall include:

(a) Those species of wildlife listed as of May 15, 1987, as a
threatened species or an endangered species pursuant to the federal
Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended;
and

(b) Those species determined as of May 15, 1987, by the State Fish
and Wildlife Commission to be threatened species or endangered species.

(2) The commission, by rule, may add or remove any wildlife species
from either list, or change the status of any species on the lists, upon
a determination that the species is or is not a threatened species or an
endangered species.

(3) A determination that a species is a threatened species or an
endangered species shall be based on documented and verifiable scientific
information about the species’ biological status. To list a species as a
threatened species or an endangered species under ORS 496.004 and 496.171
to 496.182, the commission shall determine that the natural reproductive
potential of the species is in danger of failure due to limited
population numbers, disease, predation or other natural or human actions
affecting its continued existence and, to the extent possible, assess the
relative impact of human actions. In addition, the commission shall
determine that one or more of the following factors exists:

(a) That most populations are undergoing imminent or active
deterioration of their range or primary habitat;

(b) That overutilization for commercial, recreational, scientific
or educational purposes is occurring or is likely to occur; or

(c) That existing state or federal programs or regulations are
inadequate to protect the species or its habitat.

(4) Determinations required by subsection (3) of this section shall
be made by the commission on the basis of verifiable scientific and other
data after consultation with federal agencies, other interested state
agencies, the Natural Heritage Advisory Council, other states having a
common interest in the species and interested persons and organizations.

(5) Any person may petition the commission to, by rule, add, remove
or change the status of a species on the list:

(a) A petition shall clearly indicate the action sought and shall
include documented scientific information about the species’ biological
status to justify the requested action.

(b) Within 90 days of receipt of a petition, the commission shall
respond in writing to the petitioner indicating whether the petition
presents substantial scientific information to warrant the action
requested.

(c) If the petition is found to present such information, the
commission shall commence rulemaking.

(d) A final determination by the commission concerning the action
requested in a petition shall be provided within one year from the date
of receipt of the petition, with the option for an additional 12-month
extension of time to complete the listing if the commission determines
that limited information or other appropriate considerations require the
extension.

(e) If the petition is denied, the petitioner may seek judicial
review as provided in ORS 183.484.

(6) The commission may determine not to list a species as a
threatened species or an endangered species in any of the following cases:

(a) If the species has been listed pursuant to the federal
Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended.

(b) If the species is currently on the list as a sensitive species,
or is a candidate species or has been petitioned for listing pursuant to
the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531),
as amended.

(c) If the species has been determined, pursuant to the federal
Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended,
to not qualify as a threatened species or an endangered species.

(7) Notwithstanding subsections (1) to (5) of this section, the
commission shall take emergency action to add a species to the list of
threatened species or endangered species if it determines there is a
significant threat to the continued existence of the species within the
state:

(a) The commission shall publish notice of such addition in the
Secretary of State’s bulletin and shall mail notice to affected or
interested persons whose names are included on the commission’s mailing
list for such purposes.

(b) Such emergency addition shall take effect immediately upon
publication in the Secretary of State’s bulletin and shall remain valid
for a period no longer than one year, unless during the period the
commission completes rulemaking procedures as provided in subsection (5)
of this section.

(8) The commission shall periodically review the status of all
threatened species and endangered species listed under ORS 496.171 to
496.192. Each species shall be reviewed at least once every five years to
determine whether verifiable scientific information exists to justify its
reclassification or removal from the list, according to the criteria
listed under subsections (3) and (4) of this section. If a determination
is made to reclassify a species or remove it from the list, the
commission, within 90 days, shall commence rulemaking to change the
status of the species.

(9) Notwithstanding the provisions of this section, the commission:

(a) May decide not to list a species that otherwise qualifies as a
threatened or endangered species within this state if the commission
determines that the species is secure outside this state or the species
is not of cultural, scientific or commercial significance to the people
of this state.

(b) May not include Branta canadensis leucopareia, commonly known
as the Aleutian Canada goose, on the lists of threatened species or
endangered species. [1987 c.686 §4; 1995 c.590 §4; 2005 c.402 §1](1) The burden of protecting and recovering threatened species
or endangered species can be a significant cost to the citizens of this
state and it is therefore the policy of this state to minimize
duplication and overlap between state and federal laws dealing with
threatened species or endangered species. To this end, nothing in this
section is intended to prevent the adoption of cooperative state or
federal programs when such programs provide protection for listed species
without significant impact on the primary uses of state lands.

(2) At the time the State Fish and Wildlife Commission adds a
species to the list of threatened species or endangered species under ORS
496.172, the commission shall establish by rule quantifiable and
measurable guidelines that it considers necessary to ensure the survival
of individual members of the species. These guidelines may include take
avoidance and protecting resource sites such as spawning beds, nest
sites, nesting colonies or other sites critical to the survival of
individual members of the species.

(3) For threatened species listed under ORS 496.172 and in the
absence of an approved endangered species management plan described in
subsection (8) of this section for an endangered species, if a state
agency determines that a proposed action on land it owns or leases, or
for which it holds a recorded easement, has the potential to violate the
guidelines established under subsection (2) of this section, it shall
notify the State Department of Fish and Wildlife. Within 90 days of such
notice, the department shall recommend reasonable and prudent
alternatives, if any, to the proposed action which are consistent with
the guidelines.

(4) If a state agency fails to adopt the recommendations made under
subsection (3) of this section, it shall, after consultation with the
department, demonstrate that:

(a) The potential public benefits of the proposed action outweigh
the potential harm from failure to adopt the recommendations; and

(b) Reasonable mitigation and enhancement measures shall be taken,
to the extent practicable, to minimize the adverse impact of the action
on the affected species.

(5) When an action under this section is initiated by a person
other than a state agency, the agency shall provide final approval or
denial of the proposed action within 120 days of receipt of a written
request for final determination.

(6) The provisions of this section do not apply to lands acquired
through foreclosures of loans made pursuant to programs of the Department
of Veterans’ Affairs.

(7) State land owning or managing agencies shall set priorities for
establishing endangered species management plans required by subsection
(8) of this section after consultation with the commission on the level
of biological threat and, in consideration of available funds, the
immediacy and seriousness of the threat to any listed species.

(8)(a)(A) Within four months of the listing of an endangered
species, the commission, in consultation and cooperation with the state
land owning or managing agency, shall determine if state land can play a
role in the conservation of endangered species. The commission and the
land owning or managing agency shall consider species biology and
geography of the land base to determine if the species or its habitat is
found on state land. If the species or its habitat is not found on state
land, the commission shall determine that state land has no role to play
in the conservation of the species.

(B) If the species or its habitat is found on state land, the land
owning or managing agency, in consultation with the State Department of
Fish and Wildlife, shall determine the role its state land shall serve in
the conservation of the endangered species. This role may include, but is
not limited to conservation, contribution toward conservation or take
avoidance. To carry out its consulting role under this subsection, the
department shall provide state agencies with an assessment of the
conservation needs of the endangered species. In making this
determination, the land owning or managing agency shall balance the
statutory requirements, rules and policies applicable to the agency’s
programs, the social and economic impacts that conservation would have on
the state, the conservation needs of the species, the purpose of the land
and the roles of other ownership categories. The agency shall balance
these factors consistent with the commission’s rules related to the
biological aspects of species management and the statutory obligations of
the land owning or managing agency, including the statutory purpose of
the land.

(C) After determining the role its state land shall serve in
conservation of the species, the land owning or managing agency, in
consultation with the State Department of Fish and Wildlife and
consistent with the commission’s rules related to endangered species
management plans, shall develop and approve an endangered species
management plan within 18 months from the date the species is first
listed as endangered. Endangered species management plans shall be based
on the statutes, rules and policies applicable to the agency’s programs
and shall take into account any social or economic impacts that the plan
may have on the state. The land owning or managing agency shall submit
the plan to the commission for review and approval as provided in
subparagraph (D) of this paragraph.

(D) The commission shall review the endangered species management
plan approved by the land owning or managing agency under subparagraph
(C) of this paragraph to determine whether the plan achieves the role
defined for the land under subparagraph (B) of this paragraph. Based on
the biology of the endangered species the commission may modify the
endangered species management plan if necessary to be consistent with the
role the land owning or managing agency has defined for the land under
subparagraph (B) of this paragraph and shall approve the plan as
submitted or modified within 24 months from the date the species is
listed as endangered.

(b) For state agencies other than land owning or managing agencies,
the commission, in consultation and cooperation with the agency, shall
determine whether the agency can serve a role in the conservation of
endangered species. If the commission determines that the agency has a
role to play in conservation of the endangered species, the agency shall
determine what role it shall serve in conservation of the endangered
species. The agency shall make this determination as provided in the
commission’s rules related to the biological aspects of species
management and in a manner consistent with the agency’s statutory
obligations. [1987 c.686 §5; 1995 c.590 §5](1) Nothing in ORS 496.004, 496.171 to
496.182 or 498.026 is intended, by itself, to require an owner of any
commercial forestland or other private land to take action to protect a
threatened species or endangered species, or to impose additional
requirements or restrictions on the use of private land.

(2) Notwithstanding subsection (1) of this section, other statutes
may authorize administrative rules or programs to protect wildlife
species, including threatened species or endangered species, and nothing
in ORS 496.004, 496.171 to 496.182 or 498.026 shall diminish the force or
effect of such rules or programs. [1987 c.686 §6a]SALMON FOR INDIAN CEREMONIES(1) The State of Oregon shall, through the State Department of
Fish and Wildlife, provide surplus salmon:

(a) To the Confederated Coos, Lower Umpqua and Siuslaw Indian
tribes for their historical, traditional and cultural salmon ceremonies
that take place each year.

(b) To the Cow Creek Band of the Umpqua Indians for their
historical, traditional and cultural salmon ceremonies that take place
each year.

(c) To the Coquille Tribe for their historical, traditional and
cultural salmon ceremonies that take place each year.

(d) To the Burns Paiute Tribe for their historical, traditional and
cultural salmon ceremonies that take place each year.

(2) The salmon provided by the state shall meet the expressed needs
of the Confederated Coos, Lower Umpqua and Siuslaw tribes, up to 1,000
pounds total, the Coquille Tribe, up to 1,000 pounds total, the Cow Creek
Band of the Umpqua Indians, up to 1,000 pounds total, and the Burns
Paiute Tribe, up to 500 pounds total.

(3) The salmon provided by the state may be either surplus whole
fish or carcasses.

(4) Salmon may be taken from hatcheries under either the complete
or joint control of the state. [1981 c.575 §2; 1987 c.99 §1; 1993 c.460
§1; 1995 c.137 §1; 2001 c.611 §2; 2001 c.651 §1](1) The Indian tribes referred to in ORS 496.201 (1) are required
to set forth, in writing, their request for salmon. This request shall be
submitted by the duly elected tribal governing body no later than 40 days
prior to the ceremony and shall include:

(a) The poundage of salmon required;

(b) The date of the ceremony; and

(c) A contact person that the state may refer questions to.

(2) Prior to any state action, the written request must be received
by:

(a) The State Department of Fish and Wildlife;

(b) The Attorney General; and

(c) The United States Department of Interior.

(3) The salmon shall be provided to the Indian tribes referred to
in ORS 496.201 (1) no later than 30 days after receiving a proper written
request therefor. [1981 c.575 §3; 1987 c.99 §2] (1) The State of Oregon shall
be limited to a once a year provision of salmon pursuant to ORS 496.201.

