justicedao/ipfs_state_laws huggingface dataset:
635-200-0020 Furbearing and Unprotected Mammals Generally (1) Any person may sell, purchase or exchange the pelt, carcass or any part thereof, of any legally taken furbearing or unprotected mammal as allowed by OAR 635 division 50. (2) Any person may purchase unprocessed furbearing or unprotected mammal pelts, provided that such pelts are purchased from the furtaker who took the furbearer and that the pelts are purchased for personal use and not for resale. For any furbearer pelt purchased under this section, the purchaser must retain a record of the furtaker's brand. (3) Any licensed fur dealer may sell, purchase or exchange unprocessed furbearer pelts pursuant to OAR 635-200-0030. (4) Any person may sell, purchase, or exchange unprocessed unprotected mammal pelts. (5) Any person may sell, purchase, or exchange processed furbearing or unprotected mammal pelts, carcasses and parts thereof. (6) A licensed furtaker may sell or exchange, and any person may purchase, road-killed furbearers or unprotected mammals, provided that: (a) The road kill is taken by a licensed furtaker during an authorized season for hunting or trapping the species, and (b) The sale is made by the licensed furtaker who took the road kill. (7) No person may sell a bobcat (Lynx rufus) or river otter (Lutra canadensis) pelt without the appropriate year's ownership tag as required in OAR 635 division 050. (8) No person may sell raw bobcat or river otter pelts taken before September 1, 1982 unless they were metal-sealed by the Oregon State Police or the department before that date as required in OAR 635 division 50. (9) Any person may sell, purchase, or exchange the carcass or parts of black-tailed jackrabbits (Lepus californicus), white-tailed jackrabbits (Lepus townsendii) or any tree squirrel (except western gray squirrel (Sciurus griseus) or northern flying squirrel (Glaucomys sabrinus)), provided that the animal was lawfully taken and the carcass or parts were lawfully obtained outside Oregon, as documented by appropriate regulatory agency, business or other reliable records. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042 History: DFW 73-2016, f. & cert. ef. 6-13-16 DFW 96-1998, f. & cert. ef. 11-25-98
635-200-0040 Certain Extant Furbearer and Other Species Lawfully Obtained Out of State (1) Any person may purchase, sell, or exchange the carcass or parts of the following species, provided that the animal was lawfully taken and the carcass or parts were lawfully obtained outside Oregon, as documented by appropriate regulatory agency, business or other reliable records: (a) Lynx (Lynx lynx); (b) Wolverine (Gulo gulo); (c) Wolf (Canis lupis); (d) Fisher (Martes pennanti); (e) Kit fox (Vulpes velox); (f) Ringtail (Bassariscus astutus). (2) For those of the above species that are subject to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the documentation required by this rule is the tag required by CITES for each individual raw pelt only as of November 1998. Statutory/Other Authority: 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042 Statutes/Other Implemented: 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042 History: DFW 64-2014, f. & cert. ef. 6-11-14 DFW 96-1998, f. & cert. ef. 11-25-98
635-200-0060 Fallow Deer, Reindeer, and Sika Deer (1) Any person may sell, purchase or exchange the meat, antlers, or other parts of a fallow Deer (Dama dama), reindeer (Rangifer tarandus) or sika deer (Cervus nippon). (2) Any person may sell, purchase or exchange the meat, antlers, or other parts of any other nonnative cervid. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042 History: Reverted to DFW 96-1998, f. & cert. ef. 11-25-98 DFW 127-2002(Temp), f. & cert. ef. 11-14-02 thru 2-11-03 DFW 114-2002(Temp), f. & cert. ef. 10-18-02 thru 2-11-03 DFW 90-2002(Temp), f. & cert. ef. 8-16-02 thru 2-11-03 DFW 96-1998, f. & cert. ef. 11-25-98
635-200-0070 Moose Any person may sell, purchase, or exchange the following parts of moose (Alces alces): (1) The hide; (2) Any bone or other part of the skeletal structure, except the skull; and (3) Antlers (if detached from the skull, if skull is split apart between antlers or if antlers are naturally shed). Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042 History: Reverted to DFW 96-1998, f. & cert. ef. 11-25-98 DFW 127-2002(Temp), f. & cert. ef. 11-14-02 thru 2-11-03 DFW 114-2002(Temp), f. & cert. ef. 10-18-02 thru 2-11-03 DFW 90-2002(Temp), f. & cert. ef. 8-16-02 thru 2-11-03 DFW 96-1998, f. & cert. ef. 11-25-98
