CCLME.ORG - Fish and Wildlife Laws

State
Oregon
ORS 496.002 et seq Fish and Wildlife Laws

Chapter 496 — Application, Administration and Enforcement of Wildlife Laws

2003 EDITION

TITLE 41

WILDLIFE

Chapter 496. Application, Administration and Enforcement of Wildlife Laws

497. Licenses and Permits

498. Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures

501. Refuges and Closures

_______________

Chapter 496 — Application, Administration and Enforcement of Wildlife Laws

2003 EDITION

GENERAL PROVISIONS

496.002 Short title

496.004 Definitions

496.007 “Game bird” defined

496.009 “Game fish” defined

496.012 Wildlife policy

496.016 Applicability of wildlife laws to commercial fishing laws

496.018 Person with disability under wildlife laws

STATE DEPARTMENT OF FISH AND WILDLIFE; COMMISSION; DIRECTOR; DUTIES AND POWERS GENERALLY

496.080 State Department of Fish and Wildlife

496.085 Fish Screening Task Force; qualifications of members; duties

496.090 State Fish and Wildlife Commission; members; terms; qualifications; compensation and expenses

496.108 Commission officers; quorum; meetings

496.112 State Fish and Wildlife Director; term; compensation and expenses; delegation of commission powers to director

496.116 Delegation of rulemaking authority to director; requirements

496.118 Duties and powers of director

Note Task Force on Wildlife Control Activities--2003 c.248 งง3,4

496.124 Fish Division; Wildlife Division; authority

496.128 Reports by commission

496.138 General duties and powers; rulemaking authority; hearing prior to budget request to Governor

496.141 Fish screening program report

496.146 Additional powers of commission

496.151 Allocation of nonresident tags for outfitters and guides

496.154 Limitation on authority to condemn certain farm use property

496.156 Expenditure priority for anadromous fish management

496.162 Establishing seasons, amounts and manner of taking wildlife; rules

496.164 Cooperation with public and private agencies for fish and wildlife management; technical information and policy recommendations; use of recommendations by state agencies

496.166 Citizen involvement for wildlife management on private lands

THREATENED OR ENDANGERED WILDLIFE SPECIES

496.171 Definitions for ORS 496.171 to 496.182; applicability date

496.172 Commission management authority for threatened or endangered species; rules

496.176 Listing species; procedure; matters to be considered; periodic review

496.182 Protection and conservation programs; compliance by state agencies

496.192 Effect of law on commercial forestland or other private land; effect on other laws

SALMON FOR INDIAN CEREMONIES

496.201 Department to furnish salmon for ceremonies; amount; source

496.206 Written request for salmon; contents; time for providing salmon

496.211 Limitation on amount and use

496.216 Disposition of salmon remaining after ceremony

496.221 ORS 496.201 to 496.221 not intended to extend Indian legal or political rights

ACCESS AND HABITAT BOARD

496.228 Access and Habitat Board; qualification of members; expenses; term; meetings

496.232 Board to make program recommendations; commission approval; report; fund expenditure qualifications; gifts and grants

496.236 Advisory councils to board; duties; no compensation or expenses for members

496.242 Access and habitat program funds

FISH HABITAT IMPROVEMENT

496.260 Project applications; contents; notice of reasons for rejection; approval conditions; limitation on tax credit

496.265 Limitation on amount eligible for tax credit

496.270 Immunity from liability for damages resulting from habitat or water quality improvement project; exceptions

FISH RESOURCE PROTECTION, RESTORATION AND ENHANCEMENT

(Temporary provisions relating to fish resource protection, restoration and enhancement are compiled as notes following ORS 496.270)

496.275 Salmon resource protection and restoration; review of public and private production facilities; approval of production facilities by department

PILOT PROGRAMS

(Temporary provisions relating to aquaculture products from private facilities are compiled as notes following ORS 496.275)

(Temporary provisions relating to collection, recycling and disposal of fishing tackle are compiled as notes following ORS 496.275)

(Temporary provisions relating to landowner preference tags are compiled as notes following ORS 496.275)

