ORS 496.146
Additional powers of commission
- rules
- fees
- penalties
(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 spouses in a marriage, parents, brothers, brothers-in-law, sisters, sisters-in-law, sons, sons-in-law, daughters, daughters-in-law, 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. No fee or user charge prescribed by the commission pursuant to this subsection shall exceed $250.(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 $1,000 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 (Wildlife policy). 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. In establishing the preference system, the commission shall consider giving additional preference points to persons who have been issued a resident annual pioneer combination license pursuant to ORS 497.132 (Combined licenses for residents) or resident disabled veteran hunting license under ORS 497.102 (Hunting licenses and permits).(18)
May sell advertising in State Department of Fish and Wildlife publications, including annual hunting and angling regulation publications.(19)
May, notwithstanding the fees required by ORS 497.112 (Hunting tags), provide free hunting tags to an organization that sponsors hunting trips for terminally ill children. Except as provided under ORS 497.116 (Dedication of certain tags for qualified veteran use), the State Department of Fish and Wildlife may not issue more than 15 tags annually under this subsection.(20)
Shall, after consultation with the State Department of Agriculture, adopt rules prohibiting the use of the World Wide Web, other Internet protocols or broadcast or closed circuit media to remotely control a weapon for the purpose of hunting any game bird, wildlife, game mammal or other mammal. The rules may exempt the State Department of Fish and Wildlife or agents of the department from the prohibition.(21)
May adopt rules establishing a schedule of civil penalties, not to exceed $6,500 per violation, for violations of provisions of the wildlife laws or rules adopted by the commission under the wildlife laws. Civil penalties established under this subsection must be imposed in the manner provided by ORS 183.745 (Civil penalty procedures) and must be deposited in the State Wildlife Fund established under ORS 496.300 (State Wildlife Fund).(22)
May by rule impose a surcharge not to exceed $25 for the renewal of a hunting license on any person who fails to comply with mandatory hunting reporting requirements. Amounts collected as surcharges under this subsection must be deposited in the State Wildlife Fund established under ORS 496.300 (State Wildlife Fund).(23)
Intentionally left blank —Ed.(a)
May by rule establish annual and daily Columbia Basin salmon, steelhead and sturgeon recreational fishing endorsements with a fee not to exceed $9.75 per annual license and $1 per day per daily license. An endorsement is required to fish for salmon, steelhead or sturgeon in portions of the Columbia Basin as designated by rule and is in addition to and not in lieu of angling licenses and tags required under the wildlife laws. Amounts collected as fees under this subsection must be deposited in the Columbia River Fisheries Enhancement Fund established under section 7, chapter 672, Oregon Laws 2013.(b)
Notwithstanding paragraph (a) of this subsection, if the commission adopts rules that decrease fishery impacts or the share of salmon allocated to Columbia River recreational fisheries or that expand the areas and seasons where nontribal gillnets are permitted in mainstem lower Columbia River nontribal fisheries as compared to regulatory restrictions in place from 2017 to 2020, the commission may not require or collect the endorsements, beginning in the following calendar year.(24)
May by rule establish multiyear licenses and may prescribe fees for such licenses. Fees prescribed by the commission for multiyear licenses may provide for a discount from the annual license fees that would otherwise be payable for the period of time covered by the multiyear license.(25)
May by rule establish a program to offer unique fishing opportunities through drawings, raffles or auctions and charge application and participation fees for the program. [1973 c.723 §13; 1977 c.177 §1; 1977 c.668 §1; 1981 c.445 §9; 1987 c.292 §2; 1993 c.659 §8; 1999 c.25 §4; 2001 c.253 §1; 2003 c.656 §2; 2005 c.365 §1; 2007 c.338 §1; 2009 c.778 §2; 2011 c.521 §1; 2013 c.236 §1; 2013 c.363 §7; 2013 c.672 §§9,10; 2015 c.629 §§51,52; 2015 c.779 §§7,8; 2018 c.100 §§3,4; 2019 c.82 §§1,2; 2021 c.169 §3](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 spouses in a marriage, parents, brothers, brothers-in-law, sisters, sisters-in-law, sons, sons-in-law, daughters, daughters-in-law, 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. No fee or user charge prescribed by the commission pursuant to this subsection shall exceed $250.(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 $1,000 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 (Wildlife policy). 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. In establishing the preference system, the commission shall consider giving additional preference points to persons who have been issued a resident annual pioneer combination license pursuant to ORS 497.132 (Combined licenses for residents) or resident disabled veteran hunting license under ORS 497.102 (Hunting licenses and permits).(18)
