reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 38 - VOLUNTARY RECLAMATION PROGRAM › Section 632-038-0070 - Grants

Current through Register Vol. 63, No. 7, July 1, 2024
To the extent that funds are available from sources identified
				in ORS 516.090(2) or
				voluntary settlements of enforcement actions and there is a legislative
				approval of expenditures, the board may award grants for qualifying reclamation
				practices.
Stat. Auth.: ORS
				  517.840(1)(E)
Stats. Implemented: ORS
				  517.840(1)(E)
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 38 - VOLUNTARY RECLAMATION PROGRAM › Section 632-038-0080 - Coordination With Private Incentive Programs

Current through Register Vol. 63, No. 7, July 1, 2024
The department may cooperate with private foundations, industry
				associations, or other entities with respect to the establishment and
				administration of awards or incentive programs that promote mined land
				reclamation in a manner that is consistent with the objectives of ORS
				517.760,
				517.840(1) and
				this division.
Stat. Auth.: ORS
				  517.840(1)(E)
Stats. Implemented: ORS
				  517.840(1)(E)
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0000 - Notification of Interested Persons of Proposed Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment, or repeal of any permanent
				rule, the Department shall give notice of the proposed action:
(1) In the Secretary of State's Bulletin
			 referred to in ORS 183.360 at least twenty-one (21)
			 days prior to the effective date.
(2) By mailing a copy of the notice to
			 persons on the Agency's mailing list established pursuant to ORS
			 183.335(7) at
			 least 28 days before the effective date of the rule.
(3) By mailing or furnishing a copy of the
			 notice to the Associated Press.
Stat. Auth.: ORS
				  183.335 & ORS
				  183.360
Stats. Implemented: ORS
				  183.335 & ORS
				  183.360
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				183.341, the Oregon Department
				of Fish and Wildlife hereby adopts the Model Rules of Procedure as promulgated
				by the Attorney General under the Administrative Procedures Act, dated January
				1, 2006.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or the
				  Department of Fish and Wildlife.
Stat. Auth.: ORS
				  183.341(2)
Stats. Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0007

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  496.138 & ORS
				  496.146
Stats. Implemented: ORS
				  496.138 & ORS
				  496.146
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0010 - Legal Notice Mailing List and Fee

Current through Register Vol. 63, No. 7, July 1, 2024
Any person requesting in writing to be placed on the mailing
				list (as required by subsection (6) of ORS
				183.335) to receive copies of
				each Department of Fish and Wildlife notice of intended rule making action
				given pursuant to paragraph (a) of subsection (1) of ORS
				183.335 and copies of each rule
				adopted, amended, or repealed as filed in the office of the Secretary of State
				pursuant to subsection (1) of ORS
				183.355 shall be notified that
				prior to placement on such mailing list an annual fee of $25 is required to be
				remitted in advance to defray the costs of mailing and maintenance of mailing
				lists under subsection (6) of ORS
				183.335.
Stat. Auth.: ORS 183
Stats. Implemented: ORS
				  183
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0020 - Commission Policy on Advisory Bodies

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission shall, consistent with state law:
(1) Consider appointment of minorities and
			 women to fill vacancies so that advisory bodies are representative of the
			 population served, to the extent possible.
(2) Develop a system of staggered terms of
			 office in order to maintain continuity.
(3) Limit terms to four years, with no more
			 than two consecutive terms to be served by any member, unless the Commission,
			 for just cause, chooses to extend the number of said terms or term.
(4) Direct advisory bodies to establish
			 minimum frequency for meetings and to establish a minimum attendance required
			 by advisory body members. The Commission shall be notified of advisory body
			 members who fail to meet the minimum attendance and may, at their discretion,
			 remove advisory body members who fail to meet the attendance
			 requirement.
(5) Notify advisory
			 body members upon their appointment that they serve at the pleasure of the
			 Commission.
Stat. Auth.: ORS
				  496.138
Stats. Implemented: ORS
				  496.085, ORS
				  496.228, ORS
				  496.460, ORS
				  506.465, ORS
				  508.755 & Section 11, Ch.
				  512, OL 1989
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0025 - Civil Damages

