justicedao/ipfs_state_laws huggingface dataset:
635-047-0005 Time, Place, and Manner of Hunting Privately Owned Game Birds (1) The time and length of season allowed any given hunting preserve shall be determined on the basis of potential conflict with wild populations, provided that no open season shall be allowed between April 1 and July 31 of any year. (2) The manner of taking shall comply with Oregon Laws and be consistent with recognized standards. Statutory/Other Authority: ORS 496.112, 496.138, 496.146 & 496.162 Statutes/Other Implemented: ORS 496.112, 496.138, 496.146 & 496.162 History: DFW 7-2002, f. & cert. ef. 1-17-02 GC 101, f. 7-9-59, Renumbered from 630-023-0005, 635-007-0005
635-047-0015 Species (1) The species which may be released and hunted shall be listed on any application for a hunting preserve at the time of application. The applicant may request amendment of the species to be released and hunted at the time of license renewal. (2) Game bird species that may be released and hunted on private hunting preserves are limited by this rule to those members of the family Phasianidae, commonly known as pheasants, quail, and partridge. Statutory/Other Authority: ORS 496.112, 496.138, 496.146 & 496.162 Statutes/Other Implemented: ORS 496.112, 496.138, 496.146 & 496.162 History: DFW 7-2002, f. & cert. ef. 1-17-02 GC 101, f. 7-9-59, Renumbered from 630-023-0015, 635-007-0015 FWC 115-1992, f. & cert. ef. 10-28-92
635-047-0020 Care of Birds and Sanitary Requirements (1) The facilities for holding not less than 500 of each species authorized shall be situated upon the hunting preserve or on any other property of the applicant. (2) Operators may purchase birds from licensed game breeders but must indicate that intent upon the application. (3) The operator shall provide a minimum holding space of 25 square feet for pheasants and mountain quail, 15 square feet for partridge, and 12 square feet for all other quail species per bird under wire, or a combination of covered pens and braille pens. (4) The department has the right to inspect hunting preserve facilities by a delegated representative of the department or Oregon State Police at any reasonable time. (5) Birds to be released must be in a healthy condition and not less than 10 weeks of age. Statutory/Other Authority: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & 497.248 Statutes/Other Implemented: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & .248 History: DFW 7-2002, f. & cert. ef. 1-17-02 GC 101, f. 7-9-59, Renumbered from 630-023-0020, 635-007-0020 FWC 115-1992, f. & cert. ef. 10-28-92 DFW 86-1999, f. & cert. ef. 11-1-99
635-047-0025 Marking of Birds All privately owned game birds to be released must be premarked in a manner prescribed by the Department: (1) All game birds reared for release upon hunting preserves shall be identified by a healed toe mark or be marked with a plastic poultry band or marked by a nasal scar. A nasal scar is a permanent deformity caused by an anti-pecking device. For a healed toe mark, the terminal joint, including the entire toenail, shall be clipped from the outside of the right foot of each chick. (2) In the event that an operator acquires birds that have not been marked, they shall be banded prior to release by the operator with plastic poultry bands or other bands approved by the Department. (3) Any wild game bird incidentally taken upon a hunting preserve at any time other than the general open season therefore shall be immediately marked with a wild bird seal that has been issued by the Department. The fee for such seals shall be $17.00 each. Any unused wild bird seals may be submitted for refund not later than 30 days after the close of business if a preserve discontinues operation. (4) Operators shall pay for in advance and have on hand not less than 10 wild bird seals at all times. (5) A wild bird seal shall be securely affixed to any wild bird taken outside the general season or any wild hen pheasant before it leaves the premises of the hunting preserve. (6) A record of the date of issue and the names and address of persons receiving wild bird seals must be maintained by the operator and available to Department personnel or enforcement officers at all times. Statutory/Other Authority: SB 247 (2015), ORS 496.012, ORS 496.138, ORS 496.570, ORS 497.102, ORS 497.156 & ORS 497.248 Statutes/Other Implemented: ORS 496.012, ORS 496.138, ORS 496.570, ORS 497.102, ORS 497.156 & .248 History: DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019 DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017 DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16 DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10 DFW 68-2007, f. & cert. ef. 8-14-07 DFW 21-2007, f. & cert. ef. 3-30-07 DFW 5-2007, f. & cert, ef, 1-18-07 DFW 66-2006(Temp), f. & cert. ef. 7-25-06 thru 1-15-07 DFW 7-2002, f. & cert. ef. 1-17-02 DFW 86-1999, f. & cert. ef. 11-1-99 FWC 115-1992, f. & cert. ef. 10-28-92 GC 101, f. 7-9-59, Renumbered from 630-023-0025, 635-007-0025
635-047-0030 Length of Season The department shall determine the length of the season during which the hunting preserve shall operate, except that the shooting season on any preserve shall not be open between April 1 and July 31. Statutory/Other Authority: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & 497.248 Statutes/Other Implemented: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & .248 History: DFW 7-2002, f. & cert. ef. 1-17-02 GC 101, f. 7-9-59, Renumbered from 630-023-0030, Renumbered from 635-007-0030; FWC 115-1992, f. & cert. ef. 10-28-92; DFW 86-1999, f. & cert. ef. 11-1-99
635-047-0032 Transportation of Killed Birds Birds killed on a hunting preserve may be cleaned, wrapped, and packaged for transport. These birds shall be accompanied by a transportation form provided by the preserve operator stating preserve name, signature, address, and hunting license number of the hunter. In addition, species, number, sex (pheasants only) and harvest date of the birds being transported shall be included. Birds not cleaned, wrapped, and packaged shall be transported with a fully feathered head attached. Statutory/Other Authority: ORS 496.112, 496.138, 496.146 & 496.162 Statutes/Other Implemented: ORS 496.112, 496.138, 496.146 & 496.162 History: DFW 7-2002, f. & cert. ef. 1-17-02
635-047-0035 Fees (1) Fee for hunting preserve license shall be $230.00 (plus a $2.00 license agent fee) per year. (2) Licenses issued under this rule shall be issued for a period of July 1 to June 30 of the following year. Statutory/Other Authority: SB 247 (2015), ORS 496.112, ORS 496.138, ORS 496.146 & ORS 496.162 Statutes/Other Implemented: ORS 496.112, ORS 496.138, ORS 496.146 & ORS 496.162 History: DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019 DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017 DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16 GC 101, f. 7-9-59, Renumbered from 630-023-0035, Renumbered from 635-007-0035; FWC 115-1992, f. & cert. ef. 10-28-92; DFW 7-2002, f. & cert. ef. 1-17-02; DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
635-047-0040 Records (1) Each hunting preserve operator shall maintain a registration book listing names, addresses, and hunting license numbers of all shooters; the date on which they hunted; the amount of game and species taken, and the markings affixed to each carcass. An accurate record likewise must be maintained of the total number, by species, of game raised or purchased, and the date and number of all species released. These records shall be open to inspection by a delegated representative of the department or Oregon State Police at any reasonable time. (2) A report of each year's operation and an annual renewal form shall be submitted to the department within 30 days after the close of the season. Report forms will be provided by the department. Statutory/Other Authority: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & 497.248 Statutes/Other Implemented: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & .248 History: DFW 7-2002, f. & cert. ef. 1-17-02 DFW 86-1999, f. & cert. ef. 11-1-99 FWC 115-1992, f. & cert. ef. 10-28-92 GC 101, f. 7-9-59, Renumbered from 630-023-0040, 635-007-0040
635-047-0045 License Requirements of Hunters (1) State hunting licenses shall be required of all persons hunting on hunting preserves. Residents shall be required to possess either a resident hunting license or an annual resident private hunting preserve permit. The resident private hunting preserve permit shall cost $4.50 (plus a $2.00 license agent fee) and is good for the entire hunting preserve season on any licensed hunting preserve. Nonresidents shall be required to possess a regular nonresident hunting license, or an annual nonresident private hunting preserve permit. The nonresident private hunting preserve permit shall cost $12.00 (plus a $2.00 license agent fee) and shall be good for the entire hunting preserve season on any licensed hunting preserve in the state. (2) Operators may obtain special hunting preserve permits for reissue to their clients from the Department. Operators who are not authorized license agents of the Department shall pay in advance for the special $4.50 (plus a $2.00 license agent fee) resident and $12.00 (plus a $2.00 license agent fee) nonresident hunting preserve permits and maintain a record of all sales. Operators shall have on hand a minimum of not less than ten resident and not less than ten nonresident special preserve permits at all times. Operators may return unissued preserve permits for refund within 30 days of close of business in the event they discontinue operation. Statutory/Other Authority: SB 247 (2015), ORS 496.012, ORS 496.138, ORS 496.570, ORS 497.102, ORS 497.156 & ORS 497.248 Statutes/Other Implemented: ORS 496.012, ORS 496.138, ORS 496.570, ORS 497.102, ORS 497.156 & .248 History: DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019 DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017 DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16 GC 101, f. 7-9-59, Renumbered from 630-023-0045, Renumbered from 635-007-0045; FWC 115-1992, f. & cert. ef. 10-28-92; DFW 86-1999, f. & cert. ef. 11-1-99; DFW 7-2002, f. & cert. ef. 1-17-02; DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10
