ORS 496.705
Damage suits for unlawful killing of wildlife

  • exception
  • jurisdiction of courts

(1)

The State Fish and Wildlife Commission may institute suit for the recovery of damages for the unlawful taking or killing of any of the wildlife referred to in subsection (2) of this section that are the property of the state.

(2)

Intentionally left blank —Ed.

(a)

The damages referred to in subsection (1) of this section are as follows:

(A)

Each game mammal other than moose, mountain sheep, mountain goat, elk, gray wolf, black bear, cougar or silver gray squirrel, or deer or antelope described in subparagraphs (D) and (E) of this paragraph, $1,000.

(B)

Each moose, mountain sheep or mountain goat, other than those described in subparagraphs (F), (G) and (H) of this paragraph, $10,000.

(C)

Each elk, other than those described in subparagraph (I) of this paragraph, $5,000.

(D)

Each deer with at least four points on one antler, gray wolf, black bear or cougar, $7,500.

(E)

Each antelope with at least one horn equal to or greater than 14 inches, $7,500.

(F)

Each moose with antlers, $50,000.

(G)

Each mountain sheep that has at least one horn equal to or greater than one half curl, $50,000.

(H)

Each mountain goat that has at least one horn equal to or greater than six inches, $50,000.

(I)

Each elk with at least six points on one antler, $15,000.

(J)

Each silver gray squirrel, $100.

(K)

Each game bird other than wild turkey or sage grouse, $20.

(L)

Each wild turkey or sage grouse, $1,000.

(M)

Each game fish other than salmon, steelhead trout, halibut or sturgeon, $25.

(N)

Each sturgeon other than those specified in subparagraph (O) of this paragraph, salmon, steelhead trout or halibut, $750.

(O)

Each oversized sturgeon, as specified by the commission by rule, $5,000.

(P)

Each fur-bearing mammal other than bobcat or fisher, $100.

(Q)

Each bobcat or fisher, $700.

(R)

Each specimen of any wildlife species whose survival is specified by the wildlife laws or the laws of the United States as threatened or endangered, $2,500.

(S)

Each specimen of any wildlife species otherwise protected by the wildlife laws or the laws of the United States, but not otherwise referred to in this subsection, $50.

(T)

Each bald eagle, golden eagle, goshawk, osprey, peregrine falcon or any other raptor listed as a threatened species or an endangered species by the commission by rule, $5,000.

(U)

Each raptor except those specified in subparagraph (T) of this paragraph, $2,000.

(b)

For purposes of this subsection:

(A)

A point must be at least one inch, measured from the main beam of the antler to the tip of the point.

(B)

Horn length must be measured from the base of the hairline to the tip of the horn.

(3)

In any such action, the court shall award to the prevailing party, in addition to costs and disbursements, reasonable attorney fees.

(4)

Such civil damages shall be in addition to other penalties prescribed by the wildlife laws for the unlawful taking or killing of wildlife.

(5)

Any circuit or justice court has jurisdiction to try any case for the recovery of damages for the unlawful taking or killing of any of the wildlife as provided by this section.

(6)

Each taking or killing of a single animal referred to in subsection (2) of this section constitutes a separate unlawful taking or killing for purposes of this section.

(7)

Subject to ORS 496.690 (Possession of wildlife as evidence of illegal taking), this section does not apply to the unintentional taking or killing of wildlife incident to an otherwise lawful activity. [Amended by 1961 c.343 §4; 1969 c.302 §1; 1973 c.723 §32; 1981 c.108 §1; 1995 c.658 §106; 2003 c.98 §1; 2009 c.778 §3; 2011 c.363 §1; 2016 c.37 §1]

Source: Section 496.705 — Damage suits for unlawful killing of wildlife; exception; jurisdiction of courts, https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html.

Notes of Decisions

The phrase “knowingly unlawful killing” in this statute imports a standard of intent to cause a killing of fish and does not establish a standard of negligence. State ex rel State Game Comm. v. Gold Hill Irr. Dist., 18 Or App 99, 523 P2d 1287 (1974), Sup Ct review denied

Where defendant was charged with unlawful possession of raptor under ORS 498.002 for having dead red-tailed hawk in freezer, trial court erred in ordering defendant to pay restitution based on damages under this section, which does not supply values of wildlife for purposes of assessing restitution under ORS 137.106. State v. Shockey, 285 Or App 718, 398 P3d 444 (2017)