635-200-0080 Wildlife Not Native to Oregon (1) Except as provided in ORS 498.022 and this rule, any person may sell, purchase or exchange the parts of any species other than those species listed in Appendix 5 ("Extant, Self-Sustaining Oregon Vertebrates by Physiographic Provinces, Selected Community Types and Selected Habitat Components") of the Oregon Wildlife Diversity Plan 1993-1998 (November 1993). (2) Any person may sell, purchase, or exchange the inedible parts of bullfrogs ( Rana catesbeiana ). (3) The sale, purchase, or exchange of nonnative cervid parts is governed by section 60 of this rule. (4) Except as provided in ORS 498.022, this rule, or other rules of the commission, no person may purchase, sell, offer for sale, or possess with the intent to sell any “covered animal species” part or product. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042 History: DFW 152-2017, amend filed 12/19/2017, effective 01/01/2018 DFW 90-2017(Temp), f. & cert. ef. 7-14-17 thru 12-31-17 DFW 96-1998, f. & cert. ef. 11-25-98
635-200-0090 Sale of Meat (1) Any person may sell or purchase food items prepared with the meat of game birds (except migratory waterfowl), game mammals or fish donated as part of: (a) Fund raisers held by trapping, hunting or fishing organizations, or churches, schools and other nonprofit charitable organizations, provided that the wildlife was not taken under a damage control permit; or (b) Charitable use by churches, schools and other nonprofit charitable organizations. (2) The exception provided in subsection (1) does not allow the sale of raw meat. (3) Any person may sell or purchase the meat and by-products of domesticated elk (as defined by ORS 174.106) raised pursuant to a cervid license issued by the Fish and Wildlife Commission, provided that: (a) The slaughter and processing is conducted in an official exotic animal establishment inspected and certified by the U.S. Department of Agriculture; and (b) The elk is slaughtered, processed and sold in compliance with the rules of the Oregon Department of Agriculture. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042 History: DFW 39-2008, f. & cert. ef. 4-24-08 DFW 138-2007(Temp), f. & cert. ef. 12-31-07 thru 5-29-08 DFW 35-2002, f. & cert. ef. 4-18-02 DFW 96-1998, f. & cert. ef. 11-25-98
635-200-0100 Birds (1) Concerning gallinaceous birds (pheasants, turkeys, quail, and grouse): (a) Any person may sell, purchase or exchange the carcass, meat or parts of propagated birds; and (b) Sell, purchase or exchange parts, but not the meat, of wild birds; (c) This exception does not apply to the sale, purchase, or exchange of the parts or meat of wild sharptailed grouse (Tympanuchus phasianellus), sage grouse (Centrocercus urophasianus), and spruce grouse (Dendragapus canadensis). (2) Any person may sell, purchase or exchange the feathers of migratory waterfowl (ducks, geese, brant and swans) to be used in making fishing flies, bed pillows and mattresses and similar commercial use, provided that: (a) Such feathers were obtained from birds killed by lawful hunting or seized and condemned by Federal or State game authorities; and (b) “Similar commercial use” does not include millinery or ornamental use. (3) Any person may sell, purchase, or exchange the carcasses or parts of starlings (Sturnus vulgaris) and English Sparrows (Passer domesticus). (4) Any person may sell, purchase or exchange the carcasses or parts of captive-reared waterfowl to the extent allowed by the rules of the U.S. Fish and Wildlife Service implementing the federal Migratory Bird Act, ORS 40 CFR (Code of Federal Regulations) 21.13 and 21.14 in effect as of November 1998. (5) Any person may sell, purchase or exchange raptor “pellets,” regurgitated masses that typically contain bones, skulls, and teeth of prey (mammals, birds, reptiles, or amphibians). Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042 History: DFW 96-1998, f. & cert. ef. 11-25-98
635-200-0110 Rendering Any person may sell, purchase, or exchange the fats, oils, and similar end products of the process of rendering wildlife carcasses or parts. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042 History: DFW 96-1998, f. & cert. ef. 11-25-98
