Offenses Against Property
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;
(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]
Law Review Citations
51 OLR 427-637 (1972)