STATE WILDLIFE FUND; RECEIPTS AND EXPENDITURES

496.300 State Wildlife Fund; sources; uses

496.303 Fish and Wildlife Account; sources; subaccounts; uses

496.306 Compensation for damage done by bear and cougar not to be paid from State Wildlife Fund

496.311 Limitation on size of revolving fund

496.340 Payments to counties in lieu of taxes

NONGAME WILDLIFE

496.375 “Nongame wildlife” defined

496.380 Designation of tax refunds to finance program

496.385 Nongame Wildlife Fund

496.390 Control over fund by department; use of moneys

SALMON AND TROUT ENHANCEMENT

496.430 Definitions for ORS 496.430 and 496.435 to 496.455

496.435 Policy to recover and sustain native stocks

496.440 Enhancement program to be conducted by commission; objective

496.445 Duties of commission

496.450 Application for project; subjects for projects; conditions for approval

496.455 Use of native stocks for projects; conditions

496.458 Remote hatchbox program

496.460 Salmon and Trout Enhancement Program Advisory Committee; members; duties and powers; travel and expenses

496.465 Interference with project prohibited

ADOPTION OF PLANS FOR NATURAL PRODUCTION OF ANADROMOUS FISH RUNS

496.470 Natural production of anadromous fish; rules; priorities

496.475 Adoption of basin plans

496.480 Reports on basin plans

WILDLIFE COOPERATION; FEDERAL WILDLIFE AID

496.510 Assent to federal wildlife-restoration statute; duty of commission with regard thereto

496.525 Federal fish restoration and management aid; powers of commission with regard thereto

MIGRATORY WATERFOWL STAMP

496.550 Migratory waterfowl stamp; design selection; production of stamps and art works

496.555 Contract on migratory waterfowl stamp matters

UPLAND BIRD STAMP

496.558 “Upland bird” defined

496.562 Policy

496.566 Contest for stamp design; sale of art works; contracts for stamp matters

WILDLIFE LAW ENFORCEMENT AND ENFORCEMENT OFFICERS

496.605 Enforcement of wildlife laws by State Fish and Wildlife Director, deputies and peace officers

496.610 State police to enforce wildlife laws; payment of expenses from wildlife fund; appointment of federal agents

496.615 Commission employees to supplement state police

496.620 Nonliability of law enforcement officers

496.630 District attorneys to prosecute criminal cases; jurisdiction of courts

496.640 Service of process by law enforcement personnel

496.645 Arrest without warrant of violators; trial

496.650 Issuance of citation to violator

496.665 Issuance of search warrants; places searched; use and disposition of seized property

496.670 Arrests made on Sunday

496.675 Seizure without warrant by law enforcement personnel

496.680 Seizure of unlawful devices and unlawfully taken wildlife; forfeiture; disposition; repayment of administrative costs

496.690 Possession of wildlife as evidence of illegal taking

496.695 Counseling, aiding or sharing in violation

496.700 Investigating violations; summoning witnesses

496.705 Damage suits for unlawful killing of wildlife; jurisdiction of courts

496.710 Compelling testimony in enforcement proceedings

496.715 Disposition of fines

WILDLIFE LAW VIOLATOR COMPACT

496.750 Wildlife Law Violator Compact

PERMIT FOR WATER FOR HYDROELECTRIC PURPOSES

496.815 Definitions for ORS 496.815 to 496.825

496.820 Permit or license fee

496.825 Application fee; exception

496.830 Penalty fee

496.835 Oregon Fish and Wildlife Hydroelectric Fund

PENALTIES

496.951 Base fines for wildlife law violations

496.992 Penalties

496.994 Obstructing the taking of wildlife prohibited

496.996 Attempts to take wildlife decoy as unlawful wildlife taking

GENERAL PROVISIONS

496.002 Short title. ORS chapters 496, 497, 498 and 501 may be cited as the wildlife laws. [1973 c.723 ง2]

496.004 Definitions. As used in the wildlife laws, unless the context requires otherwise:

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

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

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

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

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

(6) “Endangered species” means:

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

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

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

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

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

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

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

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

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

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

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

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

(17) “Threatened species” means:

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

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

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

(19) “Wildlife” means fish, shellfish, wild birds, amphibians and reptiles, feral swine as defined by State Department of Agriculture rule and other wild mammals. [1973 c.723 ง3; 1975 c.253 ง5; 1977 c.136 ง1; 1979 c.399 ง1; 1979 c.615 ง1a; 1985 c.60 ง7; 1987 c.686 ง1; 1991 c.67 ง148; 1993 c.659 ง1; 1999 c.25 ง3; 2001 c.125 ง1; 2003 c.656 ง1]

