reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 47 - PRIVATE HUNTING PRESERVE RULES › Section 635-047-0050 - Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 the penalties provided in ORS
			 496.992, the Department may
			 revoke or refuse to renew a license for a hunting preserve if the operator
			 fails to comply with any rule in relation to the operation of a private hunting
			 preserve or with ORS 497.248.
(2) A new license may not be issued to a
			 person whose license has been revoked unless it appears to the satisfaction of
			 the Department that the person will comply with the rules for the operation of
			 a hunting preserve and ORS
			 497.248.
(3) Notwithstanding subsection (1) of this
			 section, the Department may not revoke a license for a first
			 violation.
(4) Prior to revoking or
			 refusing to renew a license, the Department shall serve written notice, in the
			 manner prescribed for contested case proceedings pursuant to ORS
			 183.415, on the operator of the
			 private hunting preserve, ordering the operator to:
(a) Notify the Department within 30 days of
			 the service of the notice if the operator seeks a review of the proposed
			 revocation or refusal to renew the license in the manner provided for contested
			 case proceedings in ORS
			 183.413 to
			 183.470; and
(b) Set forth in any notification under
			 paragraph (a) of this subsection the operator's reasons why the license should
			 be renewed or not be revoked.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 48 - HUNTER/TRAPPER EDUCATION › Section 635-048-0005 - Hunter Education Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Anyone younger than 18 years of age shall
			 have proof of hunter education in their possession when hunting on land other
			 than their own property or that of their parent or legal guardian, except youth
			 participating in the Mentored Youth Program. Proof of hunter education means a
			 certificate or license that includes hunter education number.
(2) For people younger than 18 years of age,
			 hunter education training must include both a classroom (physical or virtual)
			 component and a field day.
Stat. Auth.: ORS 496 & 497
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146 &
				  497.360
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 48 - HUNTER/TRAPPER EDUCATION › Section 635-048-0010 - Course Fee

