justicedao/ipfs_state_laws huggingface dataset:
635-049-0165 Type 1 Cervid Licenses (1) A Type 1 cervid license is required to hold Rocky Mountain elk, Roosevelt elk, Sika deer, Muntjac deer, white-tailed deer or black-tailed deer. No hybrid cervids are allowed except as authorized in OAR 635-049-0015(3). (2) A Type 1 cervid license is valid as long as the licensee complies with all requirements of these rules, but must be renewed annually. The fee for a Cervid Propagation License -- Type 1 shall be $62.50 (plus a $2.00 license agent fee) annually. (3) Type 1 cervid licenses are allocated as follows: (a) The number of Type 1 cervid licenses for commercial or exhibition holding of Rocky Mountain elk, and/or Roosevelt elk and their hybrids is limited to 16. Commercial operations are those intending to sell elk or their parts or products. Exhibition operations are operations intending to display elk. These are the Type 1 commercial and exhibition licenses as of May 9, 2008: (b) Licenses for commercial and exhibition holding are also subject to the following additional restrictions: (A) New facilities for Type 1 cervid licenses for commercial or exhibition holding of Roosevelt elk must be located west of the crest of the Cascade Mountains. (B) New facilities for Type 1 cervid licenses for commercial or exhibition holding of Rocky Mountain elk must be located east of the crest of the Cascade Mountains. (C) No new Type 1 cervid licenses will be issued for commercial or exhibition holding of hybrids of Roosevelt elk and Rocky Mountain elk. (c) Type 1 cervid licenses for commercial or exhibition holding of Sika deer, Muntjac deer, White-tailed deer or Black-tailed deer are limited to those issued on or before January 20, 1993. (d) There is no limit on the number of licenses the Department may issue for holding Type 1 species for scientific research, education or conservation operations. Before a license can be issued for these purposes, the Director must first determine that the application is submitted by an individual or organization involved in a bona fide scientific research, education or conservation project and that the operation will result in an overwhelming benefit to wildlife or wildlife habitat in Oregon. (4) Notwithstanding the above, if the Department chooses to place any cervid in its custody with a licensed facility, it may do so (with the licensee’s consent) regardless of whether that facility is licensed for that particular species. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: SB 247 (2015), ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.162, ORS 497.228, ORS 498.002, ORS 498.019, ORS 498.052 & ORS 174.106 Statutes/Other Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.162, ORS 497.228, ORS 498.002, ORS 498.019, ORS 498.052 & 174.106 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 52-2008, f. & cert. ef. 5-28-08
635-049-0185 Lottery for Elk Licenses Issued for Commercial or Exhibition Purposes (1) If an elk holding facility license for commercial or exhibition purposes becomes available, the department may choose to allocate that license to a new applicant by lottery. (2) To participate in the lottery, one must have qualified for a license as per OAR 635-049-0175(2)(b) and have paid a $100 nonrefundable application fee. The lottery drawing shall precede facility inspection. (3) The department will conduct the lottery by drawing names of eligible entrants at random, then notifying the successful entrant in writing within 10 business days; (4) If the lottery does not allocate all available licenses, the department will allocate remaining licenses to qualified applicants on a first-come, first-served basis. 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
635-049-0195 Type 1 Cervid License Renewal To renew a type 1 license, a licensee must submit a renewal request to the Department by November 30. Such a request must be made on the licensing form identified in OAR 635-049-0175 and note any and all changes that have occurred since the last license application was approved. OAR 635-049-0105 governs the Department’s decision. A license will be deemed relinquished if a renewal application is not submitted by November 30. The license period is January 1 through December 31. 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
635-049-0205 Record Keeping Required for Type 1 Cervid License Licensees must keep accurate, legible and up-to-date records of: (1) all movement of cervids (including gametes and embryos) into or out of their facility. At minimum, these records must include all sales, purchases, loans (of cervids), trades, or other such transactions involving cervids, as well as any cervid births or deaths at the facility. Each record must refer to individual cervids by their unique mark and ear tag and list the names, addresses, and license or permit numbers of any individuals or entities involved in the transactions; (2) Calving and fawning; (3) Escape or release; (4) Disease testing; (5) Artificial insemination and embryo implants; and (6) Each cervid’s pedigree. 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 143-2008, f. & cert. ef. 11-24-08 DFW 52-2008, f. & cert. ef. 5-28-08
