justicedao/ipfs_state_laws huggingface dataset:
635-430-0410 Sale or Transfer of Exempted Riparian Lands The purchaser of any lands enrolled in the Riparian Lands Tax Incentive Program has 120 days after recording of the land sale to retain the property tax exemption or withdraw from the program without penalty. (1) To retain the riparian tax exemption, the new owner must: (a) Agree to management provisions in the previous owner’s riparian management plan by signing an identical plan, and sign a riparian management agreement consistent with the program; or (b) Submit an amended riparian management plan to the Department for review and approval pursuant to these rules and sign a riparian management agreement consistent with the program. (2) To withdraw from the riparian tax exemption program, the new owner must provide the county assessor with a notice of request for withdrawal in compliance with ORS 308A.365. Statutory/Other Authority: ORS 308A.383, 496.138 & 506.119 Statutes/Other Implemented: ORS 308A.350 - 308A.383 History: DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00, Renumbered from 635-009-0355 FWC 40-1982, f. & ef. 6-29-82
635-430-0430 Program Compatibility with Existing Laws or Ordinances for Riparian Lands Tax Incentive Program The Department’s approval of land use activities compatible with the Riparian Lands Tax Incentive Program does not exempt any proposed activity from state or federal law, or local ordinance. Statutory/Other Authority: ORS 308A.383, 496.138 & 506.119 Statutes/Other Implemented: ORS 308A.350 - 308A.383 History: DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00, Renumbered from 635-009-0360 FWC 40-1982, f. & ef. 6-29-82
635-435-0000 Purpose The purpose of these rules is to: (1) Clarify the requirements and restrictions for wildlife control activities, especially in incorporated city limits and associated urban development while promoting sound wildlife management; and (2) Provide a means for an agent to act on the behalf of a landowner or occupant to remove wildlife causing damage, posing a public health threat or creating a public nuisance, as defined in ORS 498.012. Statutory/Other Authority: ORS Ch., 496.012, 496.138, 496.146, 496.162, 497.308, 498.012 & 498.052 Statutes/Other Implemented: ORS Ch. 496.012, 496.138, 496.146, 496.162, 497.308, 498.012 & 498.052 History: DFW 162-2015, f. & cert. ef. 12-9-15 Reverted to DFW 25-2012, f. & cert. ef. 3-16-12 DFW 126-2014(Temp), f. & cert. ef. 8-29-14 thru 2-25-15 DFW 25-2012, f. & cert. ef. 3-16-12 DFW 117-2006, f. & cert. ef. 10-16-06
635-435-0020 Wildlife Control Operator Permit Required to be in Possession (1) Individuals or employees of businesses holding a WCO Permit must have the permit or a copy, in possession while conducting wildlife control activities and make the permit available for inspection upon request by any Department employee or any person authorized to enforce wildlife laws. (2) Individuals or businesses holding a permit must obtain and have in possession any other federal, state, or local permits that may be required. 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 162-2015, f. & cert. ef. 12-9-15 DFW 117-2006, f. & cert. ef. 10-16-06
635-435-0025 Disposition of Wildlife (1) All wildlife captured, held, or transported under a WCO Permit remains the property of the State of Oregon and cannot be sold, traded, bartered, or exchanged except as allowed by OAR Chapter 635 Division 200. (2) Wildlife captured, held, or transported under the terms of the WCO permit shall not be intentionally displayed for public exhibit. (3) Cage traps or restraining traps shall be inspected for capture success at a minimum of once every 48 hours. The local Department district biologist will consider extenuating circumstances to extend check time on a case by case basis upon contact from the WCO. Killing traps or traps set for predatory animals as defined in ORS 610.002 must be checked within the time periods specified in OAR Chapter 635, Division 50. The inspection and removal of any captured animal shall be done by the person who set the trap or the owner of the land where the trap is set, or designee of either. (4) WCO’s must conduct one of the following within 24 hours of notification of possession of wildlife: (a) Humanely euthanize the animal(s) in a manner consistent with the “AVMA Guidelines for Euthanasia of Animals: 2020 Edition;” or (b) Release animal on site; or (c) Relocate the animal (with prior approval from the Department). (5) Wildlife held, relocated, or used for attracting offspring must be supplied with fresh drinking water within a period of 4 hours of possession