Hunting/Poaching fines..

[huntercgr]

Isn't there a listing of fines on the web that pertain to wildlife violations?

Anyone have a link?

[CombinationLicense]

The fines ae set by the Oregon Legislature and can be found in the Oregon Revised Statutes Section 496.705. How the monies are handled after collection is covered in ORS 496.715. Hope that's what you were looking for.



"CL"


496.705 Damage suits for unlawful killing of wildlife; jurisdiction of courts. (1) The State Fish and Wildlife Commission may institute suit for the recovery of damages for the unlawful taking or killing of any of the wildlife referred to in subsection (2) of this section that are the property of the state.
(2) The damages referred to in subsection (1) of this section shall be as follows:
(a) Each game mammal other than mountain sheep, mountain goat, elk or silver gray squirrel, $800.
(b) Each mountain sheep or mountain goat, $6,800.
(c) Each elk, $1,500.
(d) Each silver gray squirrel, $20.
(e) Each game bird other than wild turkey, $20.
(f) Each wild turkey, $100.
(g) Each game fish other than salmon, steelhead trout, halibut or sturgeon, $10.
(h) Each salmon, steelhead trout, halibut or sturgeon, $250.
(i) Each fur-bearing mammal other than bobcat or fisher, $100.
(j) Each bobcat or fisher, $700.
(k) 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, $1,000.
(L) 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.
(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. [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]

496.715 Disposition of fines. (1) One-half of all fines imposed in justice courts as provided in the wildlife laws and collected in money shall be credited and distributed under ORS 137.293 and 137.295, to the treasurer of the county in which the action or proceeding is commenced, as a monetary obligation payable to the county, to be credited to the general fund of the county. One-half of all fines so imposed and collected in justice courts shall be credited and distributed under ORS 137.293 and 137.295, as a monetary obligation payable to the state. Fines so imposed and collected in circuit courts shall be credited and distributed under ORS 137.293 and 137.295, as monetary obligations payable to the state. The district attorney of the county, upon payment of any judgment, shall satisfy it of record as attorney for the state.
(2) Payment of fines collected in justice courts under this section shall be made within the first 20 days of the month following the month in which collected. [Amended by 1959 c.530 §8; 1961 c.391 §1; 1971 c.186 §5; 1973 c.723 §34; 1981 s.s. c.3 §115; 1983 c.763 §50; 1987 c.905 §25; 1995 c.658 §107]

[huntercgr]

Thanks CL, some good info there. What about things like hunting w/o a proper tag, etc?

[CombinationLicense]

Pretty sure it's $75 if it doesn't involve actually taking an animal. Check out ORS 496.951 (a)



"CL"

BTW - I included a couple more sections that are relevant to some other recent topics.


496.951 Base fines for wildlife law violations. (1) The base fine amount for a violation of wildlife laws or rules as described in ORS 496.992 (2) that is required in violation proceedings under ORS chapter 153 shall be as follows:
(a) Violations that do not involve the taking of wildlife, except for violations of the nonresident licensing provisions of ORS 497.102 and 497.121 and the provisions of ORS 496.994, $75.
(b) Violations that involve the taking of nongame mammals or game birds, and size or quantity limits for fish and shellfish, except salmon, steelhead trout and sturgeon, $150.
(c) Violations that involve the taking of salmon, steelhead trout, sturgeon, wildlife not otherwise provided for and all other wildlife offenses, $299.
(2) The base fine amount established under subsection (1) of this section includes the unitary assessment required under ORS 137.290 and the county assessment required under ORS 137.309.
(3) A court may not establish a base fine amount for a violation of an offense described in subsection (1) of this section other than the amount listed in this section. [1995 c.545 §4; 1997 c.19 §1; 1999 c.1051 §105]

