justicedao/ipfs_state_laws huggingface dataset:
635-044-0400 Purpose The purpose of these rules is to identify the species of wildlife that are protected; the species of wildlife that may be held and conditions for holding; and to regulate the propagation of game birds. Statutory/Other Authority: ORS 496.004, 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 History: DFW 3-2017, f. & cert. ef. 1-24-17
635-044-0410 Taxonomy (1) Scientific taxonomic nomenclature reflects the following: (a) Fish: (A) Nelson, J. S., E. J. Crossman, H. Espinosa-Perez, L. T. Findley, C. R. Gilbert, R. N. Lea, and J. D. Williams. 2004. Common and scientific names of fishes from the United States, Canada, and Mexico. American Fisheries Society, Special Publication 29, Bethesda, Maryland. (B) Moyle, P. B. 2002. Inland fishes of California. Revised and expanded. University of California Press. Berkeley, California. (C) Jelks, H.L., S.J. Walsh, N.M. Burkhead, S. Contreras-Balders, E. Diaz-Pardo, D.A. Hendrickson, J. Lyons, N.E. Mandrak, F. McCormick J. S. Nelson, S. P. Platania, B. A. Porter, C.B. Renaud, J.J. Schmitter-Soto, E. B. Taylor, and M. L. Warren, Jr. 2008. Conservation status of imperiled North American freshwater and diadromous fishes. Fisheries. 33(8): 372-407. (b) Amphibians and reptiles -- Crother, B. I., editor. 2012. Scientific and standard English names of amphibians and reptiles of North America north of Mexico, with comments regarding confidence in our understanding. 7th Edition. Society for the Study of Amphibians and Reptiles, Herpetological Circular No. 37. (c) Birds-Marshall, D.B., M.G. Hunter, A.L. Contreras, editors. 2003. Birds of Oregon: A General Reference. Oregon State University Press. Corvallis, Oregon. (d) Mammals-Wilson, D. E. and D. M. Reeder, editors. 2005. Mammal species of the world; a taxonomic and geographic reference. 3rd Edition. Johns Hopkins University Press. (2) If the taxonomic status of individual species is changed through subsequent publications, scientific taxonomy shall remain as cited in 635-044-0410(1) and 635-044-0430. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 History: DFW 3-2017, f. & cert. ef. 1-24-17
635-044-0440 Capture and Holding of Wildlife Wildlife may not be captured from the wild and/or held except as provided by OAR 635-044-0450(1), or with the following permits or licenses: (1) Wildlife Holding Permit (OAR 635-044-0460(1) and 635-044-0480(2a)); (2) Wildlife Exhibitor/Animal Entertainment Industry Permit (OAR 635-044-0460(1) and 635-044-0470(2)); (3) Wildlife Sanctuary Permit (OAR 635-044-0460(1) and 635-044-0470(2a)); (4) Game bird Propagation License (OAR 635-044-0540(1)); (5) Falconry License (OAR 635-055-0010); (6) Wildlife Rehabilitation Permit (OAR 635-062-0010); (7) Scientific Taking Permit (OAR 635-043-0023 and 635-007-0900); (8) Game Bird Release Permit for Hunting Dog and Raptor Training and Competitive Hunting Dog Trial Permit as defined in OAR 635 division 046; (9) Hunting Preserve License (pheasants, quail, and partridge) defined in OAR 635-047-0015; (10) Captive Cervid Holding and Propagation permits as defined in OAR 635, division 049; (11) A federal permit or qualifying exception under the Code of Federal Regulations will serve in lieu of a state Wildlife Holding Permit for birds protected by the federal Migratory Bird Treaty; (12) Fox (Vulpes vulpes or Urocyon cinereoargenteus) or mink (Mustela vison) may be held by a commercial fur farm under authority of the Oregon Department of Agriculture (ORS 596.010(3); 609.125; 596.020(2)). (13) Fish Transport Permit (OAR 635-007-0600); (14) Fish Propagation License (OAR 635-007-0650); (15) Sturgeon Propagation Permit (OAR 635-007-0725) Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.002, 498.022, 498.029, 498.052, 498.222 & 498.242, 596.010, 596.020 & 609.125; Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318 & 498.022 History: DFW 3-2017, f. & cert. ef. 1-24-17
