justicedao/ipfs_state_laws huggingface dataset:
635-090-0150 Deer and Elk Auction Tags (1) The following tags will be auctioned to the highest bidder annually in such manner and at such time as determined by the department pursuant to OAR 635-090-0140. Hunters successful in bidding for one of the following tags are subject to the provisions of 635-090-0140 and OAR chapter 635, division 065. (2) Governor's Statewide Combination Hunt. (a) Bag Limit: One elk and one deer except no take of Columbian white-tailed deer outside of the Douglas county portion of Wildlife Management Units 21, 22, 23 and 24. (b) Hunting Hours: As provided in OAR 635-065-0730. (c) Open Season: August 1 through November 30. (d) Open Area: Any area within Oregon Wildlife Unit Boundaries as defined in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065). (e) Weapon: Any weapon legal for elk hunting as provided in OAR chapter 635, division 065. (f) Number of tags: One (1) elk and one (1) deer. (3) Statewide Deer Hunt. (a) Bag Limit: One deer except no take of Columbian white-tailed deer outside of the Douglas county portion of Wildlife Management Units 21, 22, 23 and 24. (b) Hunting Hours: As provided in OAR 635-065-0730. (c) Open Season: August 1 through November 30. (d) Open Area: Any area within Oregon Wildlife Unit Boundaries as defined in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065). (e) Weapon: Any weapon legal for deer hunting as provided in OAR chapter 635, division 065. (f) Number of Tags: Four. (4) Statewide Elk Hunt. (a) Bag Limit: One elk. (b) Hunting Hours: As provided in OAR 635-065-0730. (c) Open Season: August 1 through November 30. (d) Open Area: Any area within Oregon Wildlife Unit Boundaries as defined in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065). (e) Weapon: Any weapon legal for elk hunting as provided in OAR chapter 635, division 065. (f) Number of tags: Four. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 History: DFW 117-2023, amend filed 12/21/2023, effective 12/22/2023 DFW 24-2018, amend filed 02/16/2018, effective 02/16/2018 DFW 48-2006, f. & cert. ef. 6-21-06 DFW 68-2004, f. & cert. ef. 7-13-04 DFW 60-2002, f. & cert. ef. 6-11-02 DFW 40-2000, f. & cert. ef. 7-25-00 DFW 48-1998, f. & cert. ef. 6-22-98 FWC 36-1996, f. & cert. ef. 6-7-96 FWC 87-1994, f. & cert. ef. 11-22-94 FWC 35-1994, f. & cert. ef. 6-16-94
635-090-0200 Emergency Seeding (1) This section creates a special, fast-track review and approval process available to the Board for emergency seeding projects that address recent, wildfire-caused impacts to lands providing wildlife habitat. Notwithstanding any other rule, the Board may (at its discretion) process grant applications for such emergency projects using any or all of the special process elements provided by subsection (2) of this rule. However, the substantive standards provided in other rules shall still apply, with the addition of the special criteria specified in subsection (4) below. (2) When processing an application for an emergency project, the Board may: (a) Consult with the appropriate Regional Advisory Council in the most expeditious manner available (which may include fax, e-mail or telephone); (b) Consider and vote on the application during a special meeting of the Board upon shorter notice than required for regular Board meetings; and (c) Hold such a special Board meeting via telephone conference call. (3) Any emergency grant application recommended by the Board through the special procedures provided by this rule shall be forwarded to the Director (rather than the Commission) for final funding decision. The Director shall act on such a recommendation within 7 working days of receipt. (4) The Board shall apply the following special criteria to emergency grant applications, in addition to the general standards provided elsewhere in this division: (a) The proposed project must be located entirely on private land; (b) The project site must provide critical habitat for wildlife; (c) The project must propose emergency seeding to benefit wildlife, and the seed mixture has been approved by the local ODFW district biologist; (d) All equipment needed to complete the project is available; and (e) The seeding can be completed in the timeframe required. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242 History: DFW 6-2007, f. & cert. ef. 1-18-07
635-095-0100 Purpose The purpose of these rules is to describe the procedures and necessary accompanying information for submission of artwork for the Habitat Conservation, Upland Game Bird, and Waterfowl Stamp art competitions, selection of the winning entries, obligations of the winning artists, and sales provisions pursuant to ORS Chapter 496. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.303, 496.550, 496.555, 496.558, 496.562, 496.566, 496.571, 497.151, 497.153 & 497 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.303, 496.550, 496.555, 496.558, 496.562, 496.566, 496.571, 497.151 & 497.153 History: DFW 14-2015, f. & cert. ef. 2-25-15 DFW 65-2014, f. 6-11-14, cert. ef. 7-4-14 DFW 13-2012, f. & cert. ef. 2-10-12
635-095-0105 Submission of Artwork: Requirements (1) Applicants shall submit artwork for the Habitat Conservation, Upland Game Bird, and Waterfowl Stamp art competitions to the Department headquarters office (4034 Fairview Industrial Drive SE, Salem, OR 97302) on the dates indicated on the Contest Rules posted to the Oregon Department of Fish and Wildlife website. (2) Artwork shall feature eligible species. A list of eligible species for each contest will be provided on the respective Art Competition Entry Form for the corresponding stamp year. (3) Artist depictions must be identifiable as an eligible species or will be disqualified from the competition. (4) Image size of each entry shall measure 13 inches by 18 inches (horizontal or vertical) and shall be in any full color medium. (5) No photographs, sculptures, fabric art, computer-generated or computer-enhanced art, or carvings will be accepted. (6) The artwork shall be the artist’s original creation. A direct copy of another person’s artwork or photograph is not acceptable. (7) The artwork shall be unsigned by the artist. Any signed artwork will be disqualified. (8) Artwork previously used in production or entered into any state or federal stamp competition, including Oregon, will be disqualified. (9) The artwork shall be completely dry. The Department is not responsible for damage to any artwork submitted wet or uncured. (10) The entry shall be mounted and/or matted (white only), but it shall not be framed or under glass. (11) All entries must be submitted in sturdy reusable containers. Artwork will be returned to the artist in the same packaging as originally submitted. The Department will not be liable for loss or damage during shipment to or from the Department's office. (12) Entries shall include a pre-paid return label for shipping the entry back to the artist following judging. (13) It is the responsibility of each entrant to obtain adequate property insurance coverage for their contest submission. The Department assumes no liability for damage, loss, or theft of any entry. (14) Artists may submit more than one entry meeting the requirements herein. (15) Each artist shall submit with each entry a completed Art Competition Entry Form provided by the Department. The Department reserves the right to use this information for publicity should the work be selected. (16) Department employees are not eligible to participate in the contests. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.303, 496.550, 496.555, 496.558, 496.562, 496.566, 496.571, 497.151, 497.153 & 497.156 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.303, 496.550, 496.555, 496.558, 496.562, 496.566, 496.571, 497.151 & 497.153 History: DFW 47-2024, amend filed 06/18/2024, effective 06/18/2024 DFW 14-2015, f. & cert. ef. 2-25-15 DFW 65-2014, f. 6-11-14, cert. ef. 7-4-14 DFW 57-2012, f. & cert. ef. 6-11-12 DFW 13-2012, f. & cert. ef. 2-10-12
635-095-0111 Selection Process and Criteria (1) Winning entries shall be selected by a five-member panel including one Fish and Wildlife Commission member and four citizens appointed by the Director or their designee. Panel members may include representatives from the art community, wildlife profession, news media and conservation organizations. (2) The selection panel shall choose winning artwork based on: (a) Artistic composition; (b) Anatomical accuracy; (c) Habitat accuracy; (d) General rendering; (e) Background; and (f) General appeal. (3) All artwork submissions shall be made available for public viewing following selection of the winning entries. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.303, 496.550, 496.555, 496.571, 497.151, 497.153 & 497.156 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.303, 496.550, 496.555, 496.571, 497.151 & 497.153 History: DFW 14-2015, f. & cert. ef. 2-25-15 DFW 13-2012, f. & cert. ef. 2-10-12
635-095-0125 Other Provisions (1) The fee for the Habitat Conservation Stamp is $18.00 (plus $2.00 agent fee). (2) Sale of Habitat Conservation Stamps by the Department shall end at the close of business on December 31, of the respective year (3) Sale of Upland Game Bird and Waterfowl Stamps by the Department shall end at the close of business on June 30, of the respective year. (4) If prints of winning entries are produced, up to 200 stamps with numbers corresponding with the prints signed by the artist will be retained past the sales deadlines specified above. These stamps will only be sold with the sale of the corresponding prints. (5) The Department shall award the amount indicated on the Contest Rules posted to the Oregon Department of Fish and Wildlife website to the winning artist of each of the stamp contests. (6) The winning entries shall become the exclusive property of the Department. (7) The Department shall retain all reproduction rights of winning entries. (8) The winning artist for each contest shall sign, at no charge, up to two hundred fifty (250) prints and/or stamps for sale by the Department Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 496.303, 496.550, 496.555, 496.558, 496.562, 496.571, 497.151, 497.153, 497.156 & 496.566 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 496.303, 496.550, 496.555, 496.558, 496.562, 496.571, 497.151, 497.153, 497.156 & 496.566 History: DFW 47-2024, amend filed 06/18/2024, effective 06/18/2024 DFW 14-2015, f. & cert. ef. 2-25-15 Reverted to DFW 65-2014, f. 6-11-14, cert. ef. 7-4-14 DFW 88-2014(Temp), f. & cert. ef. 7-7-14 thru 12-31-14 DFW 65-2014, f. 6-11-14, cert. ef. 7-4-14 DFW 51-2013, f. & cert. ef. 6-10-13 DFW 156-2012(Temp), f. & cert. ef. 12-31-12 thru 6-28-13 DFW 57-2012, f. & cert. ef. 6-11-12 DFW 13-2012, f. & cert. ef. 2-10-12
635-097-0000 Purpose The purpose of the Private Forest Accord Grant Program is to fund projects that mitigate the impacts of certain forest practices on species covered by the Private Forests Accord Habitat Conservation Plan (HCP), which is to be submitted by the Board of Forestry to meet requirements of Oregon Laws 2022, chapter 33, section 11. The rules governing the Private Forest Accord Grant Program are OAR 635-097-0000 through 635-097-0110, referred to herein as the “PFA Grant rules”. Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & Oregon Laws 2022, Chapter 33, Sections 30-32 Statutes/Other Implemented: ORS 496.012 & Oregon Laws 2022, Chapter 33, Sections 30-32 History: DFW 74-2025, amend filed 08/20/2025, effective 08/20/2025 DFW 80-2023, adopt filed 08/10/2023, effective 08/10/2023
635-097-0020 Private Forest Accord Grant Program (1) The Private Forest Accord Mitigation Subaccount (hereafter referred to as "PFA Fund" or "Fund") shall consist of all moneys appropriated to the Department for deposit in the Fund or otherwise transferred to the Fund, and gifts, grants, contributions or other donations that are received by the Department from any public or private source and caused to be deposited and credited to the Fund. (2) The Department shall fund projects approved by the Commission with funds from the PFA Fund consistent with advice from the PFA Advisory Committee and these PFA Grant rules. (3) The Department shall expend moneys in the PFA Fund only for: (a) Projects recommended by the PFA Advisory Committee to the Department, and approved by the Commission that meet eligibility requirements in OAR 635-097-0050, (b) Projects that conduct outreach to further the purpose of PFA Grant Program, and (c) Administrative costs associated with the PFA Grant Program. (4) The Department and PFA Advisory Committee shall submit a joint biennial report to the Legislature on the expenditure of funds for the PFA Grant Program and the status of funded projects. Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & Oregon Laws 2022, Chapter 33, Sections 30-32 Statutes/Other Implemented: ORS 496.012 & Oregon Laws 2022, Chapter 33, Sections 30-32 History: DFW 74-2025, amend filed 08/20/2025, effective 08/20/2025 DFW 80-2023, adopt filed 08/10/2023, effective 08/10/2023