(2) If the Indian tribes referred to in ORS 496.201 (1) use salmon
provided by the state for this purpose in any manner other than that
described in ORS 496.201, they shall pay to the State Department of Fish
and Wildlife the prevailing wholesale rate per pound of the entire amount
of salmon supplied to that tribe or tribes for that year. [1981 c.575 §4;
1987 c.99 §3] Any salmon
remaining after the ceremony may be distributed to tribal members without
charge for their subsistence consumption only and not for sale, barter or
gift to others, or may be donated to a nonprofit institution or agency.
[1981 c.575 §5](1) There is established within the State
Department of Fish and Wildlife the Access and Habitat Board, consisting
of seven members appointed by the State Fish and Wildlife Commission.

(2) Three members shall be appointed to represent the broad
spectrum of hunters. In making appointments pursuant to this subsection,
the commission shall consider recommendations from the State Fish and
Wildlife Director.

(3) Three members of the board shall be appointed to represent the
broad spectrum of agriculture and timber landowners. In making
appointments pursuant to this subsection, the commission shall consider
recommendations from the State Fish and Wildlife Director from a list of
at least 15 persons submitted by the State Forester and the Director of
Agriculture.

(4) One member of the board shall be appointed to represent the
public and shall serve as the board chairperson.

(5) A member of the board shall receive no compensation for
services as a member. However, subject to any applicable law regulating
travel and other expenses of state officers and employees, a member shall
be reimbursed for actual and necessary travel and other expenses incurred
in the performance of official duties from such moneys as are made
available by section 19, chapter 659, Oregon Laws 1993.

(6) The term of office of a member of the board is four years. A
member of the board is eligible for reappointment.

(7) An official action of the board may be taken only upon the
affirmative vote of at least four members.

(8) The board shall select such officers for such terms and with
such duties and powers as the board considers necessary for the
performance of those offices.

(9) The board shall meet at such times and at such places as may be
determined by the chair or by the majority of the members of the board.
[1993 c.659 §15](1) The Access
and Habitat Board shall meet, adopt and recommend to the State Fish and
Wildlife Commission, within 120 days after November 4, 1993, and at not
more than 120-day intervals thereafter, access and habitat programs.

(2) The commission shall review such programs and may approve or
disapprove the program recommendation by the board. Funds may be expended
from the subaccount referred to in ORS 496.242 for projects that have
been approved by the commission.

(3) The State Department of Fish and Wildlife and the board jointly
shall submit to each biennial session of the Legislative Assembly a
report on expenditure of funds for the access and habitat programs and on
the status of various projects.

(4) In recommending access and habitat programs, the board shall:

(a) Recommend a mix of projects that provides a balance between
access and habitat benefits.

(b) Recommend projects that are to be implemented by volunteers
under volunteer coordinators and nonprofit organizations engaged in
approved access and habitat activities.

(c) Recommend programs that recognize and encourage the
contributions of landowners to wildlife and programs that minimize the
economic loss to those landowners.

(d) Encourage agreements with landowners who request damage control
hunts to ensure public access to those hunts.

(e) Encourage projects that result in obtaining matching funds from
other sources.

(5) All moneys made available for the access and habitat programs
from surcharges received under section 19, chapter 659, Oregon Laws 1993,
and from gifts and grants made to carry out the access and habitat
programs may be expended only if the board so recommends and the
commission so approves. Such amounts may be expended:

(a) On programs that benefit wildlife by improving habitat. These
programs shall be in coordination with the Wildlife Division and shall be
in addition to programs provided by federal funds. These programs may:

(A) Be on private lands.

(B) Provide seed and fertilizer to offset forage consumed by
wildlife and for other programs that enhance forage.

(C) Be adjacent to agricultural and forest land to attract animals
from those crops.

(b) On programs that promote access to public and private lands
through contracting for various levels of management of these lands.
These management programs may include:

(A) Creating hunting lease programs that provide access at present
levels or stimulate new access.

(B) Controlling access.

(C) Opening vehicle access.

(D) Promoting land exchanges.

(E) Promoting proper hunting behavior.

(c) On programs that would provide for wildlife feeding to
alleviate damage, to intercept wildlife before wildlife becomes involved
in a damage situation and for practical food replacement in severe
winters.

(d) On programs to coordinate volunteers to improve habitat, repair
damage to fences or roads by wildlife or recreationists, monitor orderly
hunter utilization of public and private lands and assist the Oregon
State Police in law enforcement activities.

(e) On programs that provide for auction or raffle of tags to
provide incentives for habitat or access.

(6) The board may accept, from whatever source, gifts or grants for
the purposes of access and habitat. All moneys so accepted shall be
deposited in the subaccount referred to in ORS 496.242. Unless otherwise
required by the terms of a gift or grant, gifts or grants shall be
expended as provided in subsection (5) of this section. [1993 c.659 §16;
2005 c.22 §369](1) Individuals who reside in the various regions
established for administration of the wildlife resources may form
advisory councils, with membership in the same proportion as described
for the board, to discuss and consider access and habitat programs and
projects and to make recommendations thereon to the Access and Habitat
Board. When the board considers proposals affecting a region, the board
shall consult with the advisory council for that region if one exists.

(2) Employees of the State Department of Fish and Wildlife or other
professional biologists who are residents of the various regions may act
in an advisory capacity to the various councils.

(3) An individual who serves as a member of an advisory council
shall receive no compensation or expenses for service as a member. [1993
c.659 §17] (1) Notwithstanding ORS
496.300, all moneys received by the State Fish and Wildlife Commission
pursuant to section 19, chapter 659, Oregon Laws 1993, shall be deposited
in the Access and Habitat Board Subaccount established in the Fish and
Wildlife Account. Moneys in the subaccount may be expended only for the
access and habitat programs recommended by the Access and Habitat Board
for the benefit of the wildlife resources of this state.

(2) The State Department of Fish and Wildlife shall credit the
subaccount with a sum equal to 15 percent of the other fund budget for
the green forage and Deer Enhancement and Restoration programs in each
biennium.

(3) The department shall not assess its personnel costs in the
administration of ORS 496.166 and 496.228 to 496.242 against the
subaccount referred to in this section without the prior approval of the
Access and Habitat Board. [1993 c.659 §14; 2001 c.822 §1]FISH HABITAT IMPROVEMENT(1) Any person
may apply to the State Department of Fish and Wildlife for preliminary
certification of a fish habitat improvement project. The department shall
develop rules and procedures for administering its responsibilities under
this section and ORS 315.134 and 496.265. Such rules shall clarify the
criteria used to evaluate fish improvement projects. Applications for
preliminary certification shall be made in writing on a form provided by
the department and shall contain:

(a) A detailed description of the proposed project including a
statement of expected benefits;

(b) Blueprints or drawings of the proposed project providing such
detail as the department may require;

(c) A detailed estimate of project costs; and

(d) Such other information as the department may require.

(2) The department shall act on all applications for preliminary
certification before the 120th day after the receipt of such application.
At any time during that period the department may request clarification,
additional detail or modification of the plans.

(3) If the department rejects an application for preliminary
certification, the department shall cause written notice of the action,
together with a statement of findings and the reasons therefor to the
applicant.

(4) Preliminary certification of a fish habitat improvement project
by the department shall not:

(a) Qualify the applicant for the tax credit provided under ORS
315.134.

(b) Exempt the project from any state or federal law, or local
ordinance.

(5) Upon completion of construction or installation of a fish
habitat improvement project preliminarily certified by the department
under this section, a person may apply to the department for final
certification of the project. The application for final certification
shall be made in writing on forms provided by the department and shall
include:

(a) A detailed statement of project costs; and

(b) Whatever other information the department may require.

(6) Upon receipt of an application for final project certification,
the department shall cause the project to be inspected to determine that
the project will result in the improvement of riparian or in-stream
habitat. If the department determines that the project conforms to the
plans approved during the preliminary certification, the department shall
provide the applicant with written notice of final certification of the
project. The action of the department shall include certification of the
actual cost of the project for purposes of the income tax credit relief
allowed under ORS 315.134. However, in no event shall the department
certify an amount for tax credit purposes that is more than 10 percent in
excess of the amount approved in the preliminary certificate issued for
the project under subsection (2) of this section. [1981 c.720 §22]
Notwithstanding any provisions of ORS 315.134 and 496.260 to the
contrary, the State Department of Fish and Wildlife shall not
preliminarily certify under ORS 496.260 (2), in any one calendar year, as
eligible for tax credit under ORS 315.134, fish habitat improvement
project costs in excess of $100,000. The department shall not grant
preliminary certification for a fish habitat improvement project unless
application under ORS 496.260 (1) is filed with the department on or
before January 1, 1998. [1981 c.720 §23; 1989 c.924 §8](1) The Legislative
Assembly declares that it is the policy of the State of Oregon to
encourage operators, timber owners and landowners to voluntarily improve
fish and wildlife habitat. In order to carry out this policy, the
Legislative Assembly encourages cooperation among operators, timber
owners and landowners and other volunteers.

(2) Consistent with the limitations of ORS 105.672 to 105.696, a
landowner is not liable in contract or tort for any personal injury,
death or property damage that arises out of the use of the land by:

(a) A volunteer conducting a fish and wildlife habitat improvement
project; or

(b) A participant of a state-funded or federally funded watershed
or stream restoration or enhancement program.

(3) An operator, timber owner or landowner shall not be held liable
for any damages resulting from:

(a) A fish and wildlife habitat improvement project done in
cooperation and consultation with the State Department of Fish and
Wildlife or the Oregon Watershed Enhancement Board, or conducted as part
of a forest management practice in accordance with ORS 527.610 to
527.770, 527.990 and 527.992; or

(b) Leaving large woody debris within the waters of this state to
protect, retain and recruit large woody debris for the purposes of fish
habitat and water quality improvement.

(4) The limitations to liability provided by subsections (2) and
(3) of this section do not apply if the damages, injury or death was
caused by willful, wanton or intentional conduct on the part of the
operator, timber owner or landowner or by the gross negligence of the
operator, timber owner or landowner. As used in this subsection “gross
negligence” means negligence which is materially greater than the mere
absence of reasonable care under the circumstances, and which is
characterized by indifference to or reckless disregard of the rights of
others.

(5) The limitation on liability provided by subsection (3) of this
section does not apply to claims for death or personal injuries. [1993
c.701 §2; 1997 c.207 §1; 1999 c.863 §3]Note: 496.270 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 496 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.FISH RESOURCE PROTECTION, RESTORATION AND ENHANCEMENT(Salmon)(1) The Legislative Assembly hereby declares
the necessity to review all options and means for the protection and
restoration of Oregon’s salmon resource that promote local economic
development and enjoyment by all the citizens of Oregon. Options and
means shall include operation of salmon production facilities, in
cooperation with the State Department of Fish and Wildlife, by both
public and private nonprofit agencies as well as by public local
partnerships, to meet local production and harvest needs as well as to
help restore and maintain natural salmon spawning populations. Such
cooperative production projects shall be operated using scientifically
sound hatchery practices and shall be consistent with objectives to
protect and restore natural fish production.

(2) The State Department of Fish and Wildlife shall:

(a) Review and revise existing state administrative rules so that
the different forms of hatchery production are recognized as a necessary
and critical element in the state’s salmon production system in order to
provide harvest opportunities for Oregon’s citizens. In so doing, the
department shall identify low natural production areas and, using
genetically compatible stocks approved by the department, encourage
volunteer efforts such as the salmon and trout enhancement program to
maintain and to enhance production.

