Simpson v. Department of Fish & Wildlife

ORS 498.002(1) provides, in part, that “[w]ildlife is the property of the state.” Petitioners own game ranches in Oregon. Most of their animals are defined by administrative rule as “wildlife.” Petitioners sought a declaratory ruling from the Department of Fish and Wildlife (ODFW) as to whether their animals are the “property of the state” under ORS 498.002(1). ODFW ruled that the state does not own or have any proprietary or possessory interest in petitioners’ animals. Petitioners seek judicial review, arguing that ODFW erred in failing to declare that their animals are the property of the…