USA Statutes : oregon
Title : TITLE 41 WILDLIFE
Chapter : Chapter 498 Hunting, Angling and Trapping Regulations;
(1) Wildlife
is the property of the state. No person shall angle for, take, hunt, trap
or possess, or assist another in angling for, taking, hunting, trapping
or possessing any wildlife in violation of the wildlife laws or of any
rule promulgated pursuant thereto.

(2) No person shall angle for, take, hunt or trap, or assist
another in angling for, taking, hunting or trapping any wildlife while
intentionally violating ORS 164.245 to 164.270 or 498.120. [1973 c.723
§73; 1993 c.440 §1; 2003 c.656 §10]


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


(1) Nothing in the wildlife laws is intended
to prevent any person from taking any wildlife that is causing damage, is
a public nuisance or poses a public health risk on land that the person
owns or lawfully occupies. However, no person shall take, pursuant to
this subsection, at a time or under circumstances when such taking is
prohibited by the State Fish and Wildlife Commission, any game mammal or
game bird, fur-bearing mammal or nongame wildlife species, unless the
person first obtains a permit for such taking from the commission.

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

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

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

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

(a) The date of issuance of the authorization;

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

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

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

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

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

(6) As used in this section:

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

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

(c) “Public nuisance” means loss of or harm inflicted on gardens,
ornamental plants, ornamental trees, pets, vehicles, boats, structures or
other personal property. [1973 c.723 §75; 1977 c.136 §2; 1979 c.399 §3;
1985 c.332 §1; 1985 c.489 §1a; 1999 c.531 §1; 2003 c.248 §1] Nothing in the
wildlife laws is intended to prohibit any person from killing any
crippled or helpless wildlife when the killing is done for a humane
purpose. Any person so killing any wildlife shall immediately report such
killing to a person authorized to enforce the wildlife laws, and shall
dispose of the wildlife in such manner as the State Fish and Wildlife
Commission directs. [1973 c.723 §76](1) If the State Fish
and Wildlife Commission, pursuant to its authority under ORS 498.022,
establishes a license for the purchase of deer, elk and antelope hides
and antlers, any person holding such license shall also be authorized to
purchase, sell or exchange, or offer to purchase, sell or exchange, the
hooves, dewclaws and sinews of deer, elk and antelope.

(2) A licensee under subsection (1) of this section shall maintain
a record of transactions involving specimens of deer, elk or antelope.
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 specimens received and the name and address of the person with
whom such transaction was made. [1995 c.711 §2] Except
as the State Fish and Wildlife Commission by rule may provide otherwise,
no person shall purchase, sell or exchange, or offer to purchase, sell or
exchange any wildlife, or any part thereof. [1973 c.723 §77](1) Except as provided in subsection (2) of this section, no
person shall take, import, export, transport, purchase or sell, or
attempt to take, import, export, transport, purchase or sell, any
threatened species or endangered species, or the skin, hides or other
parts thereof, or any article made in whole or in part from the skin,
hide or other parts of any threatened species or endangered species.

(2) Nothing in subsection (1) of this section is intended to
prevent the taking, importation, transportation or sale of any threatened
species or endangered species in such manner as may be authorized in ORS
496.172, 497.218 to 497.238, 497.298 or 497.308.

(3) Nothing in this section applies to the resale of used skins,
hides or other parts of a threatened species or endangered species or an
article made in whole or part thereof if the seller acquired the item
sold prior to October 5, 1973. [1973 c.425 §2; 1977 c.242 §1; 1987 c.686
§6](1) No person shall offer for sale, trade, barter
or exchange as a household pet any fox, skunk or raccoon.

(2) An animal specified in subsection (1) of this section may be
offered for sale, trade, barter or exchange to a public park, zoo, museum
or educational institution for educational, medical, scientific or
exhibition purposes if the organization possesses a permit from the State
Fish and Wildlife Commission. The commission may refuse to issue a permit
if the commission finds that the organization requesting the permit does
not have physical facilities adequate to maintain the animal in health
and safety and to prevent the escape of the animal from confinement.
[1979 c.560 §2]No person shall angle for or hunt, or
offer to angle for or hunt, for compensation, any wildlife in violation
of any provision of the wildlife laws or any rule promulgated pursuant
thereto. [1973 c.723 §78]Except as the State Fish and Wildlife Commission by rule may
provide otherwise, no person shall possess in the field or forest, or in
transit from the field or forest, the carcass of any wildlife that has
been skinned, plucked or mutilated in any manner so that the sex, size or
species of the wildlife cannot be determined. [1973 c.723 §79](1) No person shall remove from the carcass of any game
mammal or game bird, the head, antlers, horns, hide or plumage, and
utilize only those parts so removed, except:

(a) When engaged in lawful trapping activities.

(b) When utilizing those game mammals or game birds that the State
Fish and Wildlife Commission by rule declares to be inedible.

(2) No person shall waste any edible portion of any game mammal,
game bird or game fish or the pelt of any fur-bearing mammal. [1973 c.723
§80]
No person shall place any toxic substance where it is accessible to
wildlife unless the substance used and the method of application is
approved by the state governmental agencies having authority to prescribe
or implement environmental control programs. [1973 c.723 §81]No person shall release within this state any
domestically raised wildlife or wildlife brought to this state from any
place outside this state unless the person first obtains a permit
therefor from the State Fish and Wildlife Commission. [1973 c.723 §82] No
person who is the occupant of a motor vehicle that is moving on a road
open to the public shall aim a rifle or other firearm from the motor
vehicle at a time when the hunting of wildlife is lawful. [1993 c.440 §4]HUNTING AND TRAPPING RESTRICTIONS (1) Any
dog that is not wearing a collar with a license number thereon in
compliance with ORS 609.100 that is found unlawfully hunting, running or
tracking any game mammal or game bird may be killed at such time by any
person authorized to enforce the wildlife laws.