(b) Identify existing private and public salmon production
facilities that are currently either underutilized or subject to
decommissioning and that may be appropriate for other forms of operation.

(c) Inventory other appropriate local sites, identify possible
types of production facilities, recommend stock selection and release
size, and assist in securing the acquisition of brood stock approved by
the department that maximizes local production.

(d) Investigate and implement ways to improve hatchery smolt
survival and reduce predation by such means as night releases, net pen
acclimation, alternate release sites, volitional and other release
strategies, transport and other means that may be effective and
consistent with the conservation of native salmon and genetic resources.

(e) Make recommendations on methods by which operations of
facilities referred to in subsections (2) to (4) of this section can
generate revenue for sustainable production, including but not limited to
state bonding, license surcharges, ad valorem taxes, local economic
development funds, service districts, sale of excess eggs and salmon, and
gifts, grants and donations.

(f) Identify needed monitoring and evaluation activities to ensure
protection of natural spawning fish populations and to assess the
contribution of such cooperative projects to public fisheries.

(g) Assist in developing, for department approval, plans of
operation for such cooperative hatchery projects consistent with
applicable rules and standards of sound, scientific fish management
practice.

(3) The department shall encourage and assist in planning hatchery
facilities that seek to implement innovative plans or programs designed
to meet production for harvest needs consistent with conservation
objectives.

(4) The department shall make a report on its activities under
subsections (2) to (4) of this section to an appropriate interim
committee of the Legislative Assembly by September 1, 1996.

(5) The State Fish and Wildlife Commission shall approve, prior to
implementation, operational plans for any fish propagation facilities
operated by contractor agreement with other state or federal agencies,
local governments, special districts and nonprofit organizations. [1995
c.469 §§2,3,4](All Fisheries) The Legislative Assembly finds, in the interest
of all Oregonians, a necessity to improve Oregon’s fishery resource
through the further involvement of its citizens and through support by
additional financial revenues. [1989 c.512 §2]Note: 496.280 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 496 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
(1) Notwithstanding ORS 506.306, all moneys received by the State Fish
and Wildlife Commission pursuant to sections 4, 6 and 8, chapter 512,
Oregon Laws 1989, shall be deposited in a separate subaccount in the
State Wildlife Fund. Except as provided in subsection (2) of this
section, moneys in the subaccount may be expended only for the
department’s fish restoration and enhancement programs for the benefit of
the fish resources of this state.

(2) Fees collected from salmon ranching permits authorized under
ORS 508.700 to 508.745 will not be commingled with public fishery funds
collected and deposited in the subaccount referred to in this section.
Notwithstanding any other provision of law, these funds will be used to
monitor the effect and impact of private salmon ranching on the fishery
resources of Oregon.

(3) The department shall not divert present budgeted funds to other
projects as user surcharge funds become available and shall not embark on
new programs not vital to the restoration of Oregon fisheries as required
by Oregon Revised Statutes and administrative rules. The department shall
not assess its personnel costs in the administration of chapter 512,
Oregon Laws 1989, against the subaccount referred to in this section
without the prior approval of the Restoration and Enhancement Board.
[1989 c.512 §10; 1991 c.184 §4] (1) There is established
within the State Department of Fish and Wildlife the Restoration and
Enhancement Board, consisting of seven members appointed by the State
Fish and Wildlife Commission.

(2) Three members shall be appointed to represent the ocean and
inland recreational fisheries. In making appointments pursuant to this
subsection, the commission shall consider recommendations from the State
Fish and Wildlife Director.

(3) Three members of the board shall be appointed to represent the
commercial troll and gillnet fisheries and the fish processing industry.
In making appointments pursuant to this subsection, the commission shall
consider recommendations from the State Fish and Wildlife Director.

(4) One member of the board shall be appointed to represent the
public.

(5) A member of the board shall receive no compensation for
services as a member. However, subject to any applicable law regulating
travel and other expenses of state officers and employees, a member shall
be reimbursed for actual and necessary travel and other expenses incurred
in the performance of official duties from such moneys made available by
sections 4, 6 and 8, chapter 512, Oregon Laws 1989.

(6) The term of office of a member of the board is four years. A
member of the board is eligible for reappointment.

(7) An official action of the board may be taken only upon the
affirmative vote of four members.

(8) The board shall select such officers for such terms and with
such duties and powers as the board considers necessary for the
performance of those offices.

(9) The board shall meet at such times and at such places as may be
determined by the chair or by the majority of the members of the board.
[1989 c.512 §11](1) The Restoration and Enhancement Board shall meet, adopt and
recommend to the State Fish and Wildlife Commission, within 120 days
after July 1, 1989, and at not more than 120-day intervals thereafter,
fish restoration and enhancement programs.

(2) The commission shall review such programs and may approve or
disapprove any or all program recommendations by the board. Funds may be
expended from the subaccount referred to in ORS 496.283 for projects that
have been approved by the commission.

(3) The State Department of Fish and Wildlife and the board jointly
shall submit to each biennial session of the Legislative Assembly a
report on expenditure of funds for the fish restoration and enhancement
program and on the status of various projects.

(4) In recommending fish restoration and enhancement programs, the
board shall:

(a) Recommend a mix of projects that provide a balance between
restoration and enhancement benefits.

(b) Recommend projects that are to be implemented by the salmon and
trout enhancement program and nonprofit organizations engaged in approved
restoration and enhancement activities.

(c) Encourage projects that result in obtaining matching funds from
other sources.

(5) All moneys made available for the fish restoration and
enhancement program from surcharges received under sections 4, 6 and 8,
chapter 512, Oregon Laws 1989, and from gifts and grants made to carry
out the fish restoration and enhancement program may be expended only if
recommended by the board and approved by the commission. Such amounts may
be expended:

(a) On programs benefiting the commercial fishing industry in the
same proportion as revenues received from surcharges under sections 6 and
8, chapter 512, Oregon Laws 1989, bear to the total amount of surcharge
revenues.

(b) On programs benefiting recreational angling in the same
proportion as revenues received from the surcharge under section 4,
chapter 512, Oregon Laws 1989, bear to the total amount of surcharge
revenues.

(6) The board may accept, from whatever source, gifts or grants for
the purposes of fish restoration and enhancement. All moneys so accepted
shall be deposited in the subaccount referred to in ORS 496.283. Unless
otherwise required by the terms of a gift or grant, gifts or grants shall
be expended as provided in subsection (5) of this section.

(7) As used in this section:

(a) “Enhancement” includes, but is not limited to, the following
activities:

(A) Angler access.

(B) New fishways and screens.

(C) Habitat.

(D) New hatchery equipment and technology.

(E) Public education.

(F) Aquatic inventories.

(b) “Restoration” includes, but is not limited to, the following
activities:

(A) Modification of existing fishways and existing screens.

(B) Hatchery restoration.

(C) Liberation equipment. [1989 c.512 §12; 1997 c.8 §12](1) Individuals who reside in the various regions
established for administration of the salmon and trout enhancement
program may form advisory councils to discuss and consider fish
restoration and enhancement programs and projects and shall make
recommendations thereon to the Restoration and Enhancement Board. When
the board considers proposals affecting a region, the board shall consult
with the advisory council for that region if one exists.

(2) Employees of the State Department of Fish and Wildlife who are
residents of the various regions may act in an advisory capacity to the
various councils.

(3) Individuals who serve as members of an advisory council shall
receive no compensation or expenses for service as a member. [1989 c.512
§13]PILOT PROGRAMS(Aquaculture Products From Private Facilities)Note: Sections 1 and 3, chapter 347, Oregon Laws 1999, provide:

Sec. 1. (1) The State Department of Fish and Wildlife shall create
a pilot program to purchase aquaculture products from private aquaculture
facilities. In implementing the program, the department shall spend at
least 10 percent of the annual trout hatchery funds of the department on
trout produced by private aquaculture facilities. Except as provided in
subsection (3) of this section, the department shall contract with
aquaculture facilities located within the State of Oregon.

(2) The duration of a contract under subsection (1) of this section
shall be for a minimum of one year and shall be determined by the
contracting aquaculture facility. However, the contract may not extend
beyond June 30, 2006.

(3) The department may purchase aquaculture products from an
out-of-state aquaculture facility if:

(a) The private facilities within the State of Oregon are unable to
provide the specified aquaculture products, and the department provides
the facilities with reasonable notice of intent to purchase from an
out-of-state aquaculture facility; or

(b) The aquaculture products from facilities within the State of
Oregon are infected or diseased.

(4) As used in this section, “aquaculture” means agriculture
devoted to the propagation, cultivation, maintenance, harvesting,
processing, distribution and marketing of aquatic plants and animals in
marine, brackish or fresh water that are for human consumption, bait or
game purposes. [1999 c.347 §1; 2001 c.935 §1]

Sec. 3. Sections 1 and 2, chapter 347, Oregon Laws 1999, are
(Landowner Preference Tags)Note: Section 1, chapter 461, Oregon Laws 2003, provides:

Sec. 1. Notwithstanding any other provision of the wildlife laws,
the State Department of Fish and Wildlife shall create and implement a
Southwest Oregon Landowner Preference Pilot Program during the period
beginning July 1, 2004, and ending June 30, 2008, that:

(1) Addresses damage caused by elk on privately owned lands in
Jackson, Josephine, Coos, Curry and Douglas Counties.

(2) Provides landowner preference tags only for areas where elk are
currently causing damage, where there has been a history of elk damage
coupled with actions to alleviate elk damage or where the department has
designated the area as an elk deemphasis area.

(3) Limits the use of tags to taking antlerless elk.

(4) Limits the use of tags to taking elk on property owned, leased
or rented by the landowner complaining of elk damage or on property
owned, leased or rented by a business entity that includes the landowner
as a principal partner or shareholder.

(5) Allows exchange of unused general season elk tags or controlled
hunt elk tags for landowner preference tags.

(6) Does not impose a limit on the number of total tags available
for each property, except that no more than five tags may be valid at any
one time on a particular property.

(7) Does not impose a minimum acreage requirement for landowner
participation.

(8) Allows landowners to register for participation in the program
at any time prior to the issuance of tags.

(9) Authorizes department biologists to sell and exchange tags.

(10) Authorizes department biologists to establish the period of
validity for tags through negotiation with landowners.

(11) Requires landowners to record the number of elk taken and,
within 10 days after the end of a designated hunt period, to report to
the local department biologist the number of elk taken. [2003 c.461 §1]STATE WILDLIFE FUND; RECEIPTS AND EXPENDITURES (1) The State Wildlife
Fund is established in the State Treasury separate and distinct from the
General Fund. Except as otherwise provided by law, all moneys received by
the State Fish and Wildlife Commission pursuant to the wildlife laws,
except such as may be required as a revolving fund for payroll and
emergency expenses, shall be paid into the State Treasury and credited to
the fund. All moneys in the fund are appropriated continuously to the
commission to carry out the wildlife laws. Interest earnings on all
moneys in the fund shall be retained in the fund.

(2)(a) The commission shall keep a record of all moneys deposited
in the State Wildlife Fund. The record shall indicate by separate
cumulative accounts the source from which the moneys are derived and the
individual activity or program against which each withdrawal is charged.

