justicedao/ipfs_state_laws huggingface dataset:
635-075-0003 Decision Standard for Suspension and Revocation from the LOP Program (1) If a landowner as defined in OAR 635-045-0002 (or the landowner’s partner, member, manager, employee, or any person using an LOP tag provided by the landowner) is convicted of violation of the wildlife laws arising from participating in the LOP program, the Department may suspend that landowner from participating in the LOP program for three years, beginning upon issuance of a final order. (a) When the Department suspends a landowner pursuant to paragraph (1), that suspension will include any and all properties associated with that landowner, including properties registered to the individual, as a partnership, or as a corporation, and the suspension will run for the same period of time as for the landowner. (b) When the Department suspends a landowner pursuant to paragraph (1), the Department will also revoke any unused LOP tags previously issued for the landowner’s properties. (2) Any landowner whose LOP program participation the Department proposes to suspend 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 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & 496.162 History: DFW 62-2011, f. & cert. ef. 6-3-11 DFW 139-2008, f. & cert. ef. 10-30-08 DFW 131-2008, f. & cert. ef. 10-14-08
635-075-0007 Application and Tag Issuance Procedures and Limits for Emergency Hunts (1) Landowner hunting preference tags for emergency hunts (see division 78) will be issued to landowners by department field staff. (2) To qualify, the landowner shall sign an affidavit certifying ownership, number of acres owned, the county and wildlife management unit where the property is located, and the names of people to receive tags. (3) A landowner, stockholder(s), partner(s), immediate family and those designated by the landowners may receive landowner hunting preference tags for emergency hunts. Tags are issued in addition to and under the same criteria as specified in OAR 635-075-0005(6). Emergency hunt landowner preference tags may not be exchanged for additional antlerless tags. 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 82-2000, f. 12-21-00, cert. ef. 1-1-01 DFW 49-1998, f. & cert. ef. 6-22-98 FWC 9-1997, f. & cert. ef. 2-27-97 FWC 7-1996, f. & cert. ef. 2-12-96 FWC 10-1994, f. & cert. ef. 2-24-94 FWC 99-1992, f. & cert. ef. 9-25-92
635-075-0015 Exchanging Landowner Preference Tags That Do Not Fall Under the Category of a Damage Situation (1) The landowner hunting preference tag may be exchanged for another landowner hunting preference controlled hunt of the same hunt type provided the controlled hunt area includes the same landowner's property. For example, a landowner may exchange a landowner preference controlled bull tag for a landowner preference controlled antlerless elk tag. (2) The landowner hunting preference tag, except controlled antlerless deer tag, may be exchanged for a general season tag. (a) Tags must be exchanged prior to the season(s) for which such tags are valid. (3) Landowners (635-045-0002) and immediate family (635-045-0002) currently listed on a landowner's tag distribution list may exchange a controlled hunt tag for an LOP tag before the opening date of the season for which either tag is valid. (4) Exchanges may be made at the Salem headquarters or regional offices of the department for no charge. (5) Landowner preference tag exchanges may be made for no charge at the Salem headquarters, regional, and district offices of the department, if the landowner is only exchanging his/her antlered tag for an antlerless tag for his/her own use. All other landowner preference tag exchanges may only be made at the Salem headquarters or regional offices of the department. (6) Tags must be exchanged prior to the general or limited entry season in the landowner’s unit. (7) Landowner preference tags for the hunting of pronghorn antelope may not be exchanged and may not be used for the taking of buck antelope. (8) Landowner preference tags for the hunting of antlerless deer may not be used for taking of white-tailed deer in Western Oregon. 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 122-2004, f. 12-21-04, cert. ef. 1-1-05 DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04 DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00 DFW 1-1999, f. & cert. ef. 1-14-99 DFW 49-1998, f. & cert. ef. 6-22-98 FWC 7-1996, f. & cert. ef. 2-12-96 FWC 14-1990, f. & cert. ef. 2-2-90