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is the
			 policy of the Commission that the Director may institute suit for the recovery
			 of damages for the unlawful taking or killing of wildlife pursuant to ORS
			 496.705.
(2) In deciding whether to institute suit
			 against a person convicted of unlawfully taking or killing wildlife, the
			 Director may consider, but is not limited to, the following criteria:
(a) Whether the person was convicted of
			 unlawfully taking or killing more than one game or furbearing mammal;
(b) Whether the person was convicted of
			 selling or wasting the wildlife, or parts thereof, unlawfully taken or
			 killed;
(c) Whether the person
			 convicted has also been convicted of any previous violations of the wildlife
			 laws or regulations promulgated pursuant thereto;
(d) Whether the violation for which the
			 person was convicted occurred outside any authorized season for the species
			 taken or killed; and
(e) Whether
			 the cumulative value, as established by ORS
			 496.705, of the wildlife
			 unlawfully taken or killed is equal to or greater than $100.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0030 - Rendering Recompensable Assistance to Other State Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall:
(1) Track and prepare statements each fiscal
			 year reporting the number of hours spent by department personnel performing
			 recompensable assistance for any executive department agency, including
			 professional, investigatory, administrative and clerical services, capital
			 outlay, and the hourly rate charged, based on the class of department personnel
			 performing the services.
(2) Send
			 statements to the agency or other entity describe in ORS
			 496.167 receiving services at
			 the closing of each fiscal year.
(3) Develop an estimated cost of expenses for
			 work described in ORS
			 496.167 each biennium; and issue
			 an invoice to each agency or other entity described in ORS
			 496.167, for which estimated
			 cost of expenses were prepared.
Statutory/Other Authority: ORS
				  496.167 &
				  496.168
Statutes/Other Implemented: ORS
				  496.167 &
				  496.168
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0035 - Sampling Data and Tag Recovery

Current through Register Vol. 63, No. 7, July 1, 2024
It is
unlawful
for any person licensed by the
				Department of Fish and Wildlife to fail to comply with the directions of
				authorized Department personnel related to the collection of sampling data or
				material (e.g., tissue and blood samples, otoliths and other bones, fins,
				shells, parasites, tags, etc.) from fish, shellfish, or marine invertebrates.
				It is also unlawful for any such person to fail to relinquish to the Department
				any part of a salmon or other food fish containing coded-wire tags, including
				but not limited to, the snouts of those salmon that are marked by having
				clipped adipose fins.
Stat. Auth.: ORS 496 & 506
Stats. Implemented: ORS 496 &
				  506
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0050 - License Refunds

Current through Register Vol. 63, No. 7, July 1, 2024
Consistent with the authority to make refunds prescribed in ORS
				293.445(2), the
				Department will issue a refund of moneys received in excess of the amount
				legally due:
(1) If the Department
			 determines a person has made an overpayment of more than $5; or
(2) Upon written request from a person who
			 made an overpayment, or the person's legal representative, if the request is
			 submitted to the Department within three years of the date that the Department
			 received the overpayment.
(3)
			 License and tag refunds will be granted upon request only to a person
			 furnishing satisfactory evidence to the Department that:
(a) More licenses or tags than necessary have
			 been acquired;
(b) A higher fee
			 than set by statute was paid for;
(c) A license agency made an error;
			 or
(d) Death of a tag holder occurs
			 before the opening of the season for which the tag was issued; only the tag fee
			 shall be refunded. For the purpose of this rule the person in possession of the
			 deceased's tag shall be presumed to be entitled to the refund.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0055 - License Exchanges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 license may be exchanged for a combination hunting and fishing license, a
			 senior combination license or a Sports Pac.
(2) The Department will refund (in full or in
			 part) the license fee to a customer who has purchased a full price license if
			 the Department determines that at the time of purchase, the licensee was
			 qualified for one of the following free or reduced-price licenses:
(a) Senior license;
(b) Pioneer license; or
(c) Disabled Veterans license.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0060 - Tribal I.D. in Lieu of Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with ORS
				497.170, tribal identification
				cards may be issued in lieu of Department-issued free hunting and fishing
				licenses for Columbia River Treaty Tribe members.
Statutory/Other Authority: ORS 497
Statutes/Other Implemented: ORS 497
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0070 - Agency Representation by Employee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to the approval of the Attorney
			 General, an officer or employee of the Department, designated by the Director,
			 is authorized to represent the Department in contested case hearings concerning
			 suspension from the Landowner Preference Program or the Master Hunter Program,
			 suspension of certification as a Hunter Education Instructor, or suspension or
			 revocation of licenses or tags under the Wildlife Violator Compact.
(2) The agency representative may not give
			 legal advice or present legal argument on behalf of the agency.
(a) "Legal argument" includes arguments on:
(A) The jurisdiction of the agency to hear
			 the contested case;
(B) The
			 constitutionality of a statute or rule or the application of a constitutional
			 requirement to an agency; and
(C)
			 The application of court precedent to the facts of the particular contested
			 case proceeding.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0100 - Definition