Current through Register Vol. 63, No. 7, July 1, 2024
A $10.00 application fee will be collected from students
				enrolled in a hunter education or bowhunter education course for materials and
				services furnished by the Hunter Education Program. This fee will be collected
				by the Department as part of the application to participate in the course, and
				used to provide stipends to instructors for materials or services authorized by
				the department and to defray the cost of equipment provided to instructors by
				the Department. In no instance shall the course application fee serve as a
				barrier to persons desiring to participate in the training course. The
				department may waive the application fee for students who cannot pay the class
				fee due to hardship.
Stat. Auth.: ORS
				  496.138 &
				  496.146
Stats. Implemented: ORS
				  497.360
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 48 - HUNTER/TRAPPER EDUCATION › Section 635-048-0015 - Instructor Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
To be certified as an instructor, a candidate shall:
(1) Be at least 21 years of age.
(2) Have experience in the safe use of lawful
			 hunting weapons.
(3) Not have been
			 convicted of or have forfeited bail for a violation of any of the wildlife laws
			 within five years of application.
(4) Not have been convicted of a
			 felony.
(5) Not have been convicted
			 of a misdemeanor involving the welfare, health, safety, or victimization of a
			 minor including, but not limited to:
(a)
			 Attempted Rape III -- ORS
			 163.355;
(b) Attempted Sodomy III -- ORS
			 163.385;
(c) Sexual Abuse II -- ORS
			 163.415;
(d) Attempted Sex Abuse I -- ORS
			 163.425;
(e) Contributing to the Sexual Delinquency of
			 a Minor -- ORS 163.435;
(f) Sexual Misconduct -- ORS
			 163.445;
(g) Public Indecency -- ORS
			 163.465;
(h) Attempted Using a Child in an Obscene
			 Sexual Performance -- ORS
			 163.483;
(i) Attempted Promoting an Obscene Sexual
			 Performance by a Child -- ORS
			 163.485;
(j) Endangering the Welfare of a Minor -- ORS
			 163.575;
(k) Furnishing Obscene Materials to Minors --
			 ORS 167.065;
(l) Exhibiting an Obscene Performance to a
			 Minor -- ORS 167.075;
(m) Attempted Promotion of Prostitution --
			 ORS 167.012;
(n) Providing Liquor to a Person Under 21 --
			 ORS 471.410;
(o) Delivery of Controlled Substance to a
			 Minor -- ORS 475.995.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 48 - HUNTER/TRAPPER EDUCATION › Section 635-048-0020 - Revocation of Instructor's Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
An instructor's certificate may be revoked by the Department if
				the holder:
(1) Has falsified the
			 information requested on the application.
(2) Is convicted of or forfeits bail for a
			 violation of any of the wildlife laws.
(3) Fails to conduct the training course in
			 the prescribed manner.
(4) Fails,
			 after two notices, to provide the Department with the required records of
			 students trained and certificates of competency issued.
(5) Is convicted of a felony.
(6) Is convicted of a misdemeanor involving
			 the welfare, health, safety, or victimization of a minor including, but not
			 limited to:
(a) Attempted Rape III -- ORS
			 163.355;
(b) Attempted Sodomy III -- ORS
			 163.385;
(c) Sexual Abuse II -- ORS
			 163.415;
(d) Attempted Sex Abuse I -- ORS
			 163.425;
(e) Contributing to the Sexual Delinquency of
			 a Minor -- ORS 163.435;
(f) Sexual Misconduct -- ORS
			 163.445;
(g) Public Indecency -- ORS
			 163.465;
(h) Attempted Using a Child in an Obscene
			 Sexual Performance -- ORS
			 163.483;
(i) Attempted Promoting an Obscene Sexual
			 Performance by a Child -- ORS
			 163.485;
(j) Endangering the Welfare of a Minor -- ORS
			 163.575;
(k) Furnishing Obscene Materials to Minors --
			 ORS 167.065;
(l) Exhibiting an Obscene Performance to a
			 Minor -- ORS 167.075;
(m) Attempted Promotion of Prostitution --
			 ORS 167.012;
(n) Providing Liquor to a Person Under 21 --
			 ORS 471.410;
(o) Delivery of Controlled Substance to a
			 Minor -- ORS 475.995.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 48 - HUNTER/TRAPPER EDUCATION › Section 635-048-0030 - Issuing Duplicate Certificates of Course Completion

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Duplicate certificates of course
			 completion shall be issued only through a field office or the Salem
			 headquarters office of the Department. A permanent duplicate will be issued
			 only when the student's registration card is on file. Duplicate Certificates
			 are:
(a) Free of charge if the student is a
			 minor; or
(b) A fee of $10.00 will
			 be charged if the student is 18 yrs or older.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 48 - HUNTER/TRAPPER EDUCATION › Section 635-048-0050 - Course of Study

Current through Register Vol. 63, No. 7, July 1, 2024
The course of study will include but is not limited to
				appropriate skills, knowledge and values relating to responsible trapping. The
				Department will supply study materials for the course.
Stat. Auth.: ORS 496 & 497
Stats. Implemented: ORS 496 &
				  497
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 48 - HUNTER/TRAPPER EDUCATION › Section 635-048-0055 - Examination

Current through Register Vol. 63, No. 7, July 1, 2024
An examination covering the course material must be
				successfully completed in order to qualify for a trapping brand number. Testing
				will take place under he auspices of Department of Fish and Wildlife personnel
				and at prearranged locations.
Stat. Auth.: ORS 496 & 497
Stats. Implemented: ORS 496 &
				  497
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 48 - HUNTER/TRAPPER EDUCATION › Section 635-048-0060 - Certificate of Course Completion

Current through Register Vol. 63, No. 7, July 1, 2024
Persons successfully completing the exam and submitting an
				appropriate application will be issued a trapping brand number. This number
				will serve as the person's certificate of course completion.
Stat. Auth.: ORS 496 & 497
Stats. Implemented: ORS 496 &
				  497
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 48 - HUNTER/TRAPPER EDUCATION › Section 635-048-0080 - Master Hunter Program