635-047-0050 Revocation (1) In addition to the penalties provided in ORS 496.992, the Department may revoke or refuse to renew a license for a hunting preserve if the operator fails to comply with any rule in relation to the operation of a private hunting preserve or with ORS 497.248. (2) A new license may not be issued to a person whose license has been revoked unless it appears to the satisfaction of the Department that the person will comply with the rules for the operation of a hunting preserve and ORS 497.248. (3) Notwithstanding subsection (1) of this section, the Department may not revoke a license for a first violation. (4) Prior to revoking or refusing to renew a license, the Department shall serve written notice, in the manner prescribed for contested case proceedings pursuant to ORS 183.415, on the operator of the private hunting preserve, ordering the operator to: (a) Notify the Department within 30 days of the service of the notice if the operator seeks a review of the proposed revocation or refusal to renew the license in the manner provided for contested case proceedings in ORS 183.413 to 183.470; and (b) Set forth in any notification under paragraph (a) of this subsection the operator’s reasons why the license should be renewed or not be revoked. (5) At the conclusion of a contested case proceeding conducted by the department pursuant to subsection (4) of this section, an operator may petition the Commission for a review of the determination by the Department. Statutory/Other Authority: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & 497.248 Statutes/Other Implemented: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & .248 History: DFW 7-2002, f. & cert. ef. 1-17-02 DFW 86-1999, f. & cert. ef. 11-1-99 FWC 115-1992, f. & cert. ef. 10-28-92 GC 101, f. 7-9-59, Renumbered from 630-023-0050, 635-007-0050
635-048-0005 Hunter Education Certificate (1) Anyone younger than 18 years of age shall have proof of hunter education in their possession when hunting on land other than their own property or that of their parent or legal guardian, except youth participating in the Mentored Youth Program. Proof of hunter education means a certificate or license that includes hunter education number. (2) For people younger than 18 years of age, hunter education training must include both a classroom (physical or virtual) component and a field day. Statutory/Other Authority: ORS 496 & 497 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 497.360 History: DFW 155-2021, temporary amend filed 09/30/2021, effective 09/30/2021 through 03/28/2022 DFW 144-2020, temporary amend filed 10/28/2020, effective 10/28/2020 through 03/31/2021 DFW 51-2020, temporary amend filed 05/01/2020, effective 05/01/2020 through 10/27/2020 DFW 162-2014, f. & cert. ef. 12-10-14 3WC 6, f. 2-28-74, ef. 7-1-74, Renumbered from 630-040-0056, Renumbered from 635-025-0005; FWC 73-1986, f. & ef. 11-4-86; FWC 54-1997, f. & cert. ef. 9-3-97; DFW 131-2007, f. 12-20-07, cert. ef. 1-1-08
635-048-0010 Hunter Education Course Fee A $10.00 application fee will be collected from students enrolled in a hunter education or bowhunter education course for materials and services furnished by the Hunter Education Program. This fee will be collected by the Department as part of the application to participate in the course, and used to provide stipends to instructors for materials or services authorized by the department and to defray the cost of equipment provided to instructors by the Department. In no instance shall the course application fee serve as a barrier to persons desiring to participate in the training course. The department may waive the application fee for students who cannot pay the class fee due to hardship. Statutory/Other Authority: ORS 496.138 & 496.146 Statutes/Other Implemented: ORS 497.360 History: DFW 131-2007, f. 12-20-07, cert. ef. 1-1-08 3WC 6, f. 2-28-74, ef. 7-1-74, Renumbered from 630-040-0058, Renumbered from 635-025-0010; FWC 73-1986, f. & ef. 11-4-86; DFW 97-1998, f. & cert. ef. 12-9-98