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of ORS
				498.279, "competition or contest
				in which prizes are offered" means any event where the total value of all cash
				or merchandise awards exceeds $25.
Stat. Auth.: ORS 183, ORS 299 & ORS 496
Stats. Implemented: ORS 183, ORS 299 & ORS
				  496
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0105 - Bass and Walleye Fishing Tournaments

Current through Register Vol. 63, No. 7, July 1, 2024
Black bass or walleye fishing tournaments are subject to
				provisions of ORS 498.279 and the following
				rules:
(1) Permit Application and
			 Processing; General Provisions.
(a) The
			 Department will accept applications for bass tournaments beginning November 1
			 of the year preceding the year in which the proposed tournament will be held.
			 Requests will be processed and permits issued in order of time of receipt at
			 the Bend ODFW office beginning December 15 of the year preceding the year in
			 which the proposed tournament will be held.
(b) Parties requesting conflicting
			 tournaments are encouraged to resolve the conflict among themselves. Parties
			 may submit an amended tournament request that resolves conflicts among
			 competing applicants that reserves the priority date of the original
			 requests.
(c) At the request of the
			 Commission, the sponsor of the event shall report the results of the event to
			 the Commission, on a form provided by the Commission not later than 30 days
			 after the end of the event.
(d) The
			 Commission may order closure of any waters to competitions or contests when the
			 Commission considers such action necessary to protect wildlife
			 resources.
(e) Live fish must be
			 released in scattered locations at least one mile from the weigh-in site or at
			 locations designated by ODFW. The tournament director or a designee may exceed
			 possession limits for the purpose of transporting fish from the weigh-in site
			 to release sites on the same water.
(f) No bass or walleye may be retained by
			 tournament sponsors or participants after a tournament ends except as specified
			 in subsection (1)(g).
(g) The
			 tournament director may dispose of fish that die during or as a result of
			 tournament activities in the following manner:
(A) donated in accordance with local bag and
			 possession limits to individuals at the weigh-in site not participating in or
			 with the tournament. The tournament sponsor must issue a receipt for donated
			 fish that must stay with the fish. The receipt must include the name of the
			 recipient and the species and number of fish donated;
(B) the tournament director may exceed the
			 bag or possession limit in order to transport the fish to donate them in a
			 manner detailed in OAR
			 635-002-0005.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0110 - Pikeminnow Fishing Derby

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with Senate Bill 958 (2015), an organizer of a
				fishing derby for Northern pikeminnow (Ptychocheilus oregonensis) may request a
				free derby license from the Oregon Department of Fish and Wildlife (Department)
				with the following restrictions:
(1)
			 A derby license from the Department is required. An organizer must apply for a
			 license at least 60 days prior to the event. The license must be in possession
			 of the organizer at the derby location, and must be shown to Oregon State
			 Police (OSP) or Department representatives on request. ODFW shall set license
			 conditions after consideration of the impacts on sensitive populations or
			 habitats for fish species, as well as social impacts.
(2) The maximum duration of a fishing derby
			 shall be three days.
(3) No more
			 than two fishing derby licenses may be issued per year for a given body of
			 water.
(4) An organizer of a
			 fishing derby is required to obtain a separate fishing derby license for each
			 fishing derby.
(5) All current
			 angling regulations and license requirements for the location of the derby
			 remain in effect and shall not be altered to accommodate the derby. In
			 addition, special license conditions such as reduced bag limits may be applied
			 in order to protect affected fish stocks.
(6) Catch and release angling is permitted,
			 provided fish are released unharmed.
(7) The derby organizer is responsible for
			 identifying non-profit outlets or commercial fish or bait dealers for any
			 unwanted fish which are retained from the derby. Only Northern pikeminnow may
			 be sold to commercial fish or bait dealers and only for charitable fund-raising
			 purposes. The derby license exempts the licensee from any commercial licensing
			 requirements and the wholesale fish and bait dealers are not required to report
			 the Northern pikeminnow purchased from the derby to the Department on fish
			 receiving tickets or pay ad-valorem fees.
(8) Derby organizers are responsible for
			 meeting all other state and local requirements for such things as special use
			 permits, etc.
Stat. Auth.: ORS
				  496.138,
				  496.146 &
				  506.119
Stats. Implemented: ORS
				  496.162 &
				  506.129
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0116 - Game Fish Tournaments

