Sources: Oregon Revised Statutes Annotated, 1953, Chapters 496, 497, 498 and 501; 1992 Supplement Part 9.
STATE WILDLIFE POLICY
It is the policy of the state that wildlife shall be managed to provide optimum recreational and aesthetic benefits for present and future generations of citizens. In furtherance of this policy, the goals of wildlife management are to: maintain all species of wildlife at optimum levels and prevent the serious depletion of indigenous species; develop and manage the lands and waters of this state in a manner that will enhance the production and public enjoyment of wildlife; permit orderly and equitable utilization of available wildlife; develop and maintain public access to state lands and waters and wildlife resources; regulate wildlife populations and the public enjoyment of wildlife in a manner compatible with primary uses of state lands and waters and providing optimum public recreational benefits (496.012). Consistent with other provisions of law, it is declared to be a goal of the state to restore native stocks of salmon and trout to their historic levels of abundance by engaging in a program to rehabilitate and improve natural habitat and native stocks, and insuring that harvest level does not exceed capacity of stocks to reproduce (496.435).
The Legislative Assembly finds it imperative that the wildlife resources of the state be augmented to a level sufficient to provide Oregonians the recreational benefits of hunting and angling, an abundance of wildlife, and the reasonable expectation that their efforts will result in the taking of game or fish. The intent of this legislation is to provide adequate revenue to the Commission whereby game mammal herds and game fish populations may be increased for the benefit of Oregon hunters and anglers. Concomitant with the purposes for which the Legislative Assembly approves this legislation, the Commission is directed to expend the revenues created by this section and 497.102 to 497.134 in achieving wildlife management objectives including, but not limited to: habitat management; predator control; replenishing fish and game populations; reducing the anadromous bag limit; adjusting seasons to protect returning anadromous adults; supplemental wildlife feeding; protecting game mammals and birds with characteristics of high reproductive potential; enforcing closings necessitated by herd or population depletion; Expanding the road and access closure program when necessary to reduce hunting pressure in specific areas (497.071).
PROTECTED SPECIES OF WILDLIFE
In carrying out provisions for management of threatened or endangered species, the Commission shall: conduct investigations of native wildlife species and determine whether threatened or endangered; by rule establish, publish, and periodically revise a list of threatened or endangered species; by rule establish programs for protection and conservation of threatened or endangered species, "conservation" is using procedures to bring a species to the point at which the measures under 496.172 to 496.182 are no longer necessary, including but not limited to scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation and transplantation; by rule, establish a system of permits for scientific taking of threatened and endangered species which will minimize impact on the species; cooperate with the State Department of Agriculture in carrying out applicable provisions; adopt administrative rules to carry out statutory provisions; set priorities for establishing programs under this section. In proposing and implementing programs for those species that are secure outside this state, the Commission shall give preference to cooperative agreements, acquisitions and similar methods (496.172).
Lists of threatened or endangered species shall include those listed as of May 15, 1987 pursuant to the federal Endangered Species Act; and those species determined as of May 15, 1987 by the Commission to be threatened or endangered. The Commission by rule, may add, remove or change the status of a species on either list (496.176).
A determination that a species is threatened or endangered shall be based on documented and verifiable scientific information. To list a species, the Commission shall determine that the natural reproductive potential of the species is in danger of failure due to limited population numbers, disease, predation or other natural or man-made factors affecting its continued existence. In addition, the Commission shall determine that one or more of the following factors exists: most populations are undergoing imminent or active deterioration of their range or primary habitat; overutilization for commercial, recreational, scientific or educational purposes is occurring or is likely to occur; existing state or federal programs or regulations are inadequate to protect the species or its habitat. Determinations shall be based on the best available scientific and other data after consultation with federal agencies, interested state agencies, the Natural Heritage Advisory Council, other states having a common interest in the species and interested persons and organizations (496.176).