635-097-0030 PFA Advisory Committee Purpose and Duties (1) The purpose and duties of the PFA Advisory Committee are to: (a) Review Department policies regarding the use of moneys deposited in the PFA Grant Program and make recommendations to the Department and Commission regarding the use of the moneys in the Fund, and (b) Solicit and review grant applications under the PFA Grant Program as described in OAR 635-097-0040. (2) The PFA Advisory Committee shall consist of seven voting members and up to five nonvoting members. The composition of the PFA Advisory Committee is as follows: (a) Voting Members: (A) Six voting members are appointed by the Governor, which shall include three members who represent the timber industry, and three members who represent nongovernmental organizations promoting freshwater aquatic habitat conservation. (B) One voting member is appointed by the Oregon Conservation and Recreation Advisory Committee from among themselves. (C) The term of a voting member is four years. Voting members may be reappointed but may not serve more than two full terms. (b) Nonvoting members: The Department shall appoint up to five nonvoting members representing and as recommended by each of the following agencies: (A) The State Department of Forestry, (B) The Oregon Watershed Enhancement Board, (C) The State Department of Fish and Wildlife, (D) The United States Fish and Wildlife Service, and (E) The National Marine Fisheries Service. (3) The PFA Advisory Committee shall select officers for such terms and with such duties and powers it considers necessary to carry out the responsibilities of the PFA Advisory Committee. In addition, the members of the PFA Advisory Committee shall choose a temporary officer in the absence of the officers. (4) In undertaking the duties described in section (1) of this rule, the PFA Advisory Committee may solicit and consider project recommendations from other grant programs such as the Oregon Conservation and Recreation Fund. Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & Oregon Laws 2022, Chapter 33, Sections 30-32 Statutes/Other Implemented: ORS 496.012 & Oregon Laws 2022, Chapter 33, Sections 30-32 History: DFW 74-2025, amend filed 08/20/2025, effective 08/20/2025 DFW 80-2023, adopt filed 08/10/2023, effective 08/10/2023
635-097-0050 Private Forest Accord Grant Program Solicitation The Department, in collaboration with the PFA Advisory Committee, shall offer Grant funding solicitations for proposals pursuant to the following: (1) Grant funding proposals shall be solicited no less than once per year through a request for proposals. (2) Interested applicants shall submit a project application to the Department by the deadline described in the solicitation. (3) The Department, in collaboration with the PFA Advisory Committee and review teams, shall review all Grant funding applications against the Evaluation Criteria in OAR 635-097-0070, and any other requirements deemed appropriate by the Department which will be made available in the current solicitation. (4) Project match may not be required for Grants but may be considered during the review process. (5) Project monitoring may be required with conditions made available in the current solicitation. (6) The PFA Advisory Committee may request that an applicant amend a project application's scope of work and budget to meet program priorities, and Department staff may assist with such amendments. (7) The Commission may award grant funding to projects throughout the State of Oregon that provide conservation benefits to covered species, with advice from the Department and the PFA Advisory Committee. Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & Oregon Laws 2022, Chapter 33, Sections 30-32 Statutes/Other Implemented: ORS 496.012 & Oregon Laws 2022, Chapter 33, Sections 30-32 History: DFW 74-2025, amend filed 08/20/2025, effective 08/20/2025 DFW 80-2023, adopt filed 08/10/2023, effective 08/10/2023
635-097-0080 Private Forest Accord Grant Program Application Project applications for Regular Grants must be submitted on the most current form prescribed by the PFA Advisory Committee. In addition, applicants must provide a written explanation if they cannot provide any of the information required in the application. Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & Oregon Laws 2022, Chapter 33, Sections 30-32 Statutes/Other Implemented: ORS 496.012 & Oregon Laws 2022, Chapter 33, Sections 30-32 History: DFW 74-2025, amend filed 08/20/2025, effective 08/20/2025 DFW 80-2023, adopt filed 08/10/2023, effective 08/10/2023
