Section 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 or 497.121 is a Class A violation if the offense is committed without a culpable mental state.(8) A violation of ORS 496.994 is a Class A violation if the offense is committed without a culpable mental state.(9) A violation of ORS 498.136, 498.142 or 498.146 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 (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 (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 (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)(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 (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 (2) as damages for the unlawful taking or killing.(b) If the amount that the commission could recover under ORS 496.705 (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, 161.625 or 161.635 or a specific fine statute, notwithstanding ORS 153.018, 161.625 or 161.635 or any specific fine statute, the maximum fine for the offense is the amount that the commission could recover under ORS 496.705 (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 (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 (2) to recover damages for the unlawful taking or killing. However, notwithstanding ORS 496.705, the amount recoverable under ORS 496.705 (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)(a) If a court imposes a fine as penalty for an offense under the wildlife laws that involves a violation of a rule related to the list of prohibited species, as defined in ORS 498.072, 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 commission. The clerk shall pay over to the commission the amount that the court ordered the defendant to pay separately for that purpose, which shall be the lesser of: (A) The amount of the fine imposed; or(B) The amount that the commission could recover under ORS 498.073 as civil damages.(b) The amount recoverable under ORS 498.073 shall be reduced by the amount paid to the commission under this subsection.(16)(a) In addition to any other penalty authorized by law, the court shall order the commission to revoke all licenses, tags and permits issued to a person in the manner provided for in ORS 497.415(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; 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 (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.(17) 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 commission for disposal in the manner provided for in ORS 496.680.(18) As used in this section: (a) "Culpable mental state" has the meaning given that term in ORS 161.085.(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.(c) "Raptor" means a member of the order Falconiformes or Strigiformes and includes owls, hawks, falcons, eagles, osprey and harriers.Amended by 2022 Ch. 9, § 5, eff. 3/2/2022.Amended by 2019 Ch. 274, § 1, eff. 1/1/2020.Amended by 2018 Ch. 14, § 1, eff. 1/1/2019.Amended by 2016 Ch. 37, § 2, eff. 1/1/2017.Amended by 2015 Ch. 378, § 1, eff. 6/11/2015.1973 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; 2011 c. 597, § 315