Application, Administration and Enforcement of Wildlife Laws

ORS 496.620
Nonliability of law enforcement officers

No person authorized to enforce the wildlife laws shall suffer any civil liability for the enforcement or attempted enforcement of any provisions of the wildlife laws or for the exercise or attempted exercise of any of the duties or privileges granted to or imposed by law upon the State Fish and Wildlife Commission or such persons. [Amended by 1971 c.658 §11; 1973 c.723 §20]

Notes of Decisions

Immunity is subject to requirement that person act in good-faith belief that person is enforcing game laws or exercising duties or privileges. Dickens v. DeBolt, 288 Or 3, 602 P2d 246 (1979)

To rely on immunity defense under ORS 30.265, agency must show that employees instituting action were authorized to enforce wildlife laws and were acting pursuant to that authorization. Franke v. State Department of Fish and Wildlife, 166 Or App 660, 2 P3d 921 (2000)

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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