635-200-0120 Taxidermy Mounts (1) A game mammal taxidermy mount acquired from an Oregon resident 65 years of age or older and legally harvested by the same individual, or acquired from an Oregon decedent by survivorship or any form of succession, may be sold by the person 65 or older, or the decedent's survivor or successor, to any person, provided that the seller first obtains a registration permit from the department. (2) A registration permit requires a $25.00 non-refundable permit administration fee which covers processing of up to five taxidermy mounts, and a processing fee of an additional $5.00 for each additional mounted game mammal. (3) To obtain a permit if the seller acquired the mount(s) by survivorship or any form of succession, he or she must provide the department with: (a) An Oregon death certificate for the decedent; (b) For mounts of game mammals harvested before January 1, 2017, an affidavit by the seller stating that (to the best of the seller's knowledge) the decedent legally harvested the game mammal and describing how the seller legally acquired the mount by survivorship or succession; and (c) For mounts of game mammals harvested on or after January 1, 2017, a properly validated tag which the decedent used to document legal harvest of the game mammal. (4) To obtain a permit if the seller is an Oregon resident 65 years of age or older, he or she must provide the department with: (a) For mounts of game mammals harvested before January 1, 2017, a properly validated tag issued to the seller, or an affidavit by the seller stating that the seller legally harvested the game mammal; and (b) For mounts of game mammals harvested on or after January 1, 2017, a properly validated tag issued to the seller to document legal harvest of the game mammal. (5) Upon compliance with the requirements of subsection (2), the department shall register the mount and affix a permanent identification number. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042 Statutes/Other Implemented: : ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042 History: DFW 73-2016, f. & cert. ef. 6-13-16 DFW 96-1998, f. & cert. ef. 11-25-98
635-200-0130 Sale, Purchase, or Exchange of Feathers Any person may sell, purchase, or exchange lawfully obtained feathers of: (1) Bird species other than those listed in Appendix 5 (“Extant, Self-sustaining Oregon Vertebrates by Physiographic Provinces, Selected Community Types and Selected Habitat Components” of the Oregon Wildlife Diversity Plan 1993–1998 — November 1993); (2) Propagated and wild gallinaceous birds, except sharp-tailed grouse (Tympanuchus phasianellus), sage grouse (Centrocercus urophasianus), and spruce grouse (Dendragapus canadensis); (3) Migratory waterfowl, for the making of fishing flies, bed pillows and mattresses, and similar commercial use, provided that such feathers were obtained from birds killed by lawful hunting or seized and condemned by federal or state game authorities. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042 History: DFW 96-1998, f. & cert. ef. 11-25-98
635-200-0140 Confiscation, Disposal, or Cancellation or Non-Renewal of Authorization to Possess Parts or Products from Covered Animal Species (1) Each violation of ORS 498.022(2) may result in confiscation or required disposal of the covered animal species part or product as directed by the Department, and imposition of a civil penalty not to exceed $6,500 or an amount equal to two times the total value of the covered animal species part or product, whichever is higher. (2) The Department shall provide notice of its intent to confiscate or require disposal of a covered animal species part or product and of its intent to impose a civil penalty in the form provided in ORS 183.415. (3) The person to whom the notice is addressed shall have 20 days from the date of service of the notice in which to make written application for a contested case hearing. If no application for a hearing is made within the time allowed, the Department may issue a final order. (4) Final orders will be issued by the Director. (5) Any civil penalty imposed pursuant to ORS 498.022 and this rule shall be payable to the Department. Statutory/Other Authority: 496.012, 496.138, 496.146, 496.675, 497.238, 497.308, 497.318 & 496.665 Statutes/Other Implemented: 496.012, 496.138, 496.146, 496.675, 497.238, 497.308, 497.318 & 496.665 History: DFW 152-2017, adopt filed 12/19/2017, effective 01/01/2018 DFW 90-2017(Temp), f. & cert. ef. 7-14-17 thru 12-31-17
635-300-0001 Elkhorn Wildlife Area Program (1) The Commission approves the preferred alternative "A” identified in the Public Review Draft of the Elkhorn Wildlife Area program distributed on May 20, 1986. Approval of this alternative authorizes Department purchase, easement or lease of private properties in order to continue operation of the existing Elkhorn Wildlife Area Program. The Commission also approves documentation presented in the Public Review Draft of the Elkhorn Wildlife Area program and documents attached thereto and the July 7, 1986 Statewide Goal Compliance and Local Land Use Plan Compatibility Report issued by and available from the Department of Fish and Wildlife at its Salem headquarters office. (2) The Commission finds that: (a) Continuation