ORS 496.146
Additional powers of commission

  • rules
  • fees
  • penalties

In addition to any other duties or powers provided by law, the State Fish and Wildlife Commission:

(1)

May accept, from whatever source, appropriations, gifts or grants of money or other property for the purposes of wildlife management, and use such money or property for wildlife management purposes.

(2)

May sell or exchange property owned by the state and used for wildlife management purposes when the commission determines that such sale or exchange would be advantageous to the state wildlife policy and management programs.

(3)

May acquire, introduce, propagate and stock wildlife species in such manner as the commission determines will carry out the state wildlife policy and management programs.

(4)

May by rule authorize the issuance of such licenses, tags and permits for angling, taking, hunting and trapping and may prescribe such tagging and sealing procedures as the commission determines necessary to carry out the provisions of the wildlife laws or to obtain information for use in wildlife management. Permits issued pursuant to this subsection may include special hunting permits for a person and immediate family members of the person to hunt on land owned by that person in areas where permits for deer or elk are limited by quota. As used in this subsection, “immediate family members” means spouses in a marriage, parents, brothers, brothers-in-law, sisters, sisters-in-law, sons, sons-in-law, daughters, daughters-in-law, stepchildren and grandchildren. A landowner who is qualified to receive landowner preference tags from the commission may request two additional tags for providing public access and two additional tags for wildlife habitat programs. This request shall be made to the Access and Habitat Board with supporting evidence that the access is significant and the habitat programs benefit wildlife. The board may recommend that the commission grant the request. When a landowner is qualified under landowner preference rules adopted by the commission and receives a controlled hunt tag for that unit or a landowner preference tag for the landowner’s property and does not use the tag during the regular season, the landowner may use that tag to take an antlerless animal, when approved by the State Department of Fish and Wildlife, to alleviate damage that is presently occurring to the landowner’s property.

(5)

May by rule prescribe procedures requiring the holder of any license, tag or permit issued pursuant to the wildlife laws to keep records and make reports concerning the time, manner and place of taking wildlife, the quantities taken and such other information as the commission determines necessary for proper enforcement of the wildlife laws or to obtain information for use in wildlife management.

(6)

May establish special hunting and angling areas or seasons in which only persons less than 18 years of age or over 65 years of age are permitted to hunt or angle.

(7)

May acquire by purchase, lease, agreement or gift real property and all appropriate interests therein for wildlife management and wildlife-oriented recreation purposes.

(8)

May acquire by purchase, lease, agreement, gift, exercise of eminent domain or otherwise real property and all interests therein and establish, operate and maintain thereon public hunting areas.

(9)

May establish and develop wildlife refuge and management areas and prescribe rules governing the use of such areas and the use of wildlife refuge and management areas established and developed pursuant to any other provision of law.

(10)

May by rule prescribe fees for licenses, tags, permits and applications issued or required pursuant to the wildlife laws, and user charges for angling, hunting or other recreational uses of lands owned or managed by the commission, unless such fees or user charges are otherwise prescribed by law. No fee or user charge prescribed by the commission pursuant to this subsection shall exceed $250.

(11)

May enter into contracts with any person or governmental agency for the development and encouragement of wildlife research and management programs and projects.

(12)

May perform such acts as may be necessary for the establishment and implementation of cooperative wildlife management programs with agencies of the federal government.

(13)

May offer and pay rewards for the arrest and conviction of any person who has violated any of the wildlife laws. No such reward shall exceed $1,000 for any one arrest and conviction.

(14)

May by rule prescribe fees for falconry licenses issued pursuant to the wildlife laws, unless such fees are otherwise prescribed by law. Fees prescribed by the commission pursuant to this subsection shall be based on actual or projected costs of administering falconry regulations and shall not exceed $250.

(15)

May establish special fishing and hunting seasons and bag limits applicable only to persons with disabilities.

