justicedao/ipfs_state_laws huggingface dataset:
635-043-0035 Conditions of Scientific Taking Permit Scientific taking permittees shall adhere to all requirements, terms, and conditions included on the Scientific Taking Permit and the record keeping requirements below: (1) Every scientific taking permittee shall at the time of taking wildlife, record the species, numbers, area and date wildlife were taken. (2) Records shall be maintained at the business address of the scientific taking permittee for a period of three years. (3) Records shall be sent to the Department at 4034 Fairview Industrial Drive SE, Salem, OR 97302 within 30 days of the expiration of the permit. Statutory/Other Authority: ORS 183 & 496 Statutes/Other Implemented: ORS 183 & 496 History: DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04 FWC 49-1991, f. & cert. ef. 5-13-91 3WC 2, f. 12-19-73, cert. ef. 1-11-74, Renumbered from 630-025-0105, 635-007-0245
635-043-0040 Persons Eligible for Scientific Taking Permit Any person who has need to collect wildlife for the purpose of acquiring knowledge thereof may apply for a Scientific Taking Permit. Eligible persons include members of public or private scientific organizations, professional educators, college or university students working under the sponsorship of accredited professors, and scientists employed by private corporations and public natural resource agencies. An application will be evaluated for approval and may be denied if it lacks merit. Statutory/Other Authority: ORS 183 & 496 Statutes/Other Implemented: ORS 183 & 496 History: FWC 49-1991, f. & cert. ef. 5-13-91, Renumbered from 635-007-0250 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0106
635-043-0045 Cancellation of Scientific Taking Permit Failure to comply with the conditions stipulated in OAR 635-043-0030 through 635-043-0040 is cause to cancel the permit and confiscate the wildlife taken. Statutory/Other Authority: ORS 183 & 496 Statutes/Other Implemented: ORS 183 & 496 History: FWC 49-1991, f. & cert. ef. 5-13-91 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0108, Renumbered from 635-007-0255
635-043-0051 Authority to Take or Harass Wildlife (1) In accordance with ORS 496.012, 496.162, 497.298, 498.002, and 498.006, Department staff or their agents, and sworn law enforcement officers, may take or harass wildlife in the times, places and manners necessary for: (a) Scientific purposes pursuant to Department programs; (b) Protection against a threat to human safety; (c) Protection of land or property from damage; (d) Wildlife management purposes pursuant to Department programs; (e) Education and display purposes; (f) Rehabilitation of sick, injured or orphaned wildlife; and (g) Law enforcement activities. (2) Harassment means acts that frighten or chase but do not kill wildlife. (3) ORS 498.126(1) provides that a person may not hunt game mammals or game birds from or with the aid of an aircraft, nor transmit from an aircraft to a person not in the aircraft information regarding the location of any game mammals or game birds. ORS 498.126(4) provides an exception for the Department of Fish and Wildlife, and its agents, when conducting wildlife management activities necessary for scientific research or, in emergency situations, protecting human safety, wildlife species or property. ORS 498.126(4)(b) requires definition of “emergency situation” and “necessary” by rule. (a) “Emergency situation” means that the Department has determined that prompt action is required to implement a provision of a species management plan or administrative rule adopted by the Fish and Wildlife Commission. (b) “Necessary” means that the Department has determined that the use of aircraft in a particular instance is the most efficient method of implementing a provision of a species management plan or administrative rule adopted by the Fish and Wildlife Commission. Statutory/Other Authority: ORS 496 Statutes/Other Implemented: ORS 496 History: DFW 53-2013, f. & cert. ef. 6-10-13 Reverted to DFW 61-2011, f. & cert. ef. 6-3-11 DFW 165-2011(Temp), f. & cert. ef. 12-30-11 thru 6-26-12 DFW 61-2011, f. & cert. ef. 6-3-11 DFW 36-2011, f. & cert. ef. 5-4-11 Reverted to DFW 12-2002, f. & cert. ef. 2-12-02 DFW 98-2010(Temp), f. & cert. ef. 7-9-10 thru 1-3-11 DFW 75-2010(Temp), f. & cert. ef. 6-2-10 thru 11-28-10 DFW 12-2002, f. & cert. ef. 2-12-02 DFW 47-2001, f. & cert. ef. 6-13-01
635-043-0056 Trapping of Wildlife For the purpose of alleviating a public nuisance or preventing property damage, the Department may trap and relocate wild turkeys found within the Roseburg city limits. Statutory/Other Authority: ORS 498.158 Statutes/Other Implemented: ORS 498.158 History: Reverted to DFW 31-2003, f. & cert. ef. 4-17-03 DFW 39-2003(Temp), f. & cert. ef. 5-12-03 thru 10-6-03 DFW 31-2003, f. & cert. ef. 4-17-03 DFW 30-2003(Temp), f. & cert. ef. 4-15-03 thru 10-6-03 DFW 1-2003(Temp), f. & cert. ef. 1-14-03 thru 7-9-03
