justicedao/ipfs_state_laws huggingface dataset:
635-049-0015 Basic Requirements (1) Cervids may not be held except as authorized by a cervid license issued by the Department. (a) To hold Rocky Mountain elk (Cervus elaphus nelsoni), Roosevelt elk (Cervus elaphus roosevelti), Sika deer (Cervus nippon), Muntjac deer (Muntiacus sp.), white-tailed deer (Odocoileus virginianus) or black-tailed deer (Odocoileus hemionus columbianus), a Type 1 license is required. (b) To hold fallow deer (Dama dama) or reindeer (Rangifer tarandus), a Type 2 license is required. (c) No other species or subspecies of cervids may be held under a cervid license. (2) The following are exceptions to the cervid license requirements of subsection (1): (a) A scientific take permit issued pursuant to OAR chapter 635, division 043 may authorize the holding of cervids for the purpose of scientific research; (b) A wildlife rehabilitation permit issued pursuant to OAR dhapter 635, division 044 may authorize the temporary holding of wild cervids for the purpose of rehabilitation and return to the wild; (c) Public agencies may hold cervids as necessary in the performance of their official duties. Temporary holding of cervids by public agencies is not subject to these division 049 rules. The Director may exempt a public agency’s permanent holding of cervids from any or all of these division 049 rules upon a finding that the operation would not tend to be harmful to existing wildlife populations and would significantly benefit the public. (3) Hybridization of native cervids held in captivity is prohibited, except that: (a) Hybrids of Rocky Mountain and Roosevelt elk may be held if specifically authorized in the license. (b) Hybrids of native cervids and other native or non-native cervids may be held as part of a scientific effort if determined by the Director of the Department to be of overwhelming benefit to wildlife or wildlife habitat in Oregon and if specifically authorized as a condition of a license. (4) No pairings between wild and captive cervids are allowed for the purpose of producing offspring unless specifically authorized as a license condition. (5) If a licensed facility contains no cervids for more than 180 consecutive days, the license is deemed forfeited. Anyone whose license the Department proposes to forfeit may request a contested case hearing within 14 days of notice of the proposed 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
635-049-0025 Import, Export, Transport Other than to Licensed Facilities (1) It is unlawful to import live cervids. However, live fallow deer and/or reindeer that leave Oregon temporarily for educational or display purposes may return to Oregon upon obtaining any necessary Department of Agriculture permits, provided: (a) The fallow deer and/or reindeer have had no contact with other cervids while outside Oregon; and (b) The Department of Fish and Wildlife is notified each time before the fallow deer and/or reindeer re-enter Oregon. (c) The Department of Fish and Wildlife is provided a schedule of off facility locations and dates before the fallow deer and/or reindeer are transported outside the facility. (2) Cervid gametes or embryos may be imported into Oregon only under the following conditions: (a) The person proposing to import provides the Department with documentation of the pedigree of the parents; (b) The gametes or embryos are of the species or subspecies for which the recipient is licensed to hold; and (c) The Department approves the import proposal in advance as posing no threat to native wildlife. (3) Live cervids, gametes and embryos may be exported from Oregon, and cervid gametes and embryos may be imported into Oregon, only by a holder of an Oregon license valid for that species or subspecies, and provided that the licensee complies with all requirements of the Oregon Department of Agriculture governing transport, import and export in addition to provisions of OAR chapter 635 division 049. (4) To the extent import or export of cervids, gametes or embryos is allowed by the above, any person proposing such import or export must obtain a permit from the Department of Fish and Wildlife in advance. (5) Note the requirements of OAR 635-049-0265 governing transport of cervids. (6) Effective January 1, 2009, it is unlawful for any person to export any bull elk that the person knows or should know will be used in a shooter bull operation. A “shooter bull operation” means a privately owned entity offering the hunting of bull elk for a fee or other remuneration within a fenced enclosure designed to prevent the elk’s escape into 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 107-2011, f. & cert. ef. 8-4-11 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 65-2009, f. & cert. ef. 6-10-09 DFW 52-2008, f. & cert. ef. 5-28-08
635-049-0035 Hunting of Privately Held Cervids Prohibited It is unlawful to hunt, kill, or attempt to hunt or kill cervids held by a private party; however: (1) Any person may slaughter such a cervid for meat or leather production; (2) Any person may euthanize such a cervid for scientific, health, safety or other valid husbandry concerns; and (3) The Department's Wildlife Division Administrator may authorize any person to hunt or kill a captive cervid if the Division Administrator determines it would be in the best interest of sound wildlife management. The Division Administrator may impose conditions on such authorizations. 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