(16)

May adopt optimum populations for deer and elk consistent with ORS 496.012 (Wildlife policy). These population levels shall be reviewed at least once every five years.

(17)

Shall establish a preference system so that individuals who are unsuccessful in controlled hunt permit drawings for deer and elk hunting have reasonable assurance of success in those drawings in subsequent years. In establishing the preference system, the commission shall consider giving additional preference points to persons who have been issued a resident annual pioneer combination license pursuant to ORS 497.132 (Combined licenses for residents) or resident disabled veteran hunting license under ORS 497.102 (Hunting licenses and permits).

(18)

May sell advertising in State Department of Fish and Wildlife publications, including annual hunting and angling regulation publications.

(19)

May, notwithstanding the fees required by ORS 497.112 (Hunting tags), provide free hunting tags to an organization that sponsors hunting trips for terminally ill children. Except as provided under ORS 497.116 (Dedication of certain tags for qualified veteran use), the State Department of Fish and Wildlife may not issue more than 15 tags annually under this subsection.

(20)

Shall, after consultation with the State Department of Agriculture, adopt rules prohibiting the use of the World Wide Web, other Internet protocols or broadcast or closed circuit media to remotely control a weapon for the purpose of hunting any game bird, wildlife, game mammal or other mammal. The rules may exempt the State Department of Fish and Wildlife or agents of the department from the prohibition.

(21)

May adopt rules establishing a schedule of civil penalties, not to exceed $6,500 per violation, for violations of provisions of the wildlife laws or rules adopted by the commission under the wildlife laws. Civil penalties established under this subsection must be imposed in the manner provided by ORS 183.745 (Civil penalty procedures) and must be deposited in the State Wildlife Fund established under ORS 496.300 (State Wildlife Fund).

(22)

May by rule impose a surcharge not to exceed $25 for the renewal of a hunting license on any person who fails to comply with mandatory hunting reporting requirements. Amounts collected as surcharges under this subsection must be deposited in the State Wildlife Fund established under ORS 496.300 (State Wildlife Fund).

(23)

Intentionally left blank —Ed.

(a)

May by rule establish annual and daily Columbia Basin salmon, steelhead and sturgeon recreational fishing endorsements with a fee not to exceed $9.75 per annual license and $1 per day per daily license. An endorsement is required to fish for salmon, steelhead or sturgeon in portions of the Columbia Basin as designated by rule and is in addition to and not in lieu of angling licenses and tags required under the wildlife laws. Amounts collected as fees under this subsection must be deposited in the Columbia River Fisheries Enhancement Fund established under section 7, chapter 672, Oregon Laws 2013.

(b)

Notwithstanding paragraph (a) of this subsection, if the commission adopts rules that decrease fishery impacts or the share of salmon allocated to Columbia River recreational fisheries or that expand the areas and seasons where nontribal gillnets are permitted in mainstem lower Columbia River nontribal fisheries as compared to regulatory restrictions in place from 2017 to 2020, the commission may not require or collect the endorsements, beginning in the following calendar year.

(24)

May by rule establish multiyear licenses and may prescribe fees for such licenses. Fees prescribed by the commission for multiyear licenses may provide for a discount from the annual license fees that would otherwise be payable for the period of time covered by the multiyear license.

(25)

May by rule establish a program to offer unique fishing opportunities through drawings, raffles or auctions and charge application and participation fees for the program. [1973 c.723 §13; 1977 c.177 §1; 1977 c.668 §1; 1981 c.445 §9; 1987 c.292 §2; 1993 c.659 §8; 1999 c.25 §4; 2001 c.253 §1; 2003 c.656 §2; 2005 c.365 §1; 2007 c.338 §1; 2009 c.778 §2; 2011 c.521 §1; 2013 c.236 §1; 2013 c.363 §7; 2013 c.672 §§9,10; 2015 c.629 §§51,52; 2015 c.779 §§7,8; 2018 c.100 §§3,4; 2019 c.82 §§1,2; 2021 c.169 §3]
Note: The amendments to 496.146 (Additional powers of commission) by section 5, chapter 169, Oregon Laws 2021, become operative January 2, 2026. See section 6, chapter 169, Oregon Laws 2021. The text that is operative on and after January 2, 2026, is set forth for the user’s convenience.
496.146 (Additional powers of commission). In addition to any other duties or powers provided by law, the State Fish and Wildlife Commission:

(1)

May accept, from whatever source, appropriations, gifts or grants of money or other property for the purposes of wildlife management, and use such money or property for wildlife management purposes.

(2)

May sell or exchange property owned by the state and used for wildlife management purposes when the commission determines that such sale or exchange would be advantageous to the state wildlife policy and management programs.

(3)

May acquire, introduce, propagate and stock wildlife species in such manner as the commission determines will carry out the state wildlife policy and management programs.

(4)

May by rule authorize the issuance of such licenses, tags and permits for angling, taking, hunting and trapping and may prescribe such tagging and sealing procedures as the commission determines necessary to carry out the provisions of the wildlife laws or to obtain information for use in wildlife management. Permits issued pursuant to this subsection may include special hunting permits for a person and immediate family members of the person to hunt on land owned by that person in areas where permits for deer or elk are limited by quota. As used in this subsection, “immediate family members” means spouses in a marriage, parents, brothers, brothers-in-law, sisters, sisters-in-law, sons, sons-in-law, daughters, daughters-in-law, stepchildren and grandchildren. A landowner who is qualified to receive landowner preference tags from the commission may request two additional tags for providing public access and two additional tags for wildlife habitat programs. This request shall be made to the Access and Habitat Board with supporting evidence that the access is significant and the habitat programs benefit wildlife. The board may recommend that the commission grant the request. When a landowner is qualified under landowner preference rules adopted by the commission and receives a controlled hunt tag for that unit or a landowner preference tag for the landowner’s property and does not use the tag during the regular season, the landowner may use that tag to take an antlerless animal, when approved by the State Department of Fish and Wildlife, to alleviate damage that is presently occurring to the landowner’s property.

(5)

May by rule prescribe procedures requiring the holder of any license, tag or permit issued pursuant to the wildlife laws to keep records and make reports concerning the time, manner and place of taking wildlife, the quantities taken and such other information as the commission determines necessary for proper enforcement of the wildlife laws or to obtain information for use in wildlife management.

(6)

May establish special hunting and angling areas or seasons in which only persons less than 18 years of age or over 65 years of age are permitted to hunt or angle.

(7)

May acquire by purchase, lease, agreement or gift real property and all appropriate interests therein for wildlife management and wildlife-oriented recreation purposes.

(8)

May acquire by purchase, lease, agreement, gift, exercise of eminent domain or otherwise real property and all interests therein and establish, operate and maintain thereon public hunting areas.

(9)

May establish and develop wildlife refuge and management areas and prescribe rules governing the use of such areas and the use of wildlife refuge and management areas established and developed pursuant to any other provision of law.

(10)

May by rule prescribe fees for licenses, tags, permits and applications issued or required pursuant to the wildlife laws, and user charges for angling, hunting or other recreational uses of lands owned or managed by the commission, unless such fees or user charges are otherwise prescribed by law. No fee or user charge prescribed by the commission pursuant to this subsection shall exceed $250.

(11)

May enter into contracts with any person or governmental agency for the development and encouragement of wildlife research and management programs and projects.

(12)

May perform such acts as may be necessary for the establishment and implementation of cooperative wildlife management programs with agencies of the federal government.

(13)

May offer and pay rewards for the arrest and conviction of any person who has violated any of the wildlife laws. No such reward shall exceed $1,000 for any one arrest and conviction.