A person may petition the Commission to add, remove or change the status of a species on the list. A petition shall clearly indicate the action sought and include documented scientific information about the species' biological status. Within 90 days of receipt, the Commission shall write to the petitioner indicating whether the petition presents substantial scientific information to warrant the action requested. If so, the Commission shall commence rulemaking. A final determination shall be provided within one year. If denied, the petitioner may seek judicial review. Notwithstanding other provisions herein, the Commission shall take emergency action to add a species to the threatened or endangered list if there is a significant threat to its continued existence within the state. The Commission shall publish notice of such addition in the Secretary of State's bulletin and shall mail notice to affected or interested persons. Such emergency addition shall take effect immediately upon publication in the bulletin and shall be valid no longer than one year, unless during that period the Commission completes rulemaking procedures as provided (496.176).
The Commission shall periodically review the status of all threatened and endangered species. Each species shall be reviewed at least once every five years to determine whether substantial, documented scientific information exists to justify its reclassification or removal from the list, according to the criteria listed herein. If a species is to be reclassified, or removed from the list, the Commission within 90 days shall commence rulemaking to change its status. Notwithstanding this section, the Commission may decide not to list a species that otherwise qualifies as threatened or endangered within this state if it determines that the species is secure outside this state and is not of cultural, scientific or commercial significance to the people of this state (496.176).
In developing protection and conservation programs pursuant to 496.172, the Commission shall consult with other states having a common interest in particular threatened or endangered species and with other affected state agencies. In furtherance of programs to conserve or protect such species, state agencies shall consult and cooperate with the Department. Before an agency takes, authorizes or provides financial assistance for action on state owned/leased land, or for which the state holds a recorded easement, in consultation with the Department, the agency shall: determine that the action is consistent with established Commission programs pursuant to 496.172; if no program has been established for a threatened or endangered species, determine whether such action has the potential to reduce appreciably the likelihood of the survival or recovery of such species. If an agency determines that the proposed action has the potential to reduce appreciably the likelihood of the survival or recovery of such species, it shall notify the Department. Within 90 days of notice, the Department shall recommend alternatives to the proposed action consistent with conserving and protecting the affected species. If an agency fails to adopt the recommendations, after consultation with the Department, it shall demonstrate that: potential public benefits of the proposed action outweigh the potential harm from failure to adopt the recommendations; mitigation and enhancement measures shall be taken, to the extent practicable, to minimize the adverse impact of the action on the affected species. When an action under this section is initiated by a person other than a state agency, the agency shall provide final approval or denial within 120 days of receipt of written request. These provisions do not apply to lands acquired through loan foreclosures under the Department of Veterans' Affairs (496.182).
Nothing herein is intended to require an owner of a commercial forest land or private land to take action to protect a threatened or endangered species, or to impose additional requirements or restrictions on the use of private land. Notwithstanding the above, other statutes may authorize administrative rules or programs to protect wildlife, including threatened or endangered species, and nothing in the statutes as specified shall diminish the force or effect of such rules or programs (496.192).
Live wildlife shall not be removed from its natural habitat or acquired and held in captivity illegally. The Commission may promulgate rules that include but are not limited to: providing for wildlife permits for holding or removal from habitat; prescribing species for which holding or habitat removal permits are required; prescribing terms and conditions of holding and removing wildlife from habitat to insure its humane care and treatment. No permittee shall violate permit terms or conditions (497.308).
Commission rules that authorize the acquisition and holding in captivity of a coyote must require: the permittee to obtain rabies inoculations; the animal to wear at all times a Commission issued identification tag; notification to the Commission upon the death, sale, transfer, removal from the state, or other disposition of the animal; the permittee not to abandon the animal; the permittee to neuter the animal. A permittee is subject to the same liability and other statute requirements for dogs, and shall at all times be able to demonstrate physical custody of the animal or evidence of its death or other disposition in compliance with statutory provisions. Nothing in this section authorizes acquisition and holding in captivity of a coyote not held at the State Fish and Wildlife Facility at Pendleton before September 10, 1976, or pursuant to a scientific taking permit (497.312).
