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Oregon

West's Oregon Revised Statutes Annotated. Title 41. Wildlife. Chapter 496. Application, Administration and Enforcement of Wildlife Laws. Threatened or Endangered Wildlife Species; Chapter 498. Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures. General Protective Provisions

Statute Details
Printable Version
Citation: O. R. S. 496.171 - 996; 498.026

Citation: OR ST 496.171 - 996; 498.026


Last Checked by Web Center Staff: 01/2014

Summary:   These Oregon statutes set out the definitions and rules relating to the Oregon endangered species laws.  Specifically, Oregon law provides rules for listing based on the federal ESA list as well as the state criteria.  Violation of the law constitutes a Class A misdemeanor with an enhanced felony provision for subsequent convictions involving certain species (i.e., 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 the wildlife laws) within a ten-year period.


Statute in Full:

Title 41. Wildlife. Chapter 496. Application, Administration and Enforcement of Wildlife Laws.
Threatened or Endangered Wildlife Species

496.171. Definitions for ORS 496.171 to 496.182; applicability date.

496.172. Commission management authority for threatened or endangered species; rules.

496.175. Amended by Laws 1971, c. 658, § 4; repealed by Laws 1973, c. 723, § 130

496.176. Listing species; procedure; matters to be considered; periodic review.

496.180. Amended by Laws 1971, c. 658, § 5; repealed by Laws 1973, c. 723, § 130

496.182. Protection and conservation programs; compliance by state agencies.

496.185. Repealed by Laws 1973, c. 723, § 130

496.190. Amended by Laws 1963, c. 154, § 2; Laws 1965, c. 74, § 2; repealed by Laws 1973, c. 723, § 130

496.192. Effect of law on commercial forestland or other private land; effect on other laws.

496.195. Amended by Laws 1959, c. 371, § 2; Laws 1961, c. 343, § 2; Laws 1965, c. 74, § 3; Laws 1967, c. 594, § 3; repealed by Laws 1973, c. 723, § 130

496.200. Repealed by Laws 1973, c. 723, § 130

Penalties

496.992. Penalties

496.994. Unlawful to obstruct the taking of wildlife

496.996. Attempting to take wildlife decoy deemed unlawful taking of wildlife

Chapter 498. Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures. General Protective Provisions

498.026. Transaction in threatened or endangered wildlife species prohibited.

 

 

496.171. Definitions for ORS 496.171 to 496.182; applicability date.

Notwithstanding ORS 496.004, with respect to state agency actions taken under ORS 496.171 to 496.182 after July 17, 1995, as used in ORS 496.171 to 496.182:

(1) "Conservation" means the use of methods and procedures necessary to bring a species to the point at which the measures provided under ORS 496.171 to 496.182 are no longer necessary. Such methods and procedures include, but are not limited to, activities associated with scientific resource management such as research, census taking, law enforcement, habitat acquisition and maintenance, propagation and transplantation.

(2) "Native" means indigenous to Oregon, not introduced.

(3) "Species" means any group or population of wildlife that interbreeds and is substantially reproductively isolated.

(4) "Verifiable" means scientific information reviewed by a scientific peer review panel of outside experts who do not otherwise have a vested interest in the process.

Laws 1995, c. 590, § 2.

 

496.172. Commission management authority for threatened or endangered species; rules.

In carrying out the provisions of the wildlife laws with regard to the management of wildlife that is a threatened species or an endangered species, the State Fish and Wildlife Commission:

(1) Shall conduct investigations of wildlife species native to this state and shall determine whether any such species is a threatened species or an endangered species.

(2) By rule, shall establish and publish, and from time to time may revise, a list of wildlife species that are threatened species or endangered species. Listed threatened species or endangered species shall be protected as provided in ORS 496.182.

(3) Shall work cooperatively with state agencies that have land management authority or regulatory authority to determine their roles within their statutory obligations in the conservation of endangered species, as described in ORS 496.182 (8).