635-097-0100 Revocation of Private Forest Accord Grant Program Application Project Approvals The Department may revoke an approved project if it determines that: (1) Implementation of the project is inconsistent with the approved project scope of work, (2) The Department does not receive funding at the levels necessary to completely fund the Project, (3) Any of the design, permitting, or construction of the Project is not pursued with due diligence as determined by the Department, (4) The construction of the Project is not permissible under state, federal, or local law, or the Project is inconsistent with current State of Oregon and Department goals, policies, management plans, laws, guidelines, and regulations, as determined by the Department, (5) The Grantee does not abide by the nondiscrimination and affirmative action provisions of this agreement, (6) The Grantee otherwise commits any material breach or default of any covenant, warranty, obligation, certification or agreement under the project agreement, (7) The Grantee has violated any term or condition imposed on the project agreement, (8) The project does not meet its proposed objectives, or (9) The project is inconsistent with current State of Oregon and Department goals, policies, management plans, laws, guidelines, and regulations. Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & Oregon Laws 2022, Chapter 33, Sections 30-32 Statutes/Other Implemented: ORS 496.012 & Oregon Laws 2022, Chapter 33, Sections 30-32 History: DFW 74-2025, amend filed 08/20/2025, effective 08/20/2025 DFW 80-2023, adopt filed 08/10/2023, effective 08/10/2023
635-097-0110 Agreements (1) Upon Commission approval, the Department may issue a work authorization letter to a Grantee authorizing the Grantee to commence project work and begin incurring expenses on a specified date that is before a fully executed agreement with the Department. To be eligible for reimbursement of expenses incurred before entering into an agreement with the Department, a Grantee shall meet the following conditions: (a) Enter into an agreement with the Department for a project funded by the PFA Fund; (b) Complete any reporting requirements outlined in these rules, (c) Acknowledge and agree that any expenses incurred, or actions taken, prior to the execution of an agreement between the Department and the Grantee, are at the Grantee’s own risk and expense. (2) The Department may award advanced payments at its discretion as specified in a fully executed agreement. The Department shall not make advanced payments unless the agreement explicitly provides for it. (3) The Department may retain a minimum of 10 percent of project funds until it receives the required close of project report and evaluates the project for completion and compliance with the agreement. (4) If all the parties has not fully executed the agreement according to the timeline in an approved proposal, the Department may terminate funding, unless the applicant requests, and the Department approves, an extension. (5) Following project completion, equipment purchased with project funds with a value above five-thousand dollars shall adhere to any additional post-project requirements stipulated by the Department, and equipment with a value of five-thousand or less shall remain with the Grantee or another approved entity. (6) The Commission may award Grantee post-project monitoring and maintenance funding. (7) All agreements between the Grantee and the Department shall have a project expiration date. (8) The Department shall have the authority to distribute to Grantee additional funds not to exceed 10 percent of the approved budget to provide for administrative corrections that the Department determines necessary. (9) The Department may consider approval of project modifications or amendments, including expansion of funded projects, with moneys remaining from the original project allocation if the purpose and intent of the amendment remains the same as the original project and the proposed activity is within the same watershed. (10) The Grantee must complete all required report elements described in the grant agreement. (11) The Grantee will allow the PFA Advisory Committee, Department members, or designated representatives access to the project area at a mutually agreeable time to monitor and evaluate the project. Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & Oregon Laws 2022, Chapter 33, Sections 30-32 Statutes/Other Implemented: ORS 496.012 & Oregon Laws 2022, Chapter 33, Sections 30-32 History: DFW 74-2025, amend filed 08/20/2025, effective 08/20/2025 DFW 80-2023, adopt filed 08/10/2023, effective 08/10/2023
635-098-0000 Purpose of the Fund The purpose of the Conservation and Recreation Fund appropriated to the State Department of Fish and Wildlife is to carry out activities that serve to protect, maintain, or enhance fish and wildlife resources in Oregon and to support nature-based recreation consistent with the Oregon Conservation Strategy. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254 Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146 History: DFW 122-2023, amend filed 12/28/2023, effective 12/28/2023 DFW 162-2019, adopt filed 10/18/2019, effective 10/18/2019