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Oregon Revised Statutes

Or. Rev. Stat. § 496.004 (2026)

Definitions

✓ current as of May 2026
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      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) “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, silver gray squirrel and gray wolf as a special status mammal defined by commission rule.

      (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) “Shellfish” has the meaning given that term in ORS 506.011.

      (15) “Species” means any species or subspecies of wildlife.

      (16) “Take” means to kill or obtain possession or control of any wildlife.

      (17) “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.

      (18) “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.

      (19) “Wildlife” means fish, shellfish, amphibians and reptiles, feral swine as defined by State Department of Agriculture rule, wild birds as defined by commission rule and other wild mammals as defined by commission rule. [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; 2003 c.656 §1; 2007 c.523 §1; 2009 c.778 §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]

Notes of Decisions
Cited in 23 cases (8 in the last 5 years), 1980–2025 · leading case: State v. Couch, 147 P.3d 322 (Or. 2006).
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State v. Couch, 147 P.3d 322 (Or. 2006). · cites it 13× “In 1989, the legislature amended that definition to provide, "`[w]ildlife' means fish, wild birds, amphibians, reptiles and wild mammals," ORS 496.004(15) (1989) before giving it its present form in 2001.”
State v. Barton, 468 P.3d 510 (Or. Ct. App. 2020). · cites it 7× “Gensitskiy, 365 Or at 283 ; see also ORS 496.004(1) (defining “angle” as “to take or attempt to take a fish for personal use by means involving hook and line”).”
State v. Stockert, 464 P.3d 151 (Or. Ct. App. 2020). · cites it 11× “” Although “attempt” is not itself defined within the wildlife code, the words “hunt,” “take,” and “wildlife” are defined under ORS 496.004: “(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…”
State v. Hubbell, 500 P.3d 728 (Or. Ct. App. 2021). · cites it 2× “(emphasis added); ORS 496.004(10) (defining “hunt”). In the absence of a definition of “attempt,” the state pointed us to Boyd, arguing that “the word ‘attempt’ in ORS 496.”
Simpson v. Dep't of Fish & Wildlife, 255 P.3d 565 (Or. Ct. App. 2011). · cites it 5× “Couch, 341 Or 610 , 147 P3d 322 (2006), the Supreme Court construed that term as it was then defined in ORS 496.004(19) (2005): “ Wildlife’ means fish, shellfish, wild birds, amphibians and reptiles, feral swine as defined by State Department of Agriculture rule and other wild…”
State v. Couch, 103 P.3d 671 (Or. Ct. App. 2004). · cites it 3× “” ORS 496.004(19), however, provides — albeit somewhat tautologically — that the term “wildlife” means “fish, shellfish, wild birds, amphibians and reptiles, feral swine * * * and other wild mammals.”
State v. Hogevoll, 228 P.3d 569 (Or. 2010). · cites it 2× “” ORS 496.004(10); OAR 635-045-0002(68). 12 OAR 635-002-0005 provides: “Carcasses of edible wildlife, except black bear, shall be disposed of in the following manner: “(1) Donated to public and charitable institutions such as welfare organizations, churches, and others provided…”
State v. Tourtillot, 618 P.2d 423 (Or. 1980). “” ORS 496.004 defines wildlife: "(12) Wildlife’ means game fish, wild birds, amphibians, reptiles and wild mammals except whales and porpoises.”
State v. Tourtillott, 618 P.2d 423 (Or. 1980). “" [10] ORS 496.004 defines wildlife: "(12) `Wildlife' means game fish, wild birds, amphibians, reptiles and wild mammals except whales and porpoises.”
State v. Hogevoll, 196 P.3d 1008 (Or. Ct. App. 2008). · cites it 8× “" ORS 496.004(16) defines "take" to mean "to kill or obtain possession or control of any wildlife.”
State v. O'Hare, 481 P.3d 953 (Or. Ct. App. 2021). “meant to “attempt to take” wildlife in the wildlife statutes, we observed: “Notwithstanding our approach to the construction of the Controlled Substances Act in Boyd—an approach that does not comport with the stat- utory construction methodology we would be required to apply…”
State v. Couch, 147 P.3d 322 (Or. 2006). · cites it 12× “In 1989, the legislature amended that definition to provide, “ £[w]ildlife’ means fish, wild birds, amphibians, reptiles and wild mammals,” ORS 496.004(15) (1989) before giving it its present form in 2001.”
Show all 23 citing cases →
— Or. Rev. Stat. § 496.004(1) — 1 case
State v. Barton, 468 P.3d 510 (Or. Ct. App. 2020). “Gensitskiy, 365 Or at 283 ; see also ORS 496.004(1) (defining “angle” as “to take or attempt to take a fish for personal use by means involving hook and line”).”
— Or. Rev. Stat. § 496.004(10) — 7 cases
State v. Stockert, 464 P.3d 151 (Or. Ct. App. 2020). “” Although “attempt” is not itself defined within the wildlife code, the words “hunt,” “take,” and “wildlife” are defined under ORS 496.004: “(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…”
State v. Hubbell, 500 P.3d 728 (Or. Ct. App. 2021). “(emphasis added); ORS 496.004(10) (defining “hunt”). In the absence of a definition of “attempt,” the state pointed us to Boyd, arguing that “the word ‘attempt’ in ORS 496.”