(2) If a dog that is found unlawfully hunting, running or tracking
any game mammal or game bird is wearing a collar with a license number
thereon in compliance with ORS 609.100, the owner of the dog shall be
notified by any person authorized to enforce the wildlife laws. If the
owner or reputed owner of the dog disclaims ownership of the dog, the dog
may be killed at such time by a person authorized to enforce the wildlife
laws.

(3) If the owner of a dog has been notified that the dog has been
found unlawfully hunting, running or tracking game mammals or game birds
and thereafter fails to prevent the dog from unlawfully hunting, running
or tracking game mammals or game birds, such dog may be killed by any
person authorized to enforce the wildlife laws.

(4) No person shall permit any dog the person owns to unlawfully
hunt, run or track any game mammal or game bird. [1973 c.723 §84] Competitive
field trials for hunting dogs may be held at such times and places and
under such conditions as the State Fish and Wildlife Commission may
prescribe by rule. [1973 c.723 §85] No
person shall use any live bird as a target for the purpose of competitive
shooting. [1973 c.723 §86] (1) No
person shall hunt upon the cultivated or enclosed land of another without
first obtaining permission from the owner or lawful occupant thereof, or
the agent of such owner or occupant. No prosecution shall be commenced
under this section except upon written complaint filed with a magistrate.
The complaint shall be verified by the oath of the owner or lawful
occupant of the cultivated or enclosed land, or the agent of such owner
or occupant.

(2) For the purpose of subsection (1) of this section, the
boundaries of “enclosed” land may be indicated by wire, ditch, hedge,
fence, water or by any visible or distinctive lines that indicate a
separation from the surrounding or contiguous territory, and includes the
established and posted boundaries of Indian reservations established by
treaties of the United States and the various Indian tribes. [Amended by
1959 c.318 §1; 1971 c.580 §1; 1973 c.723 §83](1) A person may not:

(a) Hunt game mammals or game birds from or with the aid of an
aircraft.

(b) Transmit from an aircraft to a person not in the aircraft
information regarding the location of any game mammals or game birds.

(c) Otherwise use an aircraft to assist another person in hunting
or locating game mammals or game birds for the purpose of hunting.

(2) A person may not hunt any game mammal within eight hours after
having been transported by aircraft to or from any place other than a
recognized airport that the Oregon Department of Aviation has licensed as
a public use airport, registered as a personal use airport or
specifically exempted from licensing or registration.

(3) Every pilot shall maintain a log book that shows the names and
addresses of record of the persons transported, point of departure, point
of destination, time and date of each flight that the pilot makes in an
aircraft within this state to transport a person to or from any place to
hunt. The log book is subject to inspection by any person authorized to
enforce the wildlife laws.

(4)(a) Notwithstanding subsections (1) to (3) of this section, and
except as provided in subsection (5) of this section, the State
Department of Fish and Wildlife, or its agents, may conduct wildlife
management activities necessary for scientific research or, in emergency
situations, to protect human safety, wildlife species or property by:

(A) Hunting game mammals or game birds from or with the aid of an
aircraft; or

(B) Transmitting from an aircraft information regarding the
location of any game mammal or game bird.

(b) The State Fish and Wildlife Commission shall define by rule the
terms “emergency situations” and “necessary” for purposes of
implementation of this section.

(5) If the definition of “game mammal” in ORS 496.004 is modified
to include wolves, then the department may conduct wolf management
activities under this section only under a statewide wolf management plan
adopted by the commission. [1973 c.723 §87; 1987 c.277 §1; 1989 c.448 §1;
1999 c.935 §30; 2003 c.566 §1; 2003 c.762 §1] (1)
Except as provided in subsection (2) of this section, no person shall
hunt wildlife from a motor-propelled vehicle.

(2) The State Fish and Wildlife Commission, by rule, may authorize
hunting from a motor-propelled vehicle by a person with a disability or
for the purpose of alleviating damage by wildlife to other resources.

(3) Nothing in the wildlife laws, or rules adopted pursuant
thereto, is intended to prohibit the able-bodied companion of a person
with a disability who is lawfully hunting from a motor-propelled vehicle
from killing an animal wounded by the disabled person and applying
thereto the tag issued to such disabled person for the taking of such an
animal, even if that able-bodied person has already validated any tag
required for the taking of such an animal. [1973 c.723 §88; 1987 c.292
§1; 1999 c.25 §8] (1) Except
as provided in subsection (2) of this section, no person shall hunt
wildlife with the aid of any artificial light.

(2) The State Fish and Wildlife Commission, by rule, may authorize
hunting with the aid of an artificial light for the purpose of taking
raccoon, opossum or bobcat or to alleviate damage by wildlife to other
resources. [1973 c.723 §88a; 1977 c.136 §3](1) No person shall cast from a motor vehicle or from
within 500 feet of a motor vehicle an artificial light upon any game
mammal, predatory animal or livestock while there is in the possession or
in the immediate physical presence of the person a weapon with which the
game mammal, predatory animal or livestock could be killed.

(2) Subsection (1) of this section does not apply to a person who
casts artificial light upon a game mammal, predatory animal or livestock:

(a) From the headlights of a motor vehicle that is being operated
on a road in the usual manner, if that person makes no attempt to kill
the game mammal or livestock; or

(b) When the weapon that person has in the possession or immediate
physical presence of the person is disassembled or stored, or in the
trunk or storage compartment of a motor vehicle; or

(c) On land owned or lawfully occupied by that person; or

(d) On publicly owned land when that person has an agreement with
the public body to use that property.

(3) As used in this section, “predatory animal” has the meaning for
that term provided in ORS 610.002. [1973 c.542 §2; 1975 c.791 §2](1) The State Fish and Wildlife Commission may enter into
agreements with the owners or lawful possessors of land to restrict the
operation or parking of motor-propelled vehicles on the land when the
commission determines that such operation or parking is damaging wildlife
or wildlife habitat.

(2) An agreement shall restrict the types and uses of
motor-propelled vehicles on the land and shall specify the times and
places that such restrictions apply.

(3) The commission shall cause notice of the restrictions,
including the effective date thereof, to be posted on the main traveled
roads entering the area to which the restrictions apply.

