Application, Administration and Enforcement of Wildlife Laws

ORS 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 (State Fish and Wildlife Commission).

(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 (State Department of Fish and Wildlife).

(5)

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

(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 (State Wildlife Fund).

(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, silver gray squirrel and gray wolf as a special status mammal defined by commission rule.

(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 (Person with disability under wildlife laws).

(14)

“Shellfish” has the meaning given that term in ORS 506.011 (Types of marine life defined).

(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, amphibians and reptiles, feral swine as defined by State Department of Agriculture rule, wild birds as defined by commission rule and other wild mammals as defined by commission rule. [1973 c.723 §3; 1975 c.253 §5; 1977 c.136 §1; 1979 c.399 §1; 1979 c.615 §1a; 1985 c.60 §7; 1987 c.686 §1; 1991 c.67 §148; 1993 c.659 §1; 1999 c.25 §3; 2001 c.125 §1; 2003 c.656 §1; 2007 c.523 §1; 2009 c.778 §1]

Notes of Decisions

Gutting and dressing deer killed by another is not hunting. State v. Hoygaard, 59 Or App 473, 651 P2d 168 (1982)

Atty. Gen. Opinions

Activities and services constituting "guiding" services within meaning of this section, (1978) Vol 39, p 359; jurisdiction of Fish and Wildlife Commission over nonindigenous wildlife, (1979) Vol 39, p 728; jurisdiction of Fish and Wildlife Commission over nonindigenous wildlife, (1994) Vol 47, p 169, overruling in part (1979) Vol 39, p 728

Chapter 496

Notes of Decisions

Fish and Wildlife Commission has statutory authority to provide by rule for is suance of special ceremonial hunting permits for specific tribes that are not otherwise allowed under hunting and fishing agreement between federal and state governments and that tribe. Confederated Tribes of Siletz Indians of Oregon v. Department of Fish and Wildlife, 244 Or App 535, 260 P3d 705 (2011)

Atty. Gen. Opinions

Commission authority to restrict use of boat ramp it locates on state land, (1971) Vol 35, p 900

Source

Last accessed
Jun. 26, 2021

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