USA Statutes : oregon
Title : TITLE 41 WILDLIFE
Chapter : Chapter 497 Licenses and Permits
Except as provided in
ORS 497.006, as used in this chapter:
(1) “Resident” means a person who has resided in this state at
least six consecutive months immediately prior to the date of making
application for a license, tag or permit issued by the State Fish and
Wildlife Commission. Temporary absence from the state for a purpose other
than establishing residency outside the state shall not be considered in
determining whether a person meets the residency requirements of this
subsection.
(2) “Nonresident” means any person other than a resident. [1973
c.723 §41] (1) As
used in this section:
(a) “Active member of the Armed Forces of the United States” means
officers and enlisted personnel of the Armed Forces of the United States
who:
(A) Reside in this state while assigned to duty at any base,
station, shore establishment or other facility in this state;
(B) Reside in this state while serving as members of the crew of a
ship that has an Oregon port or shore establishment as its home port or
permanent station; or
(C) Reside in another state or a foreign country and establish
Oregon residency by filing Oregon state income taxes no later than 12
months before leaving active duty.
(b) “Armed Forces of the United States” means:
(A) The Army, Navy, Air Force, Marine Corps and Coast Guard of the
United States;
(B) The reserves of the Army, Navy, Air Force, Marine Corps and
Coast Guard of the United States; and
(C) The Oregon National Guard and the National Guard of any other
state or territory.
(c) “Dependent children” includes any children of an active member
of the Armed Forces of the United States who:
(A) Are under 18 years of age and not married, otherwise
emancipated or self-supporting; or
(B) Are under 23 years of age, unmarried, enrolled in a full-time
course of study in an institution of higher learning and dependent on the
member for over one-half of their support.
(2) The following persons shall be considered resident persons for
the purpose of purchasing licenses, tags and permits issued by the State
Fish and Wildlife Commission:
(a) Active members of the Armed Forces of the United States who
furnish to the commission evidence satisfactory to the commission that
the person is permanently assigned to active duty in this state and the
spouses and dependent children of such members.
(b) Any active member of the Armed Forces of the United States who
furnishes to the commission evidence satisfactory to the commission that
the person is a member of the Armed Forces of the United States and the
spouse and dependent children of such member.
(c) Aliens who furnish to the commission evidence satisfactory to
the commission that the person is attending a school in this state
pursuant to a foreign student exchange program. [1973 c.723 §42; 1987
c.158 §112; 1987 c.162 §8; 1989 c.264 §4; 2003 c.242 §5; 2005 c.831 §10] (1) Angling, hunting
or trapping in the waters of the Snake River or on the islands of the
Snake River, where the river forms the boundary line between the State of
Oregon and the State of Idaho, by a holder of either a valid Oregon or
Idaho license therefor in accordance with the laws and rules of the
respective states is lawful.
(2) Nothing in this section is intended to authorize:
(a) The holder of an Oregon license to angle, hunt or trap on the
shoreline, sloughs or tributaries on the Idaho side of the Snake River.
(b) The holder of an Idaho license to angle, hunt or trap on the
shoreline, sloughs or tributaries on the Oregon side of the Snake River.
[1973 c.723 §43](1) A person may take fish or shellfish in the waters of the
Pacific Ocean within three miles of the coast of the State of Oregon or
the State of Washington, between the Oregon-Washington boundary and Cape
Falcon, or in the waters of the Columbia River where it forms the
Oregon-Washington boundary, if the person holds either a valid Oregon or
Washington license therefor in accordance with the laws and rules of the
respective state. However, a person other than a Washington resident
landing fish or taking shellfish by boat in Oregon must hold a valid
Oregon angling or shellfish license. All persons landing fish by boat in
Oregon are subject to all Oregon laws, rules and regulations relating to
taking fish or shellfish, including bag and length requirements.
(2) Subsection (1) of this section applies only if the State Fish
and Wildlife Commission by rule determines that laws, rules or
regulations of the State of Washington, in substance or effect, contain
provisions that make a valid Oregon license lawful in the waters of the
Pacific Ocean within three miles of the coast of the State of Oregon or
the State of Washington, between the Oregon-Washington boundary and
Leadbetter Point, or in the waters of the Columbia River where it forms
the Oregon-Washington boundary. [1983 c.173 §§2, 3; 1985 c.373 §1; 2003
c.656 §4; 2005 c.260 §1] Unless otherwise
provided by law, all licenses, tags and permits issued by the State Fish
and Wildlife Commission shall be valid for such period of time as the
commission prescribes. [1973 c.723 §44; 1981 c.445 §1](1) The State Fish and Wildlife Commission may appoint agents to
issue any of the licenses, tags or permits the commission is authorized
by law to issue. The commission shall prescribe the procedure for the
issuance of such licenses, tags and permits. Agents of the commission
shall issue licenses, tags and permits in accordance with the prescribed
procedure and shall charge and collect the fees prescribed by law
therefor.
(2) In addition to the fees prescribed by law for the issuance of a
license, tag or permit, the issuing agent shall charge and collect $5 for
each resident annual sportsperson’s license issued pursuant to ORS
497.132 (2)(a) and $1.50 each for any other license, tag or permit. If
the agent is a county clerk, the agent shall deposit such additional fees
in the general fund of the county for which the agent is the clerk. If
the agent is an employee of the State Department of Fish and Wildlife,
the moneys shall be deposited in the State Wildlife Fund. Agents other
than county clerks or department employees who issue licenses without the
use of a state computerized licensing system may retain such additional
fees for their license tag or permit issuance services. Agents other than
county clerks or department employees who issue licenses, tags or permits
using a state computerized licensing system may retain such portion of
the additional fees, but not less than $2.50 for each resident annual
sportsperson’s license issued pursuant to ORS 497.132 (2)(a) or 75 cents
for any other license, tag or permit, as may be specified by contract
between the department and the agent for license, tag or permit issuance
service performed by the agent.
(3) If the commission finds that an agent appointed pursuant to
this section has violated any of the provisions of law or the procedures
prescribed by the commission for the issuance of licenses, tags or
permits or the collection and disposition of fees therefrom, the
commission may revoke the authority of the agent to issue licenses, tags
and permits, or may suspend such authority for such time as the
(1) No agent
appointed by the State Fish and Wildlife Commission to issue licenses,
tags or permits shall fail to remit to the commission moneys received
from the issuance of licenses, tags and permits in the manner required by
this section.
(2) The commission shall, by rule, prescribe the method in which
license agents shall remit all moneys belonging to the state accruing
from the issuance of licenses, tags and permits.