of the current Elkhorn Wildlife Area program will reduce big game damage to agricultural and forest uses by providing alternative feed sources at specific locations under controlled and timely circumstances; (b) The program will enable numbers of big game to be maintained at a level providing optimal hunting and other recreational opportunities; (c) Equitable and orderly enjoyment of wildlife will be enhanced by the public access to be made available on the lands or interest therein acquired for the feeding program; and (d) The benefits of continuing the existing program exceed costs of reducing or discontinuing the program by assuring the economic contribution of recreational hunting to the state and local economy while reducing or eliminating big game damage. Statutory/Other Authority: ORS 496 Statutes/Other Implemented: ORS 496 History: DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04 FWC 44-1986, f. & ef. 8-19-86
635-300-0005 Goals and Objectives The goals and objectives of the Elkhorn Wildlife Area Program are: (1) To mitigate the loss of traditional big game winter range areas along the north, west and south portions of the Powder River Valley through habitat management and a supplemental feeding program. (2) To provide supplemental or subsistence feed for wintering elk and deer to alleviate damage to private lands. (3) To provide habitat for big game animals and other wildlife indigenous to the area. (4) To provide hunting and other wildlife oriented recreation opportunities for the general public. Statutory/Other Authority: ORS 496 Statutes/Other Implemented: ORS 496 History: FWC 44-1986, f. & ef. 8-19-86
635-300-0010 Implementation of Policies Implementation of the Elkhorn Wildlife Area Program entails the following actions: (1) Purchase, easement or long-term lease of the five privately owned sites presently used for feeding or comparable sites in the same vicinity. Purchases of the Roth property at Hunt Mountain and the Alpine Veneer property at Muddy Creek shall receive immediate priority. (2) Maintain habitat developments and damage control activities at levels necessary to complement the feeding program to assure damage is controlled to the maximum extent possible. (3) Limit the number of wintering elk fed to a maximum of 1,400 elk in the Elkhorn region in order to continue and maintain the current operation. The number of deer to be fed is not specifically limited. (4) The Elkhorn region is defined as that area east of the crest of the Elkhorn Mountains, west of Interstate 84, north of Township 11 South, W.M. and south of Township 4 South, W.M. The Elkhorn Wildlife Area is defined as the areas in that region owned by, leased to or under easement to the Department where specific site(s) are used for feeding. (5) Annually test big game animals to determine whether disease problems exist at feeding stations. (6) Develop and submit, for approval by Baker and/or Union Counties, those applications that may be required by each county’s respective acknowledged land use plan and zoning ordinance to allow big game feeding stations. Applications will address the specific local land use approval standards acknowledged by the Land Conservation and Development Commission. Such standards may include but may not be limited to: Anticipated or needed programs for green forage; need for elk proof fencing; the location of roads and barns; etc. (7) The Elkhorn Wildlife Area Plan shall specifically accept and address future programs approved by the Fish and Wildlife Commission (including those recommended by the Wildlife Damage Task Force) that reduce or alleviate game damage at any season. Statutory/Other Authority: ORS 496 Statutes/Other Implemented: ORS 496 History: FWC 44-1986, f. & ef. 8-19-86
635-300-0015 Delegation of Authority The Director is specifically authorized to approve purchase, easement or long-term lease of properties from willing sellers for amounts not less than the fair market value and not more than the fair market value plus ten percent based on a current appraisal made pursuant to applicable federal law. (Public Law 91-646, Uniform Relocation and Real Property Acquisition Act, Final Rules, Federal Register Vol. 51 No. 39; page 7026 dated February 27, 1986 Subpart B (Real Property Acquisition) S. 102(d) Establishment and Offer of Just Compensation and (i) Administrative Settlement.) Statutory/Other Authority: ORS 496 Statutes/Other Implemented: ORS 496 History: FWC 44-1986, f. & ef. 8-19-86