Current through Register Vol. 63, No. 7, July 1, 2024
The department will administer a voluntary program for hunters
				which will include but is not limited to instruction on hunting ethics,
				wildlife management, firearms safety and landowner relations. The department
				may require completion of this program as a prerequisite for participating in
				certain controlled hunts. If a Master Hunter is convicted of, or pleads guilty
				to, a violation of the wildlife laws, the Department will suspend the person
				from the Master Hunter program for a period of five years.
Stat. Auth.: ORS 496 & 497
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146 &
				  497.360
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 48 - HUNTER/TRAPPER EDUCATION › Section 635-048-0100 - Bowhunter Education

Current through Register Vol. 63, No. 7, July 1, 2024
The department will administer a voluntary Bowhunter Education
				program for hunters which will conform to the syllabus and requirements of the
				National Bowhunter Education Foundation Bowhunter Education Program which
				includes but is not limited to instruction on bowhunting ethics, wildlife
				management, bowhunting and treestand safety and landowner relations. The
				department may require completion of this program as a prerequisite for
				participating in certain controlled hunts.
Stat. Auth.: ORS 496 & 497
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146 &
				  497.360
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0001 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
These rules govern holding and propagation of cervids in
				Oregon. Oregon's wildlife policy (ORS
				496.012) requires the Fish and
				Wildlife Commission to prevent "serious depletion of any indigenous wildlife
				species." More specifically, ORS
				497.228 requires the Commission
				to ensure that cervid propagation operations are conducted "in such manner as
				will not be harmful to existing wildlife populations." Accordingly, these rules
				regulate the private holding and propagation of cervids to protect the public's
				native wildlife. In particular, the Commission is concerned that unregulated
				holding of captive cervids would put the public's native wildlife at risk in
				terms of genetic pollution and disease.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following define terms used in these Division 049
				cervid-holding rules:
(1) "Cervids"
			 are animals of the family Cervidae (deer, elk, moose, reindeer, and
			 caribou).
(2) A "captive cervid" is
			 any live cervid held in a state of more than temporary confinement.
(3) "Department", unless otherwise specified
			 in these rules, means the Oregon Department of Fish and Wildlife.
(4) "Division Administrator" means the
			 Wildlife Division Administrator of the Oregon Fish and Wildlife
			 Department.
(5) "Director", unless
			 otherwise specified in these rules, means the Director of the Oregon Department
			 of Fish and Wildlife.
(6)
			 "Double-fenced" means two parallel lines of fence spaced no less than 10 feet
			 apart.
(7) "Escape" is when a
			 captive cervid leaves a holding facility and wanders freely without an
			 intentional or negligent act by the holder.
(8) A "hybrid" is an animal produced by
			 crossing the sperm or egg of an individual of one species or subspecies with
			 the egg or sperm of an individual of any other species or subspecies.
(9) "Native cervids" are those endemic to
			 Oregon (mule deer, black-tailed deer, white-tailed deer, Roosevelt elk, Rocky
			 Mountain elk and moose).
(10)
			 "Non-native cervids" are cervids other than native cervids.
(11) "Person" means any individual,
			 partnership, corporation, limited liability company, trust, association or
			 governmental entity.
(12) "Release"
			 is when a holder intentionally or through negligence allows a captive cervid to
			 leave a holding facility and wander freely.
(13) A "wild cervid" is a native cervid born
			 in the wild.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0015 - Basic requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Cervids
			 may not be held except as authorized by a cervid license issued by the
			 Department.
(a) To hold Rocky Mountain elk
			 (Cervus elaphus nelsoni), Roosevelt elk (Cervus elaphus roosevelti), Sika deer
			 (Cervus nippon), Muntjac deer (Muntiacus sp.), white-tailed deer (Odocoileus
			 virginianus) or black-tailed deer (Odocoileus hemionus columbianus), a Type 1
			 license is required.
(b) To hold
			 fallow deer (Dama dama) or reindeer (Rangifer tarandus), a Type 2 license is
			 required.
(c) No other species or
			 subspecies of cervids may be held under a cervid license.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0025 - Import, Export, Transport Other than to Licensed Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
unlawful
to import live cervids. However, live fallow deer
			 and/or reindeer that leave Oregon temporarily for educational or display
			 purposes may return to Oregon upon obtaining any necessary Department of
			 Agriculture permits, provided:
(a) The fallow
			 deer and/or reindeer have had no contact with other cervids while outside
			 Oregon; and
(b) The Department of
			 Fish and Wildlife is notified each time before the fallow deer and/or reindeer
			 re-enter Oregon.
(c) The Department
			 of Fish and Wildlife is provided a schedule of off facility locations and dates
			 before the fallow deer and/or reindeer are transported outside the
			 facility.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0035 - Hunting of Privately Held Cervids Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
It is unlawful to hunt, kill, or attempt to hunt or kill
				cervids held by a private party; however:
(1) Any person may slaughter such a cervid
			 for meat or leather production;
(2)
			 Any person may euthanize such a cervid for scientific, health, safety or other
			 valid husbandry concerns; and
(3)
			 The Department's Wildlife Division Administrator may authorize any person to
			 hunt or kill a captive cervid if the Division Administrator determines it would
			 be in the best interest of sound wildlife management. The Division
			 Administrator may impose conditions on such authorizations.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0045 - Release or Escape of Captive Cervids

