ORS 498.022
Purchase, sale, exchange or possession of wildlife or wildlife parts or products

  • rules
  • penalty

(1)

Except as the State Fish and Wildlife Commission by rule may provide otherwise, but subject to subsection (2) of this section, a person may not purchase, sell or exchange, or offer to purchase, sell or exchange any wildlife, or any part of any wildlife.

(2)

Intentionally left blank —Ed.

(a)

Except as provided in paragraphs (b) and (c) of this subsection, and notwithstanding any other provision of law, or rule enacted pursuant to subsection (1) of this section, a person may not purchase, sell, offer for sale or possess with intent to sell any item that the person knows or should know is a covered animal species part or product.

(b)

This subsection does not apply:

(A)

To employees or agents of the federal or state government undertaking any law enforcement activities pursuant to federal or state law or any mandatory duties required by federal or state law;

(B)

When the activity is expressly authorized by federal law;

(C)

When the activity involves a species that is subject to a federal management plan under Title III of P.L. 94-265 (16 U.S.C. 1851 to 1869), as amended;

(D)

When the activity is exempt under ORS 498.257 (Prohibition on possession, sale, trade or distribution of shark fins) (3) or 509.160 (Prohibition on possession, sale, trade or distribution of shark fins) (3);

(E)

When the covered animal species part or product is a fixed component of an antique that is not made wholly or primarily of the covered animal species part or product, provided that the antique status is established by the owner or seller of the antique with documentation evidencing provenance and showing the covered animal species part or product to be not less than 100 years old and provided that the total weight of the covered animal species part or product is less than 200 grams;

(F)

When the covered animal species part or product is a fixed component of a musical instrument, including, but not limited to, string instruments and bows, wind and percussion instruments and pianos, provided that the covered animal species part or product was legally acquired and provided that the total weight of the covered animal species part or product is less than 200 grams;

(G)

To the noncommercial transfer of ownership of a covered animal species part or product to a legal beneficiary of an estate, trust or other inheritance;

(H)

To the possession of a covered animal species part or product by any enrolled member of a federally recognized Indian tribe; or

(I)

To the sale of a covered animal species part or product by or to a bona fide scientific or educational institution when the sale is made pursuant to a written gift agreement or similar instrument entered into before July 1, 2017.

(c)

Intentionally left blank —Ed.

(A)

Unless otherwise prohibited by federal law, the State Department of Fish and Wildlife may permit the purchase, sale or donation of a lawfully acquired covered animal species part or product by or to a bona fide scientific or educational institution for scientific or educational purposes on or after July 1, 2017.

(B)

For each covered animal species part or product that is purchased, sold or donated under this paragraph, the bona fide scientific or educational institution shall:
(i)
Keep documentation from the transaction detailing the type of part or product acquired and the source of the part or product; and
(ii)
Provide the department with a copy of the documentation described in sub-subparagraph (i) of this subparagraph.

(d)

There is a presumption of possession with intent to sell a covered animal species part or product when the part or product is possessed by a retail or wholesale establishment or other forum engaged in the business of buying or selling of similar items. This rebuttable presumption does not preclude a finding of intent to sell based on any other evidence that may serve to independently establish such intent.

(e)

Each violation of this subsection is punishable by a civil penalty not to exceed $6,500 or an amount equal to two times the total value of the covered animal species part or product that is the subject of the violation, whichever is higher. The civil penalty authorized by this paragraph shall be imposed in the manner provided by ORS 183.745 (Civil penalty procedures).

(f)

Any covered animal species part or product that is subject to seizure by or forfeiture to the department may not be sold by the department.

(g)

The commission may adopt rules necessary for the implementation of this subsection, including rules restricting the purchase, sale, offer for sale or possession with intent to sell of parts or products of any animal species that so closely resemble in appearance parts or products of a covered animal species that law enforcement personnel would have substantial difficulty in attempting to differentiate between the species.

(h)

As used in this subsection:

(A)

“Bona fide scientific or educational institution” means:
(i)
A career school granted authority to operate under ORS 345.010 (Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997) to 345.450 (Annual inspection fee);
(ii)
A community college established under ORS chapter 341;
(iii)
An education service district as defined in ORS 334.003 (Definitions for chapter);
(iv)
The Oregon Health and Science University;
(v)
A public high school;
(vi)
A public university listed in ORS 352.002 (Public universities);
(vii)
Any institution not otherwise listed in this subparagraph that is exempt from ORS 348.594 (Definitions for ORS 348.594 to 348.615) to 348.615 (Appeal procedure) under ORS 348.597 (Applicability of ORS 348.594 to 348.615) (2); or
(viii)
A zoo or aquarium that is accredited under standards that equal or exceed the accreditation standards of the Association of Zoos and Aquariums in effect on May 18, 2017.

(B)

“Covered animal species” means any species of:
(i)
Elephant;
(ii)
Rhinoceros;
(iii)
Whale;
(iv)
Tiger;
(v)
Lion;
(vi)
Leopard;
(vii)
Cheetah;
(viii)
Jaguar;
(ix)
Pangolin;
(x)
Sea Turtle;
(xi)
Shark (excluding spiny dogfish as defined in ORS 498.257 (Prohibition on possession, sale, trade or distribution of shark fins)); or
(xii)
Ray.