635-049-0225 Inspection of Facilities and Records — Type 1 Cervid License (1) Each licensee must agree, as a condition of the license, to allow the Department, the Oregon Department of Agriculture, or the Oregon State Police to inspect any cervids, any records of the cervid holding operation and any facilities related to the holding operation. No advance notice is required, but in the absence of an emergency or other exigent circumstance such inspections will be limited to regular business hours (8 a.m. to 5 p.m.) seven days a week. (2) Nothing in this rule authorizes the warrantless search of a residence. 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
635-049-0235 Reporting — Type 1 Cervid License (1) Each licensee must: (a) Within 30 days after the birth of any calf in its facility, report that birth to the Department; and (b) By January 31 each year, submit to the Department an annual report for the previous year. (2) A calving/fawning report must list all cervid calves/fawns born on the facility to date and the identifying marks applied to each new calf/fawn. (3) An annual report must: (a) Provide details of any and all changes in cervid inventory (deaths, births, slaughter, sale, purchase, transfer, etc). (b) Provide details of any escape or release. (c) Summarize results of disease testing; and (d) Summarize results of any artificial fertilizations or embryo implants. (4) A license shall be revoked if any required report is not submitted by the required date, or does not satisfy the reporting requirements set forth in this section. 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 151-2008, f. 12-18-08, cert. ef. 1-1-09
635-049-0255 Cervid Marking — Type 1 Cervid License (1) Each cervid held under a Type 1 license must be marked with: (a) A permanent, uniquely numbered mark approved in advance by the Department; and (b) One ear tag visible from 50 feet. Licensee’s records must match the ear tags number and color to the animal’s unique permanent mark. Any lost ear tag must be replaced as soon as possible, consistent with good animal husbandry practices. (2) Licensees must register the marks and tags called for in (1) with the Department’s headquarters office within 30 days after application. Tags and marks must be used as follows: (a) Placed on each cervid calf or fawn within 30 days after its birth; (b) Present on each newly acquired cervid within 14 days after its acquisition; and (c) Recorded by the holder and noted in any transfer or other transaction records or reports for the cervid. (3) In addition to the requirements imposed here, the licensee must also comply with any applicable Department of Agriculture marking and registration requirements. 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 45-2009, f. & cert. ef. 5-6-09
635-049-0260 Cervid Propagation License — Type 2 Required Individuals or organizations intending to possess live fallow deer or reindeer for propagation or sale shall obtain a Cervid Propagation License — Type 2. For the holding of fallow deer or reindeer only, a Cervid Propagation License — Type 2 may serve in lieu of a Cervid Propagation License — Type 1. Statutory/Other Authority: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052 Statutes/Other Implemented: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052 History: DFW 15-2000, f. & cert.ef. 3-31-00 FWC 9-1993, f. & cert. ef. 2-8-93
635-049-0265 Transport of Cervids Among Licensed Facilities (1) Cervids held under license may not be transported outside their licensed facility except: (a) From one Oregon licensed cervid facility to another under a permit issued by the Department. The permit will specify any conditions necessary to protect native wildlife and to ensure safe and humane treatment of the cervids being transported. (b) While being legally exported from Oregon under a permit issued by the Department, a certificate of veterinary inspection and any import permit or license required by the receiving state. (c) Elk (legally captured from the wild in Oregon or bred from elk legally captured from the wild in Oregon) to and from an exhibition within Oregon under a permit issued by the Department, on the condition that the elk has no contact with, and will not be held in an area frequented by, any other cervid. (d) As allowed by OAR 635-049-0025(1)(a), (b) and (c) for fallow deer and/or reindeer. (e) To a slaughtering facility. (2) To obtain a permit, the holder must apply using a form provided by the Department and provide all requested details concerning the proposed transport. 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 62-2011, f. & cert. ef. 6-3-11 DFW 169-2010(Temp), f. 12-29-10, cert. ef. 1-1-11 thru 6-27-11 DFW 52-2008, f. & cert. ef. 5-28-08
635-049-0270 Application for Cervid Propagation License — Type 2 (1) Person desiring to hold or propagate live fallow deer or reindeer must first secure a Cervid Propagation License -- Type 2 by applying to the Department's headquarters office. (a) The application shall list the: (A) Cervid species and numbers to be held; (B) Date of application; (C) Location and size of the facility; and (D) Name, address, and signature of the applicant. (b) Provided review of the application indicates the proposed operation meets the requirements of OAR chapter 635, division 049, the Department will notify the applicant of preliminary approval and the need for a facility inspection. (2) The fee for a Cervid Propagation License -- Type 2 shall be $62.50 (plus a $2.00 license agent fee) annually. Statutory/Other Authority: ORS 496.004, ORS 496.012, ORS 496.138, ORS 497.228, ORS 497.308, ORS 498.002, ORS 498.052 & SB 247 (2015) Statutes/Other Implemented: ORS 496.004, ORS 496.012, ORS 496.138, ORS 497.228, ORS 497.308, ORS 498.002 & ORS 498.052 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 15-2000, f. & cert.ef. 3-31-00 FWC 9-1993, f. & cert. ef. 2-8-93