(b) Using the record created pursuant to paragraph (a) of this
subsection, the commission shall report, in the budget documents
submitted to the Legislative Assembly, on the application of investment
and interest earnings to the maintenance of fish hatcheries and other
State Department of Fish and Wildlife facilities. [1973 c.723 §15; 1975
c.118 §1; 1975 c.253 §12; 1983 c.8 §1; 1983 c.801 §6; 1989 c.618 §10;
1989 c.749 §6; 1991 c.435 §2; 1991 c.858 §7; 1995 c.426 §7; 1999 c.1006
§1; 2001 c.822 §2] (1)
The Fish and Wildlife Account is established in the State Treasury,
separate and distinct from the General Fund. All moneys in the account
are continuously appropriated to the State Fish and Wildlife Commission.
The Fish and Wildlife Account shall consist of the moneys in its various
subaccounts and any moneys transferred to the account by the Legislative
Assembly. Unless otherwise specified by law, interest earnings on moneys
in the account shall be paid into the State Treasury and credited to the
State Wildlife Fund.

(2)(a) The Fish Screening Subaccount is established in the Fish and
Wildlife Account. The subaccount shall consist of:

(A) All penalties recovered under ORS 536.900 to 536.920.

(B) All moneys received pursuant to ORS 498.306.

(C) All gifts, grants and other moneys from whatever source that
may be used to carry out the provisions of ORS 498.306, 498.311 and
509.615.

(D) All moneys received from the surcharge on angling licenses
imposed by ORS 497.124.

(b) All moneys in the subaccount shall be used to carry out the
provisions of ORS 315.138, 498.306, 498.311, 509.615 and 509.620.
However, moneys received from the surcharge on angling licenses imposed
by ORS 497.124 shall be expended only to carry out the provisions of law
relating to the screening of water diversions at a rate less than 30
cubic feet per second.

(c) Of the moneys in the subaccount budgeted for administrative
expenses, up to 50 percent of that amount may be expended for activities
associated with the screening of diversions over 30 cubic feet per second
and for fish passages issues.

(3) The Fish Endowment Subaccount is established in the Fish and
Wildlife Account. The subaccount shall consist of transfers of moneys
authorized by the Legislative Assembly from the State Wildlife Fund and
gifts and grants of moneys from whatever source for the purpose of paying
the expense of maintaining fish hatcheries operated by the department.

(4) The Migratory Waterfowl Subaccount is established in the Fish
and Wildlife Account. All moneys received by the commission from the sale
of art works and prints related to the migratory waterfowl stamp shall be
deposited in the subaccount. Moneys in the subaccount may be expended
only for activities that promote the propagation, conservation and
recreational uses of migratory waterfowl and for activities related to
the design, production, issuance and arrangements for sale of the
migratory waterfowl stamps and related art works and prints. Expenditures
of moneys in the subaccount may be made within this state, in other
states or in foreign countries, in such amounts as the commission
determines appropriate. Expenditures in other states and foreign
countries shall be on such terms and conditions as the commission
determines will benefit most directly the migratory waterfowl resources
of this state.

(5) The Halibut Research Subaccount is established in the Fish and
Wildlife Account. Based on the annual number of recreational halibut
anglers, a portion of the moneys derived from the sale of the salmon,
steelhead trout, sturgeon and halibut tag pursuant to ORS 497.121 shall
be credited to the subaccount. Moneys in the subaccount may be expended
only for halibut population studies and other research.

(6) The Upland Bird Subaccount is established in the Fish and
Wildlife Account. All moneys received by the State Fish and Wildlife
Commission from the sale of upland bird stamps, from the sale of any art
works and prints related to the upland bird stamp and from private
hunting preserve permit fees shall be deposited in the subaccount. Moneys
in the subaccount may be expended only for promoting the propagation and
conservation of upland birds and the acquisition, development,
management, enhancement, sale or exchange of upland bird habitat, and for
activities related to the design, production, issuance and arrangements
for sale of the upland bird stamps and related art works and prints.
Expenditures of moneys in the subaccount shall be made for the benefit of
programs within this state in such amounts and at such times as the
commission determines appropriate to most directly benefit the upland
bird resources of the state.

(7)(a) The Fish and Wildlife Deferred Maintenance Subaccount is
established in the Fish and Wildlife Account. Interest earnings on moneys
in the subaccount shall be credited to the subaccount. The subaccount
shall consist of moneys authorized by the Legislative Assembly from the
State Wildlife Fund and moneys obtained by gift, grant, bequest or
donation from any other public or private source.

(b) The principal in the subaccount may be utilized only as
provided in paragraph (c) of this subsection. Interest earnings on the
moneys in the subaccount may be expended only for the maintenance of fish
hatcheries and State Department of Fish and Wildlife facilities other
than administrative facilities located in Portland.

(c) The department may borrow funds from the principal of the
subaccount to maintain adequate cash flow requirements. However, moneys
borrowed from the principal must be repaid to the subaccount:

(A) Within six months from the date on which the moneys were
borrowed.

(B) With interest at the standard rate that the State Treasurer
charges to state agencies for other loans. Interest paid under this
subparagraph shall be paid to the subaccount.

(d) For purposes of this subsection, “principal” means moneys
authorized by the Legislative Assembly for transfer to the subaccount
from the State Wildlife Fund, including any assignment of earnings on
moneys in the fund and other moneys obtained by gift, grant, bequest or
donation deposited into the subaccount.

(8) The Access and Habitat Board Subaccount is established in the
Fish and Wildlife Account. The subaccount shall consist of moneys
transferred to the subaccount pursuant to ORS 496.242. Moneys in the
subaccount may be used for the purposes specified in ORS 496.242.

(9) The Marine Shellfish Subaccount is established in the Fish and
Wildlife Account. Interest earnings on moneys in the subaccount shall be
credited to the subaccount. All moneys received by the commission from
the sale of resident and nonresident shellfish licenses pursuant to ORS
497.121 shall be deposited in the subaccount. Moneys in the subaccount
shall be used for the protection and enhancement of shellfish for
recreational purposes, including shellfish sanitation costs and the cost
of enforcement of wildlife laws pertaining to the taking of shellfish.
The State Fish and Wildlife Director, or a designee, the Director of
Agriculture, or a designee, and the Superintendent of State Police, or a
designee, shall jointly make a recommendation to the Governor for
inclusion in the Governor’s budget beginning July 1 of each odd-numbered
year.

(10)(a) The Mountain Sheep Subaccount is established in the Fish
and Wildlife Account, consisting of moneys collected under ORS 497.112
(2)(a) to (c).

(b) All moneys in the subaccount shall be used for the propagation
and conservation of mountain sheep, for research, development,
management, enhancement and sale or exchange of mountain sheep habitat
and for programs within the state that in the discretion of the
commission most directly benefit mountain sheep resources of this state.

(11)(a) The Antelope Subaccount is established in the Fish and
Wildlife Account, consisting of moneys collected under ORS 497.112 (2)(a)
to (c).

(b) All moneys in the subaccount shall be used for the propagation
and conservation of antelope, for research, development, management,
enhancement and sale or exchange of antelope habitat and for programs
within the state that in the discretion of the commission most directly
benefit antelope resources of this state.

(12)(a) The Mountain Goat Subaccount is established in the Fish and
Wildlife Account, consisting of moneys collected under ORS 497.112 (2)(a)
to (c).

(b) All moneys in the subaccount shall be used for the propagation
and conservation of mountain goats for research, development, management,
enhancement and sale or exchange of mountain goat habitat and for
programs within the state that in the discretion of the commission most
directly benefit mountain goat resources of this state.

(13)(a) The commission shall keep a record of all moneys deposited
in the Fish and Wildlife Account. The record shall indicate by separate
cumulative accounts the sources from which the moneys are derived and the
individual activity or programs against which each withdrawal is charged.

(b) Using the record created pursuant to paragraph (a) of this
subsection, the commission shall report, in the budget documents
submitted to the Legislative Assembly, on the application of investment
and interest earnings to the maintenance of fish hatcheries and other
State Department of Fish and Wildlife facilities. [2001 c.822 §3; 2003
c.612 §2; 2003 c.656 §12]Note: 496.303 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 496 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.If the State Department of Fish and
Wildlife is required to pay compensation for damage activities of bear
and cougar to people, real property, livestock, or agricultural or forest
products, the compensation, and any attorney fees, shall not be paid from
the State Wildlife Fund, but shall be paid from such other moneys as
shall be available therefor. [1995 c.136 §2] Notwithstanding any
other provision of law, the revolving fund referred to in ORS 496.300
shall not exceed $40,000. [1975 c.545 §9; 1979 c.461 §7] (1) Except as
provided in subsection (3) of this section, whenever real property owned
by the State Fish and Wildlife Commission is exempt from taxation on
January 1 of any year by reason of its ownership by the state, the
commission shall pay to the county in which the property is situated an
amount equal to the ad valorem taxes that would have been charged against
the property if it had been assessed to a taxable owner as of January 1
of such year as provided in subsection (2) of this section. The county
assessor shall determine the value of such property and shall notify the
commission of the determination of the county assessor. Upon request of
the commission, the Department of Revenue shall review the determination
of value and shall redetermine the value if it concludes the value
initially determined was substantially incorrect.

(2)(a) Except as provided in paragraph (b) or (c) of this
subsection, the value of the property shall be computed at its assessed
value under ORS 308A.107 or for forestland use, whichever is applicable.

(b) Paragraph (a) of this subsection shall not apply to any
property upon which open field burning takes place. If open field burning
takes place on any property described in this section, the property shall
be valued at its highest and best use rather than the values authorized
in paragraph (a) of this subsection on the January 1 following the date
of the open field burning. If in the next year, the open field burning is
discontinued, paragraph (a) of this subsection shall apply the next
January 1 and each year thereafter as long as no open field burning
occurs.

(c) Paragraph (a) of this subsection shall not apply to any
property acquired by the commission after September 9, 1971, if such
property was valued under farm use or forestland use special assessment
provisions, at the time the property was acquired by the commission.
However, no payments in lieu of taxes made to a county pursuant to this
section prior to January 1, 1974, shall be refunded to the commission.

(3) This section does not apply to real property used for bird
farms, fish hatcheries, office quarters, fishing access sites or
impoundments, capital improvements or real property acquired pursuant to
the Act of May 19, 1948 (62 Stat. 240), Public Law 80-537.

(4) The amount prescribed in subsection (1) of this section shall
be determined annually by the assessor of the county in which the
property is situated and certified by the assessor to the county court or
the board of county commissioners. A notice of the determination, signed
by the county judge or the chairperson of the board of county
commissioners, shall be mailed to the principal office of the commission
not later than October 15. The notice shall contain a statement of the
value of the property and a complete explanation of the method used in
computing the amount claimed pursuant to subsection (1) of this section.
Not later than November 15, the commission shall pay each amount, less a
discount equivalent to that which is provided in ORS 311.505. Payment
shall be made to the county treasurer, who shall distribute the payment
to the taxing districts of the county in accordance with the schedule of
percentages computed under ORS 311.390.

(5) Notwithstanding any other provision of the wildlife laws, the
commission shall make the payments to counties required by this section
annually from the moneys in the State Wildlife Fund established by ORS
496.300. [Amended by 1955 c.729 §1; 1971 c.356 §1; 1971 c.474 §1; 1973
c.723 §16; 1991 c.459 §420; 1997 c.541 §441; 1999 c.314 §73; 2005 c.755
§46]NONGAME WILDLIFEAs used in ORS 496.380 to
496.390 “nongame wildlife” means all wildlife species over which the
State Fish and Wildlife Commission has jurisdiction, except game mammals,
as defined in ORS 496.004, fur-bearing mammals as defined in ORS 496.004,
game birds as defined in ORS 496.007 and game fish as defined in ORS
496.009. [1979 c.566 §1] (1)
Individual taxpayers who file an Oregon income tax return and who will
receive a tax refund from the Department of Revenue may designate that a
contribution be made to the Nongame Wildlife Fund by marking the
appropriate box printed on the return pursuant to subsection (2) of this
section.

