Damage suits for unlawful killing of wildlife
- • exception
- • 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)(a) The damages referred to in subsection (1) of this section are as follows:
(A) Each game mammal other than moose, mountain sheep, mountain goat, elk, gray wolf, black bear, cougar or silver gray squirrel, or deer or antelope described in subparagraphs (D) and (E) of this paragraph, $1,000.
(B) Each moose, mountain sheep or mountain goat, other than those described in subparagraphs (F), (G) and (H) of this paragraph, $10,000.
(C) Each elk, other than those described in subparagraph (I) of this paragraph, $5,000.
(D) Each deer with at least four points on one antler, gray wolf, black bear or cougar, $7,500.
(E) Each antelope with at least one horn equal to or greater than 14 inches, $7,500.
(F) Each moose with antlers, $50,000.
(G) Each mountain sheep that has at least one horn equal to or greater than one half curl, $50,000.
(H) Each mountain goat that has at least one horn equal to or greater than six inches, $50,000.
(I) Each elk with at least six points on one antler, $15,000.
(J) Each silver gray squirrel, $100.
(K) Each game bird other than wild turkey or sage grouse, $20.
(L) Each wild turkey or sage grouse, $1,000.
(M) Each game fish other than salmon, steelhead trout, halibut or sturgeon, $25.
(N) Each sturgeon other than those specified in subparagraph (O) of this paragraph, salmon, steelhead trout or halibut, $750.
(O) Each oversized sturgeon, as specified by the commission by rule, $5,000.
(P) Each fur-bearing mammal other than bobcat or fisher, $100.
(Q) Each bobcat or fisher, $700.
(R) 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, $2,500.
(S) 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.
(T) Each bald eagle, golden eagle, goshawk, osprey, peregrine falcon or any other raptor listed as a threatened species or an endangered species by the commission by rule, $5,000.
(U) Each raptor except those specified in subparagraph (T) of this paragraph, $2,000.
(b) For purposes of this subsection:
(A) A point must be at least one inch, measured from the main beam of the antler to the tip of the point.
(B) Horn length must be measured from the base of the hairline to the tip of the horn.
(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.
(6) Each taking or killing of a single animal referred to in subsection (2) of this section constitutes a separate unlawful taking or killing for purposes of this section.
(7) Subject to ORS 496.690 (Possession of wildlife as evidence of illegal taking), this section does not apply to the unintentional taking or killing of wildlife incident to an otherwise lawful activity. [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; 2009 c.778 §3; 2011 c.363 §1; 2016 c.37 §1]
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