(3) Notwithstanding subsection (2) of this section, the commission
shall not require a license agent to remit moneys from the issuance of
licenses, tags and permits more often than once each month if:
(a) The license agent issues licenses, tags and permits in the
amount of $12,500 or less each year; and
(b) The license agent does not use a state computerized licensing
system to issue licenses, tags and permits. [1973 c.723 §46; 1975 c.85
§1; 1987 c.345 §2; 1989 c.573 §2] If a license,
tag or permit issued by the State Fish and Wildlife Commission is lost,
destroyed or stolen, the holder thereof may submit to the commission a
certificate stating that the license, tag or permit has been lost, stolen
or destroyed, together with a fee of $5 for each such license, tag or
permit. Upon receipt of the certificate and appropriate fees, the
commission shall issue to the person a duplicate license, tag or permit
that may be used in lieu of the lost, destroyed or stolen licenses, tags
or permits. [1973 c.723 §47; 1981 c.445 §3; 1985 c.60 §6] The
holder of any license, tag or permit to angle, take, hunt or trap must
consent to the inspection of any such license, tag or permit and any
wildlife taken pursuant to such license, tag or permit:
(1) By any employee of the State Fish and Wildlife Commission or
any person authorized to enforce the wildlife laws.
(2) By the owner, or the agent of the owner, of any land upon which
the license, tag or permit holder is angling for, taking, hunting or
trapping any wildlife. [1973 c.723 §48; 1981 c.445 §4; 1991 c.67 §149;
2003 c.656 §5]LICENSE, TAG AND PERMIT REQUIREMENTS AND FEESThe Legislative Assembly finds it imperative that the wildlife
resources of the State of Oregon be augmented to a level sufficient to
provide Oregonians the recreational benefits of hunting and angling, an
abundance of wildlife, and the reasonable expectation that their efforts
will result in the taking of game or fish. The intent of this legislation
is to provide adequate revenue to the State Fish and Wildlife Commission
whereby game mammal herds and game fish populations may be increased for
the benefit of Oregon hunters and anglers. Concomitant with the purposes
for which the Legislative Assembly approves this legislation, the State
Fish and Wildlife Commission is directed to expend the revenues created
by this section and ORS 497.102 to 497.134 in achieving wildlife
management objectives including, but not limited to the following:
(1) Habitat management.
(2) Predator control.
(3) Replenishment of fish and game populations.
(4) Reduction of the anadromous bag limit.
(5) Adjustment of seasons and deadlines to protect returning
anadromous adults.
(6) Supplemental wildlife feeding.
(7) Protection of game mammals and game birds with characteristics
of high reproductive potential.
(8) Enforcement of closings necessitated by herd or population
depletion.
(9) Expansion of the road and access closure program when necessary
to reduce hunting pressure in specific areas. [1975 c.454 §1]
(1) Except as provided in subsections (2), (3) and (4) of this section,
no person shall angle for, take, hunt or trap, or assist another in
angling for, taking, hunting or trapping, any wildlife unless the person
has in possession such valid licenses, tags and permits therefor as the
State Fish and Wildlife Commission issues.
(2) An angling or shellfish license is not required:
(a) Of a person younger than 14 years of age. However, each such
person who angles for salmon, steelhead trout, sturgeon or halibut must
have in possession a valid annual tag to angle for salmon, steelhead
trout, sturgeon and halibut while so angling.
(b) Of a resident person to angle or take shellfish on land owned
by that person. However, each such person who angles for salmon,
steelhead trout, sturgeon or halibut must have in possession a valid
annual tag to angle for salmon, steelhead trout, sturgeon and halibut
while so angling.
(c) Of a resident person to angle or take shellfish on land owned
by a member of the person’s immediate family and upon which the person
resides. However, each such person who angles for salmon, steelhead
trout, sturgeon or halibut must have in possession a valid annual tag to
angle for salmon, steelhead trout, sturgeon and halibut while so angling.
(d) Of a person to angle for or otherwise take smelt.
(e) Of a person to take crayfish or freshwater clams.
(3) A hunting license is not required:
(a) Of a person younger than 14 years of age to hunt wildlife,
except those species for which a tag or permit is required by the
wildlife laws or by any rule promulgated pursuant thereto.
(b) Of a resident person to hunt wildlife, except those species of
wildlife for which a tag or permit is required by the wildlife laws or by
any rule promulgated pursuant thereto, on land upon which the person
resides and is owned by the person or a member of the person’s immediate
family.
(c) Of a person who holds a valid trapping license to take, by any
means involving the use of a weapon, fur-bearing mammals during
authorized trapping seasons or predators.
(d) Of a person to take wildlife pursuant to ORS 498.012,
notwithstanding any other provision of this subsection.
(4) A trapping license is not required:
(a) Of a resident person to trap fur-bearing mammals or predators,
except those species for which a tag or permit is required by the
wildlife laws or any rule promulgated pursuant thereto, on land upon
which the person resides and is owned by the person or a member of the
person’s immediate family.
(b) Of a person younger than 14 years of age to trap fur-bearing
mammals or predators, except those species for which a tag or permit is
required by the wildlife laws or by any rule promulgated pursuant thereto.
(c) Of a person to trap wildlife that is not protected by the
wildlife laws or the laws of the United States. [1973 c.723 §49; 1975
c.214 §1; 1985 c.60 §3; 1999 c.1006 §3; 2003 c.656 §6] Notwithstanding ORS
497.075, 497.121 and 497.132, the State Fish and Wildlife Commission may
issue an order that authorizes individuals to angle for fish or take
shellfish in the waters of this state without the licenses or tags, or
without the licenses and tags otherwise required by law, on any two
consecutive days each year. [1989 c.344 §2; 1995 c.177 §1; 2003 c.656 §7] (1) The State Fish and
Wildlife Commission is authorized to issue, upon application, to persons
desiring to hunt wildlife the following licenses and permits and shall
charge therefor the following fees:
(a) Resident annual hunting license to hunt wildlife, $19.
(b) Nonresident annual hunting license to hunt wildlife, $73.
(c) Resident annual juvenile hunting license for persons 14 through
17 years of age to hunt wildlife except those species for which a game
mammal tag or permit is required by the wildlife laws or by any rule
promulgated pursuant thereto, $2.
(d) Resident pioneer hunting license to hunt wildlife for persons
65 years of age or older who have resided in the state for not less than
50 years prior to the date of application, free.
(e) Resident annual senior citizen hunting license to hunt wildlife
for persons 70 years of age or older who have resided in the state for
not less than five years prior to the date of application, one-half the
fee imposed under paragraph (a) of this subsection for a resident annual
hunting license to hunt wildlife.
(f) Resident disabled war veteran hunting license to hunt wildlife
for a person who files with the commission written proof that the last
official certification of record by the United States Department of
Veterans Affairs or any branch of the Armed Forces of the United States
shows the person to be at least 25 percent disabled, free.