635-044-0450 Holding Permit Requirements (1) No person shall capture or hold three or more animals listed in OAR 635-044-0480 or legally held grandfathered animals (635-044-0470) without a valid Wildlife Holding Permit. (2) Wildlife Holding Permits are specific to the species held, permit holder and to the holding facility described on the permit. (3) Wildlife Exhibitor/Animal Entertainment Industry or Wildlife Sanctuary Permit is required to hold species listed in 635-044-0460 and 635-044-0480. (4) All Wildlife Holding, Wildlife Exhibitor/Animal Entertainment Industry and Wildlife Sanctuary permittees shall certify to the Department that the species held complies with any applicable city or county ordinances and any applicable federal laws. (5) No Wildlife Holding Permit is required to hold: (a) Game birds legally acquired and held under a Game Bird Propagation License; game birds legally acquired from a licensed propagator or with a valid import permit from the Oregon Department of Agriculture; (b) Captive or farmed cervids held under a Cervid Holding Permit or a Cervid Propagation License (OAR chapter 635 division 49); (c) Domesticated fur-bearing fox or mink (596.020(2)); (d) Game fish legally acquired and possessed with a valid Fish Transport Permit. (6) Wildlife held for purposes of Exhibition or Animal Entertainment or in a wildlife sanctuary as defined in 635-044-0420(1), (5), (6), (7) or (22) require a Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary permit. (a) Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary Permits must be renewed annually and include updated animal inventory, employee, facility, and business information, and associated fees. (b) The annual fee for Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary Permit is $100 plus the $2 agent fee. (c) AZA or ZAA accredited facilities can submit fees for their Wildlife Exhibitor/Animal Entertainment Industry permit at the same interval as their accreditation renewal. A five year AZA accreditation renewal requires payment of the cumulative annual fee for a Wildlife Exhibitor/Animal Entertainment Industry permit of $500 plus the $2 agent fee. An annual renewal report is required to document animal inventory, employee, or facility changes. (7) Revocation or non-renewal of licenses or permits and contested case procedure are defined in 635-044-0570. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 History: DFW 3-2017, f. & cert. ef. 1-24-17
635-044-0510 Inspection of Facilities (1) Facilities holding captive wildlife are subject to inspection by any State Police officer or Department representative. Inspection of the facilities may take place without warrant or notice, but, unless prompted by emergency or other exigent circumstances, shall be limited to regular and usual business hours, including weekends. Nothing in these rules is intended to authorize or allow the warrantless search or inspection of a permit holder's residence. (2) Any inspection(s) of Exhibitor/Animal Entertainment or Sanctuary Permit or Wildlife Holding permit facilities involving approval of new or modified facilities may require a $160.00 inspection fee. An inspection fee may be assessed for Wildlife Holding Permit facilities depending on species and number of wildlife held. Statutory/Other Authority: ORS 496.012, ORS 496.138, ORS 496.146, ORS 497.298, ORS 497.308, ORS 497.312, ORS 497.318, ORS 498.022, ORS 498.029, ORS 498.052, ORS 498. 222 & ORS 498.242 Statutes/Other Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 497.298, ORS 497.308, ORS 497.312, ORS 497.318, ORS 498.022, ORS 498.029, ORS 498.052, ORS 498.222 & ORS 498.242 History: DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019 DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017 DFW 3-2017, f. & cert. ef. 1-24-17
635-044-0520 Ownership of Captured Wildlife Held in Captivity (1) Native wildlife, or the progeny thereof, captured from the wild in Oregon remains the property of the State of Oregon. (2) Wildlife native to Oregon that are acquired legally from an out-of-state propagator and held in captivity are not considered property of the state of Oregon, but are subject to the same wildlife rules as legally acquired native wildlife collected in Oregon and held in captivity. (3) Wildlife cannot be sold, exchanged, bartered, transferred or released in Oregon except as defined by rule or statute or as authorized by the Department. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 History: DFW 3-2017, f. & cert. ef. 1-24-17
635-044-0530 Possession of Coyote Prohibited Without Permit It is unlawful to keep coyotes (Canis latrans) in captivity except in compliance with the terms and conditions of a permit issued pursuant ORS 497.298 and 497.312. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222 & 498.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 History: DFW 3-2017, f. & cert. ef. 1-24-17
