justicedao/ipfs_state_laws huggingface dataset:
635-058-0010 Removal of Feral Swine (1) HB 2221 (Oregon Laws 2009, Chapter 605) requires that a person who owns or controls land (or an employee of that person who acts as land manager) must notify the Department within 10 days of discovering feral swine on the land. Within 60 days after notification, the person or their land manager must submit a feral swine removal plan to the Department for approval. At minimum, the plan must include: (a) Actions to be taken to remove all feral swine from the land (which may include, but are not limited to, hunting and trapping); and (b) An expiration date for the proposed actions. (2) Upon approval of the plan by the Department, the person or land manager must implement the plan. (3) The Department may grant an extension of the expiration date of the feral swine removal plan. (a) The request for an extension must be submitted to the Department by the person or land manager at least seven (7) days prior to the expiration date. (b) The Department will determine the length of the extension on a case-by-case basis. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.022, 498.029, 498.052, 498.222 & HB 2221 (2009 OL Ch. 605) Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.022, 498.029, 498.052, 498.222 & HB 2221 (2009 OL Ch. 605) History: DFW 2-2010, f. & cert. ef. 1-12-10
635-058-0020 Land Subject to Inspection After the expiration date of a Department-approved feral swine removal plan, the Oregon State Police or Department may (upon 10 days’ prior notice) enter the land to determine whether implementation of the plan removed all feral swine. Entry will 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 residence. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.022, 498.029, 498.052, 498.222 & HB 2221 (2009 OL Ch. 605) Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.022, 498.029, 498.052, 498.222 & HB 2221 (2009 OL Ch. 605) History: DFW 2-2010, f. & cert. ef. 1-12-10
635-059-0000 Purpose and General Information (1) The purpose of this rule is to protect Oregon’s water resources, fish, wildlife and their habitat from harm due to the introduction and/or spread of aquatic invasive species. (2) “Aquatic Invasive Species” is any species of wildlife, fish (excluding game fish) or freshwater or marine invertebrates that are listed in the “United States Geological Service list of Aquatic Nonindigenous species in Oregon” dated June 4, 2009 or that is listed as a mollusk or crustacean in OAR 635-056-0050 as a Prohibited Species. Statutory/Other Authority: ORS: 496.012, 496.138, 498.002 & HB 2220 (2009 OL Ch. 764) and HB 2583 (2009 OL Ch. 303) Statutes/Other Implemented: ORS: 496.012, 496.138, 498.002 & HB 2220 (2009 OL Ch. 764) and HB 2583 (2009 OL Ch. 303) History: DFW 3-2010, f. & cert. ef. 1-12-10
635-059-0010 Aquatic Invasive Species Reporting Information If aquatic invasive species are found on or inside a watercraft, the owner or operator must provide the department with an accurate history as to where the watercraft has been during the last six months. Information shall include; (1) All waterbody(s) in which the watercraft has been moored or operated; (2) The length of time that the watercraft has been out of water; (3) All locations where the watercraft has been stored; and (4) If previously inspected, the agency and individual which conducted the inspection. Statutory/Other Authority: ORS: 496.012, 496.138, 498.002 & HB 2220 (2009 OL Ch. 764) and HB 2583 (2009 OL Ch. 303) Statutes/Other Implemented: ORS: 496.012, 496.138, 498.002 & HB 2220 (2009 OL Ch. 764) and HB 2583 (2009 OL Ch. 303) History: DFW 3-2010, f. & cert. ef. 1-12-10
635-059-0050 Allowable Blind Material for Boats (1) Oregon Laws 2009, chapter 303, section 2(2) generally prohibits the launching of boats with aquatic species on or in the boat. However, that law also authorizes the Fish and Wildlife Commission to by rule allow the presence of certain aquatic species on or in a boat for activities including but not limited to hunting and photography. This rule implements that authority. (2) Aquatic plant species which are not listed in the “Oregon State Noxious Weed List” adopted by the Oregon Department of Agriculture in OAR 603-052-1200 may be used on or within a boat as blind material for the purpose of hunting or wildlife photography. Statutory/Other Authority: ORS: 496.012, 496.138, 498.002 & HB 2220 (2009 OL Ch. 764) and HB 2583 (2009 OL Ch. 303) Statutes/Other Implemented: ORS: 496.012, 496.138, 498.002 & HB 2220 (2009 OL Ch. 764) and HB 2583 (2009 OL Ch. 303) History: DFW 3-2010, f. & cert. ef. 1-12-10