(g) Annual resident private hunting preserve permit to hunt
privately owned hunting preserve game birds, $3.
(h) Annual nonresident private hunting preserve permit to hunt
privately owned hunting preserve game birds, $9.
(i) Nonresident hunting license to hunt migratory waterfowl and
upland birds for three consecutive days, $20.
(2) The hunting preserve permits referred to in subsection (1)(g)
and (h) of this section are in lieu of the hunting licenses required by
Note: See second note under 497.121. (1) The State Fish and
Wildlife Commission is authorized to issue, upon application, to persons
desiring to hunt wildlife the following general tags and shall charge
therefor the following fees:
(a) Resident annual elk tag to hunt elk, $33.
(b) Nonresident annual elk tag to hunt elk, $360.
(c) Special annual elk tag for holders of pioneer or disabled
veteran hunting licenses to hunt elk, one-half the fee imposed under
paragraph (a) of this subsection for a resident annual elk tag to hunt
elk.
(d) Resident annual deer tag to hunt deer, $18.
(e) Nonresident annual deer tag to hunt deer, $263.
(f) Resident annual black bear tag to hunt black bear, $10.
(g) Nonresident annual black bear tag to hunt black bear, $150.
(h) Resident annual mountain sheep tag to hunt mountain sheep, $100.
(i) Nonresident annual mountain sheep tag to hunt mountain sheep,
$1,082.
(j) Resident annual mountain goat tag to hunt mountain goat, $100.
(k) Nonresident annual mountain goat tag to hunt mountain goat,
$1,082.
(L) Resident annual cougar tag to hunt cougar, $10.
(m) Nonresident annual cougar tag to hunt cougar, $150.
(n) Resident annual antelope tag to hunt antelope, $35.
(o) Nonresident annual antelope tag to hunt antelope, $276.
(p) Resident annual turkey tag to hunt turkeys, $16.50.
(q) Nonresident annual turkey tag to hunt turkeys, $62.50.
(r) Outfitter and guide annual deer tag to hunt deer, $450.
(s) Outfitter and guide annual elk tag to hunt elk, $665.
(2)(a) Notwithstanding ORS 496.146 (10), the commission is
authorized to issue each year one special tag that is auctioned to the
highest bidder in a manner prescribed by the commission for each of the
following:
(A) Mountain sheep;
(B) Antelope; and
(C) Mountain goat.
(b) In addition to the tags referred to in paragraph (a) of this
subsection, the commission is authorized to issue each year one special
tag that is raffled in a manner prescribed by the commission for each of
the following:
(A) Mountain sheep;
(B) Antelope; and
(C) Mountain goat.
(c) Moneys received under this subsection for:
(A) Mountain sheep tags shall be placed in the Mountain Sheep
Subaccount established in ORS 496.303;
(B) Antelope tags shall be placed in the Antelope Subaccount
established in ORS 496.303; and
(C) Mountain goat tags shall be placed in the Mountain Goat
Subaccount established in ORS 496.303.
(d) Notwithstanding ORS 496.146 (10), the commission, upon the
recommendation of the Access and Habitat Board to fulfill the board’s
charge of providing incentives to increase public access and habitat
improvements to private land, is authorized to issue each year up to 10
elk and 10 deer tags to hunt deer or elk. The tags shall be auctioned or
raffled to the highest bidder in a manner prescribed by the commission.
The Access and Habitat Board, in recommending any tags, shall include a
proposal as to the land on which each tag can be used and a percentage of
funds received from the tags that may revert to the landowner if the tag
is limited to private land. However, the percentage cannot be more than
50 percent and the programs must, by written agreement, provide for
public access and habitat improvements.
(3) The tags referred to in subsection (1) of this section are in
addition to and not in lieu of the hunting licenses required by law.
(4) The commission may, at the time of issue only, indorse upon the
tags referred to in subsection (1) of this section an appropriate
designation indicating whether it is for a game animal to be taken with
bow and arrow or with firearms, at the choice of the applicant. The
commission may prescribe by rule that the holder of such a tag is not
authorized to take the game animal by any other means than the tag so
indorsed.
(5) Except as provided in subsection (6) of this section, a person
is not eligible to obtain, in a lifetime, more than one controlled hunt
tag issued by the commission to hunt mountain sheep and one controlled
hunt tag issued by the commission to hunt mountain goat.
(6) A person is eligible to obtain mountain sheep tags, antelope
tags or mountain goat tags described in subsection (2)(a) and (b) of this
section, regardless of whether the person has previously taken a mountain
sheep, antelope or mountain goat or previously obtained a mountain sheep
tag, antelope tag or mountain goat tag issued pursuant to subsection (1)
or (2)(a) or (b) of this section.
(7) The number of nonresident mountain goat tags and nonresident
mountain sheep tags shall be decided by the commission, but:
(a) The number of nonresident mountain goat tags may not be less
than five percent nor more than 10 percent of all mountain goat tags
issued.
(b) The number of nonresident mountain sheep tags may not be less
than five percent nor more than 10 percent of all mountain sheep tags
issued.
(8) The number of tags issued by drawing under subsection (1)(g),
(m) and (o) of this section shall be decided by the commission, but for
each class of tag so issued, the number may not be more than three
percent of all tags of that class issued for hunting in a particular area
except one nonresident tag may be issued for each hunt when the number of
authorized tags is less than 35. The number of tags issued under
subsection (1)(g) of this section for the general hunting season may be
decided by the commission, but the number may not be more than three
percent of all tags issued the previous year for hunting in a particular
area.
(9) The number of tags issued by drawing under subsection (1)(b)
and (e) of this section shall be decided by the commission, but for each
class of tag so issued, the number may not be more than five percent of
all tags of that class issued for hunting in a particular area except one
nonresident tag may be issued for each hunt when the number of authorized
tags is fewer than 35. The commission shall set the percentage by rule
each year after holding a public hearing.
(10) If a controlled hunt for game mammals is undersubscribed
during the primary controlled hunt drawing, the commission may issue the
unallocated tags to licensed hunters at up to four times the standard tag
fee on a first-come, first-served basis. This controlled hunt tag program
shall be in addition to and not replace any existing controlled hunt tag
(1) The
State Fish and Wildlife Commission is authorized to issue, upon
application, to persons desiring to angle for fish or take shellfish the
following licenses and tags and shall charge therefor the following fees:
(a) Resident annual angling license, $21.
(b) Nonresident annual angling license, $54.75.
(c) Nonresident angling license to angle for seven consecutive
days, $39.50.
(d) Angling license to angle for one day, $9.25.
(e) Resident annual juvenile angling license for persons 14 through
17 years of age, $4.
(f) Resident annual shellfish license, $5.
