Application, Administration and Enforcement of Wildlife Laws

ORS 496.232
Board to make program recommendations

  • commission approval
  • report
  • fund expenditure qualifications
  • gifts and grants


The Access and Habitat Board shall meet, adopt and recommend to the State Fish and Wildlife Commission, within 120 days after November 4, 1993, and at not more than 120-day intervals thereafter, access and habitat programs.


The commission shall review such programs and may approve or disapprove the program recommendation by the board. Funds may be expended from the subaccount referred to in ORS 496.242 (Access and habitat program funds) for projects that have been approved by the commission.


The State Department of Fish and Wildlife and the board jointly shall submit to each odd-numbered year regular session of the Legislative Assembly a report on expenditure of funds for the access and habitat programs and on the status of various projects.


In recommending access and habitat programs, the board shall:


Recommend a mix of projects that provides a balance between access and habitat benefits.


Recommend projects that are to be implemented by volunteers under volunteer coordinators and nonprofit organizations engaged in approved access and habitat activities.


Recommend programs that recognize and encourage the contributions of landowners to wildlife and programs that minimize the economic loss to those landowners.


Encourage agreements with landowners who request damage control hunts to ensure public access to those hunts.


Encourage projects that result in obtaining matching funds from other sources.


All moneys made available for the access and habitat programs under ORS 497.104 (Access and habitat program funding) and from gifts and grants made to carry out the access and habitat programs may be expended only if the board so recommends and the commission so approves. Such amounts may be expended:


On programs that benefit wildlife by improving habitat. These programs shall be in coordination with the Wildlife Division and shall be in addition to programs provided by federal funds. These programs may:


Be on private lands.


Provide seed and fertilizer to offset forage consumed by wildlife and for other programs that enhance forage.


Be adjacent to agricultural and forest land to attract animals from those crops.


On programs that promote access to public and private lands:


Through contracting for various levels of management of these lands. These management programs may include:


Creating hunting lease programs that provide access at present levels or stimulate new access.


Controlling access.
(iii) Opening vehicle access.


Promoting land exchanges.


Promoting proper hunting behavior.


Through the acquisition of easements.


On programs that would provide for wildlife feeding to alleviate damage, to intercept wildlife before wildlife becomes involved in a damage situation and for practical food replacement in severe winters.


On programs to coordinate volunteers to improve habitat, repair damage to fences or roads by wildlife or recreationists, monitor orderly hunter utilization of public and private lands and assist the Oregon State Police in law enforcement activities.


On programs that provide for auction or raffle of tags to provide incentives for habitat or access.


The board may accept, from whatever source, gifts or grants for the purposes of access and habitat. All moneys so accepted shall be deposited in the subaccount referred to in ORS 496.242 (Access and habitat program funds). Unless otherwise required by the terms of a gift or grant, gifts or grants shall be expended as provided in subsection (5) of this section. [1993 c.659 §16; 2005 c.22 §369; 2009 c.778 §1a; 2011 c.545 §59; 2015 c.779 §18]
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


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Jun. 26, 2021