2017 ORS 498.002¹
Wildlife as state property
  • taking, angling, hunting or trapping in violation of wildlife law or rules prohibited

(1) Wildlife is the property of the state. No person shall angle for, take, hunt, trap or possess, or assist another in angling for, taking, hunting, trapping or possessing any wildlife in violation of the wildlife laws or of any rule promulgated pursuant thereto.

(2) No person shall angle for, take, hunt or trap, or assist another in angling for, taking, hunting or trapping any wildlife while intentionally violating ORS 164.245 (Criminal trespass in the second degree) to 164.270 (Closure of premises to motor-propelled vehicles) or 498.120 (Hunting on another’s cultivated or enclosed land). [1973 c.723 §73; 1993 c.440 §1; 2003 c.656 §10]

See also annota­tions under ORS 498.005 in permanent edi­tion.

Notes of Decisions

Where defendant is charged with illegal killing of buck deer, in viola­tion of rule promulgated pursuant to wildlife laws, state must prove that per­son committed proscribed act with culpable mental state. State v. Holt, 297 Or 203, 681 P2d 1158 (1984)

Culpable mental state for crim­i­nal liability for constructive pos­ses­sion of wildlife under this sec­tion is “knowledge.” State v. Jones, 82 Or App 388, 728 P2d 100 (1986)

Animals other than birds and mammals need not be untamed or living in state of nature to qualify as “wildlife.” State v. Couch, 341 Or 610, 147 P3d 322 (2006)

Wildlife that is acquired from licensed holders in Oregon, legally imported from out of state or born in captivity is prop­erty of state. Simpson v. Depart­ment of Fish and Wildlife, 242 Or App 287, 255 P3d 565 (2011)

State’s prop­erty interest in wildlife is as sovereign for benefit and in trust for people, not as owner with proprietary or possessory interest. Simpson v. Depart­ment of Fish and Wildlife, 242 Or App 287, 255 P3d 565 (2011)

Chapter 498

Notes of Decisions

Sufficiency of uniform game cita­tion is governed by [former] ORS 153.720, not by statutes applicable to indict­ments. State v. Herrera, 152 Or App 22, 952 P2d 566 (1998)

1 Legislative Counsel Committee, CHAPTER 498—Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors498.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 498, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano498.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.