(14)

May by rule prescribe fees for falconry licenses issued pursuant to the wildlife laws, unless such fees are otherwise prescribed by law. Fees prescribed by the commission pursuant to this subsection shall be based on actual or projected costs of administering falconry regulations and shall not exceed $250.

(15)

May establish special fishing and hunting seasons and bag limits applicable only to persons with disabilities.

(16)

May adopt optimum populations for deer and elk consistent with ORS 496.012 (Wildlife policy). These population levels shall be reviewed at least once every five years.

(17)

Shall establish a preference system so that individuals who are unsuccessful in controlled hunt permit drawings for deer and elk hunting have reasonable assurance of success in those drawings in subsequent years. In establishing the preference system, the commission shall consider giving additional preference points to persons who have been issued a resident annual pioneer combination license pursuant to ORS 497.132 (Combined licenses for residents) or resident disabled veteran hunting license under ORS 497.102 (Hunting licenses and permits).

(18)

May sell advertising in State Department of Fish and Wildlife publications, including annual hunting and angling regulation publications.

(19)

May, notwithstanding the fees required by ORS 497.112 (Hunting tags), provide free hunting tags to an organization that sponsors hunting trips for terminally ill children. Except as provided under ORS 497.116 (Dedication of certain tags for qualified veteran use), the State Department of Fish and Wildlife may not issue more than 15 tags annually under this subsection.

(20)

Shall, after consultation with the State Department of Agriculture, adopt rules prohibiting the use of the World Wide Web, other Internet protocols or broadcast or closed circuit media to remotely control a weapon for the purpose of hunting any game bird, wildlife, game mammal or other mammal. The rules may exempt the State Department of Fish and Wildlife or agents of the department from the prohibition.

(21)

May adopt rules establishing a schedule of civil penalties, not to exceed $6,500 per violation, for violations of provisions of the wildlife laws or rules adopted by the commission under the wildlife laws. Civil penalties established under this subsection must be imposed in the manner provided by ORS 183.745 (Civil penalty procedures) and must be deposited in the State Wildlife Fund established under ORS 496.300 (State Wildlife Fund).

(22)

May by rule impose a surcharge not to exceed $25 for the renewal of a hunting license on any person who fails to comply with mandatory hunting reporting requirements. Amounts collected as surcharges under this subsection must be deposited in the State Wildlife Fund established under ORS 496.300 (State Wildlife Fund).

(23)

May by rule establish multiyear licenses and may prescribe fees for such licenses. Fees prescribed by the commission for multiyear licenses may provide for a discount from the annual license fees that would otherwise be payable for the period of time covered by the multiyear license.

(24)

May by rule establish a program to offer unique fishing opportunities through drawings, raffles or auctions and charge application and participation fees for the program.
Note: Section 2, chapter 460, Oregon Laws 1995, provides:
Sec. 2. Notwithstanding any other provision of the wildlife laws, the following provisions apply with regard to the issuance and use of landowner preference tags referred to in ORS 496.146 (Additional powers of commission) (4):

(1)

Landowner preference tags shall be issued for the hunting of deer, elk or antelope.

(2)

Landowner preference tags may be used only for hunting on the landowner’s property.

(3)

Subject to subsection (6) of this section, landowner preference tags for the hunting of deer or elk may be transferred to any person of the landowner’s choosing and shall be used for the taking of antlerless animals.

(4)

Landowner preference tags for the hunting of antelope are not transferable and may not be used for the taking of buck antelope.

(5)

Each landowner preference tag for the hunting of deer may be used to take two antlerless animals before, during or after the hunting season for which the tags are valid for the purpose of alleviating damage that is presently occurring to the landowner’s property, in accordance with such rules as the State Fish and Wildlife Commission may adopt.

(6)

Landowner preference tags for the hunting of deer or elk may be transferred to a person of the landowner’s choosing as follows:

(a)

A landowner who is issued only one tag may not transfer that tag.