(4) Nothing in this section authorizes the establishment of any
restrictions that impede normal forest or range management operations.
[1973 c.723 §89; 1987 c.798 §1](1) A person who operates or parks a
motor-propelled vehicle in violation of restrictions established and
posted under ORS 498.152 commits an offense punishable as provided in ORS
496.992.

(2) Except as otherwise provided in subsection (1) of this section,
a person who is the owner of an unattended motor-propelled vehicle parked
in violation of restrictions established and posted under ORS 498.152 is
guilty of a Class A violation without regard to culpable mental state.

(3) It is an affirmative defense to a prosecution under subsection
(2) of this section that the use of the vehicle was not authorized by the
owner, either expressly or by implication. [1987 c.798 §3; 1999 c.1051
§194](1) In all prosecutions under ORS 498.153 (2), it shall be
sufficient for a police officer to charge the defendant by an unsworn
written notice if the notice clearly states:

(a) The date, place and nature of the charge.

(b) The time and place for defendant’s appearance in court.

(c) The name of the issuing officer.

(d) The license number of the vehicle.

(2) The notice provided for in subsection (1) of this section shall
either be delivered to the defendant or placed in a conspicuous place
upon the vehicle involved in the violation. A duplicate original of the
notice shall serve as the complaint in the case when it is filed with the
court. The issuing officer need not have observed the act of parking, but
need only have observed that the vehicle appeared to be parked in
violation of restrictions established and posted under ORS 498.152.

(3) A circuit court and a justice court have concurrent
jurisdiction over the offenses described in ORS 498.153 committed within
the county. [1987 c.798 §4; 1995 c.658 §108] If a vehicle owner
cited under ORS 498.154 to appear in a circuit or justice court upon an
alleged parking offense fails to appear on or before the date and time
stated on the citation, the court and the Department of Transportation
may take such actions as are otherwise authorized by law under the Oregon
Vehicle Code in the case of a failure to appear, except that in no case
may a warrant of arrest be issued nor a criminal prosecution for failure
to appear be commenced unless the citing or prosecuting authority, more
than 10 days prior thereto, has sent a letter to the registered owner at
the address shown upon the vehicle registration records of the department
advising such owner of the charge pending and informing the owner that
the owner may be subject to arrest if the owner does not appear in the
court within 10 days to answer the charge. The letter must be sent by
certified mail, restricted delivery, return receipt requested. A warrant
of arrest may not be issued, nor a criminal prosecution for failure to
appear be commenced if such a letter has not been sent or if the owner
appears in court to answer the charge within 10 days after receiving the
letter. [1987 c.798 §5; 1993 c.741 §69; 1995 c.658 §109; 1999 c.1051 §274](1) Except as provided in ORS 448.305 and in
subsection (2) of this section, no person shall hunt or trap any wildlife
within the boundaries of any city, public park, cemetery or on any school
lands.

(2) No hunting or trapping shall be allowed on any lands within the
boundaries of any city, public park or on any school lands unless:

(a) The governing body or other agency that administers the affairs
of the city, public park or school, after notice and hearing, authorizes
such hunting or trapping by ordinance or resolution; and

(b) The State Fish and Wildlife Commission, after notice and
hearing, determines that such hunting or trapping would not adversely
affect public safety or unreasonably interfere with other authorized uses
of such lands. [1973 c.723 §90](1) Except as provided in
subsections (2) and (3) of this section, a person may not use bait to
attract or take black bears or use one or more dogs to hunt or pursue
black bears or cougars.

(2) Nothing in subsection (1) of this section prohibits the use of
bait or one or more dogs by employees or agents of county, state, or
federal agencies while acting in their official capacities.

(3) Nothing in subsection (1) of this section prohibits the use of
bait or dogs by persons for the taking of black bears or cougars in
accordance with the provisions of ORS 498.012 relating to taking wildlife
that is causing damage.

(4) Any person who violates subsection (1) of this section commits
a Class A misdemeanor and, upon conviction, shall in addition to
appropriate criminal penalties have his or her privilege to apply for any
hunting license suspended for a period of five years for a first offense
and permanently suspended for any subsequent offense.

(5) For the purposes of this section, “bait” means any material
placed for the purpose of attracting or attempting to attract bears.
[1995 c.4 §1; 2003 c.248 §2]Note: 498.164 was adopted by the people by initiative petition but
was not added to or made a part of ORS chapter 498 or any series therein.
See Preface to Oregon Revised Statutes for further explanation. (1)
Notwithstanding the licensing and tag requirements of ORS 497.102 and
497.112, a person may take a cougar or bear that poses a threat to human
safety.

(2) Any person who takes a cougar or bear pursuant to subsection
(1) of this section shall immediately report the taking to a person
authorized to enforce the wildlife laws and shall dispose of the animal
in such manner as the State Fish and Wildlife Commission directs.

(3) Any regional office of the State Department of Fish and
Wildlife ordering the disposal of an animal under subsection (2) of this
section shall file a report with the State Fish and Wildlife Director
within 30 days after the disposal. The report shall include but need not
be limited to the disposition of the animal, the events leading to the
taking of the animal and any injury caused by the animal to humans or
domesticated animals. The director shall compile all reports received
under this subsection on a bimonthly basis. The reports compiled by the
director shall be available to the public upon request.

(4) As used in this section:

(a) “Structure” includes a building being used as a residence, a
building located on land actively used for agricultural, timber
management, ranching or construction purposes or a building used as part
of a business.

(b) “Threat to human safety” means the exhibition by a cougar or
bear of one or more of the following behaviors:

(A) Aggressive actions directed toward a person or persons,
including but not limited to charging, false charging, growling, teeth
popping and snarling.

(B) Breaking into, or attempting to break into, a residence.

(C) Attacking a pet or domestic animal as defined in ORS 167.310.

(D) Loss of wariness of humans, displayed through repeated
sightings of the animal during the day near a permanent structure,
permanent corral or mobile dwelling used by humans at an agricultural,
timber management, ranching or construction site. [2001 c.431 §2]Note: 498.166 was added to and made a part of the wildlife laws by
legislative action but was not added to ORS chapter 498 or any smaller
series therein. See Preface to Oregon Revised Statutes for further
explanation. (1) A person who is not visually
impaired and who accompanies a hunter who possesses a visually impaired
hunter license may:

(a) Assist the hunter in selecting a game animal or bird;

(b) Assist the aiming or sighting of a firearm;

(c) Advise the hunter when to fire a firearm;

(d) Shoot a game animal or bird on behalf of the hunter while in
the immediate presence of the hunter; and

(e) Tag and retrieve game animals and birds on behalf of the hunter.

(2) The person accompanying a hunter who is visually impaired shall
be required to possess a valid hunting license. The person accompanying a
visually impaired hunter may also hunt game animals or birds if the
person possesses the appropriate tags, permits and stamps for the area
and time period.

(3) A hunter who possesses a visually impaired hunter license must
comply with all other tag, permit and stamp requirements of the State
Fish and Wildlife Commission and applicable hunting laws.

(4) As used in this section, “visually impaired hunter” means a
person who files proof with the commission that the person’s central
visual acuity does not exceed 20/200 in the better eye with best
correction or that the person’s visual acuity, if better than 20/200, is
accompanied by a limit to the field of vision to such a degree that its
widest diameter subtends an angle of no greater than 20 degrees. [1997
c.407 §1]Note: 498.170 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 498 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) A person holding a license
issued under ORS 497.142 may not set a trap for fur-bearing mammals
without checking the trap at least once during each 48-hour period.

(2) A person may not set a trap for a predatory animal, as defined
in ORS 610.002, without checking the trap on a regular basis. [2001 c.562
§2]Note: 498.172 was added to and made a part of the wildlife laws by
legislative action but was not added to ORS chapter 498 or any smaller
series therein. See Preface to Oregon Revised Statutes for further
explanation.ANGLING RESTRICTIONS; FISH PROTECTIVE PROVISIONS(1) Except as the State Fish and Wildlife Commission
by rule may provide otherwise, no person shall:

(a) Use in any body of water any electric current that may attract,
frighten, retard, stun, kill or obstruct the movement of any game fish.

(b) Place in any body of water any foreign substance such as blood
or fish offal or any gas, chemical, drug or powder that may attract,
frighten, retard, stun, kill or obstruct the movement of any game fish.

(c) Use in any body of water any explosive device for the purpose
of taking game fish.

(2) No person shall possess any game fish that the person knows or
has reason to know was taken in violation of subsection (1) of this
section. [1973 c.723 §92] Except as the
State Fish and Wildlife Commission by rule may provide otherwise, no
person shall trespass upon or angle from any fishway or angle within an
area of a body of water bounded by a line extending across the body of
water 200 feet above the upper end of a fishway and a line across the
body of water 200 feet below the lower end of a fishway. [1973 c.723 §93](1) No person shall:

(a) Transport any live fish unless the person has first obtained a
permit therefor from the State Fish and Wildlife Commission.

(b) Release or attempt to release into any body of water any live
fish that was not taken from that body of water, unless the person has
first obtained a permit therefor from the commission.

(2) The commission may refuse to issue the permit referred to in
subsection (1)(b) of this section if the commission finds that release of
the fish into a body of water would adversely affect existing fish
populations.

(3) Subsection (1)(a) of this section does not apply to live fish
that are for aquaria use. [1973 c.723 §94] (1)
Except as provided in subsection (2) of this section:

(a) No person shall possess or import into this state from the
waters of the Pacific Ocean beyond the boundaries of this state any game
fish unless the person has in possession those valid angling licenses,
tags and permits required therefor by the wildlife laws or rules
promulgated pursuant thereto.

(b) No person shall possess or import into this state from any
waters beyond the boundaries of this state any game fish in excess of the
amount prescribed by the wildlife laws or rules promulgated pursuant
thereto.

(2) Subsection (1) of this section does not apply to:

(a) The possession or importation of fish taken pursuant to the
commercial fishing laws; or

(b) The possession or importation of fish taken in the waters of
another state, a territory of the United States or a foreign country
pursuant to the laws of such state, territory or foreign country. [1973
c.723 §95](1) The State Fish and Wildlife
Commission shall, by rule, establish a program to protect all finfish and
shellfish in waters of this state, both public and private, from
infection by the introduction of detrimental fish diseases.

(2) Rules adopted under subsection (1) of this section shall not
apply to live aquaria species imported or transported for aquaria use
unless those species are reared in facilities from which effluent
directly enters waters of this state.

(3) The requirements of subsection (1) of this section are in
addition to any other requirement of law, or rule promulgated pursuant
thereto, regarding the importation into this state of live game fish or
game fish eggs. [1973 c.723 §96; 1987 c.294 §1] (1)
Except as provided in subsections (2) and (3) of this section, no person
shall possess any live fish of the various species:

(a) Of the family Clariidae, commonly known as walking catfish; or

(b) Of the subfamily Serrasalminae of the family Characidae,
commonly known as caribe or piranha.

(2) A public park, zoo, museum or educational institution may
possess any of the fish referred to in subsection (1) of this section for
educational, medical, scientific or exhibition purposes if the
organization first obtains a permit from the State Fish and Wildlife
Commission. The commission may refuse to issue the permit if the
commission finds that the organization requesting the permit has physical
facilities for holding the fish that are inadequate to prevent their
escape from confinement.

(3) Subsections (1) and (2) of this section do not prohibit the
possession or require a permit for the possession of live fish that are
of the genera Pygocentrus, Serrasalmus or Pristobrycon that are
carnivorous fish in the subfamily Serrasalminae, from the family
Characidae, commonly known as piranha or caribe. [1973 c.723 §97; 1995
c.355 §1] (1) The
State Fish and Wildlife Commission shall issue not more than three
permits annually for activities involving the protection of juvenile
salmonids from cormorants (Phalacrocoracidae) on Oregon coastal river
systems between Cape Falcon and Cascade Head.