(g) Nonresident annual shellfish license, $15.
(h) Nonresident three-day shellfish license, $7.50.
(i) Resident pioneer angling license for persons 65 years of age or
older who have resided in the state for not less than 50 years prior to
the date of application, free.
(j) Resident annual senior citizen angling license for persons 70
years of age or older who have resided in the state for not less than
five years prior to the date of application, one-half the fee imposed
under paragraph (a) of this subsection for a resident annual angling
license.
(k) Resident disabled war veteran angling license for a person who
files with the commission written proof that the last official
certification of record by the United States Department of Veterans
Affairs or by any branch of the Armed Forces of the United States shows
the person to be at least 25 percent disabled, free.
(L) Annual tag to angle for salmon, steelhead trout, sturgeon and
halibut, $20.
(m) Annual tag for persons under 18 years of age to angle for
salmon, steelhead trout, sturgeon and halibut, $5.
(n) Renewable tag to angle for hatchery salmon and steelhead,
$10.50.
(2) Any person who holds a valid permanent angling license for
blind persons or a permanent angling license for persons in a wheelchair
issued by the commission before January 1, 2000, need not obtain a
resident annual angling license under this section.
(3) The annual tags to angle for salmon, steelhead trout, sturgeon
and halibut referred to in subsection (1)(L), (m) and (n) of this section
are in addition to and not in lieu of the angling licenses required by
the wildlife laws. However, an annual tag to angle for salmon, steelhead
trout, sturgeon and halibut is not required of a person who holds a valid
angling license referred to in subsection (1)(c) or (d) of this section.
Note: Section 4, chapter 512, Oregon Laws 1989, provides:
Sec. 4. Surcharges through 2009. In addition to the fees otherwise
prescribed by law, the issuer of each of the following licenses shall
charge and collect each time the license is issued, during the period
beginning January 1, 1998, and ending December 31, 2009, the following
surcharges:
(1) Resident combination license issued under ORS 497.132, $2.
(2) Resident annual angling license issued under ORS 497.121
(1)(a), $2.
(3) Resident juvenile angling license issued under ORS 497.121
(1)(e), $1.
(4) Angling license to angle for one day issued under ORS 497.121
(1)(d), $1.
(5) Nonresident annual angling license issued under ORS 497.121
(1)(b), $5.
(6) Nonresident angling license to angle for seven consecutive days
issued under ORS 497.121 (1)(c), $2.50. [1989 c.512 §4; 1991 c.184 §1;
1993 c.619 §3; 1997 c.8 §9; 1999 c.1006 §11; 2003 c.643 §1]Note: Section 19, chapter 659, Oregon Laws 1993, provides:
Sec. 19. Surcharges through 2009. (1) In addition to the fees
otherwise prescribed by law, the issuer of each of the following licenses
shall charge and collect each time the license is issued, during the
period beginning January 1, 1994, and ending December 31, 2009, the
following surcharges:
(a) Resident annual combination license issued under ORS 497.132,
$2.
(b) Resident annual hunting license issued under ORS 497.102
(1)(a), $2.
(c) Nonresident annual hunting license issued under ORS 497.102
(1)(b), $2.
(d) Resident annual juvenile hunting license issued under ORS
497.102 (1)(c), $1.
(2) Payment of the surcharges required by this section does not
entitle the license holder to special access to any property or to any
other privilege. Notice to this effect shall be printed in materials
distributed by the State Department of Fish and Wildlife to licensees.
[1993 c.659 §19; 1997 c.246 §1; 1999 c.1006 §12; 2003 c.203 §1] The State Fish and Wildlife
Commission shall adopt rules for the issuance of hatchery harvest tags to
persons holding an annual angling license and an annual tag to angle for
salmon and steelhead. The rules shall allow persons holding a hatchery
harvest tag to angle for 10 fin clipped or otherwise marked returning
hatchery salmon and steelhead. [2001 c.94 §1]Note: 497.123 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 497 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. In addition to the fees
otherwise prescribed by law, the issuer of each of the following licenses
shall charge and collect each time the license is issued a surcharge of
25 cents for each of the following licenses:
(1) Resident combination license issued under ORS 497.132.
(2) Resident annual angling license issued under ORS 497.121 (1)(a).
(3) Resident annual juvenile angling license issued under ORS
497.121 (1)(e).
(4) Angling license to angle for one day issued under ORS 497.121
(1)(d).
(5) Nonresident annual angling license issued under ORS 497.121
(1)(b).
(6) Nonresident angling license to angle for seven consecutive days
issued under ORS 497.121 (1)(c). [1991 c.858 §15; 1993 c.619 §4; 1995
c.426 §4; 1999 c.25 §6]Note: 497.124 was added to and made a part of ORS chapter 497 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. (1) In lieu of
issuing to resident persons separate licenses for angling and hunting,
the State Fish and Wildlife Commission is authorized to issue resident
annual combination angling and hunting licenses, and charge therefor a
fee of $38.
(2)(a) In lieu of issuing to resident persons separate licenses and
tags for various hunting and angling activities, the commission is
authorized to issue resident annual sportsperson’s licenses and shall
charge therefor a fee of $125. The purchaser of each such license is
authorized to engage in those hunting and angling activities for which
the following licenses and tags are required:
(A) Combination license;
(B) Black bear tag;
(C) Cougar tag;
(D) General season elk tag;
(E) General season deer tag;
(F) Upland bird stamp;
(G) Oregon migratory waterfowl stamp;
(H) Turkey tag; and
(I) Annual tag to angle for salmon, steelhead trout, sturgeon and
halibut.
(b) The holder of each sportsperson’s license who wishes to engage
in hunting or angling activities for which permits are required that are
limited by quota must participate in the process for allocation of the
permits in the same manner as all other permit applicants. However, if
the holder of a sportsperson’s license is unsuccessful in obtaining a
permit limited by quota for a particular activity, the holder will be
issued a tag valid for any general season for that species.
(c) Notwithstanding any other provision of the wildlife laws, of
the moneys received from the sale of sportsperson’s licenses:
(A) Two dollars from each such license shall be credited to the
subaccount referred to in ORS 496.242.
(B) Two dollars from each such license shall be credited to the
subaccount referred to in ORS 496.283.
(C) Twenty-five cents from each such license shall be credited to
Note: See notes under 497.121. (1) The State Fish and Wildlife
Commission may provide a means for persons to make voluntary
contributions to be used for special fish and wildlife management
programs, including programs to improve access for recreational angling.
The commission may seek voluntary contributions in conjunction with the
sale of hunting and angling licenses and tags or by such other means as
the commission considers appropriate.
(2) If the commission implements an electronic licensing system,
the commission shall provide a means for persons to make voluntary
contributions in conjunction with the sale of licenses and tags referred
to in ORS 497.121 (1). All such voluntary contributions received by the
commission may be expended only for projects for which applications are
made pursuant to ORS 496.450. [1985 c.391 §2; 1989 c.204 §1; 1999 c.25
§7; 1999 c.1006 §8] The moneys received from the
fee increases prescribed in the amendments to ORS 497.121 and 497.132 and
section 4, chapter 512, Oregon Laws 1989, and section 15, chapter 858,
Oregon Laws 1991, by sections 1 to 4, chapter 619, Oregon Laws 1993,
shall be used by the State Department of Fish and Wildlife for
recreational fishing activities, including fish hatchery production,
freshwater fish programs, groundfish sampling, fish research projects,
Oregon State Police Game Bureau enforcement, a name and address database,
and the Hatchery Maintenance Information System. [1993 c.619 §6] (1)
The State Fish and Wildlife Commission is authorized to issue, upon
application, to persons desiring to take fur-bearing mammals the
following licenses and tags and shall charge therefor the following fees:
(a) Resident annual license to trap or hunt fur-bearing mammals,
$30.
(b) Juvenile annual license to trap or hunt fur-bearing mammals,
$15.
(c) Resident annual license to hunt fur-bearing mammals, $11.
(d) Nonresident annual fur-takers license to trap or hunt
fur-bearing mammals, $175.
(e) Furbearer annual tags to take fur-bearing mammals, such amount
for each tag as the commission may prescribe, but not more than $10.
(2) The tags referred to in subsection (1)(e) of this section are
in addition to and not in lieu of the licenses referred to in subsection
(1)(c) and (d) of this section. [1973 c.723 §55; 1979 c.774 §1; 1987
c.255 §4](1) The State Fish and Wildlife Commission, by rule, shall
prescribe and administer a trapper education program to provide
instruction in the proper use of trapping equipment. The program may also
include instruction on wildlife and natural resource conservation,
firearms safety, first aid and survival and such other subjects as the
commission considers desirable to promote good outdoor conduct and
respect for the rights and property of others. The commission may
cooperate and enter into agreements with other public or private agencies
and individuals in carrying out the provisions of this section.
(2) Except as provided in subsection (3) of this section, no person
shall trap mammals with commercial fur value unless the person has in
possession a certificate issued by the commission indicating that the
person has satisfactorily completed a course in trapper education
prescribed or approved by the commission. However, the commission shall
issue the certificate automatically, without the necessity of completing
the course, to any person who has previously held a valid trapping
license issued by the commission and who is 18 years of age or older on
July 1, 1986.
(3) The certificate referred to in subsection (2) of this section
is not required of a person to trap mammals with commercial fur value on
land owned or leased by that person or a member of that person’s
immediate family.
(4) Nothing in this section is intended to prevent any person or
the persons’ agent from taking mammals with commercial fur value that are
damaging livestock or agricultural crops on lands the person owns or
leases.
(5) As used in this section, “mammals with commercial fur value”
means badger, beaver, bobcat, coyote, red fox, gray fox, marten, mink,
muskrat, nutria, opossums, raccoon, river otter, striped skunk, spotted
skunk and weasel. [1979 c.774 §4; 1985 c.467 §1](1) The State Fish and Wildlife Commission is authorized
to issue, upon application, to resident persons desiring to hunt
migratory waterfowl an annual migratory waterfowl stamp and shall charge
therefor a fee of $7.50.
(2) The stamp referred to in subsection (1) of this section is in
addition to and not in lieu of the hunting licenses required by ORS
497.102.
(3) Notwithstanding subsection (1) of this section, a migratory
waterfowl stamp is not required of a person younger than 14 years of age.
(4) ORS 497.016 to 497.026 and 497.036 apply to the stamp referred
to in subsection (1) of this section.
(5) Nothing in this section is intended to prevent nonresident
persons from purchasing resident migratory waterfowl stamps for stamp
collecting or other purposes. However, possession of a resident migratory
waterfowl stamp does not authorize a nonresident to hunt migratory
(1) The State Fish and Wildlife Commission is authorized
to issue, upon application, to resident persons desiring to hunt upland
birds an annual upland bird stamp and shall charge therefor a fee of $5.
(2) The stamp referred to in subsection (1) of this section is in
addition to and not in lieu of the hunting licenses required by ORS
497.102.
(3) Notwithstanding subsection (1) of this section, an upland bird
stamp is not required of a person younger than 14 years of age.
(4) ORS 497.016 to 497.026 and 497.036 apply to the stamp referred
to in subsection (1) of this section.
(5) Nothing in this section is intended to prevent nonresident
persons from purchasing resident upland bird stamps for stamp collecting
or other purposes. However, possession of a resident upland bird stamp
does not authorize a nonresident to hunt upland birds. [1989 c.406 §4;
1993 c.659 §23] (1) The State
Fish and Wildlife Commission is authorized to issue, upon application, to
nonresident persons desiring to hunt either migratory waterfowl or upland
birds an annual bird-waterfowl stamp and shall charge therefor a fee of
$30.
(2) The stamp referred to in subsection (1) of this section is in
addition to and not in lieu of the hunting licenses required by ORS
497.102.
(3) Notwithstanding subsection (1) of this section, a
bird-waterfowl stamp is not required of:
(a) A person younger than 14 years of age; or
(b) A nonresident hunter on a private hunting preserve who holds an
annual private hunting preserve permit issued under ORS 497.102.
(4) ORS 497.016 to 497.026 and 497.036 apply to the stamp referred
The State Fish and
Wildlife Commission shall adopt a system for renewing licenses issued
under ORS 497.102 and 497.121 through the mail and the World Wide Web.
[2001 c.559 §2]Note: 497.158 was added to and made a part of the wildlife laws by
legislative action but was not added to ORS chapter 497 or any smaller
series therein. See Preface to Oregon Revised Statutes for further
explanation.SPECIAL LICENSES
(1) Upon application of the Oregon Youth Authority or the Department of
Human Services, the State Fish and Wildlife Commission shall issue,
without fee, a license to angle for the temporary use of any person in a
state institution as defined in ORS 179.610, any student in a youth
correction facility or related camps or programs operated by the Oregon
Youth Authority, any child placed by the department and under the care of
a foster home or a private nonprofit child-caring agency certified by the
department, or any person in a department alternatives to state
hospitalization program as defined in ORS 430.630 (2)(b) or (c). The
licenses issued under this subsection shall be in bearer form and,
subject to applicable laws and regulations relating to angling, shall be
used as the authority or department directs.