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is unlawful to release, or to
			 negligently allow to escape, any captive cervids without first obtaining a
			 permit from the Department pursuant to ORS
			 498.052, or unless operating
			 under a rehabilitation or scientific take permit.
(2) Any cervids that have escaped or been
			 illegally released from captivity are deemed a public nuisance.
(3) Captive cervids that have escaped or been
			 illegally released from a holding facility are unprotected wildlife, and
			 therefore may be killed by any person authorized under provisions of
			 635-049-0035(3).
(4) Any person holding cervids other than
			 under a rehabilitation or scientific take license or permit must notify the
			 Department immediately of any release or escape of cervids and must, at their
			 own expense, recapture or destroy the cervids within 72 hours of discovering
			 the release or escape. If they do not recapture or destroy the released or
			 escaped cervids within 72 hours, the Department or its agent may capture or
			 destroy such cervids. The Department may seek reimbursement from the holder for
			 any expenses the State of Oregon incurs in recovering, maintaining or disposing
			 of such cervids, plus any damage to the state's wildlife or wildlife habitat.
			 In deciding whether to seek reimbursement, the Department will consider the
			 nature, scope and environmental impact of the release or escape, as well as
			 whether the holder acted promptly and in a cooperative manner to deal with the
			 release or escape. If the Department demands reimbursement, the holder must
			 reimburse the Department in full within 30 days of receipt of the written
			 demand.
(5) Any person holding
			 cervids must keep wild cervids out of enclosures holding at least one captive
			 cervid. If a wild cervid enters an enclosure holding at least one captive
			 cervid, the holder must notify the Department and remove the wild cervid as
			 soon as practicable.
(6)
			 Notwithstanding subsection (4), if the Division Administrator determines that
			 released or escaped cervids present an imminent danger to wildlife, the
			 Division Administrator may take whatever action deemed appropriate, including
			 destruction of the released or escaped cervids. Similarly, if the Division
			 Administrator determines that a holder has failed to remove a wild cervid from
			 an enclosure holding at least one captive cervid as soon as practicable, the
			 Department may remove the wild cervid.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0065 - Disease Testing; Cervid Disease Surveillance List