The Commission may revoke a scientific taking or wildlife holding and habitat removal permit upon violation of its terms or conditions. Permit revocation is in addition to and not in lieu of any other penalty provided by law for the violation (497.318).
No person shall remove the eggs from green or white sturgeon, for artificial propagation, nor operate a fish hatchery for same, without a permit. Permit activities must be for educational and scientific purposes, and are subject to Commission terms and conditions to protect, perpetuate and enhance the sturgeon population of the Columbia River and other state waters. All permits issued prior to October 3, 1989, for sturgeon hatchery operation or egg propagation under which no activity has taken place prior to that date are cancelled. Existing permits may be continued under existing conditions (497.325 and .330).
Wildlife is the property of the state. No person shall angle for, hunt, trap or possess, or assist another in such activities in violation of the wildlife laws or rules (498.002). Except as the Commission by rule may provide, no person shall chase, harass, molest, worry or disturb wildlife except while engaged in lawfully angling for, hunting or trapping (498.006). Except as provided, no person shall purchase, sell or exchange, or offer to so, or its parts (498.022). Except as otherwise provided, no person shall take, import, export, transport, purchase or sell, or attempt to, a threatened or endangered species, or the skin, hides, parts, or an article made from them, and acquired after 1973 by the seller (498.026). No person shall offer for sale, trade, barter or exchange as a household pet a fox, skunk or raccoon; such an animal may be offered for sale, trade, barter or exchange to a public park, zoo, museum or educational institution for educational, medical, scientific or exhibition purposes under a Commission permit. The Commission may refuse to issue a permit if the organization does not have physical facilities adequate to maintain the animal in health and safety and to prevent its escape (498.029).
HABITAT PROTECTION
A person may apply to the Department for preliminary certification of a fish habitat improvement project. The Department shall develop rules and procedures for administering its responsibilities and others to clarify the criteria for such projects. Applications for preliminary certification shall be on a Department form and contain: a detailed description of the proposed project and a statement of expected benefits; blueprints/drawings of the project; a detailed estimate of project costs; other required information. The Department shall act on all applications for preliminary certification before 120 days after receipt. At any time during that period the Department may request clarification, additional detail or modification. If the Department rejects an application, it shall give written notice, with a statement of findings and the reasons. Preliminary certification of a fish habitat improvement project by the Department shall not qualify the applicant for a tax credit nor exempt the project from state or federal law, or local ordinance. Upon completion, construction or installation of a fish habitat improvement project preliminarily certified, a person may apply for final certification. The application shall be made on Department forms and shall include a detailed statement of project costs. Upon application for final project certification, the Department shall inspect to determine the project will result in the improvement of riparian or in-stream habitat. If the Department determines that the project conforms to the approved plans, the Department shall provide written notice of final certification (496.260). Notwithstanding provisions to the contrary, the Department shall not preliminarily certify, in one calendar year, as eligible for tax credit, fish habitat improvement project costs over $100,000. The Department shall not grant preliminary certification for a fish habitat improvement project unless application is filed on or before January 1, 1998 (496.265).
Except for activities or projects authorized by municipal, state or federal government, no person shall disturb, damage, destroy or interfere with operation of a salmon and trout enhancement project (496.465).
Except as provided, no person shall hunt or trap wildlife on a wildlife refuge (501.015). Notwithstanding restrictions to the contrary regarding uses of wildlife refuge, the Commission may authorize hunting or trapping wildlife on the refuge to manage the supply or condition of the wildlife (501.025). When a wildlife refuge is created, the Commission shall post signs around the boundary giving notice of restrictions on hunting or trapping and on other specified uses (501.035).
The Commission may enter into contracts with landowners for establishing a wildlife refuge on the land. The contract shall be for the period and contain the terms, conditions and restrictions regarding hunting and trapping and other uses of the land as the Commission considers appropriate to manage the supply and condition of wildlife on the land (501.045).
Select another State Summary
New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu