ORS 496.992
Penalties

  • revocation
  • forfeiture

(1)

Except as otherwise provided by this section or other law, a violation of any provision of the wildlife laws, or any rule adopted pursuant to the wildlife laws, is a Class A misdemeanor if the offense is committed with a culpable mental state.

(2)

Except as otherwise provided by this section or other law, a violation of a provision of the wildlife laws, or a rule adopted pursuant to the wildlife laws, that does not involve the taking of wildlife is a Class D violation if the offense is committed without a culpable mental state.

(3)

A violation of a provision of the wildlife laws, or a rule adopted pursuant to the wildlife laws, that involves the taking of wildlife, other than nongame mammals and game birds, is a Class A violation if the offense is committed without a culpable mental state.

(4)

A violation of a provision of the wildlife laws, or a rule adopted pursuant to the wildlife laws, that involves the taking of nongame mammals or game birds is a Class C violation if the offense is committed without a culpable mental state.

(5)

A violation of a provision of the wildlife laws, or a rule adopted pursuant to the wildlife laws, that involves the size or quantity limits for salmon, steelhead trout and sturgeon is a Class A violation if the offense is committed without a culpable mental state.

(6)

A violation of a provision of the wildlife laws, or a rule adopted pursuant to the wildlife laws, relating to the size or quantity limits for fish or shellfish, other than size and quantity limits for salmon, steelhead trout and sturgeon, is a Class C violation if the offense is committed without a culpable mental state.

(7)

A violation of the nonresident licensing provisions of ORS 497.102 (Hunting licenses and permits) or 497.121 (Angling and shellfish licenses and tags) is a Class A violation if the offense is committed without a culpable mental state.

(8)

A violation of ORS 496.994 (Obstructing the taking of wildlife prohibited) is a Class A violation if the offense is committed without a culpable mental state.

(9)

A violation of ORS 498.136 (Hunting from motor-propelled vehicle restricted), 498.142 (Hunting with artificial light restricted) or 498.146 (Shining artificial light on game mammal, predatory animal or livestock while in or near motor vehicle and while in possession of weapon restricted) is a Class A violation if the offense is committed without a culpable mental state.

(10)

The second and each subsequent conviction within a 10-year period for the taking of a raptor or the taking of game fish with a total value of $200 or more or the taking of antelope, black bear, cougar, deer, elk, moose, mountain goat or mountain sheep in violation of any provision of the wildlife laws, or any rule adopted pursuant thereto, that occurs more than one hour prior to, or more than one hour subsequent to, a season established for the lawful taking of such game mammals or game fish is a Class C felony if the offense is committed with a culpable mental state.

(11)

A violation of a provision of the wildlife laws, or a rule adopted pursuant to the wildlife laws, is a Class C felony if the offense involves any of the following and is committed intentionally, knowingly or recklessly:

(a)

The unlawful taking of wildlife with the intent to sell or to barter, trade, import, export or otherwise exchange the wildlife or a part of the wildlife.

(b)

Except as provided in this paragraph, the second and each subsequent unlawful taking of a game mammal during a 12-month period. This paragraph does not apply to the taking of silver gray squirrel.

(c)

The unlawful taking of a moose, mountain sheep, Rocky Mountain goat or wolf.

(d)

The third and each subsequent taking of a game fish in excess of a bag limit during a 12-month period.

(e)

The second and each subsequent unlawful taking of nonadipose clipped steelhead during a 12-month period.

(f)

The unlawful taking of members of the family Acipenseridae that are commonly known as green sturgeon or that are oversized and commonly known as white sturgeon.

(g)

The unlawful taking of wildlife that is a threatened species or endangered species.

(12)

If a person is convicted of a Class A misdemeanor under subsection (1) of this section, in addition to any other penalty authorized by law, the court shall impose a fine that is:

(a)

Equal to the maximum fine described in ORS 161.635 (Fines for misdemeanors) (1)(a), if the person has two or more previous convictions for a Class A misdemeanor under subsection (1) of this section or if the offense involves taking three or more times the daily bag limit of any wildlife.

(b)

Not less than one-half of the maximum fine described in ORS 161.635 (Fines for misdemeanors) (1)(a), if the offense involves:

(A)

Failing to release a sturgeon more than six feet in length;

(B)

Unlawfully taking wildlife to sell, barter, trade, import or export the wildlife, or parts thereof, or selling, bartering, trading, importing or exporting unlawfully taken wildlife, or parts thereof; or

(C)

Taking a raptor and the person has a previous conviction for taking a raptor.

(c)

Not less than one-fourth of the maximum fine described in ORS 161.635 (Fines for misdemeanors) (1)(a), if the offense involves taking a raptor and the person does not have a previous conviction for taking a raptor.

(13)

If more than one minimum fine described in subsection (12) of this section applies, the court shall impose a fine in an amount that is not less than the highest of the applicable minimum fines.

(14)

Intentionally left blank —Ed.

(a)

If a court imposes a fine as penalty for an offense under the wildlife laws that involves the unlawful taking or killing of wildlife listed under ORS 496.705 (Damage suits for unlawful killing of wildlife) (2), the court shall order that the defendant pay all or a portion of the fine separately to the clerk of the court for paying over to the State Fish and Wildlife Commission. The clerk shall pay over to the commission the amount that the court ordered the defendant to pay separately for that purpose. The amount that the court orders to be paid separately to the clerk for paying over to the commission shall be the lesser of:

(A)

The amount of the fine imposed; or

(B)

The amount that the commission could recover under ORS 496.705 (Damage suits for unlawful killing of wildlife) (2) as damages for the unlawful taking or killing.

(b)

If the amount that the commission could recover under ORS 496.705 (Damage suits for unlawful killing of wildlife) (2) as damages for the unlawful taking or killing of wildlife is more than the maximum fine established for the offense under ORS 153.018 (Maximum fines), 161.625 (Fines for felonies) or 161.635 (Fines for misdemeanors) or a specific fine statute, notwithstanding ORS 153.018 (Maximum fines), 161.625 (Fines for felonies) or 161.635 (Fines for misdemeanors) or any specific fine statute, the maximum fine for the offense is the amount that the commission could recover under ORS 496.705 (Damage suits for unlawful killing of wildlife) (2) as damages for the unlawful taking or killing.

(c)

If an amount paid over to the commission under this subsection is less than the amount that the commission could recover under ORS 496.705 (Damage suits for unlawful killing of wildlife) (2) as damages for the unlawful taking or killing of wildlife, payment of the amount does not prevent the commission from bringing an action under ORS 496.705 (Damage suits for unlawful killing of wildlife) (2) to recover damages for the unlawful taking or killing. However, notwithstanding ORS 496.705 (Damage suits for unlawful killing of wildlife), the amount recoverable under ORS 496.705 (Damage suits for unlawful killing of wildlife) (2) by the commission as damages for the unlawful taking or killing shall be reduced by the amount paid to the commission under this subsection from a fine imposed for the unlawful taking or killing.

(15)

Intentionally left blank —Ed.

(a)

In addition to any other penalty authorized by law, the court shall order the State Fish and Wildlife Commission to revoke all licenses, tags and permits issued to a person in the manner provided for in ORS 497.415 (Revocation or denial of licenses, tags or permits for wildlife law violations or failure to comply with citation) (3), (5) and (6) if the person is convicted of:

(A)

A Class A misdemeanor under subsection (1) of this section if the offense involves:
(i)
A violation of ORS 498.042 (Removal of parts of wildlife and waste of wildlife prohibited); or
(ii)
The unlawful taking of wildlife to sell, barter, trade, import or export the wildlife, or parts thereof, or selling, bartering, trading, importing or exporting unlawfully taken wildlife, or parts thereof; or

(B)

A Class C felony under subsection (10) of this section.

(b)

Notwithstanding ORS 497.415 (Revocation or denial of licenses, tags or permits for wildlife law violations or failure to comply with citation) (5), upon having a license, tag or permit revoked under paragraph (a)(A)(i) of this subsection for the second time in a 10-year period, a person is prohibited from applying for or obtaining another such license, tag or permit.

(16)

Upon the third conviction within a 10-year period for violation of a provision of the wildlife laws, or a rule adopted pursuant to the wildlife laws, the court shall order all guns, boats, vehicles, traps, fishing apparatus, electronic devices and other implements used in committing the third or subsequent offense to be seized and forfeited to the State of Oregon, to be turned over to the State Fish and Wildlife Commission for disposal in the manner provided for in ORS 496.680 (Seizure of unlawful devices and unlawfully taken wildlife).

(17)

As used in this section:

(a)

“Culpable mental state” has the meaning given that term in ORS 161.085 (Definitions with respect to culpability).

(b)

“Previous conviction” includes a conviction entered in the same sentencing proceeding if the conviction is for a separate criminal episode as defined in ORS 131.505 (Definitions for ORS 131.505 to 131.525).

(c)

“Raptor” means a member of the order Falconiformes or Strigiformes and includes owls, hawks, falcons, eagles, osprey and harriers. [1973 c.723 §39; 1975 c.578 §3; 1977 c.350 §3; 1977 c.353 §1; 1983 c.364 §1; 1985 c.372 §1; 1995 c.545 §5; 1999 c.1051 §106; 2009 c.778 §4; 2011 c.517 §§1,3; 2011 c.597 §§315,316; 2015 c.378 §1; 2016 c.37 §2; 2018 c.14 §1; 2019 c.274 §1]

Source: Section 496.992 — Penalties; revocation; forfeiture, https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html.

See also annotations under ORS 496.990 in permanent edition.

Attorney General Opinions

Violators subject to imprisonment, (1976) Vol 37, p 1068; Criminal liability for commercial fishing licenses issued in return for N.S.F. check, (1981) Vol. 42, p 156

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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