635-400-0000 Purpose (1) These rules set the policy, procedures, criteria, standards, including flow methodologies, and definitions for instream water right applications by the Department of Fish and Wildlife to the Water Resources Department. Instream water rights provide for protection of public uses as defined in OAR 635-400-0010. These rules provide for the Department of Fish and Wildlife to apply for instream water rights for the conservation, maintenance and enhancement of aquatic and fish life, wildlife, and fish and wildlife habitat. The rules set out: the internal procedures for application for and coordination of instream water rights, the criteria and standards for prioritizing waterways for application, the methodologies to be used in determining flow requirements and water surface elevations needed for the public uses, and the process assisting with transfers of regular water rights to instream water rights. (2) In 1987, the Legislature created a new type of water right called an instream water right. Instream water rights are established by certificate from the Water Resources Commission, pursuant to ORS 537.332 to 537.360, to maintain and support public uses within natural water bodies. The instream water right is held in trust by the Water Resources Department but is regulated and enforced like all other water rights. The Water Resources Department’s procedures for establishing instream water rights are OAR 690-077-0000 through 690-077-0100. The Department of Fish and Wildlife may apply for instream water rights on any waters of the state that meet the definition set out in ORS 537.332(1) and that provide for one or more of the public uses for which the Department is allowed to apply. Instream water rights allow the Department of Fish and Wildlife to manage fish and wildlife to provide the optimum recreational and aesthetic benefits for present and future generations of the citizens of this state. Statutory/Other Authority: ORS 496 & 537 Statutes/Other Implemented: ORS 496 & 537 History: FWC 110-1989, f. 10-24-89, cert. ef. 10-28-89
635-400-0005 Policy It is the policy of the Oregon Fish and Wildlife Commission to apply for instream water rights on waterways of the state to conserve, maintain and enhance aquatic and fish life, wildlife, and fish and wildlife habitat to provide optimum recreational and aesthetic benefits for present and future generations of the citizens of this state. The long-term goal of this policy shall be to obtain an instream water right on every waterway exhibiting fish and wildlife values. Statutory/Other Authority: ORS 496 & 537 Statutes/Other Implemented: ORS 496 & 537 History: FWC 110-1989, f. 10-24-89, cert. ef. 10-28-89
635-400-0025 Responsibilities to WRD The Department shall coordinate with WRD on prioritizing instream water rights for monitoring of flows: (1) The Department shall coordinate with WRD Watermasters to develop monitoring plans for instream water rights. Monitoring plans may include: (a) Locations and methods of instream flow measurement. The downstream end of each instream water right reach shall be considered the best flow measurement location, unless conditions do not allow measurement at this location; (b) Use of volunteers and Department personnel to conduct monitoring; (c) The frequency of monitoring; (d) A system for reporting and enforcing violations of instream water rights. (2) The Department shall work with WRD to revise the existing Memorandum of Understanding between the Department and WRD to include issues related to instream water rights, such as measuring, monitoring and enforcement of instream water rights. Statutory/Other Authority: ORS 496 & 537 Statutes/Other Implemented: ORS 496 & 537 History: FWC 110-1989, f. 10-24-89, cert. ef. 10-28-89
635-400-0035 Purchase, Lease, or Gift of Water Rights for Instream Water Rights The Department shall buy, lease, and accept as gifts water rights for the purpose of transferring the water right to an instream water right for the public uses and purposes set forth in OAR 635-400-0000 through 635-400-0035: (1) Donors of gifts shall be recognized through a formal Commission process. (2) Water rights that may be transferred to instream water rights shall be reviewed for potential benefits and adverse impacts to fish and wildlife or their habitats, angling, hunting, trapping or nonconsumptive uses of fish or wildlife: (a) Standards set out in OAR 635-400-0020 shall apply to prioritize water rights that are to be bought or leased; (b) Gifts of water rights shall be accepted regardless of priorities set out in OAR 635-400-0020, if the transfer does not harm fish or wildlife or their habitats, angling, hunting, trapping or noncon-sumptive uses of fish or wildlife. Statutory/Other Authority: ORS 496 & 537 Statutes/Other Implemented: ORS 496 & 537 History: FWC 110-1989, f. 10-24-89, cert. ef. 10-28-89