Seizure of unlawful devices and unlawfully taken wildlife
- • forfeiture
- • disposition
- • repayment of administrative costs
(1) All wildlife taken by, or in the possession of any person in violation of the wildlife laws, and all guns, boats, traps, fishing apparatus and implements used in angling, hunting or trapping or taking any wildlife in violation of the wildlife laws may be seized by any person authorized to enforce the wildlife laws, and may be forfeited.
(2) All wildlife shot by any person while violating any provision of 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) shall be seized by any person authorized to enforce the wildlife laws and shall be forfeited.
(3) If forfeited, such property shall be turned over to the State Fish and Wildlife Commission by order of the court at the time of passing sentence for the violation.
(4) The commission may dispose of such property in any manner it considers proper, but the clear proceeds derived from the sale of any seized guns, boats, traps, fishing apparatus or implements shall be deposited in the Common School Fund. Any wildlife taken in violation of the wildlife laws may be disposed of forthwith or used for food purposes, under rules of the commission, to prevent spoilage.
(5) Upon conviction of a person for taking wildlife while violating any provision of 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), the court shall include in the sentence a requirement that the convicted person pay to the seizing agency an amount equal to the cost incurred in seizing, storing and disposing of the seized and forfeited wildlife. [Amended by 1971 c.658 §19; 1973 c.723 §29; 1987 c.858 §6; 1993 c.440 §2; 1999 c.1051 §272]
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