(4) By rule, shall establish a system of permits for scientific taking of threatened species and endangered species and shall establish a system of state permits for incidental taking of state-designated threatened species and endangered species not listed by the federal government under such terms and conditions as the commission determines will minimize the impact on the species taken. An incidental taking permit or statement issued by a federal agency for a species listed under the federal Endangered Species Act of 1973 (P.L. 93- 205, 16 U.S.C. 1531), as amended, shall be recognized by the state as a waiver of any state protection measures or requirements otherwise applicable to the actions allowed under the federal permit.

(5) Shall cooperate with the State Department of Agriculture in carrying out the provisions of ORS 564.105.

(6) Shall adopt administrative rules to carry out the provisions of ORS 496.171 to 496.182 and 498.026.

Laws 1987, c. 686, § 3; Laws 1995, c. 590, § 3.

 

496.175. Amended by Laws 1971, c. 658, § 4; repealed by Laws 1973, c. 723, § 130

 

496.176. Listing species; procedure; matters to be considered; periodic review.

<Text subject to final change by the Oregon Office of the Legislative Counsel.>

(1) The lists of threatened species or endangered species established pursuant to ORS 496.172 (2) shall include:

(a) Those species of wildlife listed as of May 15, 1987, as a threatened species or an endangered species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended; and

(b) Those species determined as of May 15, 1987, by the State Fish and Wildlife Commission to be threatened species or endangered species.

(2) The commission, by rule, may add or remove any wildlife species from either list, or change the status of any species on the lists, upon a determination that the species is or is not a threatened species or an endangered species.

(3) A determination that a species is a threatened species or an endangered species shall be based on documented and verifiable scientific information about the species' biological status. To list a species as a threatened species or an endangered species under ORS 496.004 and 496.171 to 496.182, the commission shall determine that the natural reproductive potential of the species is in danger of failure due to limited population numbers, disease, predation or other natural or human actions affecting its continued existence and, to the extent possible, assess the relative impact of human actions. In addition, the commission shall determine that one or more of the following factors exists:

(a) That most populations are undergoing imminent or active deterioration of their range or primary habitat;

(b) That overutilization for commercial, recreational, scientific or educational purposes is occurring or is likely to occur; or

(c) That existing state or federal programs or regulations are inadequate to protect the species or its habitat.

(4) Determinations required by subsection (3) of this section shall be made by the commission on the basis of verifiable scientific and other data after consultation with federal agencies, other interested state agencies, private landowners, affected cities, affected counties, affected local service districts as defined in ORS 174.116, other states having a common interest in the species and interested persons and organizations.

(5)(a) Any person may petition the commission to, by rule, add, remove or change the status of a species on the list.

(b) A petition shall clearly indicate the action sought and shall include documented scientific information about the species' biological status to justify the requested action.

(c) Within 90 days of receipt of a petition, the commission shall respond in writing to the petitioner indicating whether the petition presents substantial scientific information to warrant the action requested.

(d) If the petition is found to present such information, the commission shall commence rulemaking.

(e) A final determination by the commission concerning the action requested in a petition shall be provided within one year from the date of receipt of the petition, with the option for an additional 12-month extension of time to complete the listing if the commission determines that limited information or other appropriate considerations require the extension.

(f) If the petition is denied, the petitioner may seek judicial review as provided in ORS 183.484.

(6) The commission may determine not to list a species as a threatened species or an endangered species in any of the following cases:

(a) If the species has been listed pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended.

(b) If the species is currently on the list as a sensitive species, or is a candidate species or has been petitioned for listing pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended.

(c) If the species has been determined, pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended, to not qualify as a threatened species or an endangered species.

(7)(a) Notwithstanding subsections (1) to (5) of this section, the commission shall take emergency action to add a species to the list of threatened species or endangered species if it determines there is a significant threat to the continued existence of the species within the state.

(b) The commission shall publish notice of such addition in the Secretary of State's bulletin and shall mail notice to affected or interested persons whose names are included on the commission's mailing list for such purposes.