635-075-0020 Landowner Hunting Preference Tags in Special Seasons (1)(a) Landowner hunting preference tags are not available for Premium Hunts (series L, M, and N) or the long duration youth elk hunts (August 1–December 31) or the Melrose 223T (August 1–March 31) youth elk hunt. (b) During controlled elk hunts with a bag limit of spike or better in units where the usual bag limit for bull elk is spike only, landowner hunting preference tags may be limited to five tags or 10 percent of the total controlled hunt tags whichever is greater; the bag limit for these elk tags shall be spike or better. (c) In the following hunts LOP tags will be limited to five tags or 10% of the total controlled hunt tags, whichever is greater: elk hunts; 254R1, 254Y1, 255R1, 255Y1, 256R1 and 256Y1: buck deer hunts; 112, 122, MC101-2, MC102-2, JK101-1, FX103-1, NE106-1, and JT101R-1. (2) If landowner preference tags remain from the controlled hunts described in 635-075-0020(1)(b) after the game mammal controlled hunt drawing, the Department will issue remaining tags to qualified landowners as described in 635-075-0024. 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 91-2025, amend filed 09/19/2025, effective 09/19/2025 DFW 117-2023, amend filed 12/21/2023, effective 12/22/2023 DFW 183-2021, amend filed 12/30/2021, effective 12/30/2021 DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020 DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019 DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018 DFW 48-2017, f. & cert. ef. 4-24-17 Reverted to DFW 18-2016, f. & cert. ef. 3-21-16 DFW 131-2016(Temp), f. 9-29-16, cert. ef. 9-30-16 thru 3-15-17 DFW 18-2016, f. & cert. ef. 3-21-16 DFW 69-2015, f. & cert. ef. 6-11-15 DFW 1-2015, f. & cert. ef. 1-6-15 DFW 63-2014, f. & cert. ef. 6-10-14 DFW 83-2010, f. & cert. ef. 6-15-10 DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04 DFW 4-2003, f. 1-17-03, cert. ef. 4-1-03 FWC 9-1997, f. & cert. ef. 2-27-97 FWC 40-1994, f. & cert. ef. 6-28-94 FWC 10-1994, f. & cert. ef. 2-24-94
635-075-0024 Issuing Leftover Limited Landowner Hunting Preference Tags (1) If landowner preference tags remain from the controlled hunts described in 635-075-0020(1)(b) and 635-075-0022(3)(a) after the game mammal controlled hunt drawing, the Department will issue remaining tags to qualified landowners in the following manner: (a) The tags shall be issued on a first-come, first-served basis. (b) The Department will set the time, date, and any constraints (i.e., online or through License Agents only) for the sale of the tags. (c) Only landowners who still have tags available for allocation on their property as set forth in 635-075-0005 (8) may apply for and receive tags remaining in the quota. Such a tag may be for the landowner or for someone other than the landowner listed on their tag distribution form. (d) Limited landowner tags from the quota are not an additional hunting opportunity for the landowner or hunter. (A) If the hunter has a general elk season or 200 Series controlled hunt tag, they are not eligible to receive a tag for a hunt described in 635-075-0020(1)(b) with limited landowner elk tags. (B) If the hunter has a general deer season or 100 Series controlled hunt tag, they are not eligible to receive a tag for a hunt described in 635-075-0022(3)(a) with limited landowner deer tags. (2) For the purposes of OAR 635-075-0020(2) and 635-075-0022(3), "qualified landowner" is a landowner who registered their land through the landowner preference program for the Wildlife Management Unit or Deer Hunt Area which includes the controlled hunt and who has a current tag distribution form filed with the Department. (3) A hunter who received a tag of his or her choice through the original game mammal controlled hunt drawing process may exchange that tag for a remaining tag in the first-come, first-served process while tags remain available. Tag purchases and exchanges may be obtained only through ODFW Salem Headquarters and must be made before the start of the seasons for which the tags are issued. Tag exchange fees as provided in OAR 635-010-0019 apply. The tag being exchanged shall not be reissued. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.151 & 496.162 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.151 & 496.162 History: DFW 91-2025, amend filed 09/19/2025, effective 09/19/2025 DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020 DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018 DFW 48-2017, f. & cert. ef. 4-24-17