State v. Barton, 468 P.3d 510 (Or. Ct. App. 2020). “Gensitskiy, 365 Or at 283 ; see also ORS 496.004(1) (defining “angle” as “to take or attempt to take a fish for personal use by means involving hook and line”).”
State v. Hogevoll, 228 P.3d 569 (Or. 2010). “” ORS 496.004(10); OAR 635-045-0002(68). 12 OAR 635-002-0005 provides: “Carcasses of edible wildlife, except black bear, shall be disposed of in the following manner: “(1) Donated to public and charitable institutions such as welfare organizations, churches, and others provided…”
State v. O'Hare, 481 P.3d 953 (Or. Ct. App. 2021). “meant to “attempt to take” wildlife in the wildlife statutes, we observed: “Notwithstanding our approach to the construction of the Controlled Substances Act in Boyd—an approach that does not comport with the stat- utory construction methodology we would be required to apply…”
— Or. Rev. Stat. § 496.004(15) — 2 cases
State v. Couch, 147 P.3d 322 (Or. 2006). “In 1989, the legislature amended that definition to provide, "`[w]ildlife' means fish, wild birds, amphibians, reptiles and wild mammals," ORS 496.004(15) (1989) before giving it its present form in 2001.”
State v. Couch, 147 P.3d 322 (Or. 2006). “In 1989, the legislature amended that definition to provide, “ £[w]ildlife’ means fish, wild birds, amphibians, reptiles and wild mammals,” ORS 496.004(15) (1989) before giving it its present form in 2001.”
— Or. Rev. Stat. § 496.004(16) — 7 cases
State v. Barton, 468 P.3d 510 (Or. Ct. App. 2020). “Gensitskiy, 365 Or at 283 ; see also ORS 496.004(1) (defining “angle” as “to take or attempt to take a fish for personal use by means involving hook and line”).”
State v. Hogevoll, 228 P.3d 569 (Or. 2010). “” ORS 496.004(10); OAR 635-045-0002(68). 12 OAR 635-002-0005 provides: “Carcasses of edible wildlife, except black bear, shall be disposed of in the following manner: “(1) Donated to public and charitable institutions such as welfare organizations, churches, and others provided…”
State v. Hogevoll, 196 P.3d 1008 (Or. Ct. App. 2008). “" ORS 496.004(16) defines "take" to mean "to kill or obtain possession or control of any wildlife.”
State v. Stockert, 464 P.3d 151 (Or. Ct. App. 2020). “” Although “attempt” is not itself defined within the wildlife code, the words “hunt,” “take,” and “wildlife” are defined under ORS 496.004: “(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…”
State v. Plagmann/Samora, 469 P.3d 288 (Or. Ct. App. 2020).
— Or. Rev. Stat. § 496.004(18) — 1 case
State v. Barton, 468 P.3d 510 (Or. Ct. App. 2020). “Gensitskiy, 365 Or at 283 ; see also ORS 496.004(1) (defining “angle” as “to take or attempt to take a fish for personal use by means involving hook and line”).”
— Or. Rev. Stat. § 496.004(19) — 6 cases
State v. Couch, 147 P.3d 322 (Or. 2006). “In 1989, the legislature amended that definition to provide, "`[w]ildlife' means fish, wild birds, amphibians, reptiles and wild mammals," ORS 496.004(15) (1989) before giving it its present form in 2001.”
Simpson v. Dep't of Fish & Wildlife, 255 P.3d 565 (Or. Ct. App. 2011). “Couch, 341 Or 610 , 147 P3d 322 (2006), the Supreme Court construed that term as it was then defined in ORS 496.004(19) (2005): “ Wildlife’ means fish, shellfish, wild birds, amphibians and reptiles, feral swine as defined by State Department of Agriculture rule and other wild…”
State v. Couch, 103 P.3d 671 (Or. Ct. App. 2004). “” ORS 496.004(19), however, provides — albeit somewhat tautologically — that the term “wildlife” means “fish, shellfish, wild birds, amphibians and reptiles, feral swine * * * and other wild mammals.”
State v. Stockert, 464 P.3d 151 (Or. Ct. App. 2020). “” Although “attempt” is not itself defined within the wildlife code, the words “hunt,” “take,” and “wildlife” are defined under ORS 496.004: “(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…”
State v. Couch, 147 P.3d 322 (Or. 2006). “In 1989, the legislature amended that definition to provide, “ £[w]ildlife’ means fish, wild birds, amphibians, reptiles and wild mammals,” ORS 496.004(15) (1989) before giving it its present form in 2001.”
— Or. Rev. Stat. § 496.004(6) — 2 cases
Cascadia Wildlands v. Dept. of Fish & Wildlife, 300 Or. App. 648 (Or. Ct. App. 2019).
Cnty. of Morrow v. Dep't of Fish & Wildlife, 37 P.3d 180 (Or. Ct. App. 2001).
— Or. Rev. Stat. § 496.004(9) — 5 cases
State v. Couch, 147 P.3d 322 (Or. 2006). “In 1989, the legislature amended that definition to provide, "`[w]ildlife' means fish, wild birds, amphibians, reptiles and wild mammals," ORS 496.004(15) (1989) before giving it its present form in 2001.”
State v. Couch, 103 P.3d 671 (Or. Ct. App. 2004). “” ORS 496.004(19), however, provides — albeit somewhat tautologically — that the term “wildlife” means “fish, shellfish, wild birds, amphibians and reptiles, feral swine * * * and other wild mammals.”
State v. Mankiller, 344 Or. App. 327 (Or. Ct. App. 2025).
State v. Couch, 147 P.3d 322 (Or. 2006). “In 1989, the legislature amended that definition to provide, “ £[w]ildlife’ means fish, wild birds, amphibians, reptiles and wild mammals,” ORS 496.004(15) (1989) before giving it its present form in 2001.”
State v. Mankiller, 344 Or. App. 327 (Or. Ct. App. 2025).
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