635-049-0045 Release or Escape of Captive Cervids (1) It is unlawful to release, or to negligently allow to escape, any captive cervids without first obtaining a permit from the Department pursuant to ORS 498.052, or unless operating under a rehabilitation or scientific take permit. (2) Any cervids that have escaped or been illegally released from captivity are deemed a public nuisance. (3) Captive cervids that have escaped or been illegally released from a holding facility are unprotected wildlife, and therefore may be killed by any person authorized under provisions of 635-049-0035(3). (4) Any person holding cervids other than under a rehabilitation or scientific take license or permit must notify the Department immediately of any release or escape of cervids and must, at their own expense, recapture or destroy the cervids within 72 hours of discovering the release or escape. If they do not recapture or destroy the released or escaped cervids within 72 hours, the Department or its agent may capture or destroy such cervids. The Department may seek reimbursement from the holder for any expenses the State of Oregon incurs in recovering, maintaining or disposing of such cervids, plus any damage to the state's wildlife or wildlife habitat. In deciding whether to seek reimbursement, the Department will consider the nature, scope and environmental impact of the release or escape, as well as whether the holder acted promptly and in a cooperative manner to deal with the release or escape. If the Department demands reimbursement, the holder must reimburse the Department in full within 30 days of receipt of the written demand. (5) Any person holding cervids must keep wild cervids out of enclosures holding at least one captive cervid. If a wild cervid enters an enclosure holding at least one captive cervid, the holder must notify the Department and remove the wild cervid as soon as practicable. (6) Notwithstanding subsection (4), if the Division Administrator determines that released or escaped cervids present an imminent danger to wildlife, the Division Administrator may take whatever action deemed appropriate, including destruction of the released or escaped cervids. Similarly, if the Division Administrator determines that a holder has failed to remove a wild cervid from an enclosure holding at least one captive cervid as soon as practicable, the Department may remove the wild cervid. 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
635-049-0069 Recaptured Cervids Where a captive cervid has escaped from a licensed facility and been recaptured, the Department may, where the Department determines it necessary to guard against disease, require that the cervid be subjected to nonlethal disease testing. 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 65-2009, f. & cert. ef. 6-10-09
635-049-0071 Obligation to Report Disease Incidents Any cervid license holder with knowledge that a cervid in his or her licensed Type 1 facility has any of the diseases on the Cervid Disease Surveillance List (or has been exposed to any of those diseases) must promptly report that fact to the Department and the State Veterinarian: 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 65-2009, f. & cert. ef. 6-10-09
635-049-0073 Disease Testing and Genetic Requirements for Importation of Cervid Gametes and Embryos (1) Before importing any cervid gamete or embryo into Oregon, a cervid holding licensee must submit for the Department’s review and approval a list of test results and genetic information from the donor cervid. To qualify for approval, the test results and genetic information must prove to the Department’s satisfaction that: (a) No more than 30 days prior to submission, the donor cervid tested negative for brucellosis; (b) No more than 90 days prior to submission, the donor cervid tested negative for bovine tuberculosis; (c) The donor cervid has not been present in an area of CWD risk; and (d) The donor cervid is a species which the licensee is licensed to hold in Oregon. (2) Notwithstanding paragraph (1) (a), a gamete or embryo qualifies for import if the cervid licensee proves to the Department’s satisfaction that the donor cervid: (a) Originated in a herd classified by the U.S. Department of Agriculture (USDA) as Certified Brucellosis-Free; or (b) Originated in a herd classified by USDA as Brucellosis Monitored, plus tested negative for brucellosis no more than 90 days prior to entry into Oregon. (3) Notwithstanding paragraph (1) (b), a gamete or embryo qualifies for import if the cervid licensee proves to the Department’s satisfaction that the donor cervid: (a) Originated in a herd classified by USDA as Bovine Tuberculosis Accredited; or (b) Originated in a herd classified by USDA as Bovine Tuberculosis Qualified or Monitored, plus tested negative for tuberculosis no more than 90 days prior to entry into Oregon. (4) “Has not been present in an area of CWD risk” means that the donor cervid has never: (a) Been in a herd or facility that tested positive for CWD; (b) Come in contact with a cervid that tested positive for CWD or a cervid that came from a herd or facility that tested positive for CWD; or (c) Been in a state, Canadian province or foreign country with a history of CWD. 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 65-2009, f. & cert. ef. 6-10-09
635-049-0075 Genetic Requirements Any person holding cervids must comply with the following genetics management requirements: (1) The holder must inform the Department in advance of any in vitro fertilization or artificial insemination of captive cervids; (2) Upon demand by the Department, the holder must verify that a cervid born from in vitro fertilization or artificial insemination is of a species or subspecies authorized by the holder’s license. (3) The Department may, at its discretion and expense, subject any captive cervids to genetic analysis; (4) If the Department determines that an unauthorized cervid exists at a cervid holding facility, the holder must have all cervids in the facility genetically tested as directed by the Department and at the holder’s expense. An “unauthorized cervid” is one which was not listed in the holder’s annual report for the previous year or one of a species or subspecies (or a hybrid of a species) which is not authorized by the holder’s license. (5) If the Department determines that a holder is holding any unauthorized cervids, the holder must kill or otherwise legally dispose of those cervids within 30 days of the Department’s determination. The Department bears no liability for such a determination. “Otherwise legally dispose” means to legally export from Oregon or transfer to a licensed Oregon facility that is authorized to hold such 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
635-049-0085 Licenses Generally (1) Cervid holding licenses must be renewed annually and are valid for as long as a licensee complies with all requirements of OAR chapter 635 division 049. (2) Cervid holding licenses are specific to the holder and to the holding facility described in the license. (3) When the Department issues or renews a license to a corporation, limited partnership or limited liability company or trust, the Department will require a joint and several personal guarantee from each shareholder, stockholder, limited partner, general partner, member, trustee, current beneficiary or other principal. The personal guarantee must address liability for costs as provided in OAR 635-049-0045. 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