635-049-0275 Requesting Changes to a License (1) Change in the address (not location) of a licensed facility requires 21 days advance written notice to the Department, but does not require approval. (2) Any proposed change in the species or subspecies held requires a new license application and Department approval. (3) Any proposed change in the ownership or location of a licensee or a licensed facility requires a new license application and Department approval. Exception: Upon request, the Department may transfer a license held by an individual to a member of the individual’s immediate family if there is no change in facility location. When the license holder is a business entity, “change in ownership” occurs when there is any change in stockholders, shareholders, partners or principals. (4) Any transfer, or series of transfers, for any reason, that results in change of ownership of more than 25 percent of the shares of stock in a corporation, or partnership interests in a general or limited partnership, or membership interests in a limited liability company, or beneficial interest in a trust, to which a cervid holding license was issued under this Division, constitutes an attempt to transfer the license. In this event, the cervid holding license must be revoked, unless, within 60 days of such transfer, the entity holding the license reapplies under OAR 635-049-0175, and the Department grants a new license. (5) If the Department proposes to reject a change to a license, the licensee may request a contested case hearing within 14 days after mailing of the decision. 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
635-049-0280 Inspection of Cervid Propagation License — Type 2 Facilities and Records Applicants shall mail the “request for inspection” form to the department office designated in their application approval notification letter and arrange for inspection of their facilities. If the department has made the determinations required by OAR 635-049-0270(1), a license may be issued upon department inspection and approval of the facilities. (1) No animals may be held until receipt of the license. The license is an annual permit, valid from January 1 through December 31. (2) In the first year of issuance, the license shall be valid from the date of issuance through December 31. (3) Persons holding cervids under a Cervid Propagation License — Type 2 agree, as a condition of the license, to allow employees of the department, the Oregon Department of Agriculture, or the Oregon State Police to inspect at reasonable times all facilities, records, animals, and other such property related to the licensed operation. Inspection of the animals and the facilities related to animal husbandry may take place without warrant or notice, but, unless prompted by emergency or other exigent circumstances, shall be limited to regular and usual business hours, including weekends. Nothing in these rules is intended to authorize or allow the warrantless search or inspection of a licensee’s residence. (4) Cervid license holders also agree, as a condition of the license, to provide all records related to the animals, facilities or other property related to the cervid operation upon request. Failure to provide such information shall be a basis for revoking, suspending or refusing to renew a license, as provided in OAR 635-049-0120. Statutory/Other Authority: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052 Statutes/Other Implemented: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052 History: DFW 15-2000, f. & cert.ef. 3-31-00 FWC 64-1995, f. & cert. ef. 8-3-95 FWC 12-1995, f. & cert. ef. 2-15-95 FWC 9-1993, f. & cert. ef. 2-8-93
635-049-0285 Decommissioning (1) If a license is suspended, revoked or relinquished, or if any cervid herd is eliminated, the holder must maintain fences necessary to prevent ingress by wild cervids to areas once inhabited by captive cervids. The purpose of this requirement is to ensure that wild cervids do not access a site potentially contaminated with disease. (2) A holder may ask the Department to lift the fencing requirement imposed by paragraph (1). Upon its determination that the site is not contaminated with a disease posing a threat to wildlife, the Department may rescind the fencing requirement and allow the site to be made accessible to wild cervids. 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
635-049-0300 Animal Marking Required for Cervid Propagation License — Type 2 Persons holding fallow deer and reindeer under a Cervid Propagation License — Type 2 must register with the Oregon Department of Agriculture an individual brand, ear notch, approved combination of permanent ear tags, or other approved mark. (1) This mark must be unique to the operation and must be clearly visible and identifiable at a distance of 50 feet from the marked animals. All cervids held must be clearly identified with this approved mark unless exempted by the director. (2) Marking registration must include the facility location, species held, name and address of the person holding the license, and emergency telephone number(s) and contacts to be made should the animals be found in the wild. (3) A copy of this registration shall be submitted to the department’s headquarters office upon issuance by the Oregon Department of Agriculture. Any change in required information must be reported immediately to both agencies. (4) The approved mark must be placed on the animals within 365 days of birth, or 14 days of purchase if the unique mark is not present on the animal when purchased. Statutory/Other Authority: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052 Statutes/Other Implemented: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052 History: DFW 15-2000, f. & cert.ef. 3-31-00 FWC 9-1993, f. & cert. ef. 2-8-93