(2) Activities authorized under the permits shall not include the
killing, trapping or other taking of cormorants.

(3) Persons to whom permits are issued may subcontract with others
for the performance of protection activities. [1996 c.7 §3 (enacted in
lieu of 498.246)]ANGLING CONTESTS (1) A
person, or group of persons, may conduct, sponsor and participate in any
competition or contest in which prizes are offered for the amount,
quality, size, weight or other physical characteristics of black bass or
walleye, provided that the rules of a competition or contest are prepared
and distributed by the sponsors to the contestants and are administered
and enforced by the sponsors. Such rules shall include, but are not
limited to:

(a) A requirement that the contestants use aerated live wells or
other equipment so that all reasonable efforts are made to maintain the
fish taken in a live and healthy condition.

(b) A requirement that all fish caught that are in a healthy
condition are immediately returned to the water where they were caught,
after weighing. Black bass may be turned over to the State Department of
Fish and Wildlife for restocking.

(c) A requirement that bass tournament contestants use only
artificial or other such prepared baits.

(2) As used in this section, “black bass” means largemouth bass,
smallmouth bass, redeye bass, spotted bass and all other basses of the
genus Micropterus.

(3) The State Fish and Wildlife Commission may adopt rules to limit
the number of contests and participants, determine the location of
contests and prescribe other terms and conditions regarding the conduct
of contests under this section. [1981 c.510 §3; 1985 c.562 §1; 1987 c.299
§1; 2001 c.186 §1] (1) Except as provided in subsection (2)
of this section and ORS 498.279, no person shall conduct, sponsor or
participate in any competition or contest in which any prize of a retail
value of more than $1,000 is offered for the amount, quality, size,
weight or other physical characteristic of game fish taken.

(2) When a prize is offered that exceeds $1,000 for the amount,
quality, size, weight or other physical characteristic of a game fish
taken, the State Fish and Wildlife Commission, by rule, may limit the
number of contests and participants, determine the location of contests
and prescribe other terms and conditions regarding the conduct of
contests. [1989 c.373 §4; 1997 c.12 §1; 2001 c.186 §2]SCREENING AND BY-PASS DEVICES FOR WATER DIVERSIONS OR OBSTRUCTIONS It is the policy of the State of Oregon to prevent
appreciable damage to game fish populations or populations of nongame
fish that are classified as sensitive species, threatened species or
endangered species by the State Fish and Wildlife Commission as the
result of the diversion of water for nonhydroelectric purposes from any
body of water in this state. [1993 c.478 §2](1) Any person who diverts water, at a
rate of less than 30 cubic feet per second, from any body of water in
this state in which any fish, subject to the State Fish and Wildlife
Commission’s regulatory jurisdiction, exist may be required to install,
operate and maintain screening or by-pass devices to provide adequate
protection for fish populations present at the water diversion in
accordance with the provisions of this section.

(2)(a) The State Department of Fish and Wildlife shall establish a
cost-sharing program to implement the installation of screening or
by-pass devices on not less than 75 water diversions referred to in this
section per year. The department shall select the water diversions to be
screened from the priority listing of diversions established by the
department and reviewed by the Fish Screening Task Force. The
installation of a screening or by-pass device may be required only when:

(A) Fewer than 75 persons per year volunteer to request such
installation on the diversions for which they are responsible; or

(B) The Fish Screening Task Force has reviewed and approved the
department’s request to require installation of screening or by-pass
devices in order to complete the screening of a stream system or stream
reach.

(b) The limitations on the number of diversions to be screened as
provided in this section do not prevent the installation of fish
screening and by-pass devices for diversions by persons responsible for
diversions who are willing to pay the full cost of installing fish
screening and by-pass devices.

(3) When selecting diversions to be equipped with screening or
by-pass devices, the department shall attempt to solicit persons who may
volunteer to request the installation of such devices on the diversions
for which they are responsible. When selecting diversions to be equipped
with screening or by-pass devices, the department shall select those
diversions that will provide protection to the greatest number of
indigenous naturally spawning fish possible.

(4) If the department constructs and installs the by-pass or
screening device, a fee shall be assessed against the person responsible
for the diversion in an amount that does not exceed $5,000 or 40 percent
of the construction and installation cost of the devices, whichever
amount is the lesser. The fee shall be paid into the Fish Screening
Subaccount. If the person responsible for the diversion constructs and
installs the by-pass or screening device, the person shall be reimbursed
from the Fish Screening Subaccount in an amount that does not exceed
$10,000 or 60 percent of the actual construction and installation costs
of the device, whichever amount is the lesser.

(5) The department’s cost of major maintenance and repair of
screening or by-pass devices shall be paid from the Fish Screening
Subaccount.

(6) The department is responsible for major maintenance and repair
of screening or by-pass devices, and if failure by the department to
perform major maintenance on or repair such devices results in damage or
blockage to the water diversion on which the devices have been installed,
the person responsible for the water diversion shall give written notice
of such damage or blockage to the department. If within seven days of the
notice, the department fails to take appropriate action to perform major
maintenance on or repair the devices, and to repair any damage that has
occurred, the person responsible for the water diversion may remove the
device. If an emergency exists that will result in immediate damage to
livestock or crops, the person responsible for the water diversion may
remove the screening or by-pass device. A person required to comply with
this section is responsible for minor maintenance and shall, in a timely
manner, notify the department of the need for activities associated with
major maintenance.

(7) A person required to comply with this section may design,
construct and install screening or by-pass devices adequate to prevent
fish from leaving the body of water and entering the diversion or may
request the department to design, construct and install such devices.
However, if a person required to comply with this section fails to comply
within 180 days after notice to comply by the department, the department
shall design, install and operate on that person’s water diversion
appropriate screening or by-pass devices and shall charge and collect
from the person the actual costs thereof in an amount not to exceed the
average cost for diversions of that size.