(2) The Department of Revenue shall print on the face of the Oregon
income tax form for residents a space for taxpayers to designate that a
contribution be made to the Nongame Wildlife Fund from their income tax
refund. The space for designating the contribution shall provide for
checkoff boxes as indicated under ORS 305.749. [1979 c.566 §2; 1981 c.411
§5; 1989 c.987 §21] (1) There is established as a
separate and distinct fund in the State Treasury a Nongame Wildlife Fund.
The Nongame Wildlife Fund shall consist of:

(a) An amount credited to the fund under ORS 305.749, which shall
be transferred by the Department of Revenue to the fund.

(b) Gifts, grants and donations, in money or otherwise, for use as
described in subsection (2) of this section, which the State Treasurer
may solicit and accept from private and public sources and shall cause to
be deposited and credited to the Nongame Wildlife Fund.

(c) Interest or other earnings on the amounts described in
paragraphs (a) and (b) of this subsection which shall inure to the
benefit of the Nongame Wildlife Fund.

(2) Moneys contained in the Nongame Wildlife Fund are continuously
appropriated for the purposes specified in ORS 496.390. [1979 c.566 §3;
1987 c.758 §4; 1989 c.987 §22] The State
Department of Fish and Wildlife shall have access to and control of the
moneys held in the Nongame Wildlife Fund, but shall use such moneys only
to protect and preserve nongame wildlife and their habitat. [1979 c.566
§4]SALMON AND TROUT ENHANCEMENT As used
in this section and ORS 496.435 to 496.455:

(1) “Enhancement” means resource conservation, utilization and
educational activities that contribute to the recovery and sustainability
of native fish.

(2) “Listed unit” means one population or a group of populations of
a species, such as an evolutionarily significant unit, that has been
listed as threatened or endangered under the federal Endangered Species
Act of 1973 (P.L. 93-205), as amended, or under ORS 496.171 to 496.192.

(3) “Native fish” means indigenous to Oregon and not introduced.
Naturally produced fish and hatchery produced fish are both native fish
if the fish are indigenous to Oregon and not introduced.

(4) “Native stocks” means those fish indigenous to Oregon that
naturally propagate in a given watershed.

(5) “Naturally produced” means a fish that reproduces and completes
its full life cycle in its natural habitat. The naturally produced
progeny of hatchery fish are naturally produced.

(6) “Population” means a group of fish that:

(a) Originates and reproduces in a particular area at a particular
time;

(b) Does not interbreed to any substantial degree with any other
group reproducing in a different area or in the same area at a different
time; and

(c) Is composed of naturally produced fish, hatchery produced fish
or a combination of both.

(7) “Recovery” means that a proportion of the constituent
populations of naturally produced native fish belonging to a listed unit
are sufficiently abundant, productive and diverse in life histories and
distribution such that the listed unit as a whole will be self-sustaining
into the foreseeable future.

(8) “Self-sustaining” means having a sufficient proportion and
distribution of constituent populations that:

(a) Are likely to survive prolonged periods of habitat, oceanic,
climatic and environmental conditions that are detrimental to a
population; and

(b) Have habitat of sufficient quality and quantity that is likely
to provide survival rates adequate to maintain associated ecological,
cultural and economic benefits. [1981 c.317 §2; 2003 c.463 §1] Consistent
with other provisions of law, it is declared to be a goal of the people
of the State of Oregon to achieve recovery and sustainability of native
stocks of salmon and trout. In order to achieve this goal in a
cost-effective manner, the State of Oregon shall engage in a program to
rehabilitate and improve natural habitat and native stocks and ensure
that the level of harvest does not exceed the capacity of stocks to
reproduce themselves. The State of Oregon shall promote rehabilitation of
salmon and trout populations by reintroducing the fish to habitats by
using the salmon and trout enhancement program and remote hatchboxes.
[1981 c.317 §3; 1999 c.189 §1; 2003 c.463 §2]A salmon and trout enhancement program shall be conducted by
the State Fish and Wildlife Commission to benefit all users of the salmon
and trout resources in this state. The program shall be conducted in such
manner as to provide the greatest possible opportunity for citizen
volunteer participation to achieve the goals of the program. [1981 c.317
§4] In carrying out the salmon and trout
enhancement program, the State Fish and Wildlife Commission shall:

(1) Provide appropriate State Department of Fish and Wildlife
personnel to act as community advisors to cooperatively develop
enhancement projects with citizen volunteers and to cooperatively
evaluate enhancement projects with the citizens responsible for project
implementation.

(2) Provide technical assistance to citizens responsible for
implementation of enhancement projects.

(3) Coordinate the implementation of enhancement projects with the
activities of department staff and other agencies.

(4) Provide educational and informational materials to promote
public awareness and involvement in the salmon and trout enhancement
program.

(5) Supervise the activities of citizens developing local brood
stock for enhancement projects.

(6) Grant funds to citizens for the implementation of approved
enhancement projects from such moneys as may be available to the
commission therefor.

(7) Develop and implement a remote hatchbox program as described in
ORS 496.458.

(8) Report annually to the Legislative Assembly on the progress of
the salmon and trout enhancement program. [1981 c.317 §5; 1999 c.189 §2](1) Any citizen or group of citizens may submit to the
State Fish and Wildlife Commission a proposal for a project consistent
with the recovery or sustainability of native stocks to be implemented
under the salmon and trout enhancement program or may submit a request
for advice and assistance in developing such a project.

(2) An enhancement project may include, but is not limited to,
habitat improvement, installation and operation of streamside incubators,
brood stock development, fish stocking and spawning ground surveys and
data collection.

(3) The commission shall approve for implementation only those
enhancement projects based on sound biological principles and shall use
fish stocks most adapted to the project locale. To the greatest extent
practicable, a project must be designed to maximize survival, adult
returns and genetic diversity while minimizing disease.

(4) Conditions for approval by the commission for implementation of
a project include but are not limited to:

(a) Provisions satisfactory to the commission for inspection and
evaluation of the implementation of a project; and

(b) Provisions satisfactory to the commission for controlling the
expenditure of and accounting for any funds granted by the commission for
implementation of the project. [1981 c.317 §6; 2003 c.463 §3] In carrying
out any duties, functions or power under the wildlife laws or the
commercial fishing laws, the State Fish and Wildlife Commission may
authorize the taking of native stocks and their sexual products, but may
not provide any such native stocks or the sexual products therefrom to
any person granted a permit by the commission pursuant to ORS 508.700 to
508.745 unless, at a minimum, sufficient fish are returned to the donor
stream to compensate fully for native smolts which might have resulted
from eggs removed from the donor stock. When entering into a contract for
the taking of native stock with a person granted a permit pursuant to ORS
508.700 to 508.745, the commission shall consider the use of the
facilities for the taking of additional native stock for public
management activities, including the salmon and trout enhancement
program. [1981 c.317 §7] (1) The State Fish and
Wildlife Commission shall develop and implement a remote hatchbox program.

(2) To implement the remote hatchbox program required under
subsection (1) of this section, the commission shall:

(a) Identify sites in tributaries that are suitable for remote
hatchboxes;

(b) Adopt rules necessary to implement the remote hatchbox program;

(c) Investigate the potential of producing remote hatchboxes
through an inmate work program of the Department of Corrections; and

(d) Report annually to the Legislative Assembly on the progress of
the remote hatchbox program. The report shall include but need not be
limited to the sites the commission has chosen, a copy of rules the
commission has adopted and findings on the extent to which the commission
is utilizing labor, supplies or services provided by an inmate work
program.

(3) Rules adopted by the commission under subsection (2) of this
section shall:

(a) Ensure that the program is scientifically sound;

(b) Be consistent with the goals of the Oregon Plan, as described
in ORS 541.405; and

(c) Identify protocols for determining when the use of remote
hatchboxes is an appropriate activity under the Oregon Plan. [1999 c.189
§4](1) The Salmon and Trout
Enhancement Program Advisory Committee is established as an advisory
committee to the State Fish and Wildlife Commission. The committee shall
be of such size and have such geographical representation as the
commission determines appropriate. Members of the committee shall be
appointed by the Governor.

(2) The committee shall review the policies of the State Department
of Fish and Wildlife and make recommendations to the State Fish and
Wildlife Commission and to the department concerning the implementation
of salmon and trout enhancement projects.

(3) A member of the committee shall receive no compensation for
services as a member. However, subject to any applicable law regulating
travel and other expenses of state officers and employees, a member shall
be reimbursed for actual and necessary travel and other expenses incurred
in the performance of official duties from such moneys as may be
available to the department therefor. [1981 c.317 §8] Except for activities
or projects authorized by a unit of municipal, state or federal
government, no person shall disturb, damage, destroy or interfere with
the operation of a salmon and trout enhancement project referred to in
ORS 496.450. [1989 c.940 §2]ADOPTION OF PLANS FOR NATURAL PRODUCTION OF ANADROMOUS FISH RUNS
(1) The State Fish and Wildlife Commission shall adopt by rule plans for
the natural production of anadromous fish runs in the basins set forth in
subsection (2) of this section. The commission shall adopt the plans
after government-to-government consultation in the forum established
pursuant to United States v. Oregon, United States District Court Case
No. 68-513 MA, among the State Department of Fish and Wildlife and the
Confederated Tribes of the Umatilla Indian Reservation, the Confederated
Tribes of the Warm Springs Reservation of Oregon and the Nez Perce Tribe.

(2) The basins for which plans may be adopted under subsection (1)
of this section are:

(a) Hood;

(b) Deschutes;

(c) Fifteenmile Creek;

(d) John Day;

(e) Umatilla;

(f) Walla Walla;

(g) Grande Ronde; and

(h) Imnaha.

(3) Of the basins set forth in subsection (2) of this section, the
commission shall give priority to adopting plans for the Grande Ronde,
Imnaha, Umatilla, Walla Walla and Hood basins. [1999 c. 671 §1; 2001 c.97
§1]Note: 496.470 to 496.480 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 496 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. The plans adopted pursuant to ORS
496.470 shall:

(1) Incorporate sound science;

(2) Be based upon adaptive management, incorporating monitoring and
evaluation and clearly defined objectives and outcomes;

(3) Benefit fish and wildlife;

(4) Be consistent with efforts of the State of Oregon to recover
salmonid populations listed under the federal Endangered Species Act, 16
U.S.C. 1531 to 1544; and

(5) Include a risk versus benefit analysis to wild fish. [1999
c.671 §2; 2001 c.97 §2]Note: See note under 496.470. The State Department of Fish and
Wildlife shall report at least once every six months to the appropriate
legislative committee and the Governor on the progress of the department
and the State Fish and Wildlife Commission in implementing ORS 496.470
and 496.475. [1999 c.671 §3; 2001 c.97 §3]Note: See note under 496.470.FISHING TACKLE COLLECTION, DISPOSAL AND RECYCLING (1) The State Department of Fish
and Wildlife shall establish a Keep Oregon’s Rivers Clean program for the
collection, recycling and proper disposal of fishing tackle, including
monofilament line, fluorocarbon leaders, lines, lead weights and lures.

(2) The program shall consist of collection points located at or
near established fishing areas and boat ramps. At each collection point,
the department shall work with conservation and outdoor sports groups to
provide a container for collection of tackle and post permanent signs or
other notices that explain the program, the benefits of proper tackle
recycling and disposal and the Oregon conservation ethic.