635-049-0095 Decision Standard for Issuing a License The decision standard for issuing a cervid license is whether the proposed cervid holding operation would tend to be harmful to wildlife populations then existing in the wild, especially native wildlife. Any person whose license application the Department proposes to deny may request a contested case hearing within 14 days of notice of the proposed 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
635-049-0105 Decision Standard for Suspending, Revoking or Refusing to Renew a License (1) The following are grounds for suspending, revoking or refusing to renew a license. (a) That the licensee (or the licensee’s officer, director, shareholder, partner, member, manager or employee) was convicted or admitted violation of these rules or any other provision of the wildlife laws at the licensed facility or in connection with the licensed operation; or (b) A finding by the Department that continued operation would tend to be harmful to wildlife populations then existing in the wild, especially native wildlife. (2) Any person whose license the Department proposes to suspend, revoke or refuse to renew may request a contested case hearing within 14 days of notice of the proposed 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
635-049-0115 Disposition of Cervids upon License Suspension, Revocation, Nonrenewal or Denial (1) Within 90 days after any of the following events, any person holding cervids must dispose of the cervids: (a) Suspension, revocation or expiration of the cervid license; (b) Denial of an application for license; or (c) Receipt of a notice from the Department informing the holder that the cervid(s) is/are not authorized by license. (2) “Dispose” means to do the following in compliance with these rules: (a) Kill; (b) Transfer to another licensed facility; or (c) Export from Oregon. (3) If the holder fails to dispose of any cervids by the deadline specified in paragraph (1), and if the Department determines that the cervids pose an imminent threat to wildlife, livestock, or public health requiring prompt action, the Department may kill, confine, transfer, or otherwise dispose of the cervids as it determines necessary. In all other circumstances, the Department may kill, transfer, confine or otherwise dispose of the cervids only after providing the holder with notice and an opportunity for hearing. The Department may choose to keep the cervids on the holder's property until an appropriate means of disposal is found or pending a hearing. The Department bears no liability for such actions. Any cervids held for disposal must be treated humanely in compliance with these rules. (4) The holders of any cervids of which the Department disposes pursuant to paragraph (3) must compensate the State of Oregon for any and all expenses incurred by the State during disposition. 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
635-049-0125 Control of Disease Outbreaks (1) Diseased captive cervids posing an imminent danger to public health, wildlife or livestock constitute a public nuisance. (2) Upon a finding that an outbreak of communicable disease among captive cervids poses imminent danger to public health, wildlife or livestock requiring prompt action, the Department may order the holder to destroy, confine or transfer by a specified deadline any or all cervids they hold. (3) If a holder fails to take the action ordered by the Department pursuant to paragraph (2), the Department or its agents may enter the holder’s facility and take the action. The holder is liable for any costs the State of Oregon so incurs. The Department bears no liability for such actions. 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
635-049-0135 General Requirements for Holding Cervids NOTE: This section establishes general requirements applicable to all cervid holders. The sections governing Type 1 and Type 2 cervid licenses impose additional, more specific requirements concerning particular aspects of cervid holding (1) A holder must treat captive cervids in a humane manner, and provide food and water in sufficient quantity and quality to maintain the cervids in a healthy condition. In addition, the holder must comply with ORS 167.310 through 167.340 inclusive (concerning humane treatment of animals) and any applicable requirements concerning water quality. (2) A holder must maintain cervid holding facilities in a sanitary condition and provide adequate room for exercise. (3) A holder must ensure that cervid holding facilities, including vegetation management and individual pasture and paddock size, allow daily, ground level observation of all cervids. “Ground level observation” does not necessarily require a single observation point. In addition to any applicable fencing standards under these rules, the following requirements apply: (a) Maximum facility size is 300 contiguous acres, unless a facility plan has been approved by the Director as an exemption. (b) A holder’s facility must prevent ingress of wild cervids into the facility and egress of captive cervids from the facility, plus maintain complete separation of captive and wild cervids at all times. (4) Holders must ensure that facility enclosures include handling facilities adequate to gather and hold cervids safely and efficiently for inspection, testing or quarantine. (5) Each license authorizes only one facility. Satellite facilities are not allowed. 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
635-049-0145 Sale or Exchange (1) The sale or exchange of live cervids, cervid embryos and cervid gametes is prohibited, except that live cervids, embryos and gametes may be sold or exchanged if legally held under an Oregon cervid license and only if: (a) Sold to others who are authorized to hold cervids legally outside the state of Oregon; or (b) Sold to or exchanged with the holder of an Oregon cervid license valid for that species or subspecies. (2) Purchase, sale or exchange of cervid parts is governed by OAR chapter 635, division 200. (3) Note the requirements of OAR 635-049-0265 governing transport of 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