635-048-0015 Hunter Education Instructor Qualifications To be certified as an instructor, a candidate shall: (1) Be at least 21 years of age. (2) Have experience in the safe use of lawful hunting weapons. (3) Not have been convicted of or have forfeited bail for a violation of any of the wildlife laws within five years of application. (4) Not have been convicted of a felony. (5) Not have been convicted of a misdemeanor involving the welfare, health, safety, or victimization of a minor including, but not limited to: (a) Attempted Rape III — ORS 163.355; (b) Attempted Sodomy III — ORS 163.385; (c) Sexual Abuse II — ORS 163.415; (d) Attempted Sex Abuse I — ORS 163.425; (e) Contributing to the Sexual Delinquency of a Minor — ORS 163.435; (f) Sexual Misconduct — ORS 163.445; (g) Public Indecency — ORS 163.465; (h) Attempted Using a Child in an Obscene Sexual Performance — ORS 163.483; (i) Attempted Promoting an Obscene Sexual Performance by a Child — ORS 163.485; (j) Endangering the Welfare of a Minor — ORS 163.575; (k) Furnishing Obscene Materials to Minors — ORS 167.065; (l) Exhibiting an Obscene Performance to a Minor — ORS 167.075; (m) Attempted Promotion of Prostitution — ORS 167.012; (n) Providing Liquor to a Person Under 21 — ORS 471.410; (o) Delivery of Controlled Substance to a Minor — ORS 475.995. (6) Pass an examination prescribed by the Department of Fish and Wildlife. Statutory/Other Authority: ORS 496 & 497 Statutes/Other Implemented: ORS 496 & 497 History: FWC 15-1987, f. & ef. 4-15-87 FWC 73-1986, f. & ef. 11-4-86 3WC 6, f. 2-28-74, cert. ef. 7-1-74, Renumbered from 630-040-0060, 635-025-0015
635-048-0020 Revocation of Instructor’s Certificate An instructor’s certificate may be revoked by the Department if the holder: (1) Has falsified the information requested on the application. (2) Is convicted of or forfeits bail for a violation of any of the wildlife laws. (3) Fails to conduct the training course in the prescribed manner. (4) Fails, after two notices, to provide the Department with the required records of students trained and certificates of competency issued. (5) Is convicted of a felony. (6) Is convicted of a misdemeanor involving the welfare, health, safety, or victimization of a minor including, but not limited to: (a) Attempted Rape III — ORS 163.355; (b) Attempted Sodomy III — ORS 163.385; (c) Sexual Abuse II — ORS 163.415; (d) Attempted Sex Abuse I — ORS 163.425; (e) Contributing to the Sexual Delinquency of a Minor — ORS 163.435; (f) Sexual Misconduct — ORS 163.445; (g) Public Indecency — ORS 163.465; (h) Attempted Using a Child in an Obscene Sexual Performance — ORS 163.483; (i) Attempted Promoting an Obscene Sexual Performance by a Child — ORS 163.485; (j) Endangering the Welfare of a Minor — ORS 163.575; (k) Furnishing Obscene Materials to Minors — ORS 167.065; (l) Exhibiting an Obscene Performance to a Minor — ORS 167.075; (m) Attempted Promotion of Prostitution — ORS 167.012; (n) Providing Liquor to a Person Under 21 — ORS 471.410; (o) Delivery of Controlled Substance to a Minor — ORS 475.995. Statutory/Other Authority: ORS 496 & 497 Statutes/Other Implemented: ORS 496 & 497 History: FWC 15-1987, f. & ef. 4-15-87 3WC 6, f. 2-28-74, ef. 7-1-74, Renumbered from 630-040-0062, Renumbered from 635-025-0020; FWC 73-1986, f. & ef. 11-4-86
635-048-0030 Issuing Duplicate Certificates of Course Completion (1) Duplicate certificates of course completion shall be issued only through a field office or the Salem headquarters office of the Department. A permanent duplicate will be issued only when the student's registration card is on file. Duplicate Certificates are: (a) Free of charge if the student is a minor; or (b) A fee of $10.00 will be charged if the student is 18 yrs or older. (2) A temporary duplicate (valid only through the end of that year) will be issued when a student's records are not on file, if the student provides an affidavit, signed by the student and a parent or guardian if the student is a minor, stating that the student has successfully completed the required course. Such students may obtain a permanent duplicate only by successfully repeating the required course. Statutory/Other Authority: ORS 496 & 497 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 497.360 History: DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10 3WC 6, f. 2-28-74, ef. 7-1-74, Renumbered from 630-040-0066, Renumbered from 635-025-0030; FWC 73-1986, f. & ef. 11-4-86; FWC 15-1987, f. & ef. 4-15-87; FWC 54-1997, f. & cert. ef. 9-3-97; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04; DFW 131-2007, f. 12-20-07, cert. ef. 1-1-08
635-048-0050 Trapper Education Course of Study The course of study will include but is not limited to appropriate skills, knowledge and values relating to responsible trapping. The Department will supply study materials for the course. Statutory/Other Authority: ORS 496 & 497 Statutes/Other Implemented: ORS 496 & 497 History: FWC 15-1987, f. & ef. 4-15-87