(3) The State Department of Fish and Wildlife may work
cooperatively with the State Parks and Recreation Department to establish
a method by which deposited tackle may be collected for recycling and
disposal.

(4) The State Department of Fish and Wildlife shall include in any
statewide sportfishing regulations publication produced by the department
a statement explaining the collection and recycling program and
encouraging nongovernmental organization participation in the program.
[2003 c.188 §1; 2005 c.108 §1]Note: 496.490 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 496 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.WILDLIFE COOPERATION; FEDERAL WILDLIFE AID

     

The State of Oregon assents to the Act of
Congress entitled, “An Act to provide that the United States shall aid
the states in wildlife-restoration projects, and for other purposes,”
approved September 2, 1937, Public Law No. 415, 75th Congress (50 Stat.
917, 16 U.S.C.A. 669). The State Fish and Wildlife Commission shall
perform such acts as may be necessary to the conduct and establishment of
cooperative wildlife-restoration projects, as defined in said Act of
Congress, in compliance with said Act and with rules and regulations
promulgated by the Secretary of the Interior thereunder.(1) The State of Oregon assents to the
provisions of the Act of Congress entitled, “An Act to provide that the
United States shall aid the states in fish restoration and management
projects, and for other purposes,” approved August 9, 1950, Public Law
No. 681, 81st Congress (64 Stat. 430, 16 U.S.C.A. 777).

(2) The State Fish and Wildlife Commission shall perform such acts
as may be necessary to the conduct and establishment of cooperative fish
restoration projects, as defined in said Act of Congress, in compliance
with said Act and rules and regulations promulgated thereunder by the
Secretary of the Interior.MIGRATORY WATERFOWL STAMP(1) The State Fish and Wildlife Commission shall
arrange, by contest or other appropriate means, for the selection of the
design of the annual migratory waterfowl stamp required by ORS 497.151
and for the production and sale of the stamps.

(2) The commission may produce stamps in such number as the
commission considers appropriate and may make stamps available for the
creation of migratory waterfowl art prints and other related art works
and may arrange for the sale of stamps, prints and art works to persons
desiring to purchase those items. [1983 c.801 §5] In carrying
out its duties, functions and powers with regard to the migratory
waterfowl stamp, the State Fish and Wildlife Commission may contract for
the performance of those duties, functions and powers. The contract may
include, among other matters, provisions for advance payment or
reimbursement for services performed pursuant to any such contract. All
costs and expenses incurred pursuant to this section shall be paid from
the Migratory Waterfowl Subaccount established under ORS 496.303. [1983
c.801 §4; 2001 c.822 §6]UPLAND BIRD STAMP As used in this section and ORS
496.562, 496.566 and 497.153, “upland bird” means those bird family
members commonly known as pheasant, quail, grouse and partridge,
including chukars. [1989 c.406 §2]Note: 496.558 and 496.562 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 496 by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.The purposes of this section and ORS 496.558,
496.566 and 497.153 are to:

(1) Authorize the State Fish and Wildlife Commission to issue to
hunters an upland bird stamp for a specified fee;

(2) Establish a fund to be financed by the sale of upland bird
stamps and any art works and prints related to the upland bird stamp for
the purposes of promoting the propagation and conservation of upland
birds and acquiring, developing, managing, enhancing, purchasing or
acquiring through lands exchange upland bird habitat; and

(3) Provide the State Fish and Wildlife Commission with improved
data on the location and number of upland bird hunters. [1989 c.406 §1]Note: See note under 496.558.(1) The State Fish and Wildlife Commission shall arrange,
by contest or other appropriate means, for the selection of the design of
the annual upland bird stamp authorized by ORS 497.153 and for the
production and sale of the stamps.

(2) The commission may produce stamps in such number as the
commission considers appropriate and may make stamps available for the
creation of upland bird art prints and other related art works and may
arrange for the sale of stamps, prints and art works to persons desiring
to purchase those items.

(3) In carrying out its duties, functions and powers with regard to
the upland bird stamp, the State Fish and Wildlife Commission may
contract for the performance of those duties, functions and powers. The
contract may include, among other matters, provisions for advance payment
or reimbursement for services performed pursuant to any such contract.
All costs and expenses incurred pursuant to this section shall be paid
from the Upland Bird Subaccount established under ORS 496.303. [1989
c.406 §6; 2001 c.822 §7]WILDLIFE LAW ENFORCEMENT AND ENFORCEMENT OFFICERSThe State Fish and Wildlife
Director and any deputies of the director and all other peace officers of
this state or any political subdivision thereof have jurisdiction of and
may enforce any of the provisions of the wildlife laws. [Amended by 1973
c.723 §17](1) The Department of
State Police shall employ a sufficient number of state police to enforce
the wildlife laws.

(2) The services and expenses of the Department of State Police
incurred in the enforcement of the wildlife laws shall be paid from the
State Wildlife Fund.

(3) The Superintendent of State Police may appoint special
enforcement officers authorized to enforce the wildlife laws. Individuals
so appointed must be special agents of the United States Fish and
Wildlife Service or the National Marine Fisheries Service, and shall
serve at the pleasure of the superintendent without additional
compensation. Each such special enforcement officer shall have all powers
and authority of a peace officer of this state in serving warrants,
subpoenas and other legal process in enforcement of the wildlife laws.
[Amended by 1971 c.658 §10; 1973 c.723 §18; 1983 c.364 §4; 2003 c.14 §336] The State
Fish and Wildlife Commission, with the approval of the Governor and
Superintendent of State Police, may employ such persons as they deem
necessary or expedient for the enforcement of the wildlife laws. The
services and expenses of these persons are payable out of the State
Wildlife Fund. It is the intention of this section and ORS 496.610 that
the commission employ only such persons as agreed upon between the
commission, the Governor and the Superintendent of State Police, and that
the duties of wildlife law enforcement, so far as is economical and
practicable, be performed by the Department of State Police. [Amended by
1973 c.723 §19] No person
authorized to enforce the wildlife laws shall suffer any civil liability
for the enforcement or attempted enforcement of any provisions of the
wildlife laws or for the exercise or attempted exercise of any of the
duties or privileges granted to or imposed by law upon the State Fish and
Wildlife Commission or such persons. [Amended by 1971 c.658 §11; 1973
c.723 §20](1) Upon information or complaint of the State
Fish and Wildlife Commission or any person authorized to enforce the
wildlife laws, district attorneys shall prosecute every criminal case in
which it appears that there has been a violation of the wildlife laws or
any rule promulgated pursuant thereto.

(2) Unless otherwise specifically provided, justice courts have
concurrent jurisdiction in the first instance with the circuit court of
all wildlife law offenses. [Amended by 1959 c.352 §1; 1959 c.692 §10;
1967 c.523 §6; 1973 c.723 §21; 1999 c.1051 §104] The
persons mentioned in ORS 496.645 have all powers and rights of a peace
officer in serving warrants, subpoenas or other legal process in the
enforcement of the wildlife laws. [Amended by 1971 c.658 §14; 1973 c.723
§22] Any person
authorized to enforce the wildlife laws may, without warrant, arrest any
person violating any of the wildlife laws, and take the person before any
court having jurisdiction of the offense. The court shall proceed without
delay to hear, try and determine the matter and enter judgment according
to allegations and proofs. [Amended by 1971 c.658 §15; 1973 c.723 §23] Should any person making
an arrest mentioned in ORS 496.645 for the violation of the wildlife laws
desire not to forthwith take the person arrested before the justice of
the peace or judge having jurisdiction or desire not to immediately take
the arrested person into custody, the person making the arrest may issue
a citation to the person arrested. [Amended by 1973 c.723 §24](1) Any court having jurisdiction of the
offense, upon receiving proof or probable cause for believing in the
concealment of any wildlife taken, killed or had in possession, under
control, or shipped contrary to the wildlife laws, shall issue a search
warrant and cause a search to be made in any place, and to that end cause
any building, enclosure, car, automobile, boat, apartment, chest, box,
parcel, crate or basket to be opened and the contents examined by any
person authorized to enforce the wildlife laws.

(2) All wildlife, or parts thereof, thus discovered shall be held
by the State Fish and Wildlife Commission as evidence against any party
accused of the crime in connection therewith.

(3) Upon conviction of the parties accused, such wildlife, or parts
thereof, shall be disposed of by the commission. Any funds arising from
the disposal shall become a part of the State Wildlife Fund. [Amended by
1971 c.658 §17; 1973 c.723 §27] The arrests mentioned in ORS
496.645 may be made on Sunday. In this event the persons arrested shall
be taken before any justice of the peace or judge having jurisdiction,
who shall bind over the persons arrested to appear and be proceeded
against as soon as may be on week day following the arrest. [Amended by
1991 c.267 §2] The
persons mentioned in ORS 496.645 may at any time, without warrant, seize
and take possession of:

(1) Any wildlife which has been caught, taken or killed, or had in
possession or under control, which have been killed, had in possession or
shipped, at any time, in any manner or for any purpose contrary to the
wildlife laws.

(2) Any guns, boats, fishing or other apparatus used for the
purpose of hunting or fishing, at any time, in any manner or for any
purpose contrary to the wildlife laws. [Amended by 1971 c.658 §18; 1973
c.723 §28](1) All
wildlife taken by, or in the possession of any person in violation of the
wildlife laws, and all guns, boats, traps, fishing apparatus and
implements used in angling, hunting or trapping or taking any wildlife in
violation of the wildlife laws may be seized by any person authorized to
enforce the wildlife laws, and may be forfeited.

(2) All wildlife shot by any person while violating any provision
of ORS 164.245 to 164.270 or 498.120 shall be seized by any person
authorized to enforce the wildlife laws and shall be forfeited.

(3) If forfeited, such property shall be turned over to the State
Fish and Wildlife Commission by order of the court at the time of passing
sentence for the violation.

(4) The commission may dispose of such property in any manner it
considers proper, but the clear proceeds derived from the sale of any
seized guns, boats, traps, fishing apparatus or implements shall be
deposited in the Common School Fund. Any wildlife taken in violation of
the wildlife laws may be disposed of forthwith or used for food purposes,
under rules of the commission, to prevent spoilage.

(5) Upon conviction of a person for taking wildlife while violating
any provision of ORS 164.245 to 164.270 or 498.120, the court shall
include in the sentence a requirement that the convicted person pay to
the seizing agency an amount equal to the cost incurred in seizing,
storing and disposing of the seized and forfeited wildlife. [Amended by
1971 c.658 §19; 1973 c.723 §29; 1987 c.858 §6; 1993 c.440 §2; 1999 c.1051
§272] The
fact that any person has any wildlife, or any part thereof, in possession
when it is illegal to take or have same is prima facie evidence that such
person killed such wildlife illegally. [Amended by 1971 c.658 §20] Any person who
counsels, aids or assists in any violation of the wildlife laws, or
shares in any of the proceeds of such violation by receiving or
possessing any wildlife, shall incur the penalties provided for the
person guilty of such violation. [Amended by 1971 c.658 §21; 1973 c.723
§30] (1) Where
the State Fish and Wildlife Commission has been furnished information of
the violation of any of the wildlife laws, the commission, or one
especially authorized by it, may proceed to the place where the offense
is said to have been committed and summon and examine under oath
witnesses to ascertain the facts and to avoid useless and frivolous
indictments or prosecutions.

(2) Witnesses shall be paid by the commission from the State
Wildlife Fund at the rate of $5 per day and mileage from their places of
residence at the rate of eight cents per mile.