635-060-0009 Successful Applicants Successful controlled hunt applicants must purchase the controlled hunt tag or permit for the hunt in which they were successful within the following dates: (1) Spring black bear controlled hunts tag sales begin February 20, each year and end at 11:59 pm, Pacific Time, the day before the season start date for which the tag is valid. (2) Pronghorn antelope, bighorn sheep, Rocky Mountain goat, deer and elk controlled hunts tag sales will begin no later than June 20, each year and end at 11:59 pm, Pacific Time, the day before the season start date for which the tag is valid. 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 154-2020, amend filed 12/18/2020, effective 12/18/2020 DFW 34-2020, temporary amend filed 03/26/2020, effective 03/26/2020 through 06/01/2020 DFW 6-2020, amend filed 01/17/2020, effective 01/17/2020 DFW 79-2019, temporary amend filed 06/18/2019, effective 06/18/2019 through 06/30/2019 DFW 21-2019, temporary amend filed 02/19/2019, effective 02/19/2019 through 06/01/2019 DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018 DFW 151-2014, f. & cert. ef. 10-17-14 Reverted to DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09 DFW 60-2009(Temp), f. & cert. ef. 5-28-09 thru 11-16-09 DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09 DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08 DFW 103-2007(Temp), f. & cert. ef. 9-27-07 thru 3-24-08 DFW 70-2007(Temp), f. & cert. ef. 8-13-07 thru 2-9-08 Reverted to DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00 DFW 107-2004(Temp), f. & cert. ef 10-18-04 thru 11-27-04 DFW 105-2004(Temp), f. & cert. ef. 10-13-04 thru 11-15-04 Reverted to DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00 DFW 108-2002(Temp), f. & cert. ef. 9-26-02 thru 12-31-02 Reverted to DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00 DFW 4-2002(Temp), f. & cert. ef. 1-3-02 thru 2-1-02 DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00 Reverted to DFW 1-1999, f. & cert. ef. 1-14-99 DFW 12-1999(Temp), f. & cert. ef. 2-25-99 thru 6-30-99 Reverted to DFW 1-1999, f. & cert. ef. 1-14-99 DFW 6-1999(Temp), f. & cert. ef. 2-9-99 thru 2-19-99 DFW 1-1999, f. & cert. ef. 1-14-99 FWC 71-1997, f. & cert. ef. 12-29-97 FWC 9-1997, f. & cert. ef. 2-27-97 Reverted to FWC 21-1996, f. & cert. ef. 5-1-96 FWC 44-1996(Temp), f. 8-12-96, cert. ef. 8-14-96 FWC 21-1996, f. & cert. ef. 5-1-96 FWC 63-1995, f. & cert. ef. 8-3-95 FWC 94-1994, f. & cert. ef. 12-22-94 FWC 45-1994(Temp),f. & cert. ef. 7-29-94
635-060-0018 Applicant Disqualification If an applicant violates any of the following restrictions, their individual application shall be removed from the drawing. If an applicant is a member of a party application and is removed from the drawing, the other party members may remain as a party provided they commit no violation of the following restrictions and apply without error. (1) An applicant may submit only one application per hunt number series referenced in OAR 635-060-0005(3)(a)-(j). (2) An application receipt shall not be altered from what was originally issued by the license agent. (3) An applicant shall not violate the wait period established in OAR 635-060-0022 for bighorn sheep ram or Rocky Mt. goat hunts. (4) An application shall have correct and complete information. 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 160-2022, amend filed 12/29/2022, effective 12/29/2022 DFW 183-2021, amend filed 12/30/2021, effective 12/30/2021 DFW 158-2015, f. & cert. ef. 11-25-15 FWC 48-1989, f. & cert. ef. 7-25-89; FWC 18-1991, f. & cert. ef. 3-12-91; FWC 46-1993, f. & cert. ef. 8-4-93; FWC 6-1994, f. & cert. ef. 1-26-94; FWC 94-1994, f. & cert. ef. 12-22-94, FWC 63-1995, f. & cert. ef. 8-3-95; FWC 71-1997, f. & cert. ef. 12-29-97
