Hunting, Angling and Trapping Regulations

ORS 498.002
Wildlife as state property

  • taking, angling, hunting or trapping in violation of wildlife law or rules prohibited


(1)

Wildlife is the property of the state. No person shall angle for, take, hunt, trap or possess, or assist another in angling for, taking, hunting, trapping or possessing any wildlife in violation of the wildlife laws or of any rule promulgated pursuant thereto.

(2)

No person shall angle for, take, hunt or trap, or assist another in angling for, taking, hunting or trapping any wildlife while intentionally violating ORS 164.245 (Criminal trespass in the second degree) to 164.270 (Closure of premises to motor-propelled vehicles) or 498.120 (Hunting on another’s cultivated or enclosed land). [1973 c.723 §73; 1993 c.440 §1; 2003 c.656 §10]

See also annotations under ORS 498.005 in permanent edition.

Notes of Decisions

Where defendant is charged with illegal killing of buck deer, in violation of rule promulgated pursuant to wildlife laws, state must prove that person committed proscribed act with culpable mental state. State v. Holt, 297 Or 203, 681 P2d 1158 (1984)

Culpable mental state for criminal liability for constructive possession of wildlife under this section is "knowledge." State v. Jones, 82 Or App 388, 728 P2d 100 (1986)

Animals other than birds and mammals need not be untamed or living in state of nature to qualify as "wildlife." State v. Couch, 341 Or 610, 147 P3d 322 (2006)

Wildlife that is acquired from licensed holders in Oregon, legally imported from out of state or born in captivity is property of state. Simpson v. Department of Fish and Wildlife, 242 Or App 287, 255 P3d 565 (2011)

State's property interest in wildlife is as sovereign for benefit and in trust for people, not as owner with proprietary or possessory interest. Simpson v. Department of Fish and Wildlife, 242 Or App 287, 255 P3d 565 (2011)

Chapter 498

Notes of Decisions

Sufficiency of uniform game citation is governed by [former] ORS 153.720, not by statutes applicable to indictments. State v. Herrera, 152 Or App 22, 952 P2d 566 (1998)


Source

Last accessed
Jun. 26, 2021