2015 ORS 496.705¹
Damage suits for unlawful killing of wildlife
  • jurisdiction of courts

Caution-flag-2-25x25
This section is amended
Effective January 1, 2017
Relating to violations of wildlife laws; amending ORS 496.705, 496.992 and 498.042.

(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 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, $1,500.

(D) Each deer with at least four points on one antler, $7,500.

(E) Each antelope with at least one horn equal to or greater than 14 inches, $7,500.

(F) Each moose with antlers, $25,000.

(G) Each mountain sheep that has at least one horn equal to or greater than one half curl, $25,000.

(H) Each mountain goat that has at least one horn equal to or greater than six inches, $25,000.

(I) Each elk with at least six points on one antler, $15,000.

(J) Each silver gray squirrel, $20.

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

(L) Each wild turkey, $100.

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

(N) Each sturgeon other than those specified in subparagraph (O) of this paragraph, salmon, steelhead trout or halibut, $250.

(O) Each oversized sturgeon, as specified by the commission by rule, $1,000.

(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, $1,000.

(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. [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]

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

Notes of Decisions

Fish and Wildlife Commission has statutory authority to provide by rule for is suance of special ceremonial hunting permits for specific tribes that are not otherwise allowed under hunting and fishing agree­ment between federal and state govern­ments and that tribe. Confederated Tribes of Siletz Indians of Oregon v. Depart­ment of Fish and Wildlife, 244 Or App 535, 260 P3d 705 (2011)

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/­ors496.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 496, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano496.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.