603-010-0105 Permits and Applications; Airborne Hunting (1) Application for permit to engage in airborne hunting to protect livestock, domesticated animals or natural resources shall be made to the Department by the affected livestock or land owner or designated agent on forms prescribed by the Department. Should the Department determine there are circumstances resulting in insufficient time to mail the application to the Department, the application may be made by facsimile or telephone. The application shall contain the following: (a) The name and address of the applicant and of the person who is to do the airborne hunting; (b) The make, number and base-location of the aircraft to be used; (c) The geographic description of the area in which the airborne hunting is proposed to take place and in the event part of the area is not owned by the applicant, whether the owners have agreed to the airborne hunting, whether the nonowned land is contiguous to that of the applicant, and whether the offending animals could reside on such nonowned land, (d) The description and location of the livestock, domesticated animals or natural resources intended to be protected; (e) A statement describing the extent of claimed losses of livestock, domesticated animals or natural resources attributable to coyote depredation or feral swine existence, including the time periods thereof, the locations thereof and the methods used in verification thereof; and (f) A statement describing the prior efforts to control coyote depredation, including the time periods thereof, the methods and types of devices used, and the apparent effectiveness thereof. (2) Upon receipt of an application described in section (1) of this rule, the Department shall: (a) Investigate the claimed losses of livestock, domesticated animals or natural resources, and determine the authenticity of such claim; (b) Determine the necessity of using airborne hunting to control depredation or natural resource destruction rather than other acceptable methods therefore, including whether airborne hunting under the animal damage control program under the U.S.D.A.-A.P.H.I.S. Wildlife Services is available; (c) Determine the time periods and geographic areas for which airborne hunting should be permitted; (d) Establish any special restrictions or conditions to the permitted airborne hunting, considering the particular circumstances; and (e) Issue or deny the requested permit. (3) Permits shall be on forms prescribed by the Department and shall include a permit number, dates of issuance and expiration, name and address of applicant, make and number of aircraft to be used, geographic areas within which the airborne hunting is authorized, and any special restrictions or conditions to the permitted airborne hunting. The Department may periodically review the permit and the use thereunder in order to determine whether necessity continues to exist for the permitted airborne hunting. Upon a determination that such necessity has ceased to exist, the permit may be revoked, notwithstanding any stated date of expiration thereon. In any event, a permit issued for airborne hunting of feral swine in any established control area shall expire upon revocation of the control area. The permittee shall notify the Department within seven days of the taking of the target coyotes or feral swine, so as to assist the Department in this determination. (4) Violation of any of the conditions of the permit, or a finding by the Department of falsification of any matters contained in the application for such permit, shall be grounds for immediate revocation of the permit without prior notice to the permittee. In such an event, the provisions of OAR 603-010-0100(2) shall thereafter apply. Statutory/Other Authority: ORS 561 & 610 Statutes/Other Implemented: ORS 610.005 History: DOA 15-2000, f. 5-31-00, cert. ef. 6-1-00 DOA 5-2000(Temp), f. & cert. ef. 1-24-00 thru 7-21-00 AD 11-1979, f. & ef. 9-7-79