and must be provided access to clean drinking water at reasonable intervals, not to exceed 8 hours between water replenishment. (6) A WCO capturing wildlife must make reasonable efforts to locate and capture dependent neonatal offspring. Lactating female wildlife and dependent neonates(s) may be kept in possession up to 72 hours or longer as approved by the Department. (7) Wildlife indicating symptoms of disease must be humanely euthanized consistent with ORS 498.016, or handled as directed by local Department district biologist or Department veterinarian. (8) A WCO must humanely euthanize prohibited species as identified in the Wildlife Integrity Rules (OAR 635-056-0050). (9) A WCO may sell, purchase or exchange the pelt, or any part thereof, of any legally taken furbearing or unprotected mammal as allowed by OAR 635-050-0045(3). (10) A WCO must salvage edible wild turkey carcasses according to 635-002-0005. A property owner or legal occupant cannot directly receive any part of a wild turkey removed from their property. Statutory/Other Authority: ORS Ch. 496.012, 496.138, 496.146 & 496.162 Statutes/Other Implemented: ORS Ch. 496.012, 496.138, 496.146 & 496.162 History: DFW 55-2024, amend filed 06/28/2024, effective 07/01/2024 DFW 139-2020, amend filed 10/12/2020, effective 10/12/2020 DFW 36-2020, temporary amend filed 03/30/2020, effective 03/31/2020 through 09/26/2020 DFW 162-2015, f. & cert. ef. 12-9-15 DFW 25-2012, f. & cert. ef. 3-16-12 DFW 117-2006, f. & cert. ef. 10-16-06
635-435-0040 Transportation of Wildlife (1) Live wildlife may only be transported with a transport permit issued by the Department or a WCO permit. (2) Permittees are authorized to transport permitted live wildlife for: (a) Humane euthanasia of the captured animal; or (b) Transport wildlife specified in 635-435-0010 (4) to a licensed Oregon Wildlife Rehabilitator; or (c) Relocation to suitable release habitat with prior approval of the Department. (3) WCOs may transport wildlife carcasses in their usual course of business for disposal by burying, placement in a landfill, rendering, incineration or as directed by the Department, or for use of wildlife parts in compliance with OAR 635 Division 200. (4) Permittees must provide all live wildlife with humane care during transport. (5) When transporting live wildlife in a vehicle: (a) The vehicles transport area must have access to free-flowing fresh air without injurious exhaust fumes. (b) Wildlife must have adequate protection from extreme weather conditions and temperature that would result in hypo- or hyperthermia of the animals or conditions that could lead to illness or death. (c) The cage or enclosure must be of sufficient strength to hold wildlife securely during transportation and to prevent escape. (d) The interior of the cage must be in good working condition: free of defects, sharp points, objects or edges that could injure the transported wildlife. (e) Cages must be of sufficient size to assure the safety of the transported wildlife and WCO. (f) Holding cage must be large enough to ensure that each individual has sufficient space to turn, stand, and lay naturally. Skunks may be held in a cage that limits its ability to spray the WCO. (g) No more than one animal will be transported in the same cage or enclosure unless they are of the same species, accepting of a cage-mate and were captured together in the same trap or capture device. (h) A visual barrier must be placed between aggressive individuals or animals considered predators and prey to reduce stress during possession and transport. (i) Caged wildlife must be separated by sufficient distance or shall have a physical divider placed between them to prevent injury or physical contact between caged occupants. (j) Caged wildlife must not be stacked unless each cage is fitted with a floor or barrier preventing excretions or body parts from entering lower cages or enclosures. Statutory/Other Authority: ORS Ch. 496.012, 496.138, 496.146 & 496.162 Statutes/Other Implemented: ORS Ch. 496.012, 496.138, 496.146 & 496.162 History: DFW 162-2015, f. & cert. ef. 12-9-15 DFW 25-2012, f. & cert. ef. 3-16-12 DFW 117-2006, f. & cert. ef. 10-16-06
635-435-0045 Equipment Subject to Inspection Any Law Enforcement officer or Department representative may inspect a permittee’s traps, cages, enclosures, or other equipment in use for capturing, possession, transporting or relocating wildlife; or any wildlife held in such equipment or otherwise in possession; or wildlife control records. Nothing in these rules is intended to authorize or allow the warrantless search or inspection of a permit holder’s residence. 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 162-2015, f. & cert. ef. 12-9-15 DFW 117-2006, f. & cert. ef. 10-16-06