635-060-0022 Wait Period for Successful Bighorn Sheep and Rocky Mountain Goat Applicants (1) A person successful in obtaining a 500 series ram hunt tag shall never reapply for any 500 series ram hunt tag. (2) A person successful in obtaining a 900 series Rocky Mountain goat tag shall never reapply for any 900 series hunt tag. 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 180-2019, amend filed 12/19/2019, effective 12/19/2019 DFW 47-1999, f. & cert. ef. 6-16-99 FWC 9-1997, f. & cert. ef. 2-27-97 FWC 6-1994, f. & cert. ef. 1-26-94 FWC 46-1993, f. & cert. ef. 8-4-93 FWC 36-1993, f. & cert. ef. 6-14-93 FWC 14-1992, f. 3-10-92, cert. ef. 3-13-92 (and corrected 3-13-92) FWC 18-1991, f. & cert. ef. 3-12-91 FWC 23-1990, f. & cert. ef. 3-21-90 FWC 48-1989, f. & cert. ef. 7-25-89 FWC 14-1989, f. & cert. ef. 3-28-89 FWC 37-1988, f. & cert. ef. 6-13-88 FWC 12-1988, f. & cert. ef. 3-10-88 FWC 40-1987, f. & ef. 7-6-87 FWC 11-1987, f. & ef. 3-6-87 FWC 35-1986, f. & ef. 8-7-86 FWC 43-1985, f. & ef. 8-22-85 FWC 34-1984, f. & ef. 7-24-84 FWC 28-1983, f. & ef. 7-8-83 FWC 38-1982, f. & ef. 6-25-82 FWC 21-1982, f. & ef. 3-31-82 FWC 22-1981, f. & ef. 6-29-81 FWC 10-1981, f. & ef. 3-31-81 FWC 7-1981, f. 2-18-81, ef. 6-1-81 FWC 33-1980, f. & ef. 6-30-80 FWC 14-1980, f. & ef. 4-8-80 FWC 29-1979, f. & ef. 8-2-79 FWC 12-1979, f. & ef. 3-28-79 FWC 32-1978, f. & ef. 6-30-78
635-060-0040 Active Member of the Uniformed Services Controlled Hunt Tags (1) Each Oregon Department of Fish and Wildlife (Department) Wildlife District office is authorized to issue, for hunts at least partially within their Wildlife District, up to 20 controlled hunt tags for deer, 20 controlled hunt tags for elk, and 20 controlled hunt tags for spring bear to Oregon residents who are active members of the Armed Forces currently stationed outside of Oregon, but in Oregon on Temporary Leave. (2) Active members of the uniformed services Controlled Hunt Tags or Limited Tags will be issued first come first served beginning July 1 until the authorized number has been issued. (3) To purchase the tag the active members of the uniformed services must provide the following information to the Department District office responsible for issuing the tag: (a) A copy of an active duty military ID. (b) A copy of current leave papers to document they are currently stationed outside of Oregon. (c) A valid Oregon resident hunting license. (4) Controlled or limited hunts for which active members of the uniformed services controlled hunt tags can be issued include: (a) Controlled spring bear hunts, controlled deer or elk hunts with a bag limit of “antlerless”, or “spike only”, that have a minimum of 20 tags authorized by the Commission. (b) Controlled deer or elk hunts with a bag limit that allows buck deer or bull elk with two or more points on one antler, not counting the brow tine, to be harvested, that have a minimum of 100 tags authorized by the Commission. (c) Additional tags for active members of the uniformed services for each controlled hunt will not exceed 10% of the tag number authorized by the Commission. (5) Active members of the uniformed services Controlled Hunt Tags cannot be authorized for controlled hunts occurring on the Starkey Experimental Forest, Hart Mountain NAR, or Umatilla NWR. (6) All hunt specific regulations adopted by the Commission for hunts where tags are issued (dates, bag limits, boundaries, etc.) will apply. (7) Tag recipients must pay the standard resident price for the tag. Any additional fee for purchasing a tag after the tag sale deadline will be waived. (8) The hunter must provide harvest and effort information to the issuing office within five business days after the closing date of the hunt printed on the tag. 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 160-2022, amend filed 12/29/2022, effective 12/29/2022 DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020 DFW 117-2013, f. & cert. ef. 10-10-13 DFW 125-2012, f. & cert. ef. 9-26-12 thru 3-15-13; DFW 132-2012, f. & cert. ef. 10-11-12; DFW 20-2013(Temp), f. & cert. ef. 3-11-13 thru 9-6-13
