(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, 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]
Structure 2021 Oregon Revised Statutes
Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 496 - Application, Administration and Enforcement of Wildlife Laws
Section 496.004 - Definitions.
Section 496.007 - "Game bird" defined.
Section 496.009 - "Game fish" defined.
Section 496.012 - Wildlife policy.
Section 496.018 - Person with disability under wildlife laws.
Section 496.085 - Fish Screening Task Force; qualifications of members; duties.
Section 496.108 - Commission officers; quorum; meetings.
Section 496.116 - Delegation of rulemaking authority to director; requirements.
Section 496.118 - Duties and powers of director.
Section 496.121 - Authority of department to require fingerprints.
Section 496.128 - Reports by commission.
Section 496.138 - Commission policies and programs; rules; public hearings; agency request budgets.
Section 496.146 - Additional powers of commission; rules; fees; penalties.
Section 496.148 - Payment by credit card; fee; rules.
Section 496.151 - Allocation of nonresident tags for outfitters and guides.
Section 496.154 - Limitation on authority to condemn certain farm use property.
Section 496.156 - Expenditure priority for anadromous fish management.
Section 496.158 - Oregon Landowner Damage Program; fee.
Section 496.162 - Establishing seasons, amounts and manner of taking wildlife; rules.
Section 496.167 - Department recompensable assistance to agencies; tracking and statements.
Section 496.168 - Estimated expenses for recompensable assistance; invoices.
Section 496.171 - Definitions for ORS 496.171 to 496.182; applicability date.
Section 496.172 - Commission management authority for threatened or endangered species; rules.
Section 496.176 - Listing species; procedure; matters to be considered; periodic review.
Section 496.201 - Department to furnish salmon for ceremonies; amount; source.
Section 496.206 - Written request for salmon; contents; time for providing salmon.
Section 496.211 - Limitation on amount and use.
Section 496.228 - Access and Habitat Board; qualification of members; expenses; term; meetings.
Section 496.236 - Advisory councils to board; duties; no compensation or expenses for members.
Section 496.242 - Access and habitat program funds.
Section 496.252 - Oregon Conservation and Recreation Fund.
Section 496.254 - Oregon Conservation and Recreation Advisory Committee.
Section 496.266 - Environmental restoration weirs; rules.
Section 496.272 - Wildlife Corridor Action Plan.
Section 496.273 - Agency assistance and advice regarding plan.
Section 496.283 - Use of certain moneys; limitations on expenditures.
Section 496.286 - Restoration and Enhancement Board.
Section 496.289 - Duties of board; report to legislature; recommendations for programs.
Section 496.291 - Advisory councils; recommendations to board; consultation with councils.
Section 496.300 - State Wildlife Fund; sources; uses.
Section 496.303 - Fish and Wildlife Account; sources; subaccounts; uses.
Section 496.340 - Payments to counties in lieu of taxes.
Section 496.385 - Nongame Wildlife Fund.
Section 496.430 - Definitions for ORS 496.430 and 496.435 to 496.455.
Section 496.445 - Duties of commission.
Section 496.450 - Application for project; subjects for projects; conditions for approval.
Section 496.458 - Remote hatchbox program; rules.
Section 496.470 - Natural production of anadromous fish; rules; priorities.
Section 496.475 - Adoption of basin plans.
Section 496.480 - Reports on basin plans.
Section 496.490 - Fishing tackle program.
Section 496.550 - Migratory waterfowl stamps; design selection; production of stamps and art works.
Section 496.558 - "Upland bird" defined.
Section 496.566 - Contest for stamp design; sale of art works; contracts for stamp matters.
Section 496.630 - District attorneys to prosecute criminal cases; jurisdiction of courts.
Section 496.675 - Seizure without warrant by law enforcement personnel.
Section 496.700 - Investigating violations; summoning witnesses.
Section 496.705 - Damage suits for unlawful killing of wildlife; exception; jurisdiction of courts.
Section 496.716 - Wildlife inspection stations.
Section 496.750 - Wildlife Law Violator Compact.
Section 496.815 - Definitions for ORS 496.815 to 496.825.
Section 496.820 - Permit or license fee.
Section 496.825 - Application fee; exception.
Section 496.835 - Oregon Fish and Wildlife Hydroelectric Fund.
Section 496.850 - Community outreach and education regarding recreational harvesting of shellfish.
Section 496.992 - Penalties; revocation; forfeiture.
Section 496.994 - Obstructing the taking of wildlife prohibited.
Section 496.996 - Attempts to take wildlife decoy as unlawful wildlife taking.