(c) Such emergency addition shall take effect immediately upon publication in the Secretary of State's bulletin and shall remain valid for a period no longer than one year, unless during the period the commission completes rulemaking procedures as provided in subsection (5) of this section.

(8) The commission shall periodically review the status of all threatened species and endangered species listed under ORS 496.171 to 496.192. Each species shall be reviewed at least once every five years to determine whether verifiable scientific information exists to justify its reclassification or removal from the list, according to the criteria listed under subsections (3) and (4) of this section. If a determination is made to reclassify a species or remove it from the list, the commission, within 90 days, shall commence rulemaking to change the status of the species.

(9) Notwithstanding the provisions of this section, the commission:

(a) May decide not to list a species that otherwise qualifies as a threatened or endangered species within this state if the commission determines that the species is secure outside this state or the species is not of cultural, scientific or commercial significance to the people of this state.

(b) May not include Branta canadensis leucopareia, commonly known as the Aleutian Canada goose, on the lists of threatened species or endangered species.

CREDIT(S)

Laws 1987, c. 686, § 4; Laws 1995, c. 590, § 4; Laws 2005, c. 402, § 1, eff. June 29, 2005; Laws 2011, c. 319, § 20, eff. Jan. 1, 2012; Laws 2012, c. 40, § 1, eff. March 16, 2012.

 

496.180. Amended by Laws 1971, c. 658, § 5; repealed by Laws 1973, c. 723, § 130

 

496.182. Protection and conservation programs; compliance by state agencies.

<Text subject to final change by the Oregon Office of the Legislative Counsel.>

(1) The burden of protecting and recovering threatened species or endangered species can be a significant cost to the citizens of this state and it is therefore the policy of this state to minimize duplication and overlap between state and federal laws dealing with threatened species or endangered species. To this end, nothing in this section is intended to prevent the adoption of cooperative state or federal programs when such programs provide protection for listed species without significant impact on the primary uses of state lands.

(2)(a) At the time the State Fish and Wildlife Commission adds a species to the list of threatened species or endangered species under ORS 496.172, the commission shall establish by rule quantifiable and measurable guidelines that it considers necessary to ensure the survival of individual members of the species. These guidelines may include take avoidance and protecting resource sites such as spawning beds, nest sites, nesting colonies or other sites critical to the survival of individual members of the species.

(b) The commission shall work with private landowners, affected cities, affected counties and affected local service districts, as defined in ORS 174.116, to mitigate the adverse impact on local economies when the commission adds a species to the list of threatened species or endangered species pursuant to ORS 496.172.

(3) For threatened species listed under ORS 496.172 and in the absence of an approved endangered species management plan described in subsection (8) of this section for an endangered species, if a state agency determines that a proposed action on land it owns or leases, or for which it holds a recorded easement, has the potential to violate the guidelines established under subsection (2) of this section, it shall notify the State Department of Fish and Wildlife. Within 90 days of such notice, the department shall recommend reasonable and prudent alternatives, if any, to the proposed action which are consistent with the guidelines.

(4) If a state agency fails to adopt the recommendations made under subsection (3) of this section, it shall, after consultation with the department, demonstrate that:

(a) The potential public benefits of the proposed action outweigh the potential harm from failure to adopt the recommendations; and

(b) Reasonable mitigation and enhancement measures shall be taken, to the extent practicable, to minimize the adverse impact of the action on the affected species.

(5) When an action under this section is initiated by a person other than a state agency, the agency shall provide final approval or denial of the proposed action within 120 days of receipt of a written request for final determination.

(6) The provisions of this section do not apply to lands acquired through foreclosures of loans made pursuant to programs of the Department of Veterans' Affairs.

(7) State land owning or managing agencies shall set priorities for establishing endangered species management plans required by subsection (8) of this section after consultation with the commission on the level of biological threat and, in consideration of available funds, the immediacy and seriousness of the threat to any listed species.