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person holding cervids must, after
			 discovery of the death of any captive cervid in their custody:
(a) Report the death to a Department
			 veterinarian by telephone, electronic mail or fax within 24 hours, providing
			 animal ID number, date, and cause of death; and
(b) Test the cervid per the requirements of
			 the Cervid Disease Surveillance List (CDSL). Table 1 summarizes the current
			 requirements of the CDSL. Paragraph (2) below addresses those requirements in
			 detail. [Table not included. See ED. NOTE.]
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0067 - Voluntary Chronic Wasting Disease Monitored Herd Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any licensed
			 Type I cervid holder may enroll their herd in the CWD monitored herd program if
			 the holder chooses to comply with the testing requirements of OAR
			 635-049-0065(1)-(2)
			 by having the samples taken by a federally accredited veterinarian (other than
			 the holder or a member of the holder's immediate family). A federally
			 accredited veterinarian is a veterinarian approved by the U.S. Department of
			 Agriculture pursuant to 9 Code of Federal Regulations Part 161 (Jan. 1,
			 2007).
(2) New facilities enrolling
			 in the program begin monitored status when the herd inventory is completed by
			 either the Department or Oregon State Police. Once a herd is enrolled, the
			 Department will, each year by the anniversary of the herd's enrollment, assess
			 the status of that herd's CWD testing data for the previous year.
(a) If the herd has not yet completed its
			 first year of the certification program, or otherwise fails to meet the testing
			 requirements in OAR 635-049-0065(2)(b)(A),
			 the Department will designate that herd as "CWD monitored, status
			 unknown."
(b) If the herd has been
			 identified as CWD-affected, -exposed or -traced, the Department will designate
			 that herd as "CWD monitored, status pending". "Traced" means that a records
			 check has traced a member of the herd to another herd which was affected by
			 CWD.
(c) If the herd has at least
			 one documented case of CWD as determined by the National Veterinary Services
			 Lab at Ames, Iowa, the Department will designate that herd as "CWD
			 positive."
(d) If the herd has
			 completed its first full year of the program, and its testing data has met all
			 requirements of these rules and shows no CWD affect, exposure or tracing, the
			 Department will designate that herd as "CWD monitored, no evidence of
			 CWD".
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0069 - Recaptured Cervids

Current through Register Vol. 63, No. 7, July 1, 2024
Where a captive cervid has escaped from a licensed facility and
				been recaptured, the Department may, where the Department determines it
				necessary to guard against disease, require that the cervid be subjected to
				nonlethal disease testing.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0071 - Obligation to Report Disease Incidents

Current through Register Vol. 63, No. 7, July 1, 2024
Any cervid license holder with knowledge that a cervid in his
				or her licensed Type 1 facility has any of the diseases on the Cervid Disease
				Surveillance List (or has been exposed to any of those diseases) must promptly
				report that fact to the Department and the State
				Veterinarian:
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0073 - Disease Testing and Genetic Requirements for Importation of Cervid Gametes and Embryos

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before
			 importing any cervid gamete or embryo into Oregon, a cervid holding licensee
			 must submit for the Department's review and approval a list of test results and
			 genetic information from the donor cervid. To qualify for approval, the test
			 results and genetic information must prove to the Department's satisfaction
			 that:
(a) No more than 30 days prior to
			 submission, the donor cervid tested negative for brucellosis;
(b) No more than 90 days prior to submission,
			 the donor cervid tested negative for bovine tuberculosis;
(c) The donor cervid has not been present in
			 an area of CWD risk; and
(d) The
			 donor cervid is a species which the licensee is licensed to hold in
			 Oregon.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0075 - Genetic Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Any person holding cervids must comply with the following
				genetics management requirements:
(1)
			 The holder must inform the Department in advance of any in vitro fertilization
			 or artificial insemination of captive cervids;
(2) Upon demand by the Department, the holder
			 must verify that a cervid born from in vitro fertilization or artificial
			 insemination is of a species or subspecies authorized by the holder's
			 license.
(3) The Department may, at
			 its discretion and expense, subject any captive cervids to genetic
			 analysis;
(4) If the Department
			 determines that an unauthorized cervid exists at a cervid holding facility, the
			 holder must have all cervids in the facility genetically tested as directed by
			 the Department and at the holder's expense. An "unauthorized cervid" is one
			 which was not listed in the holder's annual report for the previous year or one
			 of a species or subspecies (or a hybrid of a species) which is not authorized
			 by the holder's license.
(5) If the
			 Department determines that a holder is holding any unauthorized cervids, the
			 holder must kill or otherwise legally dispose of those cervids within 30 days
			 of the Department's determination. The Department bears no liability for such a
			 determination. "Otherwise legally dispose" means to legally export from Oregon
			 or transfer to a licensed Oregon facility that is authorized to hold such
			 cervids.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0085 - Licenses Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Cervid
			 holding licenses must be renewed annually and are valid for as long as a
			 licensee complies with all requirements of OAR chapter 635 division
			 049.
(2) Cervid holding licenses
			 are specific to the holder and to the holding facility described in the
			 license.
(3) When the Department
			 issues or renews a license to a corporation, limited partnership or limited
			 liability company or trust, the Department will require a joint and several
			 personal guarantee from each shareholder, stockholder, limited partner, general
			 partner, member, trustee, current beneficiary or other principal. The personal
			 guarantee must address liability for costs as provided in OAR
			 635-049-0045.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0095 - Decision Standard for Issuing a License