(3) No witness so summoned shall refuse to attend or testify under
this section. [Amended by 1971 c.658 §22; 1973 c.723 §31](1) The State Fish and Wildlife Commission may institute suit
for the recovery of damages for the unlawful taking or killing of any of
the wildlife referred to in subsection (2) of this section that are the
property of the state.

(2) The damages referred to in subsection (1) of this section shall
be as follows:

(a) Each game mammal other than mountain sheep, mountain goat, elk
or silver gray squirrel, $800.

(b) Each mountain sheep or mountain goat, $6,800.

(c) Each elk, $1,500.

(d) Each silver gray squirrel, $20.

(e) Each game bird other than wild turkey, $20.

(f) Each wild turkey, $100.

(g) Each game fish other than salmon, steelhead trout, halibut or
sturgeon, $10.

(h) Each salmon, steelhead trout, halibut or sturgeon, $250.

(i) Each fur-bearing mammal other than bobcat or fisher, $100.

(j) Each bobcat or fisher, $700.

(k) Each specimen of any wildlife species whose survival is
specified by the wildlife laws or the laws of the United States as
threatened or endangered, $1,000.

(L) Each specimen of any wildlife species otherwise protected by
the wildlife laws or the laws of the United States, but not otherwise
referred to in this subsection, $50.

(3) In any such action, the court shall award to the prevailing
party, in addition to costs and disbursements, reasonable attorney fees.

(4) Such civil damages shall be in addition to other penalties
prescribed by the wildlife laws for the unlawful taking or killing of
wildlife.

(5) Any circuit or justice court has jurisdiction to try any case
for the recovery of damages for the unlawful taking or killing of any of
the wildlife as provided by this section. [Amended by 1961 c.343 §4; 1969
c.302 §1; 1973 c.723 §32; 1981 c.108 §1; 1995 c.658 §106; 2003 c.98 §1] In any
action or proceeding for the enforcement of any of the provisions of the
wildlife laws, or in any investigation before a grand jury, district
attorney or other officer, or any criminal proceeding, no person shall be
excused from testifying concerning any offense committed by another or by
the person on the ground that the testimony of the person may incriminate
the person. However, such testimony shall not be used against the person
in any prosecution for any crime or misdemeanor under the laws of the
state, nor shall the person be subject to any criminal prosecution or any
penalty or forfeiture for or on account of any transaction, matter or
thing concerning which the person has been compelled to testify or to
produce evidence, documentary or otherwise. [Amended by 1971 c.658 §23;
1973 c.723 §33] (1) One-half of all fines imposed in
justice courts as provided in the wildlife laws and collected in money
shall be credited and distributed under ORS 137.293 and 137.295, to the
treasurer of the county in which the action or proceeding is commenced,
as a monetary obligation payable to the county, to be credited to the
general fund of the county. One-half of all fines so imposed and
collected in justice courts shall be credited and distributed under ORS
137.293 and 137.295, as a monetary obligation payable to the state. Fines
so imposed and collected in circuit courts shall be credited and
distributed under ORS 137.293 and 137.295, as monetary obligations
payable to the state. The district attorney of the county, upon payment
of any judgment, shall satisfy it of record as attorney for the state.

(2) Payment of fines collected in justice courts under this section
shall be made within the first 20 days of the month following the month
in which collected. [Amended by 1959 c.530 §8; 1961 c.391 §1; 1971 c.186
§5; 1973 c.723 §34; 1981 s.s. c.3 §115; 1983 c.763 §50; 1987 c.905 §25;
1995 c.658 §107]WILDLIFE LAW VIOLATOR COMPACT The Wildlife Violator
Compact is hereby enacted into law and entered into on behalf of this
state with all other states legally joining therein in a form
substantially as follows:

___________________________________________________________________________
___ARTICLE I

FINDINGS, DECLARATION OF POLICY AND PURPOSE

(a) The party states find that:

(1) Wildlife resources are managed in trust by the respective
states for the benefit of all residents and visitors.

(2) The protection of their respective wildlife resources can be
materially affected by the degree of compliance with state statute, law,
regulation, ordinance or administrative rule relating to the management
of those resources.

(3) The preservation, protection, management and restoration of
wildlife contributes immeasurably to the aesthetic, recreational and
economic aspects of these natural resources.

(4) Wildlife resources are valuable without regard to political
boundaries, therefore, all persons should be required to comply with
wildlife preservation, protection, management and restoration laws,
ordinances and administrative rules and regulations of all party states
as a condition precedent to the continuance or issuance of any license to
hunt, fish, trap or possess wildlife.

(5) Violation of wildlife laws interferes with the management of
wildlife resources and may endanger the safety of persons and property.

(6) The mobility of many wildlife law violators necessitates the
maintenance of channels of communications among the various states.

(7) In most instances, a person who is cited for a wildlife
violation in a state other than the person’s home state:

(i) Must post collateral or bond to secure appearance for a trial
at a later date; or

(ii) If unable to post collateral or bond, is taken into custody
until the collateral or bond is posted; or

(iii) Is taken directly to court for an immediate appearance.

(8) The purpose of the enforcement practices described in paragraph
(7) of this subdivision is to insure compliance with the terms of a
wildlife citation by the person who, if permitted to continue on the
person’s way after receiving the citation, could return to the person’s
home state and disregard the person’s duty under the terms of the
citation.

(9) In most instances, a person receiving a wildlife citation in
the person’s home state is permitted to accept the citation from the
officer at the scene of the violation and to immediately continue on the
person’s way after agreeing or being instructed to comply with the terms
of the citation.

(10) The practice described in paragraph (7) of this subdivision
causes unnecessary inconvenience and, at times, a hardship for the person
who is unable at the time to post collateral, furnish a bond, stand trial
or pay the fine, and thus is compelled to remain in custody until some
alternative arrangement can be made.

(11) The enforcement practices described in paragraph (7) of this
subdivision consume an undue amount of law enforcement time.

(b) It is the policy of the party states to:

(1) Promote compliance with the statutes, laws, ordinances,
regulations and administrative rules relating to management of wildlife
resources in their respective states.

(2) Recognize the suspension of wildlife license privileges of any
person whose license privileges have been suspended by a party state and
treat this suspension as if it had occurred in their state.

(3) Allow violators to accept a wildlife citation, except as
provided in subdivision (b) of Article III, and proceed on the violator’s
way without delay whether or not the person is a resident in the state in
which the citation was issued, provided that the violator’s home state is
party to this compact.

(4) Report to the appropriate party state, as provided in the
compact manual, any conviction recorded against any person whose home
state was not the issuing state.

(5) Allow the home state to recognize and treat convictions
recorded for their residents which occurred in another party state as if
they had occurred in the home state.

(6) Extend cooperation to its fullest extent among the party states
for obtaining compliance with the terms of a wildlife citation issued in
one party state to a resident of another party state.

(7) Maximize effective use of law enforcement personnel and
information.

(8) Assist court systems in the efficient disposition of wildlife
violations.

(c) The purpose of this compact is to:

(1) Provide a means through which the party states may participate
in a reciprocal program to effectuate policies enumerated in subdivision
(b) of this Article in a uniform and orderly manner.

(2) Provide for the fair and impartial treatment of wildlife
violators operating within party states in recognition of the person’s
right of due process and the sovereign status of a party state.ARTICLE II

DEFINITIONS

As used in this compact, unless the context requires otherwise:

(a) “Citation” means any summons, complaint, ticket, penalty
assessment or other official document issued by a wildlife officer or
other peace officer for a wildlife violation containing an order which
requires the person to respond.

(b) “Collateral” means any cash or other security deposited to
secure an appearance for trial, in connection with the issuance by a
wildlife officer or other peace officer of a citation for a wildlife
violation.

(c) “Compliance” with respect to a citation means the act of
answering the citation through appearance at a court, a tribunal or
payment of fines, costs and surcharges, if any, or both such appearance
and payment.

(d) “Conviction” means a conviction, including any court
conviction, of any offense related to the preservation, protection,
management or restoration of wildlife which is prohibited by state
statute, law, regulation, ordinance or administrative rule, or a
forfeiture of bail, bond or other security deposited to secure appearance
by a person charged with having committed any such offense, or payment of
a penalty assessment, or a plea of nolo contendere, or the imposition of
a deferred or suspended sentence by the court.

(e) “Court” means a court of law, including Magistrate’s Court and
Justice Court.

(f) “Home state” means the state of primary residence of a person.

(g) “Issuing state” means the party state which issues a wildlife
citation to the violator.

(h) “License” means any license, permit or other public document
which conveys to the person to whom it was issued the privilege of
pursuing, possessing or taking any wildlife regulated by statute, law,
regulation, ordinance or administrative rule of a party state.

(i) “Licensing authority” means the department or division within
each party state which is authorized by law to issue or approve licenses
or permits to hunt, fish, trap, or possess wildlife.

(j) “Party state” means any state which enacts legislation to
become a member of this Wildlife Compact.

(k) “Personal recognizance” means an agreement by a person made at
the time of issuance of the wildlife citation that the person will comply
with the terms of that citation.

(L) “State” means any state, territory or possession of the United
States, the District of Columbia, Commonwealth of Puerto Rico, Provinces
of Canada or other countries.

(m) “Suspension” means any revocation, denial or withdrawal of any
or all license privileges, including the privilege to apply for, purchase
or exercise the benefits conferred by any license.

(n) “Terms of the citation” means those conditions and options
expressly stated upon the citation.

(o) “Wildlife” means all species of animals, including but not
necessarily limited to mammals, birds, fish, reptiles, amphibians,
mollusks and crustaceans, which are defined as “wildlife” and are
protected or otherwise regulated by statute, law, regulation, ordinance
or administrative rule in a party state. Species included in the
definition of “wildlife” vary from state to state and determination of
whether a species is “wildlife” for the purposes of this compact shall be
based on local law.

(p) “Wildlife law” means any statute, law, regulation, ordinance or
administrative rule developed and enacted to manage wildlife resources
and the use thereof.

(q) “Wildlife officer” means any individual authorized by a party
state to issue a citation for a wildlife violation.

(r) “Wildlife violation” means any cited violation of a statute,
law, regulation, ordinance or administrative rule developed and enacted
to manage wildlife resources and the use thereof.ARTICLE III

PROCEDURES FOR ISSUING STATE

(a) When issuing a citation for a wildlife violation, a wildlife
officer shall issue a citation to any person whose primary residence is
in a party state in the same manner as if the person were a resident of
the home state and shall not require the person to post collateral to
secure appearance, subject to the exceptions contained in subdivision (b)
of this Article, if the officer receives the person’s personal
recognizance that the person will comply with the terms of the citation.

(b) Personal recognizance is acceptable:

(1) If not prohibited by local law or the compact manual; and

(2) If the violator provides adequate proof of the violator’s
identification to the wildlife officer.

(c) Upon conviction or failure of a person to comply with the terms
of a wildlife citation, the appropriate official shall report the
conviction or failure to comply to the licensing authority of the party
state in which the wildlife citation was issued. The report shall be made
in accordance with procedures specified by the issuing state and shall
contain the information specified in the compact manual as minimum
requirements for effective processing by the home state.

