2007 ORS 496.705¹
Damage suits for unlawful killing of wildlife
  • 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) The damages referred to in subsection (1) of this section shall be as follows:

(a) Each game mammal other than mountain sheep, mountain goat, elk or silver gray squirrel, $800.

(b) Each mountain sheep or mountain goat, $6,800.

(c) Each elk, $1,500.

(d) Each silver gray squirrel, $20.

(e) Each game bird other than wild turkey, $20.

(f) Each wild turkey, $100.

(g) Each game fish other than salmon, steelhead trout, halibut or sturgeon, $10.

(h) Each salmon, steelhead trout, halibut or sturgeon, $250.

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

(j) Each bobcat or fisher, $700.

(k) 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, $1,000.

(L) 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.

(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. [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]

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

Chapter 496

Atty. Gen. Opinions

Commission authority to restrict use of boat ramp it locates on state land, (1971) Vol 35, p 900

1 Legislative Counsel Committee, CHAPTER 496—Application, Administration and Enforcement of Wildlife Laws, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­496.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 496, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­496ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.