496.005 [Repealed by 1973 c.723 ง130]

496.006 [Formerly 497.505; 1961 c.343 ง1; 1967 c.594 ง1; 1971 c.658 ง1; repealed by 1973 c.723 ง130]

496.007 “Game bird” defined. As used in the wildlife laws, unless the context requires otherwise, “game bird” means:

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

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

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

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

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

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

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

(8) Those members of the family Rallidae, commonly known as rails, gallinules and coots. [1973 c.723 ง4]

496.008 [1957 c.268 ง1; repealed by 1973 c.723 ง130]

496.009 “Game fish” defined. As used in the wildlife laws, unless the context requires otherwise, “game fish” means:

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

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

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

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

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

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

(7) Stizostedion vitreum, commonly known as walleye.

(8) Catostomus luxatus, commonly known as mullet.

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

(10) Alosa sapidissima, commonly known as American shad, when taken by angling. [1973 c.723 งง5,131; 1999 c.1026 ง18]

496.010 [Amended by 1953 c.379 ง2; 1957 c.250 ง1; 1959 c.364 ง1; 1963 c.30 ง1; repealed by 1973 c.723 ง130]

496.012 Wildlife policy. It is the policy of the State of Oregon that wildlife shall be managed to prevent serious depletion of any indigenous species and to provide the optimum recreational and aesthetic benefits for present and future generations of the citizens of this state. In furtherance of this policy, the State Fish and Wildlife Commission shall represent the public interest of the State of Oregon and implement the following coequal goals of wildlife management:

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

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

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

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

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

(6) To provide optimum recreational benefits.

(7) To make decisions that affect wildlife resources of the state for the benefit of the wildlife resources and to make decisions that allow for the best social, economic and recreational utilization of wildlife resources by all user groups. [1973 c.723 ง6; 1993 c.659 ง2; 2001 c.762 ง6]

496.015 [Amended by 1959 c.578 ง1; repealed by 1973 c.723 ง130]

496.016 Applicability of wildlife laws to commercial fishing laws. Nothing in the wildlife laws is intended to affect any of the provisions of the commercial fishing laws. However, nothing in the commercial fishing laws is intended to authorize the taking of game fish in any manner prohibited by the wildlife laws. [1973 c.723 ง7]

496.018 Person with disability under wildlife laws. In order to be considered a person with a disability under the wildlife laws, a person shall provide to the State Fish and Wildlife Commission either:

(1) Written certification from a licensed physician that states that the person:

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

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

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

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

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

(2) Written proof that the last official certification of record by the United States Department of Veterans Affairs or any branch of the Armed Forces of the United States shows the person to be at least 65 percent disabled. [1999 c.25 ง2; 2001 c.571 ง1]

496.020 [Amended by 1957 c.55 ง1; 1957 c.471 ง1; 1967 c.431 ง1; repealed by 1973 c.723 ง130]

496.025 [Amended by 1965 c.149 ง1; repealed by 1973 c.723 ง130]

496.030 [Repealed by 1973 c.723 ง130]

496.032 [1971 c.658 ง31; repealed by 1973 c.723 ง130]

496.035 [Repealed by 1973 c.723 ง130]

496.040 [1953 c.184 ง1; repealed by 1973 c.723 ง130]

496.045 [1953 c.184 ง2; repealed by 1973 c.723 ง130]

STATE DEPARTMENT OF FISH AND WILDLIFE; COMMISSION; DIRECTOR; DUTIES AND POWERS GENERALLY

496.080 State Department of Fish and Wildlife. There is hereby established in the executive branch of the government of this state under the State Fish and Wildlife Commission a department to be known as the State Department of Fish and Wildlife. The department shall consist of the director of the department and all personnel employed in the department. [1975 c.253 ง7; 1993 c.659 ง3]

Note: Section 1, chapter 989, Oregon Laws 2001, provides:

Sec. 1. (1) The State Department of Fish and Wildlife shall promptly relocate the department’s headquarters from Portland to Salem or to the immediate vicinity of Salem by the most cost-effective means available. The department shall work in consultation with the Oregon Department of Administrative Services to minimize the costs of:

(a) Moving all appropriate staff, furnishings and equipment to leased quarters in Salem or the immediate vicinity of Salem until a permanent headquarters is provided at a site in Salem.

