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Chapter 496 Application, Administration and Enforcement of Wildlife Laws

2001 EDITION

GENERAL PROVISIONS

496.002 Short title. ORS chapters 496, 497, 498 and 501 may be cited as the wildlife laws. [1973 c.723 2]

496.004 Definitions. As used in the wildlife laws, unless the context requires otherwise:

(1) "Angle" means to take or attempt to take a fish for personal use by means involving hook and line.

(2) "Commission" means the State Fish and Wildlife Commission created by ORS 496.090.

(3) "Compatible" means capable of existing in harmony so as to minimize conflict.

(4) "Co">Department" means the State Department of Fish and Wildlife created by ORS 496.080.

(5) "Director" means the State Fish and Wildlife Director appointed pursuant to ORS 496.112.

(6) "Endangered species" means:

(a) Any native wildlife species determined by the commission to be in danger of extinction throughout any significant portion of its range within this state.

(b) Any native wildlife species listed as an endangered species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended.

(7) "Fund" means the State Wildlife Fund created by ORS 496.300.

(8) "Fur-bearing mammal" means beaver, bobcat, fisher, marten, mink, muskrat, otter, raccoon, red fox and gray fox.

(9) "Game mammal" means antelope, black bear, cougar, deer, elk, moose, mountain goat, mountain sheep and silver gray squirrel.

(10) "Hunt" means to take or attempt to take any wildlife by means involving the use of a weapon or with the assistance of any mammal or bird.

(11) "Manage" means to protect, preserve, propagate, promote, utilize and control wildlife.

(12) "Optimum level" means wildlife population levels that provide self-sustaining species as well as taking, nonconsumptive and recreational opportunities.

(13) "Person with a disability" means a person who complies with the requirement of ORS 496.018.

(14) "Species" means any species or subspecies of wildlife.

(15) "O">Take" means to kill or obtain possession or control of any wildlife.

(16) "Threatened species" means:

(a) Any native wildlife species the commission determines is likely to become an endangered species within the foreseeable future throughout any significant portion of its range within this state.

(b) Any native wildlife species listed as a threatened species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended.

(17) "Trap" means to take or attempt to take any wildlife by means involving the use of a trap, net, snare or other device used for the purpose of capture.

(18) "Wildlife" means fish, wild birds, amphibians and reptiles, feral swine as defined by State Department of Agriculture rule and other wild mammals. [1973 c.723 3; 1975 c.253 5; 1977 c.136 1; 1979 c.399 1; 1979 c.615 1a; 1985 c.60 7; 1987 c.686 1; 1991 c.67 148; 1993 c.659 1; 1999 c.25 3; 2001 c.125 1]

496.005 [Repealed by 1973 c.723 130]

496.006 [Formerly 497.505; 1961 c.343 1; 1967 c.594 1; 1971 c.658 1; repealed by 1973 c.723 130]

496.007 "Game bird" defined. As used in the wildlife laws, unless the context requires otherwise, "game bird" means:

(1) Those members of the family Anatidae, commonly known as swans, geese, brant and river and sea ducks.

(2) Those members of the family Columbidae, commonly known as mourning doves and bandtailed pigeons.

(3) Those members of the family Tetranidae, commonly known as grouse, ptarmigan and prairie chickens.

(4) Those members of the family Phasianidae, commonly known as pheasants, quail and partridge.

(5) Those members of the family Meleagrididae, commonly known as wild turkey.

(6) Those members of the family Scolopacidae, commonly known as snipe and woodcock.

(7) Those members of the family Gruidae, commonly known as cranes.

(8) Those members of the family Rallidae, commonly known as rails, gallinules and coots. [1973 c.723 4]

496.008 [1957 c.268 1; repealed by 1973 c.723 130]

496.009 "Game fish" defined. As used in the wildlife laws, unless the context requires otherwise, "game fish" means:

(1) Those members of the family Salmonidae, commonly known as trout, steelhead, char, grayling, Atlantic salmon and whitefish.

(2) Those members of the family Salmonidae, commonly known as salmon, when under 15 inches in length or when taken by angling.

(3) Those members of the family Ictaluridae, commonly known as freshwater catfish.

(4) Those members of the family Centrarchidae, commonly known as freshwater bass, sunfish and crappie.

(5) Those members of the family Acipenseridae, commonly known as green sturgeon and white sturgeon, when taken by angling.

(6) Perca flavescens, commonly known as yellow perch.

(7) Stizostedion vitreum, commonly known as walleye.

(8) Catostomus luxatus, commonly known as mullet.

(9) Morone saxatilis, commonly known as striped bass.

(10) Alosa sapidissima, commonly known as American shad, when taken by angling. [1973 c.723 5,131; 1999 c.1026 18]

496.010 [Amended by 1953 c.379 2; 1957 c.250 1; 1959 c.364 1; 1963 c.30 1; repealed by 1973 c.723 130]

496.012 Wildlife policy. It is the policy of the State of Oregon that wildlife shall be managed to preven