635-435-0050 Trap Tampering Prohibited (1) Any trap or capture device used by a permittee must be legibly marked or branded with either the individual or owner’s business name and phone number, or the owner’s furtaker license (brand) number or WCO number that has been assigned by the Department. (2) It is unlawful to move or tamper with any trap or capture device set by a WCO or to remove wildlife from such a trap or capture device without written authorization of the WCO. 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 139-2020, amend filed 10/12/2020, effective 10/12/2020 DFW 162-2015, f. & cert. ef. 12-9-15 DFW 117-2006, f. & cert. ef. 10-16-06
635-435-0055 Record Keeping and Reporting Requirements (1) Landowner or occupier of premises must sign an affidavit of damage designating the permitted WCO as their agent to address damage caused by any wildlife. The permittee must retain affidavits for one year. (2) A complete record of the WCO activities must be maintained by permit holder on a WCO bi-annual report form provided by the Department for all wildlife captured on a WCO permit. (3) Each permittee must submit a report of WCO activity in a legible document twice per year, by July 31 and January 31, to the Department. Permittees must submit reports even if no wildlife control activity has occurred. 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 55-2024, amend filed 06/28/2024, effective 07/01/2024 DFW 139-2020, amend filed 10/12/2020, effective 10/12/2020 DFW 162-2015, f. & cert. ef. 12-9-15 DFW 117-2006, f. & cert. ef. 10-16-06
635-435-0060 Cancellation or Non-Renewal of Permit (1) Failure to comply with the record keeping, reporting, or other requirements of the WCO Permit may lead to cancellation or denial of renewal of the permit. (2) The Department may revoke or deny issuance of a WCO Permit if listed employees were, convicted of, or admits to, a violation of a wildlife law (under the Interstate Wildlife Violators Compact), or rule, or permit issued under the wildlife laws within the previous five years. (3) A WCO permittee that has been notified that the permit will be cancelled or denied renewal may petition the Department for a contested case hearing. The request for a contested case hearing on a proposed cancellation must be received by the Department within 21 days after service of notice (90 days for emergency cancellations). The request for hearing on a proposed non-renewal must be received by the Department within 60 days of notice. Final Orders in contested case hearings shall be issued by the Department Director. 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 162-2015, f. & cert. ef. 12-9-15 DFW 25-2012, f. & cert. ef. 3-16-12 DFW 117-2006, f. & cert. ef. 10-16-06
635-440-0001 Definitions For the purposes of administrative rules found in Division 440 the following definitions apply: (1) “Economic Harm” means the reduction, unrelated to environmental and market variability or personal circumstances, in the annual income of an individual who holds a vessel permit issued pursuant to ORS 508.775 to ORS 508.796 from fishing under the permit that is due to Columbia River fish management and reform adopted by rule of the commission. (2) “Fund” means the Columbia River Fisheries Transition Fund. (3) “County Program” means an established Columbia River fisheries transition program by an Oregon county. (4) “Permit” means a Columbia River vessel permit as defined in ORS 508.775 to 508.796 (5) “Eligible Applicants” means county governments that have established an advisory committee and otherwise met the requirements listed in OAR 635-440-0010 and are prepared to assess applications from persons who apply for Columbia River Fisheries Transition funds from the county. Statutory/Other Authority: ORS 509.230 Statutes/Other Implemented: ORS 508.775 - 508.796 History: DFW 160-2014, f. & cert. ef. 12-8-14
635-440-0005 Purpose The purpose of these rules is to provide criteria and procedures for implementation and administration of the Columbia River Fisheries Transition Program. Funds will be granted to qualified county programs for: (1) Compensation to individuals who hold a valid permit and who provide documentation of economic harm; (2) Financial assistance to individuals who hold a valid permit and who demonstrate a history of recent landings under a permit, to help offset the cost to those individuals of fishing equipment required as a result of fishing gear changes caused by restrictions related to Columbia River fish management and reform adopted by rule of the Commission. Statutory/Other Authority: ORS 509.230 Statutes/Other Implemented: ORS 508.775 - 508.796 History: DFW 160-2014, f. & cert. ef. 12-8-14