(b) Disposing of the existing headquarters building in Portland as provided in ORS chapter 270. Notwithstanding ORS 270.150, the net proceeds from the sale of the existing headquarters building shall be used to pay or repay the costs incurred in the relocation of the headquarters, with any remainder returned to the General Fund.

(2) The Oregon Department of Administrative Services shall develop a suitable plan to provide, or to assist and approve the provision of, a permanent headquarters in Salem. [2001 c.989 ง1; 2003 c.796 ง17]

Note: The amendments to section 1, chapter 989, Oregon Laws 2001, by section 18, chapter 796, Oregon Laws 2003, become operative July 1, 2005. See section 30, chapter 796, Oregon Laws 2003. The text that is operative on and after July 1, 2005, is set forth for the user’s convenience.

Sec. 1. (1) The State Department of Fish and Wildlife shall promptly relocate the department’s headquarters from Portland to Salem or to the immediate vicinity of Salem by the most cost-effective means available. The department shall work in consultation with the Oregon Department of Administrative Services to minimize the costs of:

(a) Moving all appropriate staff, furnishings and equipment to leased quarters in Salem or the immediate vicinity of Salem until a permanent headquarters is provided at a site in Salem approved by the Capitol Planning Commission.

(b) Disposing of the existing headquarters building in Portland as provided in ORS chapter 270. Notwithstanding ORS 270.150, the net proceeds from the sale of the existing headquarters building shall be used to pay or repay the costs incurred in the relocation of the headquarters, with any remainder returned to the General Fund.

(2) The Oregon Department of Administrative Services shall develop a suitable plan to provide, or to assist and approve the provision of, a permanent headquarters in Salem.

496.085 Fish Screening Task Force; qualifications of members; duties. (1) There is established within the State Department of Fish and Wildlife the Fish Screening Task Force consisting of seven members appointed by the State Fish and Wildlife Commission.

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

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

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

(5) The duties of the task force are:

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

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

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

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

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

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

(g) To advise the department on the creation of the priority criteria and the priority listing referred to in ORS 498.306 (12)(a) or (d). [1991 c.858 ง6; 1995 c.426 ง3]

496.090 State Fish and Wildlife Commission; members; terms; qualifications; compensation and expenses. (1) There is established a State Fish and Wildlife Commission that shall consist of seven members appointed by the Governor.

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

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

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

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

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

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

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

(9) A member of the commission is entitled to compensation and expenses as provided in ORS 292.495. [1975 c.253 ง8; 1981 c.545 ง11; 1997 c.249 ง177; 1999 c.697 ง1; 2001 c.762 ง1]

496.100 [1973 c.723 ง8; 1973 c.792 ง20a; repealed by 1975 c.253 ง40]

496.105 [Repealed by 1973 c.723 ง130]

496.108 Commission officers; quorum; meetings. (1)(a) The Governor shall designate one member of the State Fish and Wildlife Commission as chairperson. The member shall serve as chairperson until the member’s term expires or until relieved by the Governor. The chairperson shall have the powers and duties as are provided by the rules of the commission.

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

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

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

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

(5) The commission shall hold at least one meeting per year in each of the congressional districts in this state. [1973 c.723 ง9; 2001 c.762 ง2]

496.110 [Repealed by 1973 c.723 ง130]

496.112 State Fish and Wildlife Director; term; compensation and expenses; delegation of commission powers to director. (1) The State Fish and Wildlife Commission shall appoint a State Fish and Wildlife Director to serve for a term not to exceed four years unless sooner removed by the commission.

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

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

(4) The commission may reappoint the director to additional terms. [1975 c.253 ง9; 1985 c.529 ง3; 1993 c.659 ง4; 1999 c.697 ง2; 2001 c.762 งง3,4]

496.115 [Repealed by 1975 c.253 ง40]

496.116 Delegation of rulemaking authority to director; requirements. (1) In exercising any authority to adopt administrative rules delegated by the State Fish and Wildlife Commission under ORS 496.112, the State Fish and Wildlife Director shall comply with the requirements of ORS 496.138.

