(1) It is the
policy of the Commission that the Director may institute suit for the recovery
of damages for the unlawful taking or killing of wildlife pursuant to ORS
In deciding whether to institute suit
against a person convicted of unlawfully taking or killing wildlife, the
Director may consider, but is not limited to, the following criteria:
(a) Whether the person was convicted of
unlawfully taking or killing more than one game or furbearing mammal;
(b) Whether the person was convicted of
selling or wasting the wildlife, or parts thereof, unlawfully taken or
(c) Whether the person
convicted has also been convicted of any previous violations of the wildlife
laws or regulations promulgated pursuant thereto;
(d) Whether the violation for which the
person was convicted occurred outside any authorized season for the species
taken or killed; and
the cumulative value, as established by ORS
496.705, of the wildlife
unlawfully taken or killed is equal to or greater than $100.
Or. Admin. R.
FWC 15-1982, f. & ef.
Stat. Auth.: ORS 496
Stats. Implemented: ORS