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with ORS
				498.286(2),
				when a prize is offered that exceeds $1,000 for the amount, quality, size,
				weight or other physical characteristic of a game fish taken, other than black
				bass or walleye, the following restrictions apply:
(1) A permit from ODFW is required. Sponsors
			 must apply for permits at least 60 days prior to the event. Permits must be in
			 possession of the sponsor or a designated representative at the tournament
			 location, and must be shown to OSP or ODFW representatives on request. ODFW
			 shall set permit conditions after consideration of the condition of the
			 resource and social impacts.
(2)
			 Permit applications shall be accepted beginning November 1 of the year prior to
			 the event. No more than one event on any water body shall be authorized on any
			 single date, and no more than two tournaments shall be authorized on any single
			 water body in any 14 days.
(3) The
			 fee for a Game Fish Tournament Permit is $121.50. No license agent fee is
			 required.
(4) All current angling
			 regulations apply and shall not be altered to accommodate any tournament. In
			 addition, special permit conditions such as reduced bag limits may be applied
			 in order to protect affected fish stocks.
(5) Catch and release is permitted, provided
			 fish are released unharmed.
(6)
			 Tournament sponsors are responsible for identifying non-profit outlets for any
			 unwanted fish which result from the tournament.
(7) Tournament sponsors are responsible for
			 meeting all other state and local requirements for such things as special use
			 permits, etc.
Statutory/Other Authority: SB 247 (2015), ORS
				  496.118,
				  496.138,
				  496.146 &
				  497.071
Statutes/Other Implemented: ORS
				  497.071 &
				  498.279
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0150 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to establish the process and
				requirements for hunters to be awarded controlled hunt preference points
				(preference points) as an alternative to cash for providing information to the
				Oregon State Police (OSP) and Oregon Hunters Association (OHA)
				"Turn-In-Poachers" (TIP) program, pursuant to ORS
				497.112. The program is intended
				to encourage hunters to report wildlife violations they witness involving
				antelope, bear, cougar, deer, elk, moose, mountain goat, mountain sheep or
				wolf.
Statutory/Other Authority: ORS
				  496.138,
				  496.146, ORS
				  496.012,
				  496.162 &
				  497.112
Statutes/Other Implemented: ORS
				  496.138,
				  496.146, ORS
				  496.012,
				  496.162 &
				  497.112
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0155 - Individual Participation

Current through Register Vol. 63, No. 7, July 1, 2024
A person is eligible to receive preference points provided the
				person:
(1) Provides information that
			 OSP determines led to an arrest or citation issued for the unlawful take,
			 possession, or waste of antelope, bear, cougar, deer, elk, moose, mountain
			 goat, mountain sheep, or wolf;
(2)
			 Asks to receive preference points in lieu of a cash reward for the information
			 provided; and
(3) Have or establish
			 an ODFW Identification Number.
Statutory/Other Authority: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162 &
				  497.112
Statutes/Other Implemented: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162 &
				  497.112
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0160 - Preference Points Awarded

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Preference points awarded vary by species involved in the violation as follows:
Species/Preference Points Awarded
(a) Mountain (Bighorn) Sheep/5
			 Points
(b) Mountain Goat/5
			 Points
(c) Moose/5 Points
(d) Wolf/5 Points
(e) Elk/4 Points
(f) Deer/4 Points
(g) Pronghorn/4 Points
(h) Bear/4 Points
(i) Cougar/4 Points
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0165 - Process for Awarding Preference Points

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If OSP determines information provided by
			 the person(s) led to an arrest or citation, the officer sends the "Request for
			 Reward" form to the OSP Salem Headquarters (HQ).
(2) OSP HQ staff will review the request
			 report and if approved send the Request for Reward form to the Department's
			 License Services Section.
(3)
			 Department staff will review the preference points Request for Reward form and
			 contact the individual(s) eligible to receive the reward preference
			 points.
(4) The individual(s)
			 eligible to receive the reward preference points must complete a form supplied
			 by the Department's License Services Section within 90 days of notification of
			 eligibility clearly indicating to which species preference point file they
			 request the awarded preference points be added.
(5) The reward points must be placed in the
			 preference point file for one species.
(6) Once placed in the preference point file
			 for a species, the awarded points are subject to the Oregon Administrative
			 Rules that govern preference points.
(7) Current cases that OSP has not yet
			 submitted a "Request for Reward" form to the OSP Salem HQ are eligible for
			 awarding preference points under the process rules in this section.
Statutory/Other Authority: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162 &
				  497.112
Statutes/Other Implemented: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162 &
				  497.112
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0200 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to provide standards and
				procedures for license suspension and revocation required under the Wildlife
				Violator Compact (Compact), and to identify the Compact Administrator to the
				Board of Compact Administrators for the State of Oregon.
Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS
				  497
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0205 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The Wildlife Violator Compact, ORS
				496.715, defines "suspension" to
				include any revocation, denial or withdrawal of any or all license privileges.
				However, to insure consistency with other applicable law, the terms
				"revocation" and "suspension" as used in these rules shall have the following
				meaning:
(1) "Revocation" means to
			 cancel, annul and make void for the entire remainder of the term of any
			 license.
(2) "Suspension" means to
			 temporarily discontinue and interrupt a license, but with an expectation that
			 it may be reinstated upon the occurrence of a specific event, such as evidence
			 of compliance with a citation.
Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS
				  497
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0210 - Standard for License Suspension or Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a)
			 Upon receipt of the following information from a party state to the Compact,
			 the Director shall initiate license suspension proceedings in accordance with
			 OAR 635-001-0215:
(b) That a person has failed to comply with
			 the terms of a citation for a fish or wildlife offense from the licensing
			 authority of a party state. Such suspension shall remain in effect until the
			 Director receives adequate evidence of compliance with the citation.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0215 - Procedures to Suspend or Revoke