(2) Notwithstanding ORS 183.400, for any rule adopted by the director pursuant to subsection (1) of this section, before a person may petition the Court of Appeals to determine the validity of the rule, the person shall first request that the State Fish and Wildlife Commission determine the validity of the rule. The determination of the commission may be reviewed in accordance with ORS 183.400. [1999 c.697 ง5]

496.118 Duties and powers of director. (1) Subject to policy direction by the State Fish and Wildlife Commission, the State Fish and Wildlife Director shall:

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

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

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

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

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

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

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

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

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

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

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

(6) Notwithstanding the provisions of ORS 496.112 (3), in times of emergency or with respect to regulating wildlife taking, the director may exercise the full powers of the commission until such times as the emergency ends or the commission meets in formal session. [1975 c.253 ง10; 1987 c.734 ง12; 1993 c.659 ง5; 1999 c.697 ง3]

Note: Sections 3 and 4, chapter 248, Oregon Laws 2003, provide:

Sec. 3. Task Force on Wildlife Control Activities. (1)(a) There is created the Task Force on Wildlife Control Activities consisting of members appointed by the State Fish and Wildlife Director.

(b) The State Fish and Wildlife Director shall appoint members to the task force who represent nuisance animal control businesses, local governments and wildlife conservation organizations.

(2) The purpose of the task force is to study and make recommendations on the development of a system for the licensing and regulation of businesses conducting nuisance, damage or public health risk animal control operations. The system recommended may include reporting requirements, license revocation standards, license fee structure and standards of practice, including but not limited to trap check requirements, euthanasia methods and animal relocation standards.

(3) The State Department of Fish and Wildlife shall provide staff support to the task force.

(4) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties.

(5) A majority of the members of the task force constitutes a quorum for the transaction of business.

(6) Official action by the task force requires the approval of a majority of the members of the task force.

(7) The task force shall elect one of its members to serve as chairperson.

(8) Members of the task force are not entitled to compensation or reimbursement for expenses and serve as volunteers on the task force.

(9) The task force shall submit a report containing its recommendations, including recommendations for legislation, to an interim committee related to natural resources, in the manner provided by ORS 192.245, no later than October 1, 2004. [2003 c.248 ง3]

Sec. 4. Section 3 of this 2003 Act is repealed on December 31, 2004. [2003 c.248 ง4]

496.120 [Amended by 1967 c.290 ง3; 1969 c.314 ง59; repealed by 1973 c.723 ง130]

496.122 [1973 c.723 ง10; repealed by 1975 c.253 ง40]

496.124 Fish Division; Wildlife Division; authority. In addition to such divisions as may be established by the State Fish and Wildlife Director pursuant to ORS 496.118, there are established within the State Department of Fish and Wildlife a Fish Division and a Wildlife Division. The Wildlife Division shall be responsible for the management of all wildlife, except fish and other marine life, over which the State Fish and Wildlife Commission has regulatory jurisdiction. [1975 c.253 ง11]

496.125 [Repealed by 1973 c.723 ง130]

496.128 Reports by commission. (1) The State Fish and Wildlife Commission shall report biennially to the Governor and to the Legislative Assembly on the activities of the commission during the preceding biennium. The commission shall make such additional reports as the Governor or the Legislative Assembly may direct.

(2) The reports required by subsection (1) of this section shall be in such form and contain such information as the commission considers appropriate, and shall contain such other information as the Governor and the Legislative Assembly may require. Such reports shall include all new or amended rules, policies or procedures adopted by the commission and shall include a summary of significant consultation activity under ORS 496.164. [1973 c.723 ง11; 1993 c.659 ง6]

496.130 [Amended by 1959 c.371 ง1; 1963 c.154 ง1; 1965 c.74 ง1; repealed by 1973 c.723 ง130]

496.132 [1985 c.60 ง5; repealed by 1993 c.659 ง9]

496.135 [Repealed by 1973 c.723 ง130]

496.138 General duties and powers; rulemaking authority; hearing prior to budget request to Governor. (1) Consistent with the policy of ORS 496.012, the State Fish and Wildlife Commission shall implement the policies and programs of this state for the management of wildlife. These policies and programs shall consider the uses of public and private lands and utilize voluntary partnerships with private and public landowners to protect and enhance wildlife habitat and effectively manage wildlife. In addition, the commission shall perform any other duty vested in it by law.