635-043-0061 Taking Beaver Causing Damage Administrative Rules 635-043-0061 through 635-046-0076 govern take of beaver to control damage, public nuisance, and public health risks. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.012, 498.022, 498.032, 498.061, 498.062, 498.063 & 610.002 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.012, 498.022, 498.032, 498.061, 498.062, 498.063 & 610.002 History: DFW 55-2024, adopt filed 06/28/2024, effective 07/01/2024
635-043-0066 Definitions (1) “Damage” means loss of or harm inflicted on land, livestock or agricultural or forest crops. (2) “Forestland” means land that is used for the growing and harvesting of forest tree species, regardless of how the land is zoned or taxed or how any state or local statutes, ordinances, rules or regulations are applied. (3) “Imminently threatens” means the occurrence of recent beaver activity, including but not limited to gnawing, digging or dam building, that could result in loss or harm to infrastructure or to agricultural or forest crops if the activity were to continue. “Imminently threatens” does not mean the mere presence of a beaver without evidence of activity that could result in loss or harm. (4) “Public nuisance” means loss of or harm inflicted on gardens, ornamental plants, ornamental trees, pets, vehicles, boats, structures, or other personal property. (5) “Small forestland” means forestland whose owner owns or holds common ownership interest in less than 5,000 acres of forestland in this state. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.012, 498.022, 498.032, 498.061, 498.062, 498.063 & 610.002 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.012, 498.022, 498.032, 498.061, 498.062, 498.063 & 610.002 History: DFW 55-2024, adopt filed 06/28/2024, effective 07/01/2024
635-043-0071 Permit Required to Take Beaver (1) Season dates, bag limits, manner of harvest, and license requirements for take of beaver are found in OAR Chapter 635, Division 50, the furbearing and unprotected mammal regulations. (2) Any person desiring to take beaver at a time or under circumstances not authorized by beaver harvest provisions found in OAR Chapter 635 Division 50 or not authorized by wildlife control operator rules found in OAR Chapter 635 Division 435 must first secure a permit from the Department. (3) The Department may issue a permit allowing a person to take beaver that is causing damage, is a public nuisance, or poses a public health risk on land that person owns or lawfully occupies. (4) Any person attempting to take a beaver pursuant to a permit issued by the Department must be in compliance with any condition of the permit including, but limited to: (a) Take is only allowed by the person or persons specified on the permit. (b) Live beaver may not be held, transported or released at a location other than the location of capture except as specified on the permit. (5) Nothing in subsection (2) of this rule requires a permit to lethally take a beaver: (a) If the beaver on privately owned forestland damages or imminently threatens infrastructure or agricultural crops. (b) By an owner of small forestland, or a designee of the owner, if the beaver is causing damage or has the potential to cause damage. (c) By the owner of forestland, other than small forestland, or a designee of the owner, if: (A) The beaver apparently poses a threat to infrastructure; (B) The owner or a designee of the owner first requests the Department address the threat to infrastructure apparently posed by the beaver; and (C) The owner waits 30 days after making the request to the Department. (6) Beaver taken pursuant to this rule shall be disposed of as directed by the Department. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.012, 498.022, 498.032, 498.061, 498.062, 498.063 & 610.002 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.012, 498.022, 498.032, 498.061, 498.062, 498.063 & 610.002 History: DFW 55-2024, adopt filed 06/28/2024, effective 07/01/2024
635-043-0076 Reporting Requirements (1) Any person who takes a beaver pursuant to OAR 635-043-0070, even if the take was allowed without the requirement of permit, must report the take to the Department. (2) A report of take pursuant to this rule must include: (a) Contact information, including name and address, of the landowner and the person who took the beaver if different than the landowner; (b) The reason for take including the damage, public nuisance, or public health risk posed by the beaver; (c) The number and disposition of beaver taken; and (d) The location, including the subwatershed, where the beaver was taken. (3) The Department will record complaints of damage and public nuisance caused by beaver including the primary cause for the complaint, location the complaint occurred, primary action taken by the Department, number and disposition of any beaver taken, and whether or not advice for nonlethal deterrents was provided to the complainant. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.012, 498.022, 498.032, 498.061, 498.062, 498.063 & 610.002 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.012, 498.022, 498.032, 498.061, 498.062, 498.063 & 610.002 History: DFW 55-2024, adopt filed 06/28/2024, effective 07/01/2024
