ORS 164.813
Unlawful cutting and transport of special forest products


(1)

As used in this section:

(a)

“Harvest” means to separate by cutting, digging, prying, picking, peeling, breaking, pulling, splitting or otherwise removing a special forest product from:

(A)

Its physical connection or point of contact with the ground or vegetation upon which it was growing; or

(B)

The place or position where it lay.

(b)

“Special forest products” means:

(A)

Plants, plant parts, fruit, fungi, parts of fungi, rocks or minerals that are identified in State Board of Forestry rules as special forest products;

(B)

Firewood;

(C)

Trees or parts of trees of a species identified in board rules as a forest tree species not normally used in commercial forest harvests; and

(D)

Other items identified by the board by rule as special forest products.

(c)

“Special forest products” does not mean mill ends, driftwood and artificially fabricated fireplace logs.

(d)

“Transportation” means the physical conveyance of special forest products away from a harvest or collection site and includes, but is not limited to, transportation in or on:

(A)

A motor vehicle or trailer, both as defined for purposes of the Oregon Vehicle Code;

(B)

A boat, barge, raft or other water vessel; or

(C)

An airplane, helicopter, balloon or other aircraft.

(2)

Subject to subsection (6) of this section, it is unlawful for any person other than the landowner to cut or split wood into special forest products or to harvest or remove special forest products from a place unless the person has in possession a written permit to do so from the owner of the land from which the wood is cut or the special forest products taken. The written permit required under this subsection must set forth:

(a)

The date of the permit;

(b)

The name, address, telephone number and signature of the person granting the permit;

(c)

The name, address and telephone number of the person to whom the permit is granted;

(d)

The amount and kind of wood, by species, to be cut or split or the amount and kind of special forest products to be taken;

(e)

A description of the premises from which the wood is to be cut or the special forest products taken. The description may be by legal description, tax account number or other description clearly identifying the premises; and

(f)

The date of expiration of the permit.

(3)

Subject to subsection (6) of this section, it is unlawful for a person to transport special forest products without possessing a permit as described in subsection (2) of this section or a document of sale showing title to the special forest products. A document of sale must be signed by the landowner, seller or donor, and must set forth:

(a)

The date of the document;

(b)

The name, address and telephone number of the seller or donor of the special forest products;

(c)

The name, address and telephone number of the purchaser or donee;

(d)

The amount and kind of special forest products sold, by species; and

(e)

A description of the premises from which the special forest products were taken. The description may be by legal description, tax account number or other description clearly identifying the premises, or by street address in the event of purchase from a woodlot or fuel dealer or dealer in other special forest products.

(4)

Except as provided in subsection (7) of this section, any person who engages in the purchase or other acquisition of special forest products for resale, other than special forest products acquired from property owned by that person, shall keep records of such purchases or acquisitions for a period of one year from the date of purchase or acquisition. The records shall be made available to any peace officer upon request and shall reveal:

(a)

The date of purchase or acquisition;

(b)

The name, address, telephone number and signature of the person from whom the special forest products were obtained and the date they were obtained;

(c)

The license number of any vehicle used to deliver the special forest products to the dealer for resale;

(d)

The quantity of special forest products purchased or acquired; and

(e)

The name and address of the landowner from whose land the special forest product was harvested.

(5)

Any permit for the removal of special forest products from public lands issued or required by the United States Forest Service or the Bureau of Land Management is:

(a)

Sufficient for the purposes of subsections (2) and (3) of this section, regardless of whether the permit conforms to the specific requirements as to content set forth in subsections (2) and (3) of this section; and

(b)

Valid only for the purposes and public lands locations identified in the permit.

(6)

Subsections (2) and (3) of this section do not apply to the following activities conducted on public lands:

(a)

The cutting or transportation of wild edible fungi occupying a volume at harvest of one gallon or less;

(b)

The cutting or transportation of special forest products, described in subsection (1)(b)(B) and (C) of this section, having a total volume of less than 27 cubic feet;

(c)

The cutting or transportation of special forest products, other than those specified in paragraphs (a) and (b) of this subsection, having a total volume of less than 12 cubic feet;

(d)

The cutting or transportation of coniferous trees that are subject to the provisions of ORS 164.825 (Cutting and transport of coniferous trees without permit or bill of sale);

(e)

The cutting or transportation of special forest products by the owner of the land from which they were taken or by the owner’s agent; or

(f)

The transportation of special forest products by a common carrier or contract carrier.

(7)

Subsection (4) of this section does not apply to a person who purchases cedar products that are special forest products and who complies with the record keeping requirements of ORS 165.109 (Failing to maintain a cedar purchase record).