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the Director is notified of a failure to comply with the terms of a
			 citation from the licensing authority of a party state, the Director shall
			 initiate license suspension proceedings in accordance with this
			 section.
(2) When the Commission
			 has been notified of any of the conditions under
			 635-001-0210(2),
			 the Director or Commission may initiate license suspension or revocation
			 proceedings in accordance with this section.
(3) The person shall be notified in writing
			 of the Director's or Commission's intention to suspend, revoke, or refuse to
			 issue, licenses and tags, and shall be provided with an opportunity to request
			 a hearing within 14 days of the date of mailing.
(4) If at the end of 14 days no response has
			 been received, a final order shall be issued suspending, revoking or refusing
			 to issue license privileges and mailed by certified mail to the
			 person.
(5) If prior to 14 days
			 from the date of mailing the person submits a request for a hearing, a hearing
			 will occur. At the discretion of the Department, the case may be reviewed in
			 writing upon stipulation by the licensee or a hearing may be scheduled before
			 the administrative law judge.
(6)
			 Following the administrative law judge's review, a proposed order, including
			 findings of fact and conclusions of law, shall be prepared by the
			 administrative law judge, served on all parties, and shall be forwarded to the
			 Director or Commission.
(7) In
			 accordance with ORS Chapter 183, the Director or Commission shall provide an
			 opportunity to all parties to respond in writing within 14 days to the proposed
			 order of the administrative law judge.
(8) A final order shall be reviewed and
			 signed by the Director or Commission chair and all parties shall be provided a
			 copy by certified mail.
Stat. Auth.: ORS 496 & 497
Stats. Implemented: ORS 496 &
				  497
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0220 - Compact Administrator

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of Article VII of the Wildlife Violator
				Compact referred to in ORS
				496.750 the Administrative head
				of the Oregon State Police Game Enforcement unit, or his or her designee, shall
				be the Compact Administrator for the State of Oregon.
Stat. Auth.: ORS 496 & ORS 497
Stats. Implemented: ORS 496 & ORS
				  497
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0230 - Payment of R&E Revenues to Watershed Improvement Grant Fund