Current through Register Vol. 63, No. 7, July 1, 2024
The decision standard for issuing a cervid license is whether
				the proposed cervid holding operation would tend to be harmful to wildlife
				populations then existing in the wild, especially native wildlife. Any person
				whose license application the Department proposes to deny may request a
				contested case hearing within 14 days of notice of the proposed
				decision.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0105 - Decision Standard for Suspending, Revoking or Refusing to Renew a License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 following are grounds for suspending, revoking or refusing to renew a license.
(a) That the licensee (or the licensee's
			 officer, director, shareholder, partner, member, manager or employee) was
			 convicted or admitted violation of these rules or any other provision of the
			 wildlife laws at the licensed facility or in connection with the licensed
			 operation; or
(b) A finding by the
			 Department that continued operation would tend to be harmful to wildlife
			 populations then existing in the wild, especially native wildlife.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0115 - Disposition of Cervids Upon License Suspension, Revocation, Nonrenewal or Denial

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 90
			 days after any of the following events, any person holding cervids must dispose
			 of the cervids:
(a) Suspension, revocation or
			 expiration of the cervid license;
(b) Denial of an application for license;
			 or
(c) Receipt of a notice from the
			 Department informing the holder that the cervid(s) is/are not authorized by
			 license.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0125 - Control of Disease Outbreaks

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Diseased captive cervids posing an imminent danger to public health, wildlife
			 or livestock constitute a public nuisance.
(2) Upon a finding that an outbreak of
			 communicable disease among captive cervids poses imminent danger to public
			 health, wildlife or livestock requiring prompt action, the Department may order
			 the holder to destroy, confine or transfer by a specified deadline any or all
			 cervids they hold.
(3) If a holder
			 fails to take the action ordered by the Department pursuant to paragraph (2),
			 the Department or its agents may enter the holder's facility and take the
			 action. The holder is liable for any costs the State of Oregon so incurs. The
			 Department bears no liability for such actions.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0135 - General Requirements for Holding Cervids

Current through Register Vol. 63, No. 7, July 1, 2024
NOTE:
This section establishes general
				requirements applicable to all cervid holders. The sections governing Type 1
				and Type 2 cervid licenses impose additional, more specific requirements
				concerning particular aspects of cervid holding
(1) A holder must treat captive cervids in a
			 humane manner, and provide food and water in sufficient quantity and quality to
			 maintain the cervids in a healthy condition. In addition, the holder must
			 comply with ORS 167.310 through
			 167.340 inclusive (concerning
			 humane treatment of animals) and any applicable requirements concerning water
			 quality.
(2) A holder must maintain
			 cervid holding facilities in a sanitary condition and provide adequate room for
			 exercise.
(3) A holder must ensure
			 that cervid holding facilities, including vegetation management and individual
			 pasture and paddock size, allow daily, ground level observation of all cervids.
			 "Ground level observation" does not necessarily require a single observation
			 point. In addition to any applicable fencing standards under these rules, the
			 following requirements apply:
(a) Maximum
			 facility size is 300 contiguous acres, unless a facility plan has been approved
			 by the Director as an exemption.
(b) A holder's facility must prevent ingress
			 of wild cervids into the facility and egress of captive cervids from the
			 facility, plus maintain complete separation of captive and wild cervids at all
			 times.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0145 - Sale or Exchange