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

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

(4) Before submitting budget requests or information to the Governor pursuant to ORS 291.201 to 291.222, the commission shall hold a public hearing on proposals for planned expenditures and enhancement packages that the commission intends to recommend to the Governor for inclusion in the Governor’s budget. [1973 c.723 ง12; 1993 c.659 ง7]

496.140 [Repealed by 1973 c.723 ง130]

496.141 Fish screening program report. On or before February 1 of each odd-numbered year, the State Department of Fish and Wildlife shall provide to the Joint Committee on Ways and Means a complete annual report regarding activities initiated by the department in regard to the fish screening program. The report shall include a complete budget analysis of all costs, including in-kind costs associated with the program, the number of screening or by-pass devices installed and the size of the diversions on which such devices were installed. The budget analysis shall identify all costs associated with the construction and installation of screening or by-pass devices, administrative costs and research and development costs associated with the program. [1995 c.426 ง14]

496.145 [Repealed by 1973 c.723 ง130]

496.146 Additional powers of commission. In addition to any other duties or powers provided by law, the State Fish and Wildlife Commission:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(18) May sell advertising in State Department of Fish and Wildlife publications, including annual hunting and angling regulation publications. [1973 c.723 ง13; 1977 c.177 ง1; 1977 c.668 ง1; 1981 c.445 ง9; 1987 c.292 ง2; 1993 c.659 ง8; 1999 c.25 ง4; 2001 c.253 ง1; 2003 c.656 ง2]

Note: Section 2, chapter 460, Oregon Laws 1995, provides:

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

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

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

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

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

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

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

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

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

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

(d) If the landowner receives eight, nine or 10 preference tags, three of those tags may be so used. [1995 c.460 ง2; 2001 c.227 ง1]

496.150 [Repealed by 1973 c.723 ง130]

496.151 Allocation of nonresident tags for outfitters and guides. Notwithstanding any other provision of the wildlife laws, the State Fish and Wildlife Commission by rule shall establish a system for allocating hunting permits that are limited by maximum number for the taking of deer and elk by nonresident hunters so that a number equal to one-half of the number of those permits issued to nonresident hunters in the previous year are made available to the holders of registrations issued pursuant to ORS chapter 704, and who are certified pursuant to ORS 704.060, for the use of the clients of those registration holders. Such a system shall include but not be limited to:

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

(2) Provisions for revocation and refusal to issue all or any portion of the permits based upon a commission finding of an emergency situation or biological needs. [1997 c.342 ง2; 2003 c.644 ง5]

496.154 Limitation on authority to condemn certain farm use property. (1) The State Fish and Wildlife Commission shall not commence any proceeding to exercise the power of eminent domain to acquire any real property, or interest therein, that was devoted to farm use on January 1, 1974, unless the commission first obtains approval therefor from the Joint Committee on Ways and Means, or from the Emergency Board if the Legislative Assembly is not then in session. Upon a change in the use of such land from farm use, the commission may acquire such property, and interests therein, by exercise of the power of eminent domain without first obtaining legislative approval therefor. As used in this section, “farm use” has the meaning for that term provided in ORS 215.203.

(2) The commission shall not commence any proceeding as provided in subsection (1) of this section unless the commission has obtained approval of its intended use of such property from the local governmental agencies having land use planning authority over such lands. [1973 c.723 ง13a; 1975 c.788 ง1]

496.155 [Amended by 1967 c.454 ง86; repealed by 1973 c.723 ง130]

496.156 Expenditure priority for anadromous fish management. (1) In carrying out duties, functions and powers regarding the propagation of anadromous fish prescribed in the wildlife laws and the commercial fishing laws, the State Fish and Wildlife Commission shall give high priority to expenditures for propagation assistance by means of transportation of upstream and downstream migrants in those areas where dams and other such obstacles present a passage problem to juvenile or adult salmon.

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

(3) Nothing in subsection (1) of this section prevents the cooperation of the commission with the federal government in programs financed pursuant to ORS 506.405. [1977 c.653 ง2]

496.160 [Amended by 1971 c.658 ง2; repealed by 1973 c.723 ง130]

496.162 Establishing seasons, amounts and manner of taking wildlife; rules. (1) After investigation of the supply and condition of wildlife, the State Fish and Wildlife Commission, at appropriate times each year, shall by rule:

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

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