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with Chapter 8, Oregon Laws 1997, $1,000,000 of
				revenues from surcharges on recreational licenses deposited to the Restoration
				and Enhancement Fund shall be paid to the Watershed Improvement Grant Fund in
				accordance with the following schedule:
(1) On or before June 30, 1998, $400,000 to
			 be transferred.
(2) On or before
			 January 1, 1999, $200,000 to be transferred.
(3) On or before June 30, 1999, $400,000 to
			 be transferred.
Stat. Auth.: Sec. 13, Ch. 8, HB 3700, 1997
Stats. Implemented: Sec. 13, Ch. 8, HB 3700,
				  1997
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0301 - Inspection of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
All records of the Commission and the Department defined as
				public records under ORS
				192.410, and not exempt from
				disclosure under ORS 192.501 to
				192.505, are available for
				inspection by members of the public at the current principal offices of the
				Commission and Department in Salem, Oregon, or other reasonable location
				designated by the Director. Inspection of such records will be permitted during
				normal Department work hours, provided responding to such a request does not
				unreasonably disrupt the Commission's and the Department's
				duties.
Stat. Auth.: ORS
				  192.420
Stats. Implemented: ORS
				  192.420
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0311 - Information Officers and Certification of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following individuals are designated
			 as information officers for all public records requests:
(a) Assistant to the Commission for agendas,
			 reports, correspondence and other files maintained by and for the Commission
			 itself;
(b) Director of the
			 Department, Deputy Directors, Regional Managers, Division Administrators and
			 section heads, for records and files of the Department and its staff;
(c) Each information officer must designate
			 an alternate.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0321 - Requests to Inspect or Obtain Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request to inspect or receive a copy of
			 a public record must:
(a) Be made in writing
			 and must identify as specifically as possible the type of record(s), subject
			 matter, approximate date(s), names of persons involved, business or
			 organization involved and;
(b) The
			 name, address, phone number and email address of the person requesting the
			 public records.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0331 - Fees for Inspection and Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As authorized by law, the Department
			 charges the following fees reasonably calculated to reimburse the Department
			 for its actual cost in making public records available, including costs for
			 summarizing, compiling or tailoring the public records, either in organization
			 or media, to meet the request:
(a) Records
			 search by clerical staff at $25.00 per hour;
(b) Records search by managerial staff at
			 $40.00 per hour;
(c) Records search
			 by professional staff at $75.00 per hour;
(d) Copies at current state printing and
			 distribution price list;
(e) Media
			 at cost set forth in statewide price agreement;
(f) Postage at current postal
			 rates;
(g) If the request appears
			 to require Department services for which no fee has been established (computer
			 time, travel, shipping cost, communication costs, etc.) the actual cost shall
			 be determined or estimated by the Department.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0335 - Fee Waiver or Reduction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 person requesting a fee waiver or reduction from the Department must submit a
			 completed Fee Waiver or Reduction Request Form to the Department through online
			 submittal, email or to the address provided in OAR
			 635-001-0321(2).
(2) The Department may furnish copies without
			 charge or at the following substantially reduced fees if the Department
			 determines that a fee waiver or reduction of fees is in the public interest
			 because making the record available primarily benefits the general public:
(a) Records search by clerical staff at
			 $20.00 per hour;
(b) Records search
			 by managerial staff at $32.00 per hour;
(c) Records search by professional staff at
			 $60.00 per hour;
(d) Copies at
			 current state printing and distribution price list;
(e) Media at cost set forth in statewide
			 price agreement;
(f) Postage at
			 current postal rates;
(g) No
			 additional cost considerations will be included in the invoiced amount passed
			 on to the requester under this reduced fee structure; and
(h) DOJ, special attorney and other
			 applicable legal fees, at $75.00 per hour.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0341 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				36.224, the Oregon Department of
				Fish and Wildlife hereby adopts OAR
				137-005-0052 as promulgated by
				the Attorney General and amended in 2018.
Statutory/Other Authority: 2015 SB 189
Statutes/Other Implemented: 2015 SB
				  189
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 1 - ADMINISTRATION › Section 635-001-0410 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The words and
			 phrases used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(2) Nothing in this rule affects any
			 confidentiality created by other law. Nothing in this rule relieves a public
			 body from complying with the Public Meetings Law, ORS
			 192.610 to
			 192.690. Whether or not they are
			 confidential under this or other rules of the agency, mediation communications
			 are exempt from disclosure under the Public Records Law to the extent provided
			 in ORS 192.410 to
			 192.505.
(3) This rule applies only to mediations in
			 which the agency is a party or is mediating a dispute as to which the agency
			 has regulatory authority. This rule does not apply when the agency is acting as
			 the "mediator" in a matter in which the agency also is a party as defined in
			 ORS 36.234.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in ORS
			 40.190 (OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Mediations Excluded.
			 Sections (6)-(10) of this rule do not apply to:
(a) Mediation of workplace interpersonal
			 disputes involving the interpersonal relationships between this agency's
			 employees, officials or employees and officials, unless a formal grievance
			 under a labor contract, a tort claim notice or a lawsuit has been filed;
			 or
(b) Mediation in which the
			 person acting as the mediator will also act as the hearings officer in a
			 contested case involving some or all of the same matters;
(c) Mediation in which the only parties are
			 public bodies;
(d) Mediation
			 involving two or more public bodies and a private party if the laws, rule or
			 policies governing mediation confidentiality for at least one of the public
			 bodies provide that mediation communications in the mediation are not
			 confidential;
(e) Mediation
			 involving 15 or more parties if the agency has designated that another
			 mediation confidentiality rule adopted by the agency may apply to that
			 mediation.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 2 - DISPOSAL OF WILDLIFE AND EQUIPMENT SEIZED OR OTHERWISE ACQUIRED › Section 635-002-0005 - Disposal of Edible Wildlife