635-043-0085 Hunting from a Motor-Propelled Vehicle (1) Any person who carries on his or her person an Oregon Disabilities Hunting and Fishing Permit and any required license and tag issued by the Commission may hunt wildlife from a motor-propelled vehicle except while the vehicle is in motion or on any public road or highway. (2) Any person authorized to alleviate wildlife damage pursuant to ORS 498.136 may hunt designated wildlife from a motor propelled vehicle in the manner prescribed by permit. Statutory/Other Authority: ORS 183 & 496 Statutes/Other Implemented: ORS 183 & 496 History: DFW 142-2005, f. & cert. ef. 12-16-05 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0183, Renumbered from 635-010-0160, Renumbered from 635-07-327; FWC 27-1987, f. & ef. 6-19-87; FWC 49-1991, f. & cert. ef. 5-13-91; DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05
635-043-0090 Who May Hunt with the Aid of an Artificial Light Any person hunting bobcat, raccoon or opossum may hunt with an artificial light not attached to or operated from a motor-propelled vehicle. Any person authorized to alleviate wildlife damage pursuant to ORS 498.142 may hunt with the aid of an artificial light in the manner prescribed by permit. Statutory/Other Authority: ORS 183 & ORS 496 Statutes/Other Implemented: ORS 183 & ORS 496 History: DFW 60-2006, f. & cert. ef. 7-12-06 FWC 49-1991, f. & cert. ef. 5-13-91 3WC 2, f. 12-19-73, cert. ef. 1-11-74, Renumbered from 630-025-0203, 635-007-0330
635-043-0096 Harassing Wildlife Causing Damage Administrative Rules 635-043-0100 through 635-043-0115 govern harassment of wildlife to control damage, except for wolves, which are addressed in 635-110-0010 through 635-110-0030. Statutory/Other Authority: ORS 183 & 496 Statutes/Other Implemented: ORS 183 & 496 History: DFW 12-2005, f. & cert. ef. 3-9-05 FWC 49-1991, f. & cert. ef. 5-13-91
635-043-0105 Permit Required to Harass Wildlife Any landowner suffering damage from wildlife (except for bobcat, red fox, cougar, bear, and non-threatened or non-endangered migratory birds) to property that they own or lawfully occupy, and desiring to control the damage by means of harassment shall first secure a Wildlife Harassing Permit by applying to the Department. Any harassment of non-threatened or non-endangered migratory birds must not result in the take of migratory birds, their eggs or their nests. Statutory/Other Authority: ORS 183 & 496 Statutes/Other Implemented: ORS 183 & 496 History: DFW 108-2011, f. & cert. ef. 8-5-11 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0225, Renumbered from 635-007-0345; FWC 52-1987, f. & ef. 7-23-87; FWC 49-1991, f. & cert. ef. 5-13-91; FWC 58-1994, f. & cert. ef. 9-1-94; DFW 12-2002, f. & cert. ef. 2-12-02; DFW 37-2009(Temp), f. & cert. ef. 4-13-09 thru 8-31-09; DFW 92-2009(Temp), f. & cert. ef. 8-11-09 thru 2-5-10; DFW 1-2010, f. & cert. ef. 1-12-10
635-043-0110 Form of Harassment Permit The Wildlife Harassing Permit shall include the name and address of the complainant suffering wildlife damage, the name and address of the person or persons designated by the landowner to act as his agent, the description of the property on which harassment will be permitted, the wildlife species to be harassed, the date of issue and date of expiration of the permit, and the signature of the Department representative issuing the permit. Statutory/Other Authority: ORS 183 & 496 Statutes/Other Implemented: ORS 183 & 496 History: DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018 FWC 49-1991, f. & cert. ef. 5-13-91 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0226, Renumbered from 635-007-0350
635-043-0115 Cancellation of Harassment Permit The harassment permit may be cancelled if the wildlife damage ceases before the termination date or if permittee fails to comply with provisions on the permit. Statutory/Other Authority: ORS 183 & 496 Statutes/Other Implemented: ORS 183 & 496 History: FWC 49-1991, f. & cert. ef. 5-13-91 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0227, Renumbered from 635-007-0355