635-044-0540 License Required to Propagate Game Birds (1) Any person or business desiring to propagate for sale any game bird, limited to the following bird species in the families listed below, must submit a complete application and a non-refundable application fee of $56.00 (plus a $2.00 license agent fee) listed on the permit application: (a) Columbidae (mourning doves and band-tailed pigeons only); (b) Anatidae (all species except mute swans and Egyptian geese); (c) Phasianidae (A) Subfamily Phasianinae species only; (B) Subfamily Tetraoninae (grouse and ptarmigan except Genuses Centrocercus and Tympanuchus ); (C) Subfamily Meleagridinae (wild turkey); and (D) Subfamily Perdicinae (partridges and common quail ( Coturnix coturnix ); (d) Odontophoridae (Genuses Callipepla, Colinus, and Oreortyx only); and (e) Scolopacidae ( Gallinago delicate only) . (2) Game Bird Propagation Licenses expire on December 31 of the year issued. (3) Any person desiring to propagate, sell or barter any raptor as defined in OAR 635-055-0002(3) protected by federal law must first adhere to all permit requirements and regulations pertaining to the propagation and selling of raptors, as adopted by the U.S. Department of the Interior (Federal Register, Vol. 48, No. 132, Part 21). The license holder must provide a copy of their current federal permits to the department with their application or renewal. Statutory/Other Authority: ORS 498.029, ORS 498.052, ORS 498.222, ORS 498.242, ORS 496.012, ORS 496.138, ORS 496.146, ORS 497.298, ORS 497.308, ORS 497.312, ORS 497.318 & ORS 498.022 Statutes/Other Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 497.298, ORS 497.308, ORS 497.312, ORS 497.318, ORS 498.022, ORS 498.029, ORS 498.052, ORS 498.222 & ORS 498.242 History: DFW 165-2019, amend filed 10/29/2019, effective 12/01/2019 DFW 147-2017, amend filed 11/29/2017, effective 12/01/2017 DFW 3-2017, f. & cert. ef. 1-24-17
635-044-0550 Shipping Requirements for Propagated Game Birds Any game birds shipped within or outside the state by the holder of a Game Bird Propagation License must have affixed to the shipping container a record showing: (1) Name, address, and Game Bird Propagation License number of shipper; (2) Name and address of consignee; (3) Species name (common and scientific) and numbers of game birds contained; and, (4) Import of game birds into the state of Oregon requires a Certificate of Veterinary Inspection from a federally accredited veterinarian and must be accompanied by an Oregon Department of Agriculture import permit with exceptions listed in OAR 603-011-0255. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 History: DFW 3-2017, f. & cert. ef. 1-24-17
635-044-0560 Record Keeping and Reporting Requirements for Game Bird Propagation License (1) A record of all business transactions involving sale or purchase of eggs or game birds, must be current to date and available at the facility as listed on the permit. Records for the current calendar year must be made available for inspection by Oregon State Police or Oregon Department of Fish and Wildlife personnel. (2) An annual report of operations must be received with the annual renewal application and fees before the date of permit expiration. The annual report shall include the total number of game birds by species purchased or acquired and all sales or transfers by species, including eggs, births and deaths within the previous calendar year. (3) Imported or exported game birds must have a certificate of veterinary inspection and any import permit or license and documentation of ownership or other information that may be required by the receiving state. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 History: DFW 3-2017, f. & cert. ef. 1-24-17
635-044-0570 Cancellation and Non-Renewal of Game Bird Propagation License or Wildlife Holding or Wildlife Exhibitor/Animal Entertainment Industry or Wildlife Sanctuary Permit Failure to comply with any requirements within these rules or conditions of authorization is cause to cancel or deny renewal of the Game Bird Propagation License and/or Wildlife Holding Permit and/or Exhibitor/Animal Entertainment Industry or Sanctuary Permits and confiscate or require disposal of the wildlife being held. A person may appeal cancellation or denial of a license or permit through 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 (or 90 days for emergency revocations). 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 will be issued by the Director. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242, 183.430, 183.470, 183. 484 & 183.700 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242 History: DFW 3-2017, f. & cert. ef. 1-24-17