Current through Register Vol. 63, No. 7, July 1, 2024
Except as provided in OAR
				635-043-0175 and
				635-002-0008, carcasses of
				edible wildlife, except black bear, shall be disposed of in the following
				manner:
(1) Donated to public and
			 charitable institutions such as welfare organizations, churches, and others
			 provided the receiving agency pays all storage and handling charges and does
			 not sell the meat.
(2) Donated to
			 persons determined to be eligible because of low income or medical reasons,
			 provided the eligible person requests and accepts the carcass as delivered,
			 consumes the meat at his/her place of residence, and does not offer it for
			 sale.
(3) Donated to wildlife
			 rehabilitators licensed by the Department provided those rehabilitators use the
			 meat to feed sick, injured or orphaned wildlife and do not sell the
			 meat.
(4) Donated to rendering
			 plants, pet food manufacturers or disposed of as specified by personnel of the
			 Department.
Statutory/Other Authority: Or Laws 2017, Ch 670, § 2,
				  ORS 183.545,
				  183.550,
				  496.012,
				  496.138,
				  496.146 &
				  496.162
Statutes/Other Implemented: ORS
				  183.545,
				  183.550,
				  496.012,
				  496.138,
				  496.146 &
				  496.162
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 2 - DISPOSAL OF WILDLIFE AND EQUIPMENT SEIZED OR OTHERWISE ACQUIRED › Section 635-002-0007 - Disposal of Black Bear Carcasses

Current through Register Vol. 63, No. 7, July 1, 2024
Except as provided in OAR
				635-002-0009 for bear taken due
				to a threat of human safety, carcasses of black bear shall be disposed of in
				the following manner:
(1) Donated to
			 wildlife rehabilitators licensed by the Department provided those
			 rehabilitators use the meat to feed sick, injured or orphaned wildlife and do
			 not sell the meat.
(2) Donated to
			 persons determined to be eligible because of low income or medical reasons,
			 provided the eligible persons sign a written release acknowledging the proper
			 methods of preparation for human consumption, accepts the carcass as is,
			 consume the meat at their place of residence and do not offer the meat for
			 sale.
(3) Donated to persons or
			 public or charitable institutions who request their name be placed on a waiting
			 list maintained by the Department. These persons or public or charitable
			 institutions will be notified on a first-come, first-serve basis and shall sign
			 a written release acknowledging the proper methods of preparation for human
			 consumption, accepts the carcass as is, consume the meat at their place of
			 residence and not offer the meat for sale.
(4) Donated to rendering plants, pet food
			 manufacturers or disposed of as specified by personnel of the Department.
			 Department directed disposal of black bear carcasses may include but is not
			 limited to disposal at approved landfill sites; disposal on public or private
			 lands; used in research activities; or for other scientific, enforcement or
			 educational purposes.
Stat. Auth.: ORS
				  496.012, ORS
				  496.138, ORS
				  496.146 & ORS
				  496.162
Stats. Implemented: ORS
				  496.012, ORS
				  496.138, ORS
				  496.146 & ORS
				  496.162
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 2 - DISPOSAL OF WILDLIFE AND EQUIPMENT SEIZED OR OTHERWISE ACQUIRED › Section 635-002-0008 - Disposition of Wildlife Taken on Damage

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with ORS
				498.012, any wildlife taken on
				damage shall be disposed of in the following manner:
(1) Except as provided in section (2) of this
			 rule, any deer, elk, antelope, bighorn sheep or gamebird shall be salvaged and
			 delivered to a location determined by the Department. Carcasses shall be
			 disposed of as directed by OAR
			 635-002-0005.
(2) Any elk taken on a kill permit outside of
			 established shooting hours for game mammals from August 1 to March 31, and at
			 any time from April 1 to July 31, shall be salvaged and disposed of in the
			 following manner as directed by the Department:
(a) Donated to public and charitable
			 institutions such as welfare organizations, churches, and others provided the
			 receiving institution pays all storage and handling charges and does not sell
			 the meat; or
(b) Donated to the
			 landowner or landowner's designee(s) (including landowner agents) with the
			 following provisions:
(A) If only one Kill
			 Permit is issued, the carcass must be salvaged and disposed of as directed by
			 (2) (a) above;
(B) If more than one
			 Kill Permit is issued, the Department shall determine the distribution of the
			 carcasses between public and charitable institutions, persons as outlined in
			 OAR 635-002-0005
			 (2), and landowner or landowner's
			 designee(s);
(C) The landowner or
			 landowner's immediate family may receive only one elk of the total number of
			 permits provided to the landowner in the 12-month period from August 1 to July
			 31;
(D) Any designee or designee's
			 immediate family may receive only one elk in the 12-month period from August 1
			 to July 31;
(E) Name, date and
			 address of physical residence for each recipient shall be documented with
			 Department;
(F) The heads,
			 including antlers, of all elk must be submitted to the Department unless
			 otherwise specified by the local District Wildlife Biologist;
(G) No portion of any elk received pursuant
			 to this rule may be sold, bartered, or exchanged; and
(H) When an elk taken on a kill permit or
			 part thereof is transferred to the possession of another person, a written
			 record shall accompany such transfer and include:
(i) A description of the elk part or portion
			 transferred;
(ii) The name and
			 physical residence address of the person who was the original recipient of the
			 elk;
(iii) The kill permit
			 number;
(iv) The date and time of
			 transfer; and
(v) The written
			 record shall remain with the elk or part so long as the same is
			 preserved.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 2 - DISPOSAL OF WILDLIFE AND EQUIPMENT SEIZED OR OTHERWISE ACQUIRED › Section 635-002-0009 - Disposition of Bear and Cougar Killed Posing a Threat to Human Safety