635-043-0130 Grand Ronde Reservation and Trust Lands Wildlife Management (1) The Commission authorizes the take of the following wildlife, to be allocated by the Confederated Tribes of the Grand Ronde Community of Oregon (Tribe, for purposes of this rule) for the purposes of accomplishing the goals of the “Confederated Tribes of the Grand Ronde Fish and Wildlife Management Plan,” (Management Plan) dated September 5, 2014, and delegates to the Tribe the management of fish and wildlife resources on the Tribe’s reservation and trust lands, in accordance with the Management Plan. (2) The Department authorizes the Tribe to annually take the following number of animals and shall provide tags annually, where applicable: (a) Columbia Black-tailed Deer: 200 animals (b) Roosevelt Elk: 200 animals (c) Cougar: 50 animals. (d) Bear: 50 animals. (e) Crayfish: no annual limit. (f) Pacific Lamprey: 100 animals. (g) Cutthroat trout: no annual limit. (h) Spring Chinook: 100 animals. (i) Coho: 100 animals. (j) Upland Game Birds (Blue (Sooty) Grouse, Ruffed Grouse, Mountain Quail, California Quail and wild Turkey): no annual limit. (k) Bobcat: 100 animals. (3) Harvesters exercising take authorized by subsection (2) must possess the applicable state-issued permits, licenses and tags and a tribally issued hunting tag, however a valid tribal license issued pursuant to the Consent Decree (OAR 635-041-0600) along with a tag issued under subsection (2) of this rule may be used in lieu of any otherwise required state license, tag or permit. The Tribe may impose such conditions upon the take of this wildlife, which must occur on reservation or trust lands, as the Tribes determine will effect the purposes of the Management Plan. (4) The Tribe shall report actual take to the Department under this authority by January 30 of the year following the take. (5) This rule does not delegate any authority with respect to fish hatcheries or fish supplementation programs. Any proposal to build a fish hatchery or implement a hatchery supplementation program would require additional agreement between the Tribe and the Commission. (6) Nothing in this rule authorizes or alters any legal restriction on the sale, barter, trade or exchange of wildlife or wildlife parts. (7) No additional tribal legal or treaty entitlement is created, conveyed or implied, nor is any existing agreement, treaty or court decree modified by the adoption of these rules or the Management Plan. Statutory/Other Authority: ORS 183 & 496 Statutes/Other Implemented: ORS 183 & 496 History: DFW 132-2014, f. & cert. ef. 9-11-14
635-043-0250 Purpose of the Urban Deer and Elk Population Control Pilot Program The purpose of these rules is to describe the procedures and requirements for issuing kill permits to take deer and elk within urban boundaries, thereby allowing cities the ability to reduce deer or elk populations in response to public nuisance as defined in OAR 498.012, health or safety concerns, and/or property damage. Statutory/Other Authority: ORS 496.012, 496.162, 498.002, 498.006, 498.012, Or Laws 2017, ch 331, § 1-3, compiled as a note after ORS 498.012 & Senate Bill 761 (2021) Statutes/Other Implemented: ORS 496.012, 496.162, 498.002, 498.006, 498.012, Or Laws 2017, ch 331, § 1-3, compiled as a note after ORS 498.012 & Senate Bill 761 (2021) History: DFW 185-2021, amend filed 12/30/2021, effective 01/01/2022 DFW 188-2018, adopt filed 12/28/2018, effective 01/01/2019
635-043-0260 Permit to Control Urban Deer and Elk Application Requirements Before requesting a kill permit to conduct urban deer or elk population control, the city must: (1) Adopt and enforce an ordinance restricting placing, depositing, distributing, storing or scattering food, garbage or any other attractant so as to knowingly constitute a lure, attractant or enticement for deer or elk. (2) Adopt an ordinance, resolution or order declaring that deer or elk populations have risen to levels that constitute a public nuisance. (3) Following the passage by a city of subsections (1) and (2) of this section, the city can petition the Department for kill permits necessary to reduce deer or elk population levels within city limits. Statutory/Other Authority: ORS 496.012, 496.162, 498.002, 498.006, 498.012, Or Laws 2017, ch 331, § 1-3, compiled as a note after ORS 498.012 & Senate Bill 761 (2021) Statutes/Other Implemented: ORS 496.012, 496.162, 498.002, 498.006, 498.012, Or Laws 2017, ch 331, § 1-3, compiled as a note after ORS 498.012 & Senate Bill 761 (2021) History: DFW 185-2021, amend filed 12/30/2021, effective 01/01/2022 DFW 188-2018, adopt filed 12/28/2018, effective 01/01/2019