635-049-0310 Record Keeping and Reporting Required for Cervid Propagation License — Type 2 (1) Persons holding any fallow deer and reindeer under a Cervid Propagation License must keep accurate and up-to-date records of all transactions involving movement of any animal on or off of the facility. These records must include all sales, purchases, loans, trades, or other transactions that involve movement into or out of the approved facility, and must include any births or deaths at the facility. These records must be up to date, legible, and accurate; record all animal movements; and list the names, addresses, and license or permit numbers of any individuals or organizations involved in the transactions. (2) These records shall be open to inspection upon request by any department, Oregon Department of Agriculture, or Oregon State Police employee. (3) Applications for annual renewal of a Cervid Propagation License — Type 2 must include a complete annual record of all transactions involving movement of animals off of or on to the approved facility, and of any births or deaths on the facility. Statutory/Other Authority: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052 Statutes/Other Implemented: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052 History: DFW 15-2000, f. & cert.ef. 3-31-00 FWC 9-1993, f. & cert. ef. 2-8-93
635-049-0320 Cervid Propagation License — Type 2 Renewal (1) Persons holding a Cervid Propagation License — Type 2 must apply for renewal by November 1 each year and must have maintained compliance with all rules and regulations pertaining to their activities. (2) Failure to apply for renewal by November 1 shall render their permit void as of the following January 1. (3) Notice of the need to renew shall be sent to all license holders by registered mail to the last address of record for the license holder on September 1 each year. Reminder postcards will be sent by regular mail to license holders who do not renew by September 30 each year. Statutory/Other Authority: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052 Statutes/Other Implemented: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052 History: DFW 15-2000, f. & cert.ef. 3-31-00 FWC 9-1993, f. & cert. ef. 2-8-93
635-049-0350 Changes in Ownership of a Cervid Propagation Facility — Type 2 (1) The new owner or operator shall apply for a new Cervid Propagation License — Type 2 when a change is proposed in the controlling interest or ownership of a Cervid Propagation License — Type 2 for fallow deer or reindeer. The department must be provided with the following information: (a) The location of the facility and the number and species of cervids in the facility at the time of application; (b) The name and address of the individual or entity proposed as the principle operator of the facility; (c) The financial and technical capability of the proposed operator to successfully construct or operate the propagation facility; (d) Any proposed changes in the operation or in the number or species of cervids held; and (2) The department may deny any license if it finds the issuance of the license would tend to be harmful to existing wildlife populations pursuant to ORS 497.228. Statutory/Other Authority: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052 Statutes/Other Implemented: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052 History: DFW 15-2000, f. & cert.ef. 3-31-00 FWC 9-1993, f. & cert. ef. 2-8-93
635-050-0015 Purpose The purpose of these rules is to establish season dates, bag limits and manner of harvest of furbearing and unprotected mammals pursuant to ORS Chapters 496, 497 and 498. Statutory/Other Authority: ORS 496, ORS 497 & ORS 498 Statutes/Other Implemented: ORS 496, ORS 497 & ORS 498 History: DFW 70-2022, amend filed 06/23/2022, effective 06/23/2022 FWC 70-1990, f. & cert. ef. 7-25-90 FWC 79-1988, f. & cert. ef. 9-2-88
635-050-0047 Set-Back Restrictions On state or federal lands, except when authorized by the Oregon Department of Fish and Wildlife, no traps or snares may be set on land: (1) Within 50 feet of any public trail; (2) Within 300 feet of any trailhead that is designated and maintained as such by the public land management agency and is accessible to vehicular traffic; (3) Within 300 feet of any public campground or picnic area designated and maintained as such by the public land management agency on the most current official map of the agency; or (4) Within 500 feet of the center of the mouth of any Oregon Department of Transportation wildlife crossing structure located between US Highway 97 mile posts 149 and 153. Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162 History: DFW 74-2016, f. & cert. ef. 6-14-16 DFW 56-2012, f. & cert. ef. 6-11-12