635-044-0580 Disposition of Wildlife Upon License Suspension, Revocation, Nonrenewal or Denial (1) Within 90 days after any of the following events, any person holding wildlife must dispose of the animals: (a) Suspension, revocation or expiration of the Wildlife Holding Permit or Exhibitor/Animal Entertainment Industry or Sanctuary Permits or Propagation License; (b) Denial of an application for license; or (c) Receipt of a notice from the Department informing the holder that the wildlife held is/are not authorized by license. (2) “Dispose” means to do the following in compliance with these rules: (a) Euthanize; (b) Transfer to another licensed Wildlife Holding or Exhibitor/Animal Entertainment Industry or Sanctuary or Propagation facility; or (c) Export from Oregon. (3) If the holder fails to dispose of any wildlife held by the deadline specified in paragraph (1), and if the Department determines that the wildlife held pose an imminent threat to wildlife, livestock, or public health requiring prompt action, the Department may humanely euthanize, confine, transfer, or otherwise dispose of the animals as it determines necessary. In all other circumstances, the Department may humanely euthanize, transfer, confine or otherwise dispose of the wildlife held only after providing the holder with notice and an opportunity for hearing. The Department may choose to keep the wildlife held on the holder's property until an appropriate means of disposal is found or pending a hearing. The Department bears no liability for such actions. Any wildlife held for disposal must be treated humanely in compliance with these rules. (4) The holders of any wildlife of which the Department disposes pursuant to paragraph (3) must compensate the State of Oregon for any and all expenses incurred by the State during disposition. 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 3-2017, f. & cert. ef. 1-24-17
635-044-0590 Control of Disease Outbreaks in Captive Wildlife (1) Diseased captive wildlife may be an imminent danger to public, wildlife, domestic animals, or livestock health. (2) Upon determination that an outbreak of communicable disease among captive wildlife is an imminent danger to public, wildlife, domestic animals, or livestock health, the Department may order the holder to euthanize, confine or transfer, by a specified deadline, any or all wildlife they hold. (3) Failure by the holder to take action ordered by the Department pursuant to paragraph (2) may result in the Department or its agents entering the holder’s facility to confine, euthanize, or transfer diseased wildlife. The holder is liable for any costs the State of Oregon so incurs. The Department bears no liability for such actions. 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 3-2017, f. & cert. ef. 1-24-17
635-046-0000 Purpose The purpose of these rules is to implement the provisions of Oregon Revised Statute 496.012, 498.052, and 498.106. These rules provide conditions under which competitive hunting dog trials may be held and provide conditions for the use of wildlife during the training of hunting dogs and raptors. These rules do not apply to the use of inanimate training devices, nor to exempt animals such as rock pigeons, lawfully possessed dead birds, animal carcasses, or wildlife parts such as bird wings or animal skins. These rules do not authorize the training of hunting dogs or raptors at any time or in any place where the training of dogs or raptors or running of dogs is prohibited by the land owner or land management agency. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.006 & 498.106 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.006 & 498.106 History: DFW 70-2011, f. 6-15-11, cert. ef. 7-1-11
