635-049-0245 Fencing Requirements — Type 1 Cervid License To prevent contact between captive and wild cervids and therefore protect wild cervids from disease and genetic risks, a cervid holding facility subject to a Type 1 license must meet the following requirements: (1) For new or transferred licenses: The facility must be double-fenced with wire mesh along its entire exterior perimeter boundary. (2) For each of the facilities licensed as of May 9, 2008: (a) If, at any time, the Department determines that the facility contains or contained a diseased cervid, the facility must be double fenced with wire mesh along its entire exterior perimeter boundary. A “diseased cervid” means a cervid infected with a disease listed on the Cervid Disease Surveillance List or a disease determined by the Department to pose a population health threat to Oregon's wild cervids. The licensee must comply with these fencing requirements within 30 days after receipt of the Department’s determination or (if the captive cervid herd has been eliminated because of the disease) before placing new cervids in the facility. (b) Until the Department determines that the facility contains or contained a diseased cervid, as provided in the foregoing paragraph (a), a facility must be at least single-fenced with wire mesh along the entire exterior perimeter boundary. (3) Wire mesh fences must extend at least eight feet above ground level for their entire length. The bottom six feet must be woven wire mesh with 6-inch vertical spacing and graduated horizontal spacing from 3-inch at the bottom to 8-inch at the top; constructed with either hinge or knotted joints; and at least 12-1/2 gauge woven wire, 14-1/2 gauge high-tensile woven wire, or nonclimbable chain link. If more than one width of fencing material is used to attain the full eight feet in height, it must be overlapped one row and securely fastened at every other vertical row or woven together with cable. If supplemental wire is used to attain a height of eight feet, it may be smooth, barbed, or woven wire (at least 12-1/2 gauge) with strands spaced not more than six inches apart. Electric fencing may be used only to supplement the fencing requirements described above. (4) Gates must be of a material that meets or exceeds the strength of the fence, and be equipped with two independent latching devices. (5) At a minimum, fence posts must: (a) Be either wood or metal. If wood, a corner post must be a minimum of 5 inches diameter at the small end and a line post must be a minimum of 4 inches at the small end. If metal, a post must be of"T" construction weighing at least 1.25 pounds per foot. (b) Extend at least eight feet above ground level and at least two feet below ground surface; (c) Be spaced no more than 16 feet apart. Wider spacing may be approved by the department for other posts and specific site conditions. Stays or supports must be placed between posts where necessary to maintain strength. (d) Be braced at all corners with metal or wood of sufficient strength to keep captive cervids securely contained and to prevent wild cervids from entering. (6) Where the facility includes a stream or other water body, the facility must provide cervid-proof swinging water gaps or stream crossings to prevent ingress and egress by cervids. Any such water gaps or crossings must be supported with steel cables and constructed to equal or exceed the standards of the fence. 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