(b)

A landowner who is issued two or more tags may transfer not more than 50 percent of the tags to a person who is not an immediate family member, as defined in ORS 496.146 (Additional powers of commission) (4). If the calculation of the number of tags eligible for transfer under the provisions of this paragraph results in a fraction, the commission shall round up the number of tags to the next whole number.

(7)

Intentionally left blank —Ed.

(a)

As specified pursuant to a formula determined by the commission by rule, the number of landowner preference tags issued for mule deer must be based upon the management, research and habitat needs set forth in the wildlife management plan for mule deer.

(b)

If the population of mule deer in a wildlife management unit is greater than the goal specified in the wildlife management plan for mule deer, a landowner who is issued a landowner preference tag is eligible, pursuant to criteria established by rule of the commission, for the number of tags that corresponds to the number of acres that landowner has registered with the State Department of Fish and Wildlife for participation in the program.

(c)

The commission may specify by rule a formula for determining the number of landowner preference tags that are available for controlled hunts for mule deer in a wildlife management unit in which the population of mule deer is less than the goal specified for that wildlife management unit in the wildlife management plan for mule deer.

(8)

Landowners shall pay the applicable fee under ORS 497.061 (License, tag and permit fee schedule) to register for participation in the program.

(9)

A landowner shall pay the applicable fee under ORS 497.061 (License, tag and permit fee schedule) to modify the landowner’s tag distribution. [1995 c.460 §2; 2001 c.227 §1; 2009 c.349 §1; 2009 c.832 §2a; 2013 c.363 §1; 2015 c.779 §10; 2021 c.208 §1]
Note: Section 2, chapter 208, Oregon Laws 2021, provides:
Sec. 2. Section 2, chapter 460, Oregon Laws 1995, as amended by section 1, chapter 227, Oregon Laws 2001, section 1, chapter 349, Oregon Laws 2009, section 2a, chapter 832, Oregon Laws 2009, section 1, chapter 363, Oregon Laws 2013, and section 10, chapter 779, Oregon Laws 2015, and section 1 of this 2021 Act, is repealed on January 2, 2026. [2021 c.208 §2]

Source: Section 496.146 — Additional powers of commission; rules; fees; penalties, https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html.

See also annotations under ORS 496.175, 496.185, 496.235, 496.405, 496.410 and 496.505 in permanent edition.

Notes of Decisions

This provision does not limit Fish and Wildlife Commission’s broad statutory authority to promulgate rules that commission considers necessary and proper to implement wildlife policies. Confederated Tribes of Siletz Indians of Oregon v. Department of Fish and Wildlife, 244 Or App 535, 260 P3d 705 (2011)