(d) Upon receipt of the report of conviction or noncompliance
required by subdivision (c) of this Article, the licensing authority of
the issuing state shall transmit to the licensing authority in the home
state of the violator the information in a form and content as contained
in the compact manual.ARTICLE IV

PROCEDURES FOR HOME STATE

(a) Upon receipt of a report of failure to comply with the terms of
a citation from the licensing authority of the issuing state, the
licensing authority of the home state shall notify the violator, shall
initiate a suspension action in accordance with the home state’s
suspension procedures and shall suspend the violator’s license privileges
until satisfactory evidence of compliance with the terms of the wildlife
citation has been furnished by the issuing state to the home state
licensing authority. Due process safeguards will be accorded.

(b) Upon receipt of a report of conviction from the licensing
authority of the issuing state, the licensing authority of the home state
shall enter such conviction in its records and shall treat such
conviction as if it occurred in the home state for the purposes of the
suspension of license privileges.

(c) The licensing authority of the home state shall maintain a
record of actions taken and make reports to issuing states as provided in
the compact manual.ARTICLE V

RECIPROCAL RECOGNITION

OF SUSPENSION

All party states shall recognize the suspension of license
privileges of any person by any state as if the violation on which the
suspension is based had in fact occurred in their state and could have
been the basis for suspension of license privileges in their state.ARTICLE VI

APPLICABILITY OF OTHER LAWS

Except as expressly required by provisions of this compact, nothing
herein shall be construed to affect the right of any party state to apply
any of its laws relating to license privileges to any person or
circumstance, or to invalidate or prevent any agreement or other
cooperative arrangements between a party state and a nonparty state
concerning wildlife law enforcement.ARTICLE VII

COMPACT ADMINISTRATOR

PROCEDURES

(a) For the purpose of administering the provisions of this compact
and to serve as a governing body for the resolution of all matters
relating to the operation of this compact, a board of compact
administrators is established. The board shall be composed of one
representative from each of the party states to be known as the compact
administrator. The compact administrator shall be appointed by the head
of the licensing authority of each party state and will serve and be
subject to removal in accordance with the laws of the state the
administrator represents. A compact administrator may provide for the
discharge of the administrator’s duties and the performance of the
administrator’s functions as a board member by an alternate. An alternate
may not be entitled to serve unless written notification of the
alternate’s identity has been given to the board.

(b) Each member of the board of compact administrators shall be
entitled to one vote. No action of the board shall be binding unless
taken at a meeting at which a majority of the total number of votes on
the board are cast in favor thereof. Action by the board shall be only at
a meeting at which a majority of the party states are represented.

(c) The board shall elect annually, from its membership, a
chairperson and vice-chairperson.

(d) The board shall adopt bylaws, not inconsistent with the
provisions of this compact or the laws of a party state, for the conduct
of its business and shall have the power to amend and rescind its bylaws.

(e) The board may accept for any of its purposes and functions
under this compact all donations and grants of money, equipment,
supplies, materials and services, conditional or otherwise, from any
state, the United States or any governmental agency, and may receive,
utilize and dispose of the same.

(f) The board may contract with or accept services or personnel
from any governmental or intergovernmental agency, individual, firm,
corporation or any private nonprofit organization or institution.

(g) The board shall formulate all necessary procedures and develop
uniform forms and documents for administering the provisions of this
compact. All procedures and forms adopted pursuant to board action shall
be contained in the compact manual.ARTICLE VIII

ENTRY INTO COMPACT

AND WITHDRAWAL

(a) This compact shall become effective when it has been adopted by
at least two states.

(b) (1) Entry into the compact shall be made by resolution of
ratification executed by the authorized officials of the applying state
and submitted to the chairperson of the board.

(2) The resolution shall be in a form and content as provided in
the compact manual and shall include statements that in substance are as
follows:

(i) A citation of the authority by which the state is empowered to
become a party to this compact;

(ii) Agreement to comply with the terms and provisions of the
compact; and

(iii) That compact entry is with all states then party to the
compact and with any state that legally becomes a party to the compact.

(3) The effective date of entry shall be specified by the applying
state, but shall not be less than 60 days after notice has been given by
the chairperson of the board of the compact administrators or by the
secretariat of the board to each party state that the resolution from the
applying state has been received.

(c) A party state may withdraw from this compact by official
written notice to the other party states, but a withdrawal shall not take
effect until 90 days after notice of withdrawal is given. The notice
shall be directed to the compact administrator of each member state. No
withdrawal shall affect the validity of this compact as to the remaining
party states.ARTICLE IX

AMENDMENTS TO THE COMPACT

(a) This compact may be amended from time to time. Amendments shall
be presented in resolution form to the chairperson of the board of
compact administrators and may be initiated by one or more party states.

(b) Adoption of an amendment shall require endorsement by all party
states and shall become effective 30 days after the date of the last
endorsement.

(c) Failure of a party state to respond to the compact chairman
within 120 days after receipt of the proposed amendment shall constitute
endorsement.ARTICLE X

CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed so as to effectuate the
purposes stated herein. The provisions of this compact shall be severable
and if any phrase, clause, sentence or provision of this compact is
declared to be contrary to the constitution of any party state or of the
United States or the applicability thereof to any government, agency,
individual, or circumstance is held invalid, the compact shall not be
affected thereby. If this compact shall be held contrary to the
constitution of any party state thereto, the compact shall remain in full
force and effect as to the remaining states and in full force and effect
as to the state affected as to all severable matters.ARTICLE XI

TITLE

This compact shall be known as the Wildlife Violator Compact.

___________________________________________________________________________
___ [1989 c.1056 §2]PERMIT FOR WATER FOR HYDROELECTRIC PURPOSES As used in ORS
496.815 to 496.825:

(1) “Department” means the State Department of Fish and Wildlife.

(2) “Director” means the State Fish and Wildlife Director.

(3) “Person” means an individual, corporation, association, firm,
partnership, joint stock company, municipal corporations and all other
political subdivisions of the State of Oregon. The federal government or
any of its agencies are specifically excluded. [1985 c.674 §1] (1) Any person applying for a permit
to appropriate water for hydroelectric purposes under ORS 537.150 to
537.252 or any person applying for a preliminary permit or license under
ORS 543.010 to 543.610 shall pay an administration fee of $350 to the
State Department of Fish and Wildlife.

(2) If a person pays the administration fee under subsection (1) of
this section at the time the person applies for a preliminary permit
under ORS 543.210, the person shall not also be required to pay the fee
when applying for a license for the same project under ORS 543.010 to
543.610. [1985 c.674 §2] (1) In addition to any other
fee required by law, at the time the person applies to the Water
Resources Department for a license to operate a hydroelectric project
under ORS 543.010 to 543.610 or for a permit to appropriate water for
hydroelectric purposes under ORS 537.150 to 537.230, the person shall pay
to the State Fish and Wildlife Director an application fee the amount of
which shall be the greater of:

(a) $1,000; or

(b) Thirty-five cents for each kilowatt of proposed capacity of the
project.

(2) The director shall postpone the payment of the fee under
subsection (1) of this section for a permit to appropriate water under
ORS 537.150 to 537.230 until the person submits final plans and
specifications for the project to the Water Resources Department under
ORS 537.150.

(3) Subsection (1) of this section shall not apply to any applicant
for a permit or license for a project producing 100 theoretical
horsepower or less. [1985 c.674 §3] A person who fails to pay the fee required
under section 4, chapter 674, Oregon Laws 1985, or the assessment under
section 5, chapter 674, Oregon Laws 1985, or ORS 543.265 on the due date
shall pay in addition to the assessed amount due, a penalty in the amount
of one percent of the fee per month for the period that the fee is past
due. The State Fish and Wildlife Director may bring an action to collect
an unpaid fee or assessment in the name of the State of Oregon in the
Circuit Court of Marion County or the circuit court of the county in
which the project is located. The director shall be entitled to recover
all costs and attorney fees incurred in the legal action. [1985 c.674 §7] (1) There is
created within the State Treasury a revolving fund known as the Oregon
Fish and Wildlife Hydroelectric Fund, separate and distinct from the
General Fund. The moneys in this fund are continuously appropriated for
use by the State Department of Fish and Wildlife in its activities
related to hydroelectric projects including payment of necessary
administrative expenses.

(2) The fund created by subsection (1) of this section shall
consist of all moneys received under sections 4 and 5, chapter 674,
Oregon Laws 1985, ORS 496.820 and 496.825 and moneys transferred from the
Water Resources Department Hydroelectric Fund as provided in ORS 536.015.

(3) Moneys in the fund may be invested as provided in ORS 293.701
to 293.820. Interest from any source derived from the investment of the
moneys of the fund shall be credited to the fund. [1985 c.674 §8; 1991
c.869 §3]PENALTIES (1) The base fine
amount for a violation of wildlife laws or rules as described in ORS
496.992 (2) that is required in violation proceedings under ORS chapter
153 shall be as follows:

(a) Violations that do not involve the taking of wildlife, except
for violations of the nonresident licensing provisions of ORS 497.102 and
497.121 and the provisions of ORS 496.994, $75.

(b) Violations that involve the taking of nongame mammals or game
birds, and size or quantity limits for fish and shellfish, except salmon,
steelhead trout and sturgeon, $150.

(c) Violations that involve the taking of salmon, steelhead trout,
sturgeon, wildlife not otherwise provided for and all other wildlife
offenses, $299.

(2) The base fine amount established under subsection (1) of this
section includes the unitary assessment required under ORS 137.290 and
the county assessment required under ORS 137.309.

(3) A court may not establish a base fine amount for a violation of
an offense described in subsection (1) of this section other than the
amount listed in this section. [1995 c.545 §4; 1997 c.19 §1; 1999 c.1051
§105](1) Except as otherwise provided by ORS 153.022
and other law, violation of any provision of the wildlife laws, or any
rule promulgated pursuant thereto, is a Class A misdemeanor when the
offense is committed with a culpable mental state as defined in ORS
161.085. If the defendant is sentenced to pay a fine, failure to pay the
fine, or any portion thereof, shall be treated as provided in ORS 161.685.

(2) Except as otherwise provided by ORS 153.022 and other law,
violation of any provision of the wildlife laws or any rule promulgated
pursuant thereto is punishable as a Class A violation in the manner
prescribed in ORS chapter 153 when the offense is committed with no
culpable mental state as defined in ORS 161.085.

(3) The second and each subsequent conviction within a 10-year
period for the taking of game fish with a total value of $200 or more or
the taking of antelope, black bear, cougar, deer, elk, moose, mountain
goat or mountain sheep in violation of the wildlife laws or any rule
promulgated pursuant thereto which occurs more than one hour prior to or
more than one hour subsequent to a season established for the lawful
taking of such game mammals or game fish is a Class C felony when the
offense is committed with a culpable mental state as defined in ORS
161.085. [1973 c.723 §39; 1975 c.578 §3; 1977 c.350 §3; 1977 c.353 §1;
1983 c.364 §1; 1985 c.372 §1; 1995 c.545 §5; 1999 c.1051 §106] (1) A person
commits the offense of obstructing the taking of wildlife if the person,
having no right to do so, interferes with the lawful taking, or the
process of taking, of wildlife by another with the intent to prevent the
taking.

(2) Obstructing the taking of wildlife is a Class A misdemeanor.
[1987 c.473 §2; 1989 c.171 §67; 1995 c.468 §1](1) A person commits the crime of unlawful taking of wildlife if:

(a) The person discharges a firearm or other hunting device, traps,
or acts toward a wildlife decoy in any manner consistent with an unlawful
taking of wildlife; and

(b) The wildlife decoy is under the control of law enforcement
officials.

(2) As used in this section, “wildlife decoy” means any simulation
or replication of wildlife, in whole or in part, used by law enforcement
officials for purposes of enforcing state wildlife laws. [1995 c.125 §2]

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