635-060-0055 Documents Required in Field A person hunting in any controlled game mammal hunt shall have on their person a hunting license valid for the calendar year in which the person is hunting, Hunter Education Certificate or a Department document which includes their Hunter Education Certificate Number (for persons less than 18 years old), and a controlled hunt tag (if applicable) for the area and season being hunted. 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 183-2021, amend filed 12/30/2021, effective 12/30/2021 DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018 DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018 DFW 151-2014, f. & cert. ef. 10-17-14 FWC 32-1978, f. & ef. 6-30-78; FWC 29-1979, f. & ef. 8-2-79; FWC 33-1980, f. & ef. 6-30-80; FWC 7-1981, f. 2-18-81, ef. 6-1-81; FWC 10-1981, f. & ef. 3-31-81; FWC 22-1981, f. & ef. 6-29-81; FWC 38-1982, f. & ef. 6-25-82; FWC 34-1984, f. & ef. 7-24-84; FWC 43-1985, f. & ef. 8-22-85; FWC 35-1986, f. & ef. 8-7-86; FWC 11-1987, f. & ef. 3-6-87; FWC 12-1988, f. & cert. ef. 3-10-88; FWC 37-1988, f. & cert. ef. 6-13-88; FWC 14-1989, f. & cert. ef. 3-28-89; FWC 48-1989, f. & cert. ef. 7-25-89; FWC 23-1990, f. & cert. ef. 3-21-90; FWC 18-1991, f. & cert. ef. 3-12-91; FWC 14-1992, f. 3-10-92, cert. ef. 3-13-92 (and corrected 3-13-92); FWC 36-1993, f. & cert. ef. 6-14-93; FWC 51-1993, f. & cert. ef. 8-25-93; FWC 6-1994, f. & cert. ef. 1-26-94; FWC 45-1994(Temp), f. & cert. ef. 7-29-94; FWC 94-1994, f. & cert. ef. 12-22-94, FWC 63-1995, f. & cert. ef. 8-3-95; FWC 21-1996, f. & cert. ef. 5-1-96; FWC 9-1997, f. & cert. ef. 2-27-97; FWC 71-1997, f. & cert. ef. 12-29-97; DFW 49-1998, f. & cert. ef. 6-22-98; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 4-2003, f. 1-17-03, cert. ef. 4-1-03; DFW 119-2003, f. 12-4-03, cert. ef. 4-1-04; DFW 131-2004, f. 12-21-04, cert. ef. 4-1-05; DFW 132-2005, f. 12-1-05, cert. ef. 4-1-06; DFW 126-2006, f. 12-7-06, cert. ef. 4-1-07; DFW 118-2007, f. 10-31-07, cert. ef. 1-1-08; DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09; DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10; DFW 117 2010, f. & cert. ef. 8-13-10; DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11; DFW 117-2013, f. & cert. ef. 10-10-13
635-062-0000 Purpose of the Wildlife Rehabilitation Permit Any person desiring to hold any bird, mammal, amphibian or reptile for the purpose of wildlife rehabilitation shall first obtain a Wildlife Rehabilitation Permit from the Oregon Department of Fish and Wildlife. The permittee may capture, transport, temporarily possess, rehabilitate, and (with permission from the local Department district wildlife biologist) release such wildlife. The permittee may euthanize wildlife that are injured, ill, orphaned, restricted or not authorized for holding or release, as specified within the conditions of their permit and these rules. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 History: DFW 163-2015, f. & cert. ef. 12-9-15
635-062-0015 Federal Rehabilitation Permit In addition to an Oregon Wildlife Rehabilitation Permit issued by the Department, and prior to receiving and holding federally protected species, a permittee must obtain a federal permit for species protected by federal law and provide a current and valid copy of the federal permit to the Department with each renewal application. Statutory/Other Authority: ORS 496 Statutes/Other Implemented: 496 History: DFW 163-2015, f. & cert. ef. 12-9-15
635-062-0020 Restricted Species The following categories of wildlife may not be rehabilitated and released under these rules: (1) Nonnative wildlife classified as prohibited or noncontrolled per the wildlife integrity rules (OAR 635-056-0050 & 0060) or classified as controlled and specifically not allowed to be released in the wild (OAR 635-056-0070) shall not be rehabilitated or released into the wild. If these species are received by a permittee, the permittee must humanely euthanize the nonnative wildlife within 24 hours of receiving the animal. Nonnative wildlife listed as game animals in OAR 635 Division 045 are not affected by these rules. (2) Imported native wildlife except migratory birds as defined in 635-062-0035 (2). (3) Marine mammals (a) Unless specifically authorized by the Department and NMFS, marine mammals shall not be rehabilitated; (b) Section 109(h)(1) of the Marine Mammal Protection Act authorizes Federal, State, or