Current through Register Vol. 63, No. 7, July 1, 2024
This rule implements the Department's responsibilities under
				ORS 498.166, enacted by the 2001
				Oregon Legislature, which authorizes any person to take a cougar or bear that
				poses a threat to human safety.
(1)
			 Any person who takes a black bear posing a threat to human safety shall dispose
			 of the bear in the following manner:
(a) The
			 carcass, hide, and meat, including gall bladder and female reproductive tract,
			 shall be delivered to a location determined by the Department;
(b) The Department shall not permit the
			 person to retain any part of the carcass including hide, skull, paws, claws,
			 meat, or gall bladder for personal use.
(c) The hide, skull, paws, claws, and gall
			 bladder shall be salvaged and disposed of in a manner determined by the
			 Department. Options for disposition shall include scientific, enforcement, or
			 educational purposes.
(d) Edible
			 portions of the carcasses shall be disposed of as outlined in OAR
			 635-002-0007.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 2 - DISPOSAL OF WILDLIFE AND EQUIPMENT SEIZED OR OTHERWISE ACQUIRED › Section 635-002-0010 - Disposal of Inedible Wildlife

Current through Register Vol. 63, No. 7, July 1, 2024
Carcasses of inedible wildlife shall be disposed of in a manner
				directed by the Department including donations to rendering plants, pet food
				manufacturers, or zoos, provided the meat is not used for human
				consumption.
Stat. Auth.: ORS 183 & ORS 496
Stats. Implemented: ORS 183 & ORS
				  496
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 2 - DISPOSAL OF WILDLIFE AND EQUIPMENT SEIZED OR OTHERWISE ACQUIRED › Section 635-002-0012 - Disposal of Wildlife or Wildlife Parts

Current through Register Vol. 63, No. 7, July 1, 2024
Any wildlife or parts of wildlife acquired and not otherwise
				specifically directed elsewhere in this division shall be disposed of as
				follows: Pelts or hides of furbearing and game mammals shall be disposed of in
				a manner determined by the Department including use for scientific, enforcement
				or educational purposes. Pelts or hides may be sold.
Stat. Auth.: ORS 183 & ORS 496
Stats. Implemented: ORS 183 & ORS
				  496
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 2 - DISPOSAL OF WILDLIFE AND EQUIPMENT SEIZED OR OTHERWISE ACQUIRED › Section 635-002-0014 - Disposal of Antlers

Current through Register Vol. 63, No. 7, July 1, 2024
Antlers that come into the department's possession shall be
				disposed of in the following manner:
(1) Sold through competitive bid, consistent
			 with state and, where appropriate federal, rule and statute; or
(2) Donated to nonprofit organizations,
			 federal agencies, or Oregon cities, counties or state agencies for any purpose
			 the department determines is consistent with the agency's mission including
			 wildlife-related fundraising.
(a) A nonprofit
			 organization is:
(A) An Oregon public
			 elementary, middle or high school;
(B) An Oregon state university or community
			 college; or
(C) An organization
			 described in section 501(c)(3) of the
			 Internal Revenue Code that is exempt from income tax under section
			 501(a) of the
			 Internal Revenue Code.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 2 - DISPOSAL OF WILDLIFE AND EQUIPMENT SEIZED OR OTHERWISE ACQUIRED › Section 635-002-0020 - Sale Price of Wildlife

Current through Register Vol. 63, No. 7, July 1, 2024
The price of furbearing and other mammal pelts shall be
				established at public auction.
Stat. Auth.: ORS 183 & ORS 496
Stats. Implemented: ORS 183 & ORS
				  496
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 2 - DISPOSAL OF WILDLIFE AND EQUIPMENT SEIZED OR OTHERWISE ACQUIRED › Section 635-002-0025 - Payment for Wildlife Sold

Current through Register Vol. 63, No. 7, July 1, 2024
Payment must be made at the time of delivery by check or money
				order to the Oregon Department of Fish and Wildlife.
Stat. Auth.: ORS 183 & ORS 496
Stats. Implemented: ORS 183 & ORS
				  496