(8) If the diversion requiring screening or by-pass devices is
located on public property, the department shall obtain from the property
owner approval or permits necessary for such devices. Activities of the
department pursuant to this section shall not interfere with existing
rights of way or easements of the person responsible for the diversion.

(9)(a) The department or its agent has the right of ingress and
egress to and from those places where screening or by-pass devices are
required, doing no unnecessary injury to the property of the landowner,
for the purpose of designing, installing, inspecting, performing major
maintenance on or repairing such devices.

(b) If a screening or by-pass device installed by the department
must be removed or replaced due to inadequate design or faulty
construction, the person responsible for the diversion shall bear no
financial responsibility for its replacement or reconstruction.

(c) If a screening or by-pass device installed by the person
responsible for the diversion must be removed or replaced due to faulty
construction, the person shall bear full financial responsibility for its
replacement or reconstruction.

(d) If the person responsible for a diversion on which a screening
or by-pass device is installed fails to conduct appropriate inspection
and minor maintenance, the department may perform such activities and
charge and collect from the person responsible a fee not to exceed $25
for each required visit to the location of the screening or by-pass
device.

(10) No person shall interfere with, tamper with, damage, destroy
or remove in any manner not associated with regular and necessary
maintenance procedures any screening or by-pass devices installed
pursuant to this section.

(11) The department may maintain an action to cover any costs
incurred by the department when a person who is required to comply with
this section fails to comply. Such action shall be brought in the circuit
court for the county in which the water diversion is located.

(12) Upon receiving notice from the department to comply with this
section, a person responsible for a water diversion may be excused from
compliance if the person demonstrates to the Fish Screening Task Force
that:

(a) The installation and operation of screening or by-pass devices
would not prevent appreciable damage to the fish populations in the body
of water from which water is being diverted.

(b) Installation and operation of screening or by-pass devices
would not be technically feasible.

(c) Installation of screening or by-pass devices would result in
undue financial hardship.

(13)(a) Not later than January 1, 1996, the department, with the
assistance of the Fish Screening Task Force and the Water Resources
Department, shall establish and publish an updated priority listing of
3,500 water diversions in the state that should be equipped with
screening or by-pass devices. Changes may be made to the list whenever
deletions are made for any reason. The priority listing shall include the
name and address of the person currently responsible for the water
diversion, the location of the diversion, size of the diversion, type of
screening or by-pass device required, estimated costs for construction
and the installation of screening or by-pass devices for the individual
diversion and species of fish present in the water body. When developing
the priority listing, the department shall base priorities for the
installation of screening or by-pass devices on unscreened diversions on
the following criteria:

(A) Fish species status.

(B) Fish numbers.

(C) Fish migration.

(D) Diversion size.

(E) Diversion amount.

(F) Any other criteria that the department, in consultation with
the Fish Screening Task Force, considers appropriate.

(b) Criteria identified in this subsection shall be given
appropriate consideration by the department when updating its priority
listing. The priority list will be updated to give the highest priority
to those diversions that save the greatest number of fish and
simultaneously protect the greatest number of threatened or endangered
fish species.

(c) After the priority list has been updated, the persons
responsible for the diversions on the list shall be notified that their
diversions appear on the list. Such persons also shall be furnished a
description of the fish screening program.

(d)(A) The department shall notify, by means of registered mail,
each person responsible for the first 250 diversions on the priority
listing on or before January 1, 1996. The department shall furnish
information regarding the fish screening program to each person
responsible for a diversion included in the first 250 diversions on the
priority listing on or before January 1, 1996. No person shall be
required to install a screening or by-pass device unless previously
notified by the department of the requirement to install such devices.

(B) On January 1 of each even-numbered year, the department will
notify each person responsible for a diversion included in the first 250
diversions on the priority listing. However, the department is not
required to notify in a subsequent year any person previously notified.
The department shall include with such notification, information
regarding the fish screening program to each person responsible for a
diversion included in the first 250 diversions on the priority listing.

(C) Before any person is required to install a screening or by-pass
device on a diversion of less than 30 cubic feet per second, the
department shall confirm the need for the screening device through a
visual, on-site inspection by appropriate staff of the fish screening
division of the department, or a district biologist of the department.

(14) As used in this section:

(a) “Behavioral barrier” means a system that utilizes a stimulus to
take advantage of natural fish behavior to attract or repel fish. A
behavioral barrier does not offer a physical impediment to fish movement,
but uses such means as electricity, light, sound or hydraulic disturbance
to move or guide fish.

(b) “Body of water” includes but is not limited to irrigation
ditches, reservoirs, stock ponds and other artificially created
structures or impoundments.

(c) “By-pass device” means any pipe, flume, open channel or other
means of conveyance that transports fish back to the body of water from
which the fish were diverted but does not include fishways or other
passages around a dam.

(d) “Fish screen” means a screen, bar, rack or other barrier,
including related improvements necessary to ensure its effective
operation, to provide adequate protection for fish populations present at
a water diversion.

(e) “Major maintenance” means all maintenance work done on a fish
screening or by-pass device other than minor maintenance.

(f) “Minor maintenance” means periodic inspection, cleaning and
servicing of fish screening or by-pass devices at such times and in such
manner as to ensure proper operation of the screening or by-pass device.

(g) “Screening device” means a fish screen or behavioral barrier.

(h) “Person” means any person, partnership, corporation,
association, municipal corporation, political subdivision or governmental
agency. [1991 c.858 §2; 1993 c.478 §4; 1995 c.426 §1; 2005 c.22 §370](1) Any person who diverts water, at a rate of 30 cubic
feet per second or more, from any body of water in this state in which
game fish exist shall install, operate and maintain, at the expense of
the person, all fish screening or by-pass devices that the State
Department of Fish and Wildlife determines necessary to prevent fish from
leaving the body of water and entering the diversion.

(2) Upon failure of any person to install, operate and maintain
fish screening or by-pass devices as required under subsection (1) of
this section, the department may install, operate and maintain, at the
expense of the responsible person, fish screening or by-pass devices
necessary to prevent fish from leaving the body of water and entering the
diversion.