635-048-0055 Trapper Examination An examination covering the course material must be successfully completed in order to qualify for a trapping brand number. Testing will take place under he auspices of Department of Fish and Wildlife personnel and at prearranged locations. Statutory/Other Authority: ORS 496 & 497 Statutes/Other Implemented: ORS 496 & 497 History: FWC 15-1987, f. & ef. 4-15-87
635-048-0060 Trapper Certificate of Course Completion Persons successfully completing the exam and submitting an appropriate application will be issued a trapping brand number. This number will serve as the person’s certificate of course completion. Statutory/Other Authority: ORS 496 & 497 Statutes/Other Implemented: ORS 496 & 497 History: FWC 15-1987, f. & ef. 4-15-87
635-048-0080 Master Hunter Program The department will administer a voluntary program for hunters which will include but is not limited to instruction on hunting ethics, wildlife management, firearms safety and landowner relations. The department may require completion of this program as a prerequisite for participating in certain controlled hunts. If a Master Hunter is convicted of, or pleads guilty to, a violation of the wildlife laws, the Department will suspend the person from the Master Hunter program for a period of five years. Statutory/Other Authority: ORS 496 & 497 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 497.360 History: DFW 146-2009, f. & cert. ef. 12-15-09 Reverted to FWC 54-1997, f. & cert. ef. 9-3-97 DFW 44-2009(Temp), f. 5-6-09, cert. ef. 5-7-09 thru 11-3-09 FWC 54-1997, f. & cert. ef. 9-3-97
635-048-0100 Bowhunter Education The department will administer a voluntary Bowhunter Education program for hunters which will conform to the syllabus and requirements of the National Bowhunter Education Foundation Bowhunter Education Program which includes but is not limited to instruction on bowhunting ethics, wildlife management, bowhunting and treestand safety, and landowner relations. The department may require completion of this program as a prerequisite for participating in certain controlled hunts. Statutory/Other Authority: ORS 496 & 497 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 497.360 History: FWC 54-1997, f. & cert. ef. 9-3-97
635-049-0001 Policy These rules govern holding and propagation of cervids in Oregon. Oregon’s wildlife policy (ORS 496.012) requires the Fish and Wildlife Commission to prevent “serious depletion of any indigenous wildlife species.” More specifically, ORS 497.228 requires the Commission to ensure that cervid propagation operations are conducted “in such manner as will not be harmful to existing wildlife populations.” Accordingly, these rules regulate the private holding and propagation of cervids to protect the public’s native wildlife. In particular, the Commission is concerned that unregulated holding of captive cervids would put the public’s native wildlife at risk in terms of genetic pollution and disease. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106 History: DFW 52-2008, f. & cert. ef. 5-28-08
635-049-0005 Definitions The following define terms used in these Division 049 cervid-holding rules: (1) “Cervids” are animals of the family Cervidae (deer, elk, moose, reindeer, and caribou). (2) A “captive cervid” is any live cervid held in a state of more than temporary confinement. (3) “Department”, unless otherwise specified in these rules, means the Oregon Department of Fish and Wildlife. (4) “Division Administrator” means the Wildlife Division Administrator of the Oregon Fish and Wildlife Department. (5) “Director”, unless otherwise specified in these rules, means the Director of the Oregon Department of Fish and Wildlife. (6) “Double-fenced” means two parallel lines of fence spaced no less than 10 feet apart. (7) “Escape” is when a captive cervid leaves a holding facility and wanders freely without an intentional or negligent act by the holder. (8) A “hybrid” is an animal produced by crossing the sperm or egg of an individual of one species or subspecies with the egg or sperm of an individual of any other species or subspecies. (9) “Native cervids” are those endemic to Oregon (mule deer, black-tailed deer, white-tailed deer, Roosevelt elk, Rocky Mountain elk and moose). (10) “Non-native cervids” are cervids other than native cervids. (11) “Person” means any individual, partnership, corporation, limited liability company, trust, association or governmental entity. (12) “Release” is when a holder intentionally or through negligence allows a captive cervid to leave a holding facility and wander freely. (13) A “wild cervid” is a native cervid born in the wild. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106 History: DFW 52-2008, f. & cert. ef. 5-28-08