635-075-0025 Outfitters and Guides Nonresident Tag Allocation (1) Eligibility: Outfitters and Guides must be registered pursuant to ORS 704 prior to making application for big game tags described herein. (2) The Outfitters and Guides nonresident tags allocated shall be based on one half the nonresident tags drawn in the previous year from the standard first drawing determined by hunt number for series 100, 200, and 600 as described in OAR 635-060-005 and 635-068-0000 through 635-071-0000. (a) Prior to November 1 of each year, the Department shall publish a list of tags available for allocation based on nonresident tags drawn in the annual June drawing. (b) In the event of new hunts, no Outfitter and Guide tags will be allocated for that year for those hunts, except for unit wide hunts that are split will have tags reapportioned for the new hunts. (c) All tags allocated shall be considered nonresident for the purposes of OAR 635-060-0030(2). (d) The Commission may revoke or refuse to issue all or any portion of the permits based upon a commission finding of an emergency situation or for a biological need. In the event of a tag number reduction of 50% or more for the current hunt year, Outfitter and Guide tags will be reduced proportionately to the overall tag reduction. Tags will be reallocated based on the application draw number. (e) For the purposes of these rules, "emergency situation or biological needs" is defined as a situation in which harvest mortality above a prescribed level would significantly jeopardize the department's ability to meet sex ratio or population management objectives for a wildlife management unit or subunit. (f) Notwithstanding subsection 2 of this rule, due to the modification of eastern Oregon deer hunts and hunt areas following the Mule Deer Management Plan (2024), tags allocated for Outfitters and Guides in 2026 for each eastern Oregon 100 series and 600 series deer hunts shall be as shown in Table 1 (attached). [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 496.012, 496.138 & 497.112 Statutes/Other Implemented: ORS 496.012, 496.138 & 497.112 History: DFW 91-2025, amend filed 09/19/2025, effective 09/19/2025 DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020 DFW 18-2016, f. & cert. ef. 3-21-16 DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02 DFW 47-1999, f. & cert. ef. 6-16-99 DFW 49-1998, f. & cert. ef. 6-22-98 FWC 73-1997, f. & cert. ef. 12-29-97
635-075-0026 Application Requirements (1) A valid controlled hunt Outfitter and Guide application shall be purchased from the Department. The purchase price of the application is $30.00 (plus a $2.00 agent fee) per specific hunt number applied for regardless of the number of tags applied for. (a) No more than 50% of the available tags for a specific hunt number and species may be applied for, except in cases where only one person applies for tags and/or an odd number of tags exists in particular hunt. (b) Tags will only be issued for specific hunt units in which the Outfitter and Guide is certified and in which the Outfitter and Guide is eligible to obtain a federally issued Special Recreation Permit or provides proof of a private land lease. (c) When physically accompanying a client on an Outfitter and Guide Hunt on federal lands, Outfitter and Guides must be in possession of a valid federally issued Special Recreation/Use Permit and comply with the conditions and requirements of the permit. For purposes of this rule, “Outfitter and Guide Hunt” has the meaning provided in OAR 635-045-0002(51). (d) Applications must be complete and include such information as required which will include the six-digit State Marine Board Registration number required under ORS 704.020 or they may be disqualified from the tag allocation drawing. (e) Applications, along with the proper fees, must be received by midnight December 1, of each year, at the Department headquarters office. Applications received after the specified deadline dates shall be disqualified. (2) No outfitter or guide may receive more than 25 tags per year for any single species of big game from the December Outfitter and Guide tag drawing. Tags received in the first-come, first-serve remaining tag process are in addition to tags drawn by an outfitter and guide in the December Outfitter and Guide tag drawing. Statutory/Other Authority: SB 247 (2015), ORS 496.012, ORS 496.138, ORS 497.112 & ORS 496.151 Statutes/Other Implemented: SB 247 (2015), ORS 496.012, ORS 496.138, ORS 497.112 & ORS 496.151 History: DFW 105-2025, amend filed 10/31/2025, effective 10/31/2025 DFW 114-2023, temporary amend filed 11/21/2023, effective 11/21/2023 through 01/15/2024 DFW 138-2022, amend filed 09/30/2022, effective 09/30/2022 DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019 DFW 16-2019, amend filed 02/04/2019, effective 02/04/2019 DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017 DFW 122-2017, amend filed 09/21/2017, effective 09/21/2017 DFW 18-2016, f. & cert. ef. 3-21-16 DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16 DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10 DFW 6-2006, f. & cert. ef. 1-25-06 DFW 128-2005, f. 12-1-05, cert. ef. 1-1-06 Reverted to DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01 DFW 114-2004(Temp), f. & cert. ef. 11-23-04 thru 5-20-05 DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01 DFW 47-1999, f. & cert. ef. 6-16-99 DFW 49-1998, f. & cert. ef. 6-22-98 FWC 73-1997, f. & cert. ef. 12-29-97