(3) The department or its agent shall have the right of ingress and
egress to and from those places where the department determines that fish
screening or by-pass devices are required, doing no unnecessary injury to
the property of the landowner, for the purpose of installing, inspecting,
maintaining and replacing such fish screening and by-pass devices, and,
if installed by a person under subsection (1) of this section, to
determine if such fish screening or by-pass devices meet department
requirements. The department may order a person responsible under
subsection (1) of this section to repair or replace fish screening or
by-pass devices found to be noncomplying, at the expense of the
responsible person.

(4) If the department considers the installation, operation,
maintenance, repair or replacement of fish screening or by-pass devices
under subsections (1) to (3) of this section necessary, the department
shall notify by certified mail the person who diverts water of the action
the person is required to take. The person may request a hearing before
the State Fish and Wildlife Commission according to provisions of ORS
chapter 183.

(5) No person shall interfere with, tamper with, damage, destroy or
remove in a manner not associated with regular and necessary maintenance
procedures any fish screening or by-pass device installed pursuant to
this section.

(6) The department may maintain an action to recover any costs the
department incurs in installing, maintaining or replacing fish screening
or by-pass devices on behalf of a person responsible under subsection (1)
of this section. Such action shall be brought in the circuit court for
the county in which the fish screening or by-pass devices are located.

(7) As used in this section:

(a) “By-pass device” means any pipe, flume, open channel or other
means of conveyance that transports fish back to the body of water from
which the fish were diverted.

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

(c) “Person” means any person, partnership, corporation,
association, municipal corporation, political subdivision or governmental
agency.

(d) “Screening” means a screen, grating or other barrier and
related improvements or measures necessary to ensure efficient operation
of the screening device, to prevent the passage of fish from a body of
water into a diversion. [Formerly 498.248]ORS 498.306
and 498.311 do not require the installation of fish screening or by-pass
devices in those water diversions for which the State Fish and Wildlife
Commission, by contract or other form of agreement with the person
diverting the water, has made such other provision as the commission
determines is adequate for the protection of the game fish in the body of
water from which water is being diverted. [Formerly 498.262] (1) In order to carry out
the provisions of ORS 498.301 and 498.306, the following minimum
standards and criteria apply to actions of the State Fish and Wildlife
Commission and the State Department of Fish and Wildlife with regard to
fish screening or by-pass devices:

(a) Standards and criteria shall address the overall level of
protection necessary at a given water diversion and may not favor one
technology or technique over another.

(b) Standards and criteria shall take into account at least the
following factors relating to the fish populations present at a water
diversion:

(A) The source of the population, whether native or introduced and
whether hatchery or wild.

(B) The status of the population, whether endangered, threatened or
sensitive.

(c) Standards and criteria may take into account the cumulative
effects of other water diversions on the fish populations being protected.

(d) Design and engineering recommendations shall consider
cost-effectiveness.

(e) Alternative design and installation proposals must be approved
if they can be demonstrated to provide an equal level of protection to
fish populations as those recommended by the department.

(2) In order to maximize effectiveness and promote consistency
relating to the protection of fish at nonhydroelectric water diversions,
the department shall establish a single organizational entity to
administer all agency activities related to fish screening and by-pass
devices.

(3) The department shall emphasize cooperative effort and mutual
understanding with those responsible for water diversions that need fish
screening or by-pass devices.

(4) The department shall aggressively investigate and encourage the
development of new technologies and techniques to provide protection for
fish populations at water diversions in order to reduce initial costs,
reduce operating costs and improve cost-effectiveness. [1993 c.478 §3;
2005 c.22 §371](1) The State Department of Fish and Wildlife shall
establish guidelines to determine the need for and location of potential
fish screening and by-pass projects. The guidelines shall include a plan
to be used for determining priorities for and expected costs of
installing and maintaining the fish screening and by-pass devices.

(2) Nothing in subsection (1) of this section is intended to
prevent the State Department of Fish and Wildlife from expending federal
or other funds if such funds become available for the installation and
maintenance of fish screening and by-pass projects. [Formerly 498.256]Note: 498.326 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 498 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) Any two or more persons other than public
corporations, municipal corporations, irrigation districts or owners of
land served by the district, public utilities or entities that provide
utility service, who install a screening or by-pass device on a water
diversion, at a point shared by those persons, with a rate of 30 cubic
feet per second or more, from any body of water in this state in which
fish exist that are subject to the State Fish and Wildlife Commission’s
regulatory jurisdiction, may make application to the State Department of
Fish and Wildlife for reimbursement of construction and installation
costs of such screening or by-pass device. Upon approval by the
department in conjunction with the Fish Screening Task Force,
reimbursement shall be made from the Fish Screening Subaccount
established pursuant to ORS 496.303. However, reimbursement shall not
exceed $10,000 or 60 percent of the actual construction and installation
costs, whichever amount is the lesser.

(2) The department, by rule, shall prescribe the form and content
of applications and the criteria for application approval. [1993 c.478
§11; 1995 c.426 §18; 2001 c.822 §9]Nothing in ORS 498.306, 498.311,
509.585 or 509.615 shall be construed:

(1) To limit the eligibility of a person required to install and
operate fish screening or by-pass devices to obtain funding from the
Water Development Fund pursuant to ORS 541.700 to 541.855.

(2) To limit the acquisition or acceptance of any federal funds
available for the installation, operation, maintenance, improvement or
repair of fish screening or by-pass devices on water diversions in this
state, regardless of the size of the diversion. [Formerly 498.276; 2001
c.923 §6] Notwithstanding the limitation on the
number of diversions to be screened as provided in ORS 498.306, if
sufficient funds are made available in the Fish Screening Subaccount of
the Fish and Wildlife Account, by allocation from the Administrative
Services Economic Development Fund or from other sources, the State
Department of Fish and Wildlife may provide financial assistance for
construction and installation of screening or by-pass devices on an
additional 250 water diversions. [1993 c.478 §8; 2001 c.822 §10; 2005
c.22 §372]The State Fish and Wildlife Commission may maintain a suit
to enjoin any person, including governmental agencies of this state and
political subdivisions of this state, from violating the provisions of
ORS 498.306 or 498.311. The circuit court for any county in which are
situated any waters in which any such violations are threatened has
jurisdiction of the suit authorized by this section. [Formerly 498.274;
2001 c.923 §7]OUTDOOR CLUB REGULATION As used in ORS
498.400 to 498.464, unless the context requires otherwise:

(1) “Advertise” means to make public distribution by any means of
communication any material relating to the sale of membership in an
outdoor club.