496.992 Penalties. (1) Except as otherwise provided by ORS 153.022 and other law, violation of any provision of the wildlife laws, or any rule promulgated pursuant thereto, is a Class A misdemeanor when the offense is committed with a culpable mental state as defined in ORS 161.085. If the defendant is sentenced to pay a fine, failure to pay the fine, or any portion thereof, shall be treated as provided in ORS 161.685.
(2) Except as otherwise provided by ORS 153.022 and other law, violation of any provision of the wildlife laws or any rule promulgated pursuant thereto is punishable as a Class A violation in the manner prescribed in ORS chapter 153 when the offense is committed with no culpable mental state as defined in ORS 161.085.
(3) The second and each subsequent conviction within a 10-year period for 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 the wildlife laws or any rule promulgated 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 when the offense is committed with a culpable mental state as defined in ORS 161.085. [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]

496.994 Obstructing the taking of wildlife prohibited. (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. [1987 c.473 §2; 1989 c.171 §67; 1995 c.468 §1]

496.996 Attempts to take wildlife decoy as unlawful wildlife taking. (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. [1995 c.125 §2]

[huntercgr]

Pretty sure it's $75 if it doesn't involve actually taking an animal.

That's what I was afraid of. Therein lies part of the poaching problem. Any yahoo can go hunting w/o a license and w/o a tag for the same price as a fine and buck the odds of getting caught. $75 is not a deterent IMO, and somehow needs to be changed.

[dla]

What's the fine for stealing a pair of jeans?

Shouldn't the fines be relative to the value of the goods stolen? What is the value of a deer to the State? How much does the State have invested in a deer?

I don't like people not playing by the rules. But face it, there's a reason why the fines are so low. Could it be that we forum-dwellers tend to go a bit overboard on the punishment? Seems like what we're really lacking is enforcement, not bigger fines.

[CombinationLicense]

I think the $75 amount is specifically reserved for the lower end of the spectrum - things like forgetting to sign your license or tag, failing to update your HIP information or misinterpreting a minor regulation come to mind. In instances where game is actually taken illegally the amount doubles right away to $150 and then there species specific fines on top of that.

That being said, I am a proponent of stronger enforcement and would agree with higher fines for wildlife violations in most situations. I think it makes sense to have a lower amount to get people's attention that make an "honest mistake". As far as hunting or fishing without a license goes, getting caught should hurt - like a $1000 fine that can't be reduced by the judge.

A word about wildlife enforcement - OSP's Wildlife Division is tasked with the bulk of the enforcement effort and their funding comes from ODFW's budget. ODFW's budget comes from "hunter dollars" (license/tag sales, etc...) and Pitman-Roberts tax revenue. The declining number of hunters has negatively impacted this revenue stream and the "cost of doing business" rises every year. Rising cost + reduced income = less buying power for ODFW and that equates to reduced services and higher fees for us.

There have been lots of threads (including some of my own) that point the finger at ODFW's less than thrifty spending habits. However, they are a state bureaucracy and boondoggles aren't anything new - the declining hunter numbers and the money that goes with them are. It's easy to just look at one issue like "Mentored Youth Hunting" or ODFW fee increases negatively but they are all related. Looking at the big picture helps make sense of it and the short and simple answer is to increase the number of hunters. Again, think big picture - I am not just talking about deer and elk rifle hunting since there are lots of other opportunities for hunters in Oregon.

"CL"

[huntercgr]

I agree CL. And am too tired to delve deeper.

Shouldn't the fines be relative to the value of the goods stolen?

dla, I disagree. Your analogy means if a guy steals a $10 pair of jeans his only fine is $10? That's a small chance he'll take.

How about if, just for example, we all agree to place a value of $100 on a buck deer. Now, let's say a guy takes a buck deer w/o a tag and w/o a license. Who is he taking that buck from? Let's say he takes it from the Heppner unit where there are approx. 3300 buck hunters. To me, I would say the fine is $333,000. Radical yes. Realistic, no. But, it will take that kind of deterent to stop this.

A $75 fine, with a probable reduction, IF caught w/o a tag and w/o a license is not a deterent.