(2) Upon application of the Department of Human Services, the
commission shall issue, without fee, a license to take shellfish for the
temporary use of any child placed by the department and under the care of
a foster home or a private nonprofit child-caring agency certified by the
department. The licenses issued under this subsection shall be in bearer
form and, subject to applicable laws and regulations relating to taking
shellfish, shall be used as the department directs.
(3) Upon application of the director of any veteran’s
administration hospital or domiciliary within this state, the commission
shall issue, without fee, to each hospital or domiciliary 30 licenses to
angle or to take shellfish for the temporary use of any person who is a
patient or resident in the hospital or domiciliary. The licenses issued
under this subsection shall be in bearer form and, subject to applicable
laws and regulations relating to angling and to taking shellfish, shall
be used as the director of the hospital or domiciliary provides.
[Formerly 497.840; 1977 c.492 §1; 1979 c.70 §1; 1997 c.249 §178; 1999
c.59 §162; 2001 c.900 §207; 2003 c.656 §16]
The State Fish and Wildlife Commission shall furnish a permanent hunting
and angling license, without payment of fee, to all Columbia River
Indians who are eligible to hunt and angle under the terms of the Treaty
of 1855 between the Columbia River Indians and the United States of
America. The chief authority of the Columbia River Indians shall furnish
from time to time to the commission a list of all Indians who have become
eligible, and shall certify under oath that the Indians named in the list
are included in the terms of the treaty. [Amended by 1973 c.723 §56]OCCUPATIONAL LICENSES, REQUIREMENTS AND FEES (1) No person shall engage in
the business of buying the skins or pelts of any fur-bearing mammal
unless the person has first obtained from the State Fish and Wildlife
Commission a fur dealer license.
(2) Every fur dealer shall maintain a record of transactions
involving the skins or pelts of fur-bearing mammals. The record shall be
in such form and contain such information as the commission, by rule,
prescribes to accurately indicate the date, type and number of skins or
pelts received and the name and address of the person with whom such
transaction was made. [1973 c.723 §60](1) No person shall engage in the business of propagating
game birds or game mammals for sale unless a wildlife propagation license
is first obtained from the State Department of Fish and Wildlife.
(2) The State Fish and Wildlife Commission may refuse to issue a
license to an applicant if the commission finds that the conduct of the
wildlife propagation business would tend to be harmful to existing
wildlife populations.
(3) The commission, by rule, may prescribe requirements for the
care, inspection, transportation and the sale, taking or other
disposition of the game birds or game mammals and for such record keeping
and reporting procedures as will insure that the propagation activities
are conducted in such manner as will not be harmful to existing wildlife
populations. [1973 c.723 §61; 1987 c.139 §1] (1) No person shall engage in
the business of taxidermy unless the person first obtains from the State
Fish and Wildlife Commission a taxidermist license.
(2) Every licensed taxidermist shall maintain a record of the
taxidermy work the person performs. The record shall be in such form and
contain such information as the commission, by rule, prescribes to
accurately indicate the date, type and number of wildlife species
received for taxidermy work and the name and address of the persons from
whom the wildlife species were received. [1973 c.723 §62](1) No person shall engage in the business of
operating a private hunting preserve for the hunting of privately owned
or propagated game birds unless the person first obtains from the State
Fish and Wildlife Commission a private hunting preserve license.
(2) The commission shall issue a private hunting preserve license
to an applicant therefor if the commission finds that the operation of
the preserve will meet the following requirements:
(a) The preserve is on one continuous tract of land owned by the
applicant or leased by the applicant and contains:
(A) Not more than 640 acres, if the preserve is located in the area
west of the summit of the Cascade Mountains; or
(B) Not more than 1,280 acres, if the preserve is located in the
area east of the summit of the Cascade Mountains.
(b) The preserve is located at least one-half mile from any other
licensed private hunting preserve.
(c) No portion of the preserve is located closer than one-half mile
to any park, wilderness area, refuge or wildlife management area operated
by any agency of the state or federal government.
(d) The exterior boundaries of the preserve are clearly defined and
posted with signs erected around the extremity at intervals of 1,320 feet
or less. The signs shall comply with requirements prescribed by the State
Department of Fish and Wildlife.
(e) The applicant has facilities to propagate or hold not less than
500 of each wildlife species to be released for hunting.
(f) The applicant will not prevent or attempt to prevent public
hunting on lands adjacent to the preserve.
(3)(a) The commission, by rule, shall prescribe the time, manner
and place of hunting on private preserves, the wildlife species to be
hunted, requirements for the care and marking of wildlife raised on the
preserve, the release of wildlife received from another state, the
procedures for marking indigenous wildlife incidentally taken on the
preserve and the fees therefor, and record keeping and reporting
procedures.
(b) Pursuant to paragraph (a) of this subsection, the commission
shall:
(A) Allow private hunting preserve operators to use plastic poultry
leg bands for marking wildlife species to be released for hunting.
(B) Allow the transportation of game birds killed on a private
hunting preserve if the birds are cleaned, wrapped, packaged and
accompanied by a transportation form from the preserve that states the
number and sex of the birds being transported.
(C) Require private hunting preserve operators to have at least 10
resident private hunting preserve permits, 10 nonresident private hunting
preserve permits and 10 wild bird seals. This requirement shall apply to
each operator, regardless of the number of preserves operated by that
person.
(4) No person shall hunt on a private hunting preserve unless the
person first obtains from the commission a hunting license or a private
hunting preserve permit. [1973 c.723 §63; 1999 c.667 §4; 2001 c.151 §1;
2001 c.161 §1; 2003 c.616 §1](1) In addition to the penalties provided in ORS 496.992, the
State Department of Fish and Wildlife may revoke or refuse to renew a
license issued under ORS 497.248 if the operator fails to comply with any
provision of ORS 497.248 or any rule adopted by the State Fish and
Wildlife Commission in relation to the operation of private hunting
preserves.
(2) A new license may not be issued to a person whose license has
been revoked unless it appears to the satisfaction of the department that
the person will comply with the provisions of ORS 497.248 and the rules
adopted by the commission in relation to the operation of private hunting
preserves.
(3) Notwithstanding subsection (1) of this section, the department
may not revoke a license for a first violation.
(4) Prior to revoking or refusing to renew a license, the
department shall serve written notice, in the manner prescribed for
contested case proceedings pursuant to ORS 183.415, on the operator of
the private hunting preserve, ordering the operator to:
(a) Notify the department within 30 days of the service of the
notice if the operator seeks a review of the proposed revocation or
refusal to renew the license in the manner provided for contested case
proceedings in ORS 183.413 to 183.470; and
(b) Set forth in any notification under paragraph (a) of this
subsection the operator’s reasons why the license should be renewed or
not be revoked.