(8)(a)(A) Within four months of the listing of an endangered species, the commission, in consultation and cooperation with the state land owning or managing agency, shall determine if state land can play a role in the conservation of endangered species. The commission and the land owning or managing agency shall consider species biology and geography of the land base to determine if the species or its habitat is found on state land. If the species or its habitat is not found on state land, the commission shall determine that state land has no role to play in the conservation of the species.

(B) If the species or its habitat is found on state land, the land owning or managing agency, in consultation with the State Department of Fish and Wildlife, shall determine the role its state land shall serve in the conservation of the endangered species. This role may include, but is not limited to conservation, contribution toward conservation or take avoidance. To carry out its consulting role under this subsection, the department shall provide state agencies with an assessment of the conservation needs of the endangered species. In making this determination, the land owning or managing agency shall balance the statutory requirements, rules and policies applicable to the agency's programs, the social and economic impacts that conservation would have on the state, the conservation needs of the species, the purpose of the land and the roles of other ownership categories. The agency shall balance these factors consistent with the commission's rules related to the biological aspects of species management and the statutory obligations of the land owning or managing agency, including the statutory purpose of the land.

(C) After determining the role its state land shall serve in conservation of the species, the land owning or managing agency, in consultation with the State Department of Fish and Wildlife and consistent with the commission's rules related to endangered species management plans, shall develop and approve an endangered species management plan within 18 months from the date the species is first listed as endangered. Endangered species management plans shall be based on the statutes, rules and policies applicable to the agency's programs and shall take into account any social or economic impacts that the plan may have on the state. The land owning or managing agency shall submit the plan to the commission for review and approval as provided in subparagraph (D) of this paragraph.

(D) The commission shall review the endangered species management plan approved by the land owning or managing agency under subparagraph (C) of this paragraph to determine whether the plan achieves the role defined for the land under subparagraph (B) of this paragraph. Based on the biology of the endangered species the commission may modify the endangered species management plan if necessary to be consistent with the role the land owning or managing agency has defined for the land under subparagraph (B) of this paragraph and shall approve the plan as submitted or modified within 24 months from the date the species is listed as endangered.

(b) For state agencies other than land owning or managing agencies, the commission, in consultation and cooperation with the agency, shall determine whether the agency can serve a role in the conservation of endangered species. If the commission determines that the agency has a role to play in conservation of the endangered species, the agency shall determine what role it shall serve in conservation of the endangered species. The agency shall make this determination as provided in the commission's rules related to the biological aspects of species management and in a manner consistent with the agency's statutory obligations.

CREDIT(S)

Laws 1987, c. 686, § 5; Laws 1995, c. 590, § 5; Laws 2012, c. 40, § 2, eff. March 16, 2012.

HISTORICAL AND STATUTORY NOTES

2012 Legislation

Laws 2012, c. 40, § 3 (2), eff. March 16, 2012, provides:

“[SECTION 3.] (2) The amendments to ORS 496.182 by section 2 of this 2012 Act apply to species added to the list of threatened species or endangered species pursuant to ORS 496.172 on or after the effective date of this 2012 Act.”

 

496.185. Repealed by Laws 1973, c. 723, § 130

 

496.190. Amended by Laws 1963, c. 154, § 2; Laws 1965, c. 74, § 2; repealed by Laws 1973, c. 723, § 130

 

496.192. Effect of law on commercial forestland or other private land; effect on other laws.

(1) Nothing in ORS 496.004, 496.171 to 496.182 or 498.026 is intended, by itself, to require an owner of any commercial forestland or other private land to take action to protect a threatened species or endangered species, or to impose additional requirements or restrictions on the use of private land.

(2) Notwithstanding subsection (1) of this section, other statutes may authorize administrative rules or programs to protect wildlife species, including threatened species or endangered species, and nothing in ORS 496.004, 496.171 to 496.182 or 498.026 shall diminish the force or effect of such rules or programs.

Laws 1987, c. 686, § 6a.