(8)

Violation of any provision of subsections (2) to (4) of this section is a Class B misdemeanor. [1981 c.645 §2; 1989 c.368 §1; 1993 c.167 §1; 1995 c.75 §1; 2013 c.276 §§1,2]

Source: Section 164.813 — Unlawful cutting and transport of special forest products, https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html.

Notes of Decisions

Crime of unlawful cutting and transport of special forest products is not limited to harvesting activities and does not require removal of products from landowner’s land. State v. Lively, 294 Or App 377, 430 P3d 1120 (2018)

Where defendant was driving truck loaded with cut wood rounds that did not have government-issued permit tags attached, as is customary, through downtown area of town, and defendant stated wood was taken from forest, defendant was transporting special forest products without permit. State v. Fuller, 296 Or App 425, 438 P3d 431 (2019)

164.005
Definitions
164.015
“Theft” described
164.025
Consolidation of theft offenses
164.035
Defenses
164.043
Theft in the third degree
164.045
Theft in the second degree
164.055
Theft in the first degree
164.057
Aggravated theft in the first degree
164.061
Sentence for aggravated theft in the first degree when victim 65 years of age or older
164.063
Disproportionate impact
164.065
Theft of lost, mislaid property
164.075
Extortion
164.085
Theft by deception
164.095
Theft by receiving
164.098
Organized retail theft
164.105
Right of possession
164.115
Value of property
164.125
Theft of services
164.130
Application of ORS 164.125 to telephone or telegraph services
164.132
Unlawful distribution of cable television equipment
164.135
Unauthorized use of a vehicle
164.138
Criminal possession of a rented or leased motor vehicle
164.140
Criminal possession of rented or leased personal property
164.160
Definitions
164.162
Mail theft or receipt of stolen mail
164.164
Defense in prosecution under ORS 164.162
164.170
Laundering a monetary instrument
164.172
Engaging in a financial transaction in property derived from unlawful activity
164.174
Exceptions
164.205
Definitions for ORS 164.205 to 164.270
164.215
Burglary in the second degree
164.225
Burglary in the first degree
164.235
Possession of a burglary tool or theft device
164.243
Criminal trespass in the second degree by a guest
164.245
Criminal trespass in the second degree
164.255
Criminal trespass in the first degree
164.265
Criminal trespass while in possession of a firearm
164.270
Closure of premises to motor-propelled vehicles
164.272
Unlawful entry into a motor vehicle
164.274
Definitions for ORS 164.276 and 164.278
164.276
Authority of sports official to expel persons from sports event
164.278
Criminal trespass at a sports event
164.305
Definitions for ORS 164.305 to 164.377
164.315
Arson in the second degree
164.325
Arson in the first degree
164.335
Reckless burning
164.338
Arson incident to the manufacture of a controlled substance in the second degree
164.342
Arson incident to the manufacture of a controlled substance in the first degree
164.345
Criminal mischief in the third degree
164.354
Criminal mischief in the second degree
164.365
Criminal mischief in the first degree
164.367
Determining value of damage
164.373
Tampering with cable television equipment
164.377
Computer crime
164.381
Definitions
164.383
Unlawfully applying graffiti
164.386
Unlawfully possessing a graffiti implement
164.388
Preemption
164.395
Robbery in the third degree
164.405
Robbery in the second degree
164.415
Robbery in the first degree
164.775
Deposit of trash within 100 yards of waters or in waters
164.785
Placing offensive substances in waters, on highways or other property
164.805
Offensive littering
164.813
Unlawful cutting and transport of special forest products
164.814
State Forester required to develop forms for special forest products
164.825
Cutting and transport of coniferous trees without permit or bill of sale
164.828
Ownership as affirmative defense under ORS 164.813 and 164.825
164.835
Investigation to prevent violations of ORS 164.813 and 164.825
164.845
Arrest, summons for cutting or transport of trees or special forest products
164.855
Seizure of trees or special forest products cut or transported in violation of ORS 164.813 or 164.825
164.857
Unlawfully transporting metal property
164.863
Unlawful transport of meat animal carcasses
164.864
Definitions for ORS 164.864 to 164.882
164.865
Unlawful sound recording
164.866
Civil action for injuries caused by criminal acts
164.867
Applicability of ORS 164.868, 164.869 and 164.872
164.868
Unlawful labeling of a sound recording
164.869
Unlawful recording of a live performance
164.872
Unlawful labeling of a videotape recording
164.873
Exemptions from ORS 164.865, 164.868, 164.869, 164.872 and 164.875
164.875
Unlawful videotape recording
164.882
Unlawful operation of an audiovisual device
164.885
Endangering aircraft
164.886
Unlawful tree spiking
164.887
Interference with agricultural operations
164.889
Interference with agricultural research
Green check means up to date. Up to date