(5) At the conclusion of a contested case proceeding conducted by
the department pursuant to subsection (4) of this section, an operator
may petition the commission for a review of the determination by the
department. [2001 c.151 §3]Note: 497.249 was added to and made a part of the wildlife laws by
legislative action but was not added to ORS chapter 497 or any smaller
series therein. See Preface to Oregon Revised Statutes for further
explanation.(1) Except as provided in ORS
508.700 to 508.745 and 622.220, no person shall engage in the business of
propagating game fish or food fish for sale unless a fish propagation
license is first obtained from the State Department of Fish and Wildlife.
(2) The State Fish and Wildlife Commission may refuse to issue a
license to an applicant if the commission finds that the conduct of the
fish propagation business would tend to be harmful to existing game fish
or food fish populations.
(3) The commission, by rule, may prescribe requirements for the
care, inspection, transportation and the sale, taking or other
disposition of the game fish or food fish, and for such record keeping
and reporting procedures as will insure that the propagation activities
are conducted in such manner as will not be harmful to existing game fish
or food fish populations.
(4) Persons propagating the following food fish under the license
prescribed in subsection (1) of this section are exempt from the
licensing provisions of ORS 508.025 and 508.035:
(a) Food fish raised entirely in, then harvested from facilities
which are enclosed or designed to prevent escape and from which the fish
are not released for natural rearing.
(b) Food fish harvested from the wild under licenses prescribed in
ORS 508.025 and 508.035 and on which the appropriate fee has been paid at
the time holding or rearing commences in the licensed fish propagation
facility.
(5) As used in this section, food fish has the meaning as defined
in ORS 506.011. [1987 c.139 §3; 1991 c.701 §16] The State Department of Fish and Wildlife is
authorized to issue, upon application, to persons desiring to engage in
the following occupations the following licenses and shall charge
therefor the following fees:
(1) Resident annual fur dealer license, $10.
(2) Resident annual taxidermist license, $5.
(3) Resident annual wildlife propagation license, $5.
(4) Resident annual fish propagation license, $25.
(5) Resident annual private hunting preserve license, $100. [1973
c.723 §54; 1979 c.615 §3; 1985 c.565 §79; 1987 c.139 §4] The holder of any
license issued pursuant to ORS 497.218 to 497.248 shall consent to the
inspection by any person authorized to enforce the wildlife laws of any
such license and any records the holder is required to keep by the
wildlife laws or any rule promulgated pursuant thereto. [1973 c.723 §64]SPECIAL PERMITS (1) Any person desiring to
take wildlife for scientific purposes shall first obtain from the State
Fish and Wildlife Commission a scientific taking permit. The commission,
by rule, shall prescribe a procedure for applying for permits and the
form thereof, and shall prescribe the terms and conditions of taking
wildlife under the permit to insure that wildlife taken pursuant to the
permit will be used only for scientific purposes.
(2) No person who holds a scientific taking permit shall violate
any of the terms or conditions of the permit.
(3) As used in this section, “scientific purposes” means the study
or examination of wildlife for the acquisition of knowledge thereof.
[1973 c.723 §65] (1) No
person shall remove from its natural habitat or acquire and hold in
captivity any live wildlife in violation of the wildlife laws or of any
rule promulgated pursuant thereto.
(2) The State Fish and Wildlife Commission may promulgate rules to
carry out the provisions of subsection (1) of this section that include
but are not limited to:
(a) Providing for the issuance and form of permits for the holding
or removal from habitat of wildlife.
(b) Prescribing the wildlife species for which holding or habitat
removal permits are required.
(c) Prescribing the terms and conditions of holding wildlife and
removing wildlife from habitat to insure the humane care and treatment of
the wildlife.
(3) No person to whom a wildlife holding or removal from habitat
permit has been issued shall violate any of the terms or conditions
thereof. [1973 c.723 §66] (1) Any rules
promulgated by the State Fish and Wildlife Commission pursuant to ORS
497.308 that authorize the acquisition and holding in captivity of a
coyote must require, among other matters:
(a) That the holder of the permit obtain for the animal rabies
inoculations;
(b) That the animal must at all times wear an identification tag
issued by the commission;
(c) That the holder of the permit notify the commission upon the
death or the sale, transfer, removal from the state or other disposition
of the animal;
(d) That the holder of the permit not abandon the animal; and
(e) That the holder of the permit cause the animal to be neutered.
(2) The holder of a permit referred to in subsection (1) of this
section is subject to the same liability and other requirements of ORS
609.135 to 609.190 as provided for dogs.
(3) The holder of any permit referred to in subsection (1) of this
section shall at all times be able to demonstrate to the satisfaction of
the commission that the holder has physical custody of the animal or
evidence of the death or other disposition of the animal in compliance
with the provisions of this section and ORS 497.308.
(4) Nothing in this section or in ORS 497.308 authorizes the
acquisition and holding in captivity of any coyote not held in captivity
at the State Fish and Wildlife Facility at Pendleton before September 10,
1976, or held pursuant to a scientific taking permit issued pursuant to
ORS 497.298. [1977 c.247 §2]In accordance with any applicable provision of
ORS chapter 183, the State Fish and Wildlife Commission may revoke a
permit issued pursuant to ORS 497.298 or 497.308 if the commission
determines that the holder of the permit has violated any of the terms or
conditions thereof. Revocation of a permit is in addition to and not in
lieu of any other penalty provided by law for violation of the terms or
conditions of the permit. [1973 c.723 §67](1) No person shall remove the eggs from those members of the
family Acipenseridae, commonly known as green sturgeon or white sturgeon,
for use in artificial propagation without first obtaining a permit
therefor from the State Fish and Wildlife Commission.
(2) No person shall operate a fish hatchery for those members of
the family Acipenseridae, commonly known as green sturgeon or white
sturgeon, without first obtaining a permit therefor from the commission.
(3) The commission shall not issue any permit required by
subsection (1) or (2) of this section unless the commission determines
that activities conducted under the permit will be solely for educational
and scientific purposes. Any permit issued pursuant to this section shall
be subject to such terms and conditions as the commission considers
appropriate to protect, perpetuate and enhance the sturgeon population of
the Columbia River and other waters of this state. [1989 c.1038 §2]Notwithstanding any other provision of this chapter:
(1) The State Fish and Wildlife Commission shall not issue any new
permit required by ORS 497.325 until after January 1, 1992.
(2) All permits issued prior to October 3, 1989, for sturgeon
hatchery operation or sturgeon egg propagation under which no activity
has taken place prior to October 3, 1989, are canceled.
(3) Existing permits may be continued under existing conditions.
[1989 c.1038 §3]JUVENILE RESTRICTIONS (1) No person younger than
12 years of age shall hunt antelope, black bear, cougar, deer, elk,
mountain goat, mountain sheep or moose.
