Full Statute Name:  Prohibits purchase or sale of parts or products from certain wildlife species; exceptions; civil penalties

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Primary Citation:  Measure 100 (2016) Country of Origin:  United States Last Checked:  October, 2016 Date Adopted:  2016
Summary: Official Summary: Existing Oregon law does not prohibit sale of wildlife parts/products for non native species, except shark fins. Existing federal law does not prohibit intrastate sales of wildlife parts, with exceptions. Measure amends ORS 498.022 to prohibit purchase, sale, or possession with intent to sell of parts/products from elephant, rhinoceros, whale, tiger, lion, leopard, cheetah, jaguar, pangolin, sea turtle, shark, ray. Imposes civil penalties. Creates exceptions: law enforcement activities; activities authorized by federal law; fish managed under federal plan; certain antiques (over l00 years old) and musical instruments with less than 200 grams of parts; noncommercial transfers through estates, trusts, gifts; possession by tribal members. Other exceptions. Fish and Wildlife Commission may adopt rules, including prohibiting purchase/sale of parts "closely" resembling listed species parts. A "Yes" vote prohibits purchase/sale of parts/products from certain wildlife species; exceptions for specified activities, gift/inheritances, and certain antiques/musical instruments; civil penalties. A "No" vote maintains current Oregon law which does not prohibit purchase or sale of parts or products from species not native to Oregon, except for shark fins.
Documents:  PDF icon Oregon Measure 100 2016.pdf (96.73 KB)
Statute Text: 

Explanatory Statement [official]

Ballot Measure 100 amends Oregon law to expressly prohibit the purchase of, sale of, offer for sale of or possession of with intent to sell a “covered animal species” part or product. The measure defines “covered animal species” to mean any species of elephant, rhinoceros, whale, tiger, lion, leopard, cheetah, jaguar, pangolin, sea turtle, ray and, with the exception of spiny dogfish, shark.

The measure creates nine exceptions to the prohibition. The exceptions are for law enforcement activities, activities otherwise expressly authorized by state or federal law, activities involving federally managed fish, certain antiques more than 100 years old, certain fixed components of musical instruments, transfers of ownership by inheritance, certain donations for scientific or education purposes, and covered animal species parts or products possessed by enrolled members of federally-recognized Indian tribes.

Existing federal law generally allows for the sale, trade or distribution of wildlife parts if the transaction occurs wholly within the boundaries of a single state. The Oregon Fish and Wildlife Commission may authorize the purchase, sale or exchange of other wildlife by rule. The rules currently adopted by the commission generally allow persons to purchase, sell or exchange the parts of animal species that are not native to Oregon. Current Oregon statutes expressly prohibit possessing, selling, trading or distributing only shark fins, except spiny dogfish fins.

The measure provides that a violation of the prohibition is punishable by a civil penalty of up to $6,500, or twice the total value of the prohibited part or product, whichever is greater, and allows the Oregon Fish and Wildlife Commission to adopt rules necessary to implement the prohibition.

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