Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 496.138

Commission policies and programs; rules; public hearings; agency request budgets

Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      496.138 Commission policies and programs; rules; public hearings; agency request budgets. (1) Consistent with the policy of ORS 496.012, the State Fish and Wildlife Commission shall implement the policies and programs of this state for the management of wildlife. These policies and programs shall consider the uses of public and private lands and utilize voluntary partnerships with private and public landowners to protect and enhance wildlife habitat and effectively manage wildlife. In addition, the commission shall perform any other duty vested in it by law.

      (2) In accordance with the applicable provisions of ORS chapter 183, the commission shall adopt such rules and standards as it considers necessary and proper to implement the policy and objectives of ORS 496.012 and perform the functions vested by law in the commission.

      (3) Except as provided in ORS 183.335 (5), the commission shall cause a public hearing to be held on any proposed rule or standard prior to its adoption. The hearing may be before the commission, any designated member thereof or any person designated by and acting for the commission.

      (4) Before submitting an agency request budget or information to the Governor pursuant to ORS 291.201 to 291.222, the commission shall hold a public hearing on proposals for planned expenditures and enhancement packages that the commission intends to recommend to the Governor for inclusion in the Governor’s budget. [1973 c.723 §12; 1993 c.659 §7; 2016 c.117 §73]

 

      496.140 [Repealed by 1973 c.723 §130]

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1980–2025 · leading case: Mark v. STATE, DEPT. OF FISH AND WILDLIFE
Sort: Relevance Newest Treatment
Mark v. STATE, DEPT. OF FISH AND WILDLIFE (1999) orctapp · cites it 12× “They allege that defendants are negligent by failing to develop a plan that is adequate to control, discourage, or eliminate nudity, by failing adequately to implement the plan that they did adopt, and by failing to consider the effect that nude recreation would have on…”
State v. Tourtillot (1980) or · cites it 2× “10 ORS 496.138 assigns to the State Fish and Wildlife Commission the authority to formulate the necessary policies and programs, including rules made under the Oregon Administrative Procedure Act.”
State v. Tourtillott (1980) or · cites it 2× “[10] ORS 496.138 assigns to the State Fish and Wildlife Commission the authority to formulate the necessary policies and programs, including rules made under the Oregon Administrative Procedure Act.”
Confederated Tribes of Siletz Indians v. Fish & Wildlife Commission (2011) orctapp · cites it 5× “012, ORS 496.138, ORS 496.146, and ORS 496.162 “do not provide an independent state basis to grant special hunting rights to Grand Ronde tribal members[.”
State v. Couch (2004) orctapp “ORS 496.138(2). In addition, ORS 497.308 prohibits any person from removing wildlife from its natural habitat without a permit and authorizes the commission to prescribe the wildlife species for which holding or habitat removal permits are required.”
State v. Hogevoll (2008) orctapp · cites it 6× “[4] Pursuant to the authority granted in ORS 496.138, the commission adopted former OAR XXX-XXX-XXXX (January 1, 2005), which incorporates Oregon Big Game Regulations into the Oregon Administrative Rules.”
Schlip v. Oregon Fish & Wildlife Commission (1985) orctapp “ORS 496.138 provides: “(1) The commission has the authority to formulate and implement the policies and programs of this state for the management of wildlife, and may perform all acts necessary to administer and carry out the provisions of the wildlife laws.”
State v. Mankiller (2025) orctapp “002 provides that wildlife is the property of the state and shall not be hunted or taken (1) 2 See also ORS 496.138(2) (providing more generally that, “[i]n accordance with the applicable provisions of ORS chapter 183, the commission shall adopt such rules and standards as it…”
State v. Mankiller (2025) orctapp “002 provides that wildlife is the property of the state and shall not be hunted or taken (1) 2 See also ORS 496.138(2) (providing more generally that, “[i]n accordance with the applicable provisions of ORS chapter 183, the commission shall adopt such rules and standards as it…”
Marble v. DEPARTMENT OF FISH AND WILDLIFE (2010) orctapp “090; ORS 496.138. 9 The Magnuson-Stevens Act defines “Continental Shelf fishery resources” to include Dungeness crab.”
Audubon Society of Portland v. Oregon Department of Fish & Wildlife (1984) orctapp “ORS 496.138; ORS 183.310(1). It has permit authority.”
— Or. Rev. Stat. § 496.138(1) — 2 cases
Mark v. STATE, DEPT. OF FISH AND WILDLIFE (1999) orctapp “They allege that defendants are negligent by failing to develop a plan that is adequate to control, discourage, or eliminate nudity, by failing adequately to implement the plan that they did adopt, and by failing to consider the effect that nude recreation would have on…”
Confederated Tribes of Siletz Indians v. Fish & Wildlife Commission (2011) orctapp “012, ORS 496.138, ORS 496.146, and ORS 496.162 “do not provide an independent state basis to grant special hunting rights to Grand Ronde tribal members[.”
— Or. Rev. Stat. § 496.138(2) — 6 cases
Mark v. STATE, DEPT. OF FISH AND WILDLIFE (1999) orctapp “They allege that defendants are negligent by failing to develop a plan that is adequate to control, discourage, or eliminate nudity, by failing adequately to implement the plan that they did adopt, and by failing to consider the effect that nude recreation would have on…”
State v. Couch (2004) orctapp “ORS 496.138(2). In addition, ORS 497.308 prohibits any person from removing wildlife from its natural habitat without a permit and authorizes the commission to prescribe the wildlife species for which holding or habitat removal permits are required.”
Confederated Tribes of Siletz Indians v. Fish & Wildlife Commission (2011) orctapp “012, ORS 496.138, ORS 496.146, and ORS 496.162 “do not provide an independent state basis to grant special hunting rights to Grand Ronde tribal members[.”
State v. Hogevoll (2008) orctapp “[4] Pursuant to the authority granted in ORS 496.138, the commission adopted former OAR XXX-XXX-XXXX (January 1, 2005), which incorporates Oregon Big Game Regulations into the Oregon Administrative Rules.”
State v. Mankiller (2025) orctapp “002 provides that wildlife is the property of the state and shall not be hunted or taken (1) 2 See also ORS 496.138(2) (providing more generally that, “[i]n accordance with the applicable provisions of ORS chapter 183, the commission shall adopt such rules and standards as it…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.