635-046-0040 Definitions (1) “Approved Band” means a leg band purchased from the Department at a cost of $5.00 for 50 bands. (2) “Competitive Hunting Dog Trial” (sometimes called a “field trial”, “water trial”, “hunt test” or “picnic trial”) means an event that: (a) Is licensed, sanctioned, or sponsored by a sporting dog organization; and (b) Involves more than one person in testing or exhibiting learned behavior in dogs related to hunting wildlife (including, but not limited to, tracking of scents, flushing, pointing, treeing, ground baying and retrieval). (3) “Department” means the Oregon Department of Fish and Wildlife. (4) “Exempt animals” means species listed in OAR 635-56-0020. (5) “Falconry” is caring for and training raptors for pursuit of game, and the sport of hunting wild game with raptors. (6) “Healed nasal scar” means a permanent deformity on the upper mandible of an upland game bird such as that caused by an anti-pecking device. (7) “Healed toe mark” results from the clipping of the terminal joint, including the entire toenail, from the lateral (outside) toe of the right foot of an upland game bird chick. (8) “Hunting Dog” means any dog that is used to aid an individual to pursue or hunt wildlife. (9) “Hunting Dog Training” means the use of wildlife by an individual or individuals on any lands or waters in the state for the purpose of training to teach or reinforce learned behavior in dogs related to hunting of wildlife; activities which may include shooting, tracking of scents, flushing, pointing, treeing, ground baying, going to ground, and/or retrieval of wildlife. (10) “Marked bird” for upland game birds means a domestically-raised upland game bird which displays one of the following: a healed toe mark, a healed nasal scar, or an approved band affixed to a leg; for mallards means a domestically-raised mallard which was marked in at least one of the methods approved by the U.S. Fish and Wildlife Service (50 CFR 21.13). (11) “Pursue” for upland game birds means the act of locating, trailing, tracking, chasing, or flushing, but not taking, in an attempt to reinforce learned behavior in hunting dogs; for game mammals or furbearers means the act of trailing, tracking, or chasing in an attempt to locate, capture, catch, tree, or kill. (12) “Raptor” means any species or hybrid of the families Strigidae, Falconidae and Accipitridae used for Falconry. (13) “Raptor training” means the use of wildlife for the purpose of training of any species or hybrid of the families Strigidae, Falconidae and Accipitridae to hunt wildlife. (14) “Release” means, for the purpose of competitive hunting dog trials or hunting dog or raptor training, permitting any domestically-raised game birds to exist alive outside of an enclosure that restricts its movements. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.006 & 498.106 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.006 & 498.106 History: DFW 70-2011, f. 6-15-11, cert. ef. 7-1-11
635-046-0045 General Regulations (1) Releasing domestically-raised game birds or using wildlife during competitive hunting dog trials, and releasing domestically-raised game birds for hunting dog and raptor training, are only allowed under a permit from the Department. (2) Wildlife that shows symptoms of sickness or injury, or that is dead from disease, must not be used in competitive hunting dog trials or the training of hunting dogs or raptors. (3) Any person who takes or attempts to take wildlife, including domestically-raised game birds, during a competitive hunting dog trial or while training a hunting dog or raptor, must meet the hunting license and state bird validation (stamp) requirements contained in the Department’s current Oregon Game Bird, Big Game, and Furbearer Hunting/Trapping Regulations. (4) Recall pens may be used on private lands to capture domestically-raised upland game birds which were released for a competitive hunting dog trial or hunting dog or raptor training, provided that, upon discovery, any unmarked game bird(s) (except bobwhite and Coturnix quail) or other wildlife caught incidentally must be released immediately. (5) For the purposes of these rules, domestically-raised game birds that have been used for competitive hunting dog trials or hunting dog and raptor training are considered inedible. All dead animal carcasses from the trial and training activities must be removed from the field (ORS 164.785 and 164.805). Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.006 & 498.106 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.006 & 498.106 History: DFW 179-2018, amend filed 12/04/2018, effective 12/04/2018 DFW 70-2011, f. 6-15-11, cert. ef. 7-1-11