(C)

“Covered animal species part or product” means any item that contains, or is wholly or partially made from, any covered animal species.

(D)

“Person” means any individual, firm, partnership, joint venture, corporation, limited liability company, joint stock company, estate, trust, receiver, syndicate, association or other legal entity.

(E)

“Sale” or “sell” means any act of selling, trading or bartering for monetary or nonmonetary consideration and includes any transfer of ownership that occurs in the course of a commercial transaction, but does not include a nonmonetary transfer of ownership by way of gift, donation or bequest.

(F)

“Total value” means either the fair market value or the actual price paid for a covered animal species part or product, whichever is greater. [1973 c.723 §77; 2017 c.3 §2; 2017 c.107 §1]

Source: Section 498.022 — Purchase, sale, exchange or possession of wildlife or wildlife parts or products; rules; penalty, https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html.

Notes of Decisions

Where tribal law is similar to state law, state law does not discriminate against treaty hunters who take and sell wildlife. State v. Bronson, 122 Or App 493, 858 P2d 467 (1993)

498.002
Wildlife as state property 498.006
Chasing or harassing wildlife prohibited 498.012
Taking wildlife causing damage, posing public health risk or that is public nuisance 498.014
Taking of wolves by State Department of Fish and Wildlife to address chronic depredation 498.016
Taking crippled or helpless wildlife 498.018
Commercial cervid attractants 498.019
Purchase, sale or exchange of hides, antlers and other parts of deer, elk and antelope 498.021
Short title 498.022
Purchase, sale, exchange or possession of wildlife or wildlife parts or products 498.026
Transaction in threatened or endangered wildlife species prohibited 498.029
Purchase, sale or exchange of fox, skunk or raccoon prohibited 498.032
Angling or hunting for compensation in violation of wildlife laws or rules prohibited 498.036
Possession in field of skinned or plucked wildlife prohibited 498.042
Removal of parts of wildlife and waste of wildlife prohibited 498.046
Making toxic substances accessible to wildlife prohibited 498.048
Devices propelling cyanide 498.052
Releasing domestically raised or imported wildlife without permit prohibited 498.056
Aiming rifle from moving motor vehicle prohibited 498.102
Use of dogs to hunt or track game mammals or birds 498.106
Competitive field trials for hunting dogs 498.112
Use of live birds for competitive shooting prohibited 498.120
Hunting on another’s cultivated or enclosed land 498.126
Hunting or assisting others to hunt or locate game animals or birds by aircraft prohibited 498.128
Use of drones for pursuit of wildlife prohibited 498.136
Hunting from motor-propelled vehicle restricted 498.142
Hunting with artificial light restricted 498.146
Shining artificial light on game mammal, predatory animal or livestock while in or near motor vehicle and while in possession of weapon restricted 498.152
Agreements restricting parking or use of motor vehicles on certain lands 498.153
Parking vehicle in violation of restrictions 498.154
Notice adequate to charge defendant 498.155
Failure to appear 498.158
Hunting or trapping wildlife in certain governmental districts restricted 498.164
Use of dogs or bait to hunt black bears or cougars 498.166
Bears or cougars posing threat to human safety 498.170
Hunters who have a visual impairment 498.172
Trap check requirements 498.180
Sale of hunts for feral swine prohibited 498.182
Knowingly allowing feral swine to roam on certain lands prohibited 498.208
Use of electricity or foreign substances to take game fish prohibited 498.216
Angling from fishways restricted 498.222
Transportation or release of fish without permit prohibited 498.228
Possession of fish taken outside state restricted 498.234
Protection of finfish and shellfish from introduction of disease 498.242
Possession of walking catfish and piranha restricted 498.247
Protection of juvenile salmonids from cormorants 498.257
Prohibition on possession, sale, trade or distribution of shark fins 498.279
Black bass and walleye angling contests 498.286
Prize limitation 498.301
Policy 498.306
Screening or by-pass devices for water diversions 498.316
Exemption from screening or by-pass devices 498.321
Screening or by-pass standards 498.326
Department guidelines for screening and by-pass projects 498.336
Statutes not construed to limit ability to acquire funding for screening or by-pass devices 498.341
Additional funding 498.346
Injunction to require compliance with screening or by-pass requirements 498.400
Definitions for ORS 498.400 to 498.464 498.406
License to operate certain outdoor clubs required 498.412
Application of ORS 498.406 498.418
License application 498.424
Report to commission required 498.432
Notice to applicant upon receipt of license application 498.438
Investigatory power of commission over outdoor clubs required to be licensed 498.444
Information developed in licensing process as public record 498.452
Grounds for denial or revocation of license 498.458
Term of license 498.464
Commission authority to restrain violations of outdoor club laws 498.500
Mitigation of adverse effects on core area habitat 498.502
Actions that affect core area habitat 498.504
Sage Grouse Mitigation Program In-Lieu Fee Fund 498.825
Oregon Hatchery Research Center Board 498.827
Duties of Oregon Hatchery Research Center Board 498.829
Officers 498.831
Oregon Hatchery Research Center 498.833
Oregon Hatchery Research Center 498.850
Disposition of hatchery-produced fish carcasses 498.993
Penalty for violation of outdoor club laws
Green check means up to date. Up to date

Current through early 2024

§ 498.022’s source at oregon​.gov