local government officials or employees or designees, including members of the Oregon Marine Mammal Stranding Network, to humanely euthanize marine mammals in severe distress. (4) Coyote (Canis latrans). Permittees must notify the local Department district wildlife biologist within 24 hours of receiving a coyote into their facility. Coyotes may be housed for up to 48 hours while the Department locates and places the animal in a pre-approved facility or other disposition as determined by the Department. (5) Cougar (Felis concolor). Wildlife rehabilitators must notify the local Department district wildlife biologist immediately upon receipt of a cougar into their facility. (a) Cougar kittens confirmed to be orphaned by the Department will not be rehabilitated for release to the wild due to public safety concerns. (b) All cougars will be immediately transferred to Department veterinary staff at the ODFW Wildlife Health Lab for health and behavior evaluations and placement in a Department-approved Association of Zoos and Aquarium (AZA) accredited facility or other disposition as determined by Department staff. (c) Non-AZA accredited zoos available for holding cougar kittens be approved by the Department veterinarian or division administrator prior to placement. Statutory/Other Authority: ORS 496 Statutes/Other Implemented: 496 History: DFW 163-2015, f. & cert. ef. 12-9-15
635-062-0030 Department Notification (1) State and Federal Endangered, Threatened, Candidate or Sensitive species: (a) The holder of a Wildlife Rehabilitation Permit (permittee) must notify the local Department district wildlife biologist within 24 hours of receiving a state or federally listed endangered, threatened, candidate or sensitive species; (b) The permittee must notify the local Department district wildlife biologist within 24 hours of the death of any state or federally Endangered, Threatened, Candidate or Sensitive species in the permittee’s custody or as soon as the permittee determines that an individual animal of an Endangered, Threatened, Candidate or Sensitive species is not fit to be released into the wild; (c) A permittee may (at the permittee’s discretion) euthanize a state-listed Endangered, Threatened, Candidate or Sensitive species if the permittee determines that the individual is not fit to be released into the wild, but must then report the euthanasia to a local Department district wildlife biologist within 24 hours or the animal may be placed in an AZA-accredited facility, educational organization or institution with Department approval and letter of authorization as per 635-044-0255(4). Federally-listed threatened or endangered species and bald or golden eagles require USFWS approval prior to euthanasia unless USFWS personnel are not available and humane considerations warrant prompt euthanasia. (2) Wildlife Crimes. A permittee must notify the Oregon State Police immediately of any wildlife admitted with gunshot wounds or other injuries of a suspicious or criminal nature. (3) Diseased Wildlife. A permittee must notify the Department veterinarian within 24 hours of receiving any wildlife with clinical signs for known or suspected poisoning or infectious disease. Clinical signs involving poisoning or infectious disease may include, but are not limited to, incoordination, ataxia, depression, regurgitation, vomiting, or diarrhea. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 History: DFW 163-2015, f. & cert. ef. 12-9-15
635-062-0035 Wildlife Importation for Rehabilitation Purposes (1) To prevent the importation of sub-clinical stages of infectious disease carried by these taxa of wildlife and the importation of non-native invasive species, no person may transport any mammal, upland game bird, amphibian, reptile, fish, invertebrate, or prohibited or controlled species into Oregon for the purpose of rehabilitation. (2) Importation of injured wildlife into Oregon for rehabilitation purposes is limited to migratory bird species. Importation of migratory birds into Oregon for rehabilitation requires compliance with the Oregon Department of Agriculture’s importation rules. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 History: DFW 163-2015, f. & cert. ef. 12-9-15