May sell advertising in State Department of Fish and Wildlife publications, including annual hunting and angling regulation publications.(19)
May, notwithstanding the fees required by ORS 497.112 (Hunting tags), provide free hunting tags to an organization that sponsors hunting trips for terminally ill children. Except as provided under ORS 497.116 (Dedication of certain tags for qualified veteran use), the State Department of Fish and Wildlife may not issue more than 15 tags annually under this subsection.(20)
Shall, after consultation with the State Department of Agriculture, adopt rules prohibiting the use of the World Wide Web, other Internet protocols or broadcast or closed circuit media to remotely control a weapon for the purpose of hunting any game bird, wildlife, game mammal or other mammal. The rules may exempt the State Department of Fish and Wildlife or agents of the department from the prohibition.(21)
May adopt rules establishing a schedule of civil penalties, not to exceed $6,500 per violation, for violations of provisions of the wildlife laws or rules adopted by the commission under the wildlife laws. Civil penalties established under this subsection must be imposed in the manner provided by ORS 183.745 (Civil penalty procedures) and must be deposited in the State Wildlife Fund established under ORS 496.300 (State Wildlife Fund).(22)
May by rule impose a surcharge not to exceed $25 for the renewal of a hunting license on any person who fails to comply with mandatory hunting reporting requirements. Amounts collected as surcharges under this subsection must be deposited in the State Wildlife Fund established under ORS 496.300 (State Wildlife Fund).(23)
May by rule establish multiyear licenses and may prescribe fees for such licenses. Fees prescribed by the commission for multiyear licenses may provide for a discount from the annual license fees that would otherwise be payable for the period of time covered by the multiyear license.(24)
May by rule establish a program to offer unique fishing opportunities through drawings, raffles or auctions and charge application and participation fees for the program.(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)
Subject to subsection (6) of this section, 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.(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 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 may be transferred to a person of the landowner’s choosing as follows:(a)
A landowner who is issued only one tag may not transfer that tag.(b)
A landowner who is issued two or more tags may transfer not more than 50 percent of the tags to a person who is not an immediate family member, as defined in ORS 496.146 (Additional powers of commission) (4). If the calculation of the number of tags eligible for transfer under the provisions of this paragraph results in a fraction, the commission shall round up the number of tags to the next whole number.(7)
Intentionally left blank —Ed.(a)
As specified pursuant to a formula determined by the commission by rule, the number of landowner preference tags issued for mule deer must be based upon the management, research and habitat needs set forth in the wildlife management plan for mule deer.(b)
If the population of mule deer in a wildlife management unit is greater than the goal specified in the wildlife management plan for mule deer, a landowner who is issued a landowner preference tag is eligible, pursuant to criteria established by rule of the commission, for the number of tags that corresponds to the number of acres that landowner has registered with the State Department of Fish and Wildlife for participation in the program.(c)
The commission may specify by rule a formula for determining the number of landowner preference tags that are available for controlled hunts for mule deer in a wildlife management unit in which the population of mule deer is less than the goal specified for that wildlife management unit in the wildlife management plan for mule deer.(8)
Landowners shall pay the applicable fee under ORS 497.061 (License, tag and permit fee schedule) to register for participation in the program.(9)
A landowner shall pay the applicable fee under ORS 497.061 (License, tag and permit fee schedule) to modify the landowner’s tag distribution. [1995 c.460 §2; 2001 c.227 §1; 2009 c.349 §1; 2009 c.832 §2a; 2013 c.363 §1; 2015 c.779 §10; 2021 c.208 §1]
Source:
Section 496.146 — Additional powers of commission; rules; fees; penalties, https://www.oregonlegislature.gov/bills_laws/ors/ors496.html.
See also annotations under ORS 496.175, 496.185, 496.235, 496.405, 496.410 and 496.505 in permanent edition.
Notes of Decisions
This provision does not limit Fish and Wildlife Commission’s broad statutory authority to promulgate rules that commission considers necessary and proper to implement wildlife policies. Confederated Tribes of Siletz Indians of Oregon v. Department of Fish and Wildlife, 244 Or App 535, 260 P3d 705 (2011)
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