635-075-0029 Tag Purchasing Requirements (1) The department will notify outfitters and guides of the drawing results by December 31 of each year. (2) On or before March 31 of each year Outfitters and Guides who are successful in the drawing must: (a) Submit to the department the names, addresses, and ODFW ID number of the nonresidents for whom tags are to be issued, if that information is available. (b) Tags purchased for unnamed clients are subject to the price and time limits set forth in OAR 635-075-0035 (3)(a) and (b). (c) Submit to the department all required fees. Outfitters and guides must submit all fees; they will not be accepted from nonresident applicants to whom the tags will be issued. The department shall not issue a tag to any person who does not have a valid nonresident Oregon hunting license. NOTE: Fees for Outfitter and Guides tags are described in ORS 497.112. No later than July 31 the department will issue all requested tags from the December drawing for which the outfitters and guides, and the nonresident applicants, have met requirements. Statutory/Other Authority: ORS 496.012, 496.138, 497.112 & 496.151 Statutes/Other Implemented: ORS 496.012, 496.138, 497.112 & 496.151 History: DFW 110-2023, amend filed 10/24/2023, effective 10/24/2023 DFW 138-2022, amend filed 09/30/2022, effective 09/30/2022 DFW 32-2020, temporary amend filed 03/24/2020, effective 03/24/2020 through 08/01/2020 DFW 16-2019, amend filed 02/04/2019, effective 02/04/2019 DFW 6-2006, f. & cert. ef. 1-25-06 DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05 DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04 Reverted to DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00 DFW 27-2003(Temp), f. & cert. ef. 3-28-03 thru 6-6-03 DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00 DFW 47-1999, f. & cert. ef. 6-16-99 DFW 49-1998, f. & cert. ef. 6-22-98 FWC 73-1997, f. & cert. ef. 12-29-97
635-075-0030 Tag Limitations (1) Tags issued in the above described allocation process are for nonresident hunters only. Outfitter and Guides and their immediate families (as described in OAR 635-045-0002) or their employees are not eligible to receive or use tags described in this allocation process for personal use, when that Outfitter and Guide made the original application. (2) Tags issued under this allocation process are valid only when the hunter is being guided by the Outfitter and Guide or their employee who made the original application as described above in an "Outfitter and Guide Hunt" as defined in 635-045-0002. (3) Tags shall not be transferred among Outfitter and Guides or among hunters and the Outfitter and Guide who drew the tag must have a federally issued special use permit for the area where they are guiding when guiding on federal land. (4) Tags issued to an Outfitter and Guide will be revoked if at any time the Marine Board revokes or denies a registration or certification. Refunds for tags will be issued to Outfitter and Guides only. (5) When the commission reduces allocated tags, refunds for tags only will be issued to Outfitter and Guides who were not selected in the reallocation process. Statutory/Other Authority: ORS 496.012, 496.138, 497.112 & 496.151 Statutes/Other Implemented: ORS 496.012, 496.138, 497.112 & 496.151 History: DFW 105-2025, amend filed 10/31/2025, effective 10/31/2025 DFW 16-2019, amend filed 02/04/2019, effective 02/04/2019 DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00 DFW 47-1999, f. & cert. ef. 6-16-99 FWC 73-1997, f. & cert. ef. 12-29-97