635-043-0270 Department and City Responsibilities (1) In cities where the Department determines the deer or elk population does constitute a public nuisance as defined in ORS 498.012, or it presents health, safety or property damage concerns, the Department will: (a) Designate dates when take is allowed. (b) Determine the number and sex of deer or elk to be taken. The number of deer or elk taken should not exceed the number necessary to reduce the population to a level that no longer constitutes a public nuisance. (c) Issue the appropriate kill permit(s) to the city. (2) The city is responsible to: (a) Designate areas within city limits where deer or elk are to be taken. (b) Designate the manner of taking deer or elk, which may be by use of firearms or by live capture; (A) It is unlawful to use any poisoning, immobilizing, or tranquilizing drug or chemical to take or euthanize deer or elk for purposes of population control. (B) If live capture methods are used, traps must be checked at least once per day, animals must be immediately euthanized and not relocated or released. (C) Cities and agents must follow Department approved capture methodology, and handling requirements. (D) Methods for humane euthanasia must comply with most recent version of American Veterinary Medical Association standards; (E) Non-lead ammunition must be used if animals are euthanized with a firearm. (c) Designate an agent(s) with appropriate qualifications to take deer and elk. Statutory/Other Authority: ORS 496.012, 496.012, 498.002, 498.006, 498.012, Or Laws 2017, ch 331, § 1-3, compiled as a note after ORS 498.012 & Senate Bill 761 (2021) Statutes/Other Implemented: ORS 496.012, 496.012, 498.002, 498.006, 498.012, Or Laws 2017, ch 331, § 1-3, compiled as a note after ORS 498.012 & Senate Bill 761 (2021) History: DFW 185-2021, amend filed 12/30/2021, effective 01/01/2022 DFW 188-2018, adopt filed 12/28/2018, effective 01/01/2019
635-043-0280 Agent Authorization to Take Deer and Elk on Other than City Owned Property (1) Any agent of the city who takes a deer or elk on property other than city owned property must have in possession written authority to act as the agent of the landowner or lawful occupant of the land which includes: (a) The date of issuance of the authorization; (b) The name, address, telephone number and signature of the person granting the authorization; (c) The name, address and telephone number of the person to whom the authorization is granted; (d) The expiration date of the authorization, which shall be no later than one year from the date of issuance of the authorization. (2) Any agent who takes deer or elk under this program must immediately report the taking to the Department or a person authorized to enforce the wildlife laws. At a minimum, the reported information must include: (a) Name and phone number of the person reporting the take; (b) The kill permit number(s); (c) Number and sex of animals taken (including antler points if bucks or bulls are taken); (d) Location/address where take occurred; (e) Time of take; (f) Destination of carcasses. (g) Status of biological samples (if requested by the Department to take samples). Statutory/Other Authority: ORS 496.012, 496.162, 498.002, 498.006, 498.012, Or Laws 2017, ch 331, § 1-3, compiled as a note after ORS 498.012 & Senate Bill 761 (2021) Statutes/Other Implemented: ORS 496.012, 496.162, 498.002, 498.006, 498.012, Or Laws 2017, ch 331, § 1-3, compiled as a note after ORS 498.012 & Senate Bill 761 (2021) History: DFW 185-2021, amend filed 12/30/2021, effective 01/01/2022 DFW 188-2018, adopt filed 12/28/2018, effective 01/01/2019
635-043-0290 Salvage of Deer and Elk (1) As defined in ORS 315.154, and used in this section “food bank or other charitable organization” means any organization located in the state, including but not limited to a gleaning cooperative, that is exempt from federal income taxes under section 501(c)(3) of the Internal Revenue Code, and has as a principal or ongoing purpose the distribution of food to children or homeless, unemployed, elderly or low-income individuals. (2) Any deer or elk taken, to the extent feasible, shall be salvaged and delivered to a “food bank or other charitable organization” for distribution. Any processing and distribution fees shall be at the expense of the city. (3) The Commission is not liable for any loss or damages arising out of the recovery, possession, transportation or consumption of deer or elk pursuant to a kill permit. (4) The city may sell hides and antlers from deer and elk taken under this program within thirty days of take to persons licensed under ORS 498.019 to offset the cost of the program. Antlers not sold must be surrendered to the Department within forty-five days of take. Antler sales must comply with 635-200-0050(4). Statutory/Other Authority: ORS 496.012, 496.162, 498.002, 498.006, 498.012, Or Laws 2017, ch 331, § 1-3, compiled as a note after ORS 498.012 & Senate Bill 761 (2021) Statutes/Other Implemented: ORS 496.012, 496.162, 498.002, 498.006, 498.012, Or Laws 2017, ch 331, § 1-3, compiled as a note after ORS 498.012 & Senate Bill 761 (2021) History: DFW 185-2021, amend filed 12/30/2021, effective 01/01/2022 DFW 188-2018, adopt filed 12/28/2018, effective 01/01/2019