496.002
Short title
496.004
Definitions
496.007
“Game bird” defined
496.009
“Game fish” defined
496.012
Wildlife policy
496.016
Applicability of wildlife laws to commercial fishing laws
496.018
Person with disability under wildlife laws
496.080
State Department of Fish and Wildlife
496.085
Fish Screening Task Force
496.090
State Fish and Wildlife Commission
496.108
Commission officers
496.112
State Fish and Wildlife Director
496.116
Delegation of rulemaking authority to director
496.118
Duties and powers of director
496.121
Authority of department to require fingerprints
496.124
Fish Division
496.128
Reports by commission
496.138
Commission policies and programs
496.141
Fish screening program report
496.146
Additional powers of commission
496.148
Payment by credit card
496.151
Allocation of nonresident tags for outfitters and guides
496.154
Limitation on authority to condemn certain farm use property
496.156
Expenditure priority for anadromous fish management
496.158
Oregon Landowner Damage Program
496.162
Establishing seasons, amounts and manner of taking wildlife
496.164
Cooperation with public and private agencies for fish and wildlife management
496.167
Department recompensable assistance to agencies
496.168
Estimated expenses for recompensable assistance
496.169
Citizen involvement for wildlife management on private lands
496.171
Definitions for ORS 496.171 to 496.182
496.172
Commission management authority for threatened or endangered species
496.176
Listing species
496.182
Protection and conservation programs
496.192
Effect of law on commercial forestland or other private land
496.201
Department to furnish salmon for ceremonies
496.206
Written request for salmon
496.211
Limitation on amount and use
496.216
Disposition of salmon remaining after ceremony
496.221
ORS 496.201 to 496.221 not intended to extend Indian legal or political rights
496.228
Access and Habitat Board
496.232
Board to make program recommendations
496.236
Advisory councils to board
496.242
Access and habitat program funds
496.246
Use of public lands for hunting
496.252
Oregon Conservation and Recreation Fund
496.254
Oregon Conservation and Recreation Advisory Committee
496.264
Findings
496.266
Environmental restoration weirs
496.270
Immunity from liability for damages resulting from habitat or water quality improvement project
496.272
Wildlife Corridor Action Plan
496.273
Agency assistance and advice regarding plan
496.275
Salmon resource protection and restoration
496.280
Findings
496.283
Use of certain moneys
496.286
Restoration and Enhancement Board
496.289
Duties of board
496.291
Advisory councils
496.300
State Wildlife Fund
496.303
Fish and Wildlife Account
496.306
Compensation for damage done by bear and cougar not to be paid from State Wildlife Fund
496.311
Limitation on size of revolving fund
496.340
Payments to counties in lieu of taxes
496.350
Willamette River Basin Bonneville Power Administration Stewardship Fund
496.375
“Nongame wildlife” defined
496.385
Nongame Wildlife Fund
496.390
Control over fund by department
496.430
Definitions for ORS 496.430 and 496.435 to 496.455
496.435
Policy to recover and sustain native stocks
496.440
Enhancement program to be conducted by commission
496.445
Duties of commission
496.450
Application for project
496.455
Use of native stocks for projects
496.458
Remote hatchbox program
496.460
Salmon and Trout Enhancement Program Advisory Committee
496.465
Interference with project prohibited
496.470
Natural production of anadromous fish
496.475
Adoption of basin plans
496.480
Reports on basin plans
496.490
Fishing tackle program
496.510
Assent to federal wildlife-restoration statute
496.525
Federal fish restoration and management aid
496.550
Migratory waterfowl stamps
496.555
Contract on migratory waterfowl stamp matters
496.558
“Upland bird” defined
496.562
Policy
496.566
Contest for stamp design
496.571
Habitat conservation stamp
496.605
Enforcement of wildlife laws by State Fish and Wildlife Director, deputies and peace officers
496.610
State police to enforce wildlife laws
496.615
Commission employees to supplement state police
496.620
Nonliability of law enforcement officers
496.630
District attorneys to prosecute criminal cases
496.640
Service of process by law enforcement personnel
496.645
Arrest without warrant of violators
496.650
Issuance of citation to violator
496.665
Issuance of search warrants
496.670
Arrests made on Sunday
496.675
Seizure without warrant by law enforcement personnel
496.680
Seizure of unlawful devices and unlawfully taken wildlife
496.690
Possession of wildlife as evidence of illegal taking
496.695
Counseling, aiding or sharing in violation
496.700
Investigating violations
496.705
Damage suits for unlawful killing of wildlife
496.710
Compelling testimony in enforcement proceedings
496.716
Wildlife inspection stations
496.730
Legislative intent
496.731
Written notification requiring removal of attractant for potentially habituated wildlife
496.750
Wildlife Law Violator Compact
496.815
Definitions for ORS 496.815 to 496.825
496.820
Permit or license fee
496.825
Application fee
496.830
Penalty fee
496.835
Oregon Fish and Wildlife Hydroelectric Fund
496.850
Community outreach and education regarding recreational harvesting of shellfish
496.992
Penalties
496.994
Obstructing the taking of wildlife prohibited
496.996
Attempts to take wildlife decoy as unlawful wildlife taking
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