 

496.195. Amended by Laws 1959, c. 371, § 2; Laws 1961, c. 343, § 2; Laws 1965, c. 74, § 3; Laws 1967, c. 594, § 3; repealed by Laws 1973, c. 723, § 130

 

496.200. Repealed by Laws 1973, c. 723, § 130

  

496.992. Penalties

<Text subject to final change by the Oregon Office of the Legislative Counsel.>

<Text of section operative until Jan. 2, 2015. See, also, section operative Jan. 2, 2015.>

(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) 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, which 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.

(10) 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 with the intent 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.

(11) If more than one minimum fine described in subsection (10) 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.

(12) 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.

CREDIT(S)
Laws 1973, c. 723, § 39; Laws 1975, c. 578, § 3; Laws 1977, c. 350, § 3; Laws 1977, c. 353, § 1; Laws 1983, c. 364, § 1; Laws 1985, c. 372, § 1; Laws 1995, c. 545, § 5; Laws 1999, c. 1051, § 106; Laws 2009, c. 778, § 4, eff. Jan. 1, 2010; Laws 2011, c. 517, § 1, eff. June 23, 2011; Laws 2011, c. 597, § 315, eff. July 1, 2011, operative Jan. 1, 2012.
 


 496.992. Penalties

<Text subject to final change by the Oregon Office of the Legislative Counsel.>

<Text of section operative Jan. 2, 2015. See, also, section operative until Jan. 2, 2015.>

(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) 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, which 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.

(10) As used in this section, “culpable mental state” has the meaning given that term in ORS 161.085.

CREDIT(S)
Laws 1973, c. 723, § 39; Laws 1975, c. 578, § 3; Laws 1977, c. 350, § 3; Laws 1977, c. 353, § 1; Laws 1983, c. 364, § 1; Laws 1985, c. 372, § 1; Laws 1995, c. 545, § 5; Laws 1999, c. 1051, § 106; Laws 2009, c. 778, § 4, eff. Jan. 1, 2010; Laws 2011, c. 517, § 1, eff. June 23, 2011; Laws 2011, c. 517, § 3, eff. June 23, 2011, operative Jan. 2, 2015; Laws 2011, c. 597, § 316, eff. July 1, 2011, operative Jan. 2, 2015.

 
.

496.994. Unlawful to obstruct the taking of wildlife

(1) A person commits the offense of obstructing the taking of wildlife if the person, having no right to do so, interferes with the lawful taking, or the process of taking, of wildlife by another with the intent to prevent the taking.

(2) Obstructing the taking of wildlife is a Class A misdemeanor.

Laws 1987, c. 473, § 2; Laws 1989, c. 171, § 67; Laws 1995, c. 468, § 1.

 

496.996. Attempting to take wildlife decoy deemed unlawful taking of wildlife

(1) A person commits the crime of unlawful taking of wildlife if:

(a) The person discharges a firearm or other hunting device, traps, or acts toward a wildlife decoy in any manner consistent with an unlawful taking of wildlife; and

(b) The wildlife decoy is under the control of law enforcement officials.

(2) As used in this section, "wildlife decoy" means any simulation or replication of wildlife, in whole or in part, used by law enforcement officials for purposes of enforcing state wildlife laws.

Laws 1995, c. 125, § 2.

 

Chapter 498. Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures. General Protective Provisions

498.026. Transaction in threatened or endangered wildlife species prohibited.

(1) Except as provided in subsection (2) of this section, no person shall take, import, export, transport, purchase or sell, or attempt to take, import, export, transport, purchase or sell, any threatened species or endangered species, or the skin, hides or other parts thereof, or any article made in whole or in part from the skin, hide or other parts of any threatened species or endangered species.

(2) Nothing in subsection (1) of this section is intended to prevent the taking, importation, transportation or sale of any threatened species or endangered species in such manner as may be authorized in ORS 496.172, 497.218 to 497.238, 497.298 or 497.308.

(3) Nothing in this section applies to the resale of used skins, hides or other parts of a threatened species or endangered species or an article made in whole or part thereof if the seller acquired the item sold prior to October 5, 1973.

Laws 1973, c. 425, § 2; Laws 1977, c. 242, § 1; Laws 1987, c. 686, § 6.

 



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