635-440-0010 Standards to Determine Grant Award Eligibility (1) The Department may approve a county program that meets the stated purpose of this rule and contains the elements specified in this section. (2) Grants are subject to available funding in the Columbia River Transition Fund. A county may qualify for funds if a county has a program that meets the following requirements: (a) A county must establish a county advisory committee to oversee the county program. (b) Advisory committee membership shall include at a minimum: (A) One county commissioner; (B) Two members who own or manage a permit or who have expertise related to commercial fisheries; and (C) Two members who are not employed in the commercial fishing industry and who represent the public interest in the equitable administration of public funds. (c) A county must establish a procedure by which permit owners who have experienced economic harm shall be given funds received under the county program. (d) A county program must require that an advisory committee must establish compensation rates for economic harm that are based on fair market value. (e) A county program must establish eligibility requirements for compensation that ensures, that the person did experience legitimate economic harm. (f) The county will be reimbursed an amount of money, approved by the Oregon Department of Fish and Wildlife, to cover the allowable expenditures necessary to implement the county program during the calendar year. Allowable expenditures are: (A) Establishing a county advisory committee. (B) Establishing a procedure by which persons applying for compensation will provide sufficient evidence of economic harm. (C) Establishing a procedure by which persons applying for financial assistance for economic hardship provide an estimate of the potential cost. (D) Distributing grant program funds. (E) Preparation of an annual report to the Department. Statutory/Other Authority: ORS 509.230 Statutes/Other Implemented: ORS 508.775 - 508.796 History: DFW 160-2014, f. & cert. ef. 12-8-14
635-440-0015 Distribution of Funds by County Funds received by a county program from the Department may only be used to reimburse the following expenses or losses: (1) Compensation to permit holders for documented economic harm (2) Compensation to permit holders for gear changes. (3) Compensation to the county for allowable expenditures necessary to implement the county program during the calendar year. Statutory/Other Authority: ORS 509.230 Statutes/Other Implemented: ORS 508.775 - 508.796 History: DFW 160-2014, f. & cert. ef. 12-8-14
635-440-0020 Grant Application Procedures (1) Grant application forms will be made available and distributed by the Department on request by a county. (2) Each county shall submit its proposal for funding on the Department’s application form, including attachments as necessary. (3) Applications for funds for a calendar year shall be submitted to the Department by March 1 of the following year. Late submissions may be accepted at the discretion of the Department. (4) Grant applications may only be made for the purposes outlined in OAR 635-440-0015. Statutory/Other Authority: ORS 509.230 Statutes/Other Implemented: ORS 508.775 - 508.796 History: DFW 160-2014, f. & cert. ef. 12-8-14
635-440-0025 Grant Application Review (1) The Department will review county grant applications to evaluate the reasonableness of the amount of money requested. The Department may use formulas it may derive for allocating available funds equitably among grant requests by multiple qualifying county programs. (2) The Department will review each application for completeness, accuracy, and consistency with these rules. Incomplete applications may be returned for correction or completion. Applications not meeting the standards established in these rules may be denied. If an application is denied, the Department will identify standards necessary for approval of a future grant application. Statutory/Other Authority: ORS 509.230 Statutes/Other Implemented: ORS 508.775 - 508.796 History: DFW 160-2014, f. & cert. ef. 12-8-14
635-440-0030 Grant Awards After reviewing a county application, the Department will make one of the following decisions for each county’s grant request. (1) Approval of grant award for the full amount requested; (2) Approval of grant award of partial amount requested. (3) Deferral of request for further consideration based upon submission of additional information; (4) Denial of request. Statutory/Other Authority: ORS 509.230 Statutes/Other Implemented: ORS 508.775 - 508.796 History: DFW 160-2014, f. & cert. ef. 12-8-14