(2) “Outdoor club” means a business entity organized for profit
that:

(a) Conducts, or under whose authority is conducted, hunting or
angling or both hunting and angling activities exclusively for its
members and their guests; and

(b) Engages in promotional plan activities for the sale of
membership in such club.

(3) “Promotional plan” includes, but is not limited to advertising.
[1973 c.749 §2](1) Except as provided in ORS 498.412, no person shall operate an outdoor
club unless the person has a valid license for such operation issued by
the State Fish and Wildlife Commission, if the outdoor club activities
are to be conducted on land that is leased from the owners thereof and if:

(a) The members of the club are not parties to the lease; and

(b) The members of the club do not have any financial or
proprietary interest in the club.

(2) No person required by subsection (1) of this section to obtain
a license to operate an outdoor club shall engage in promotional plan
activities for the sale of membership in the outdoor club unless the
person first obtains the license. [1973 c.749 §3] (1) A person who is
required to obtain a license from the State Fish and Wildlife Commission
to operate an outdoor club shall submit to the commission an application
for such license, on a form approved by the commission, that contains
such information as the commission may require regarding the ownership,
financial condition and operation of the club and promotional plans for
sale of membership therein.

(2) The application shall be accompanied by a fee of $100. [1973
c.749 §5](1) A person who is
licensed to operate an outdoor club shall report immediately to the State
Fish and Wildlife Commission any material changes in the information
required to be contained in the application.

(2) Upon receipt of any such report, the commission may suspend a
license that has been issued for such time as the commission considers
necessary to adequately investigate and approve the information
submitted. [1973 c.749 §6](1) Upon receipt in proper
form of an application for a license to operate an outdoor club, the
State Fish and Wildlife Commission shall issue a notice of filing to the
applicant. Within 30 days from the date of the notice of filing, the
commission shall enter an order granting or denying the license. If the
license is denied, the commission shall give the applicant notice of the
reasons therefor.

(2) If an order denying a license is not entered within 60 days
from the date of notice of filing of an application, a license shall be
considered granted unless the applicant has consented in writing to a
delay.

(3) Orders of the commission regarding the issuance, renewal,
suspension or revocation of a license shall be issued and reviewed in
accordance with ORS chapter 183. [1973 c.749 §7]The State Fish and Wildlife Commission may cause
to be investigated, to such extent as the commission considers
appropriate, the activities and operations of an outdoor club for which a
license to operate has been received, previously granted or previously
denied. The commission’s power to investigate includes, but is not
limited to:

(1) Contracting for investigative services with, and receiving
information and recommendations from, any other agency or political
subdivision of this state, another state or of the United States.

(2) Making on-site inspections of all lands upon which outdoor club
activities are to be conducted. [1973 c.749 §8]Each application to the State Fish and Wildlife Commission for a
license to operate an outdoor club, all information submitted with the
application, and all information obtained by the commission through
investigation of applications, is a public record. [1973 c.749 §9] The State Fish
and Wildlife Commission may refuse to issue or renew a license to operate
an outdoor club, or may revoke a license that has been previously issued
if the commission finds:

(1) Failure by the outdoor club or person advertising the sale of
membership in the outdoor club to comply with the provisions of ORS
498.400 to 498.464 and 498.993 or any rule promulgated pursuant thereto;

(2) That the promotional plan for the sale of outdoor club
membership is false, deceptive or misleading, or that the promotional
plan for the sale of membership is not in conformity with the plan
submitted with the license application and approved by the commission;

(3) That any land upon which it has been represented that outdoor
club activities are to be conducted is unsuitable for the purposes for
which represented;

(4) That any obligation, guaranty or warranty to members of the
club by the outdoor club that was included in the promotional plan for
the sale of membership or in the contract or other documents relating to
membership is not being fulfilled or that adequate financial arrangements
to secure performance of such obligations, guaranties or warranties has
not been made; or

(5) That the proposed outdoor club activities would have adverse
effect upon existing wildlife populations or habitat or upon
wildlife-oriented recreation. [1973 c.749 §10] A license to operate an
outdoor club expires one year from the date of its issuance. A person who
desire to renew a license shall submit an application therefor to the
State Fish and Wildlife Commission, together with a fee of $100. The
application shall be in such form, contain such information and be
submitted at such time as the commission prescribes. [1973 c.749 §11](1) Whenever the State Fish and Wildlife Commission has cause to
believe that any person is engaged in or is about to engage in any acts
or practices that constitute a violation of ORS 498.400 to 498.464 and
498.993, or any rule promulgated pursuant thereto, that requires
immediate action to protect the wildlife resources of this state, the
commission shall institute actions or proceedings for legal or equitable
remedies to restrain the violation or threatened action.

(2) The actions or proceedings authorized by subsection (1) of this
section may be instituted without necessity of a prior administrative
proceeding, or at any time during an administrative proceeding if a
proceeding has been commenced. [1973 c.749 §12; 1979 c.284 §160]PENALTIES Violation of
any provision of ORS 498.029 or 498.400 to 498.464 is a Class A
violation, if committed by an individual. If the violation is committed
by any person other than an individual, violation of any provision of ORS
498.029 or 498.400 to 498.464 is a violation punishable by a fine not to
exceed $10,000. [1973 c.749 §13; 1979 c.560 §3; 1999 c.1051 §195]CHAPTERS 499 AND 500[Reserved for expansion]_______________