635-075-0035 Remaining Tags (1) Any remaining Outfitter and Guide tags not sold on or before March 31st will become available on a first-come, first-serve basis. The Department will publish a list of available tags two business days after March 31st. (2) First-come, first-serve tags will become available for purchase starting at 8:00 AM on the third business day after March 31st and ending at 5:00 PM on April 15th. Any applications received prior to 8:00 AM on the third business day after March 31st will not be accepted. (3) Up to five first-come, first-serve tags can be sold to outfitters and guides for unnamed clients. (a) The non-refundable tag fee for unnamed client tags is the same as stipulated for Guide Tag - Deer and Guide Tag - Elk in Oregon Revised Statue 497.061. (b) The deadline to identify a hunter for tags sold with unnamed clients is one week before the hunt begins. (4) An unlimited number of first-come, first-serve tags can be sold to an outfitter or guide when the client is identified. (5) Any unsold Outfitter and Guide Tags remaining after 5:00 PM on April 15th will be included in the June public controlled hunt drawing. Statutory/Other Authority: SB 247 (2015), ORS 496.012, 496.138 & 497.112 Statutes/Other Implemented: ORS 496.012, 496.138 & 497.112 History: DFW 107-2025, amend filed 11/25/2025, effective 12/01/2025 DFW 32-2020, temporary amend filed 03/24/2020, effective 03/24/2020 through 08/01/2020 DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019 DFW 169-2018, temporary amend filed 10/26/2018, effective 10/26/2018 through 04/23/2019 DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16 DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10 DFW 6-2006, f. & cert. ef. 1-25-06
635-075-0040 Participation in Guided Hunts (1) No person(s) shall compensate any individual(s) for outfitting and guiding services as defined in ORS 704.010(5) unless the individual receiving compensation is registered by the Oregon State Marine Board as an Outfitter and Guide as defined in ORS 704.010(4). This rule does not apply to any person who is authorized to enforce the wildlife laws and is conducting official business. (2) Except as provided in ORS 704.010, only a person who is registered by the Oregon State Marine Board to be an Outfitter and Guide may receive compensation for outfitting and guiding services. Statutory/Other Authority: ORS 496.012, ORS 496-138, ORS 497.112 & ORS 496.151 Statutes/Other Implemented: ORS 496.012, ORS 496-138, ORS 497.112 & ORS 496.151 History: DFW 16-2019, adopt filed 02/04/2019, effective 02/04/2019
635-078-0001 Emergency Hunt List (Commission Approval) After first determining that acute game mammal or wild turkey damage to agricultural or other resources is occurring and that an emergency exists requiring more than 50 hunters, temporary rules shall be adopted in accordance with ORS Chapter 183 establishing: (1) Open periods for taking game mammals or wild turkey in areas designated by the commission; (2) Manner of taking game mammals or wild turkey; (3) Numbers and sex to be taken. 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 131-2004, f. 12-21-04, cert. ef. 4-1-05 DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04 DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02 DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01 DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00 DFW 47-1999, f. & cert. ef. 6-16-99 DFW 1-1999, f. & cert. ef. 1-14-99 FWC 9-1997, f. & cert. ef. 2-27-97 FWC 5-1995, f. & cert. ef. 1-23-95 FWC 52-1992, f. & cert. ef. 7-15-92 FWC 35-1986, f. & ef. 8-7-86 FWC 7-1986, f. & ef. 2-19-86 FWC 34-1984, f. & ef. 7-24-84 Renumbered from 635-060-0800, FWC 23-1982, f. & ef. 4-1-82
635-078-0005 Emergency Hunt List (Director's Approval) (1) After determining that acute game mammal or wild turkey damage to agriculture or other resources is occurring, or that a positive wildlife disease detection requires additional sampling or population reductions, and that an emergency exists requiring an immediate response using no more than 50 hunters to alleviate the damage situation or address disease monitoring or management, the commission authorizes the director to issue permits and tags for taking pronghorn antelope, deer, elk, or wild turkey in designated areas from August 1 to March 31; and taking cougar (mountain lion) and black bear in designated areas all year. For any such hunt, the director shall specify: (a) The manner of taking game mammals or wild turkey. (b) Numbers and sex to be taken. (2) The director shall notify the commission of the results of any hunts set forth in section (1) of this rule. 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 80-2024, amend filed 09/16/2024, effective 09/16/2024 DFW 131-2004, f. 12-21-04, cert. ef. 4-1-05 DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04 DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01 DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00 DFW 1-1999, f. & cert. ef. 1-14-99 FWC 9-1997, f. & cert. ef. 2-27-97 FWC 52-1992, f. & cert. ef. 7-15-92 FWC 35-1986, f. & ef. 8-7-86 FWC 7-1986, f. & ef. 2-19-86 FWC 34-1984, f. & ef. 7-24-84