635-440-0035 Grant Administration The Department and county shall enter into a grant agreement by January 1 of each year that includes but is not limited to the following: (1) A detailed description of the county program and a description of the work elements for which grant funding is received. This description shall include description of the criteria to be used for assessing eligibility of permit holders, relevant advisory committee bylaws, and other procedures by which the county will manage the compensation program. (2) A payment schedule as determined by the Department. (3) A condition requiring the participating county to prepare an annual report that specifies the actions taken, compensation paid and financial assistance provided under the grant. This report will be due to the Department on June 1 of each year following an awarded grant. (4) A condition allowing the Department to withhold the relevant payment pending resolution of the identified deficiencies in grant administration or in the event the Department finds a report unsatisfactory. (5) A condition allowing termination of the grant agreement if a county is consistently unable to meet requirements as identified in the grant or as consistent with law. (6) A condition requiring counties to maintain any and all records necessary for the Department to audit and review the county program. (7) A condition specifying that grantees and the Department may amend timelines specified in the grant agreement provided such amendments are in writing and are mutually agreed to. (8) A condition specifying that unexpended grant funds not used by the county must be returned to the Department for re-deposit in the Transition Fund. Statutory/Other Authority: ORS 509.230 Statutes/Other Implemented: ORS 508.775 - 508.796 History: DFW 160-2014, f. & cert. ef. 12-8-14
635-500-0002 Purpose The administrative rules contained in this division are the legally enforceable elements of fish management plans. Fish management plans are comprehensive documents which the Department regards both as a means to implement policy and as an explanation of the intent and rationale of management direction. Plans contain factual background material, statements of the rationale for selection of objectives, strategies to be applied to attain objectives, and statements of general priorities for various actions. Copies of all plans are available from the Department. Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 History: FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-0010 Steelhead Management Policy These rules are established to guide management and conservation of steelhead (Oncorhynchus mykiss) in Oregon. It is the policy of the State of Oregon that steelhead be managed as a game fish. This management plan fulfills OAR 635-007-0515 which states resources of the state shall be managed according to management plans. Additional guidance is provided by Fish Management Goals (635-007-0510), Natural Production Policy (635-007-0521 through 635-007-0524), Wild Fish Management Policy (635-007-0525 through 635-007-0535), Wild Fish Gene Resource Conservation Policy (635-007-0536 through 635-007-0538) and Hatchery Fish Gene Resource Management Policy (635-007-0540 through 635-007-0541). Statutory/Other Authority: ORS 496.012, 496.435, 506.036 & 506.109 Statutes/Other Implemented: ORS 496.012, 496.435, 506.036 & 506.109 History: FWC 37-1995, f. 5-3-95, cert. ef. 5-5-95 FWC 55-1986, f. & ef. 9-9-86 FWC 34-1986, f. & ef. 8-7-86
635-500-0015 Steelhead Habitat Protection Policy The Department recognizes that attrition and degradation of habitat is a serious threat to maintenance of healthy and diversified populations of steelhead. Implementation of state and federal laws for conservation of fish habitat, including those contained in the Wildlife and Commercial Fishing Codes, is essential to sustaining a strong habitat base. Therefore, consistent with OAR 635-007-0515(6), the Department will maintain or enhance the total total capacity of habitats supporting steelhead trout in Oregon by cooperating fully with other agencies to implement laws and develop coordinated resource management programs. The Department will also work with private organizations and individuals to achieve, where possible, mutually satisfactory solutions to conflicts between the objectives of other parties and this policy. Statutory/Other Authority: ORS 496 Statutes/Other Implemented: ORS 496 History: FWC 55-1986, f. & ef. 9-9-86 FWC 34-1986, f. & ef. 8-7-86