OAG 79-71.

• Case Date: June 06, 1979
• Court: Oregon

Oregon Attorney General Opinions 1979. OAG 79-71. 728OPINION NO. 79-71[39 Or. Op. Atty. Gen. 728]No. 7766June 6, 1979Honorable Clayton C. Klein, Jr. State RepresentativeFIRST QUESTION PRESENTEDDoes either the definition of "wildlife" in ORS 496.004(12) or the statement of wildlife policy in ORS 496.012 restrict the jurisdiction of the Fish and Wildlife Commission only to wildlife indigenous to the State of Oregon?ANSWER GIVENNo.SECOND QUESTION PRESENTEDOver what non-indigenous animals does the commission have jurisdiction?ANSWER GIVENNon-indigenous animals must meet two standards to be within the definition of "wildlife" and thus under the jurisdiction of the commission:1. The animals must be members of species which exist primarily in the wild state, excluding species which although they may in fact exist primarily in the wild state, have been bred and maintained in captivity in the United States in large numbers for many years and do not exist 729in the wild state in the United States (e.g., parakeets, hamsters).2. The species must be capable of existing in the wild state in the State of Oregon, so as to compete with existing (indigenous or introduced) wildlife. DISCUSSION This opinion relates to the extent of the jurisdiction of the Fish and Wildlife Commission over non-native animals, including birds, reptiles and amphibians, brought into this state. We suppose that the concern is primarily with the petstore trade in exotic animals such as ocelots, monkeys and parrots. May the commission regulate such trade, and if so, must it? The principal focus of this opinion is on ORS 496.004(12), the statute which defines "wildlife" for purposes of ORS ch 496, 497, 498 and 501, collectively cited as the "wildlife laws." ORS 496.002. If an animal is within the definition of "wildlife," it is within the jurisdiction of the commission. ORS 496.004(12) provides. " 'Wildlife' means game fish, wild birds, amphibians, reptiles and wild mammals except whales and porpoises." Before 1971, the jurisdiction of the then-Game Commission(fn1) extended only to "game animals." ORS 495.006(1) (1969 Replacement Part). In 1971, the legislature enacted HB 1123 which included the present definition of "wildlife." Oregon Laws 1971, ch 658, sec 1. A member of the House of Representatives explained in committee that the purpose of the bill was to...