496.002
Short title 496.004
Definitions 496.007
“Game bird” defined 496.009
“Game fish” defined 496.012
Wildlife policy 496.016
Applicability of wildlife laws to commercial fishing laws 496.018
Person with disability under wildlife laws 496.080
State Department of Fish and Wildlife 496.085
Fish Screening Task Force 496.090
State Fish and Wildlife Commission 496.108
Commission officers 496.112
State Fish and Wildlife Director 496.116
Delegation of rulemaking authority to director 496.118
Duties and powers of director 496.121
Authority of department to require fingerprints 496.124
Fish Division 496.128
Reports by commission 496.138
Commission policies and programs 496.141
Fish screening program report 496.146
Additional powers of commission 496.148
Payment by credit card 496.151
Allocation of nonresident tags for outfitters and guides 496.154
Limitation on authority to condemn certain farm use property 496.156
Expenditure priority for anadromous fish management 496.158
Oregon Landowner Damage Program 496.162
Establishing seasons, amounts and manner of taking wildlife 496.164
Cooperation with public and private agencies for fish and wildlife management 496.167
Department recompensable assistance to agencies 496.168
Estimated expenses for recompensable assistance 496.169
Citizen involvement for wildlife management on private lands 496.171
Definitions for ORS 496.171 to 496.182 496.172
Commission management authority for threatened or endangered species 496.176
Listing species 496.182
Protection and conservation programs 496.192
Effect of law on commercial forestland or other private land 496.201
Department to furnish salmon for ceremonies 496.206
Written request for salmon 496.211
Limitation on amount and use 496.216
Disposition of salmon remaining after ceremony 496.221
ORS 496.201 to 496.221 not intended to extend Indian legal or political rights 496.228
Access and Habitat Board 496.232
Board to make program recommendations 496.236
Advisory councils to board 496.242
Access and habitat program funds 496.246
Use of public lands for hunting 496.252
Oregon Conservation and Recreation Fund 496.254
Oregon Conservation and Recreation Advisory Committee 496.264
Findings 496.266
Environmental restoration weirs 496.270
Immunity from liability for damages resulting from habitat or water quality improvement project 496.272
Wildlife Corridor Action Plan 496.273
Agency assistance and advice regarding plan 496.275
Salmon resource protection and restoration 496.280
Findings 496.283
Use of certain moneys 496.286
Restoration and Enhancement Board 496.289
Duties of board 496.291
Advisory councils 496.300
State Wildlife Fund 496.303
Fish and Wildlife Account 496.306
Compensation for damage done by bear and cougar not to be paid from State Wildlife Fund 496.311
Limitation on size of revolving fund 496.340
Payments to counties in lieu of taxes 496.350
Willamette River Basin Bonneville Power Administration Stewardship Fund 496.375
“Nongame wildlife” defined 496.385
Nongame Wildlife Fund 496.390
Control over fund by department 496.430
Definitions for ORS 496.430 and 496.435 to 496.455 496.435
Policy to recover and sustain native stocks 496.440
Enhancement program to be conducted by commission 496.445
Duties of commission 496.450
Application for project 496.455
Use of native stocks for projects 496.458
Remote hatchbox program 496.460
Salmon and Trout Enhancement Program Advisory Committee 496.465
Interference with project prohibited 496.470
Natural production of anadromous fish 496.475
Adoption of basin plans 496.480
Reports on basin plans 496.490
Fishing tackle program 496.510
Assent to federal wildlife-restoration statute 496.525
Federal fish restoration and management aid 496.550
Migratory waterfowl stamps 496.555
Contract on migratory waterfowl stamp matters 496.558
“Upland bird” defined 496.562
Policy 496.566
Contest for stamp design 496.571
Habitat conservation stamp 496.605
Enforcement of wildlife laws by State Fish and Wildlife Director, deputies and peace officers 496.610
State police to enforce wildlife laws 496.615
Commission employees to supplement state police 496.620
Nonliability of law enforcement officers 496.630
District attorneys to prosecute criminal cases 496.640
Service of process by law enforcement personnel 496.645
Arrest without warrant of violators 496.650
Issuance of citation to violator 496.665
Issuance of search warrants 496.670
Arrests made on Sunday 496.675
Seizure without warrant by law enforcement personnel 496.680
Seizure of unlawful devices and unlawfully taken wildlife 496.690
Possession of wildlife as evidence of illegal taking 496.695
Counseling, aiding or sharing in violation 496.700
Investigating violations 496.705
Damage suits for unlawful killing of wildlife 496.710
Compelling testimony in enforcement proceedings 496.716
Wildlife inspection stations 496.730
Legislative intent 496.731
Written notification requiring removal of attractant for potentially habituated wildlife 496.750
Wildlife Law Violator Compact 496.815
Definitions for ORS 496.815 to 496.825 496.820
Permit or license fee 496.825
Application fee 496.830
Penalty fee 496.835
Oregon Fish and Wildlife Hydroelectric Fund 496.850
Community outreach and education regarding recreational harvesting of shellfish 496.992
Penalties 496.994
Obstructing the taking of wildlife prohibited 496.996
Attempts to take wildlife decoy as unlawful wildlife taking
Green check means up to date. Up to date

Current through early 2024

§ 496.705’s source at oregon​.gov