(2) No person younger than 14 years of age shall hunt with a
firearm or bow and arrow unless the person is accompanied by an adult, or
is hunting on land owned by the parent or legal guardian of the person.
[1973 c.723 §68] (1) No
person younger than 18 years of age shall hunt wildlife, except on the
person’s own land or land owned by the parent or legal guardian of the
person, unless the person has in possession a certificate, issued by the
State Fish and Wildlife Commission or by an agency of another state,
stating that the person has satisfactorily completed a course prescribed
or approved by the commission in the safe handling of lawful hunting
weapons.
(2) The commission, by rule, shall prescribe and administer a
hunter safety training program to provide instruction in the safe
handling of lawful hunting weapons. The program may also include
instruction on wildlife and natural resource conservation, first aid and
survival and such other subjects as the commission considers desirable to
promote good outdoor conduct and respect for the rights and property of
others. The commission may cooperate and enter into agreements with other
public or private agencies and individuals in carrying out the provisions
of this subsection. The Department of State Police and the Department of
Education are directed to cooperate with the commission in carrying out
the provisions of this section. [1973 c.723 §69]LICENSE VIOLATIONS AND PENALTIES No person shall:
(1) Apply for, obtain or possess for personal use or for the use of
any other person more licenses, tags or permits issued by the State Fish
and Wildlife Commission than are authorized for personal use during the
current year by the wildlife laws and rules promulgated pursuant thereto.
(2) Alter, borrow, loan or transfer to another person any license,
tag or permit issued by the commission.
(3) In applying for a license, tag or permit issued by the
commission, knowingly make any false statement of any information
required by the application regarding the person in whose name the
license, tag or permit is to be issued.
(4) Possess any license, tag or permit that has been altered,
borrowed, loaned or transferred or for which any false statements were
knowingly made in applying therefor.
(5) Apply for or obtain any license, tag or permit issued by the
commission when civil damages due pursuant to ORS 496.705 or when moneys
due the State Department of Fish and Wildlife from court-ordered
restitutions for violations of the wildlife laws have not been paid.
[1973 c.723 §70; 1981 c.108 §2; 1987 c.213 §3](1) Except as
provided in ORS 497.435, when any person is convicted of a violation of
law or any rule adopted pursuant thereto or otherwise fails to comply
with the requirements of a citation in connection with such violation as
provided in subsection (2) of this section, the court may order the State
Fish and Wildlife Commission to revoke such of the licenses, tags and
permits issued to that person pursuant to the wildlife laws as the court
considers appropriate. Revocation of licenses, tags and permits is in
addition to and not in lieu of other penalties provided by law.
(2) The license, tag and permit revocation provisions of subsection
(1) of this section apply to the following persons:
(a) Any person who is convicted of a violation of the wildlife
laws, or any rule adopted pursuant thereto, or who otherwise fails to
comply with the requirements of a citation in connection with any such
offense when the base fine amount for the offense is $50 or more.
(b) Any person who is convicted of a violation of ORS 164.245,
164.255, 164.265, 164.345, 164.354 or 164.365 committed while the person
was angling, taking shellfish, hunting or trapping or who otherwise fails
to comply with the requirements of a citation in connection with any such
offense when the base fine amount for the offense is $50 or more.
(c) Any person who is convicted of a violation of ORS 166.630 or
166.638 committed while hunting or who otherwise fails to comply with the
requirements of a citation in connection with any such offense when the
base fine amount for the offense is $50 or more.
(3) When a court orders the revocation of a license, tag or permit
pursuant to this section or ORS 497.435, the court shall take up any such
licenses, tags and permits and forward them, together with a copy of the
revocation order, to the commission. Upon receipt thereof, the commission
shall cause revocation of the appropriate licenses, tags and permits in
accordance with the court order.
(4) For purposes of the Wildlife Violator Compact, the commission
shall:
(a) Suspend a violator’s license for failure to comply with the
terms of a citation from a party state. A copy of a report of failure to
comply from the licensing authority of the issuing state shall be
conclusive evidence.
(b) Revoke a violator’s license for a conviction in a party state.
A report of conviction from the licensing authority of the issuing state
shall be conclusive evidence.
(5) No person who has had a license, tag or permit revoked pursuant
to this section for the first time shall apply for or obtain another such
license, tag or permit for the period of 24 months from the date the
court ordered the revocation. Upon having a license, tag or permit
revoked for a second time pursuant to this section, no person shall apply
for or obtain another such license, tag or permit for the period of three
years. Upon having a license, tag or permit revoked for a third or
subsequent time pursuant to this section, no person shall apply for or
obtain another such license, tag or permit for the period of five years.
(6) If a person convicted of conduct described in subsection (2) of
this section does not possess at the time of conviction those licenses,
tags and permits issued pursuant to the wildlife laws that the court
would have revoked pursuant to this section, the court shall specify by
order those licenses, tags and permits that would have been revoked and
shall forward a copy of the order to the commission. No person who is the
subject of such a court order shall apply for, possess or obtain another
such license, tag or permit for the period of 24 months from the date of
the order. Upon being the subject of a court order under this subsection
for a second time, no person shall apply for or obtain another such
license, tag or permit for the period of three years. Upon being the
subject of a court order under this subsection for a third or subsequent
time, no person shall apply for or obtain another such license, tag or
permit for the period of five years. [1973 c.723 §71; 1975 c.578 §4; 1977
c.350 §4; 1979 c.603 §3; 1981 c.900 §2; 1981 c.901 §3; 1983 c.740 §203;
1989 c.1056 §3; 1999 c.1051 §273; 2003 c.656 §9](1) Notwithstanding ORS 497.415 (1), (2) or (5),
when a person is convicted of taking any game mammal, in violation of the
wildlife laws or any rule promulgated pursuant thereto, during a season
or time of year other than as set forth in the finding of the State Fish
and Wildlife Commission provided in ORS 496.162, the court in which the
conviction occurs shall order the commission to revoke all hunting
licenses, tags and permits issued to that person pursuant to the wildlife
laws. Revocation of licenses, tags and permits is in addition to and not
in lieu of other penalties provided by law.
(2) No person who has been convicted of conduct described in
subsection (1) of this section shall apply for, obtain or possess any
hunting license, tag or permit issued pursuant to the wildlife laws
within 24 months after the conviction. [1975 c.578 §2; 1977 c.350 §5;
1989 c.1056 §4]No person who has had a license, tag or permit revoked
pursuant to ORS 497.415 or 497.435 shall engage in the activity for which
the license, tag or permit is required:
(1) During the remainder of the period for which the license, tag
or permit was issued; or
(2) During the period for which the person is prohibited by law
from applying for or obtaining another such license, tag or permit. [1981
c.86 §2]
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