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The sale or
			 exchange of live cervids, cervid embryos and cervid gametes is prohibited,
			 except that live cervids, embryos and gametes may be sold or exchanged if
			 legally held under an Oregon cervid license and only if:
(a) Sold to others who are authorized to hold
			 cervids legally outside the state of Oregon; or
(b) Sold to or exchanged with the holder of
			 an Oregon cervid license valid for that species or subspecies.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0165 - Type 1 Cervid Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Type 1 cervid license is required to hold Rocky Mountain elk, Roosevelt elk,
			 Sika deer, Muntjac deer, white-tailed deer or black-tailed deer. No hybrid
			 cervids are allowed except as authorized in OAR
			 635-049-0015(3).
(2) A Type 1 cervid license is valid as long
			 as the licensee complies with all requirements of these rules, but must be
			 renewed annually. The fee for a Cervid Propagation License - Type 1 shall be
			 $60.50 (plus a $2.00 license agent fee) annually.
(3) Type 1 cervid licenses are allocated as
			 follows:
(a) The number of Type 1 cervid
			 licenses for commercial or exhibition holding of Rocky Mountain elk, and/or
			 Roosevelt elk and their hybrids is limited to 16. Commercial operations are
			 those intending to sell elk or their parts or products. Exhibition operations
			 are operations intending to display elk. These are the Type 1 commercial and
			 exhibition licenses as of May 9, 2008: [Table not included. See ED.
			 NOTE.]
(b) Licenses for commercial
			 and exhibition holding are also subject to the following additional
			 restrictions:
(A) New facilities for Type 1
			 cervid licenses for commercial or exhibition holding of Roosevelt elk must be
			 located west of the crest of the Cascade Mountains.
(B) New facilities for Type 1 cervid licenses
			 for commercial or exhibition holding of Rocky Mountain elk must be located east
			 of the crest of the Cascade Mountains.
(C) No new Type 1 cervid licenses will be
			 issued for commercial or exhibition holding of hybrids of Roosevelt elk and
			 Rocky Mountain elk.
(c)
			 Type 1 cervid licenses for commercial or exhibition holding of Sika deer,
			 Muntjac deer, White-tailed deer or Black-tailed deer are limited to those
			 issued on or before January 20, 1993.
(d) There is no limit on the number of
			 licenses the Department may issue for holding Type 1 species for scientific
			 research, education or conservation operations. Before a license can be issued
			 for these purposes, the Director must first determine that the application is
			 submitted by an individual or organization involved in a bona fide scientific
			 research, education or conservation project and that the operation will result
			 in an overwhelming benefit to wildlife or wildlife habitat in Oregon.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0175 - License Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 applicant seeking a license for the first time must submit to Department
			 headquarters the following information on a form provided by the Department:
(a) The species, subspecies and number of
			 cervids to be held;
(b) Date of
			 application;
(c) Location and size
			 of facility;
(d) Whether the
			 applicant is an individual, partnership, corporation, limited liability company
			 or other legal entity. If a partnership, the application must provide the full
			 names and addresses of the partners. If a corporation, the application must
			 provide the full names and addresses of all officers, directors and
			 stockholders. If a limited liability company, the application must provide the
			 full names and addresses of all members and managers. If the applicant is
			 structured as a tiered organization, the application must provide the full
			 names and address of all of the partners; or officers, directors and
			 stockholders; or members and managers of each constituent entity within the
			 tiered organization;
(e) A diagram
			 of the proposed facility and its relationship to local landforms (e.g., bodies
			 of water, hills, roadways, etc.);
(f) A description of the applicant's
			 technical ability to successfully maintain and operate a cervid holding
			 facility;
(g) Whether the applicant
			 (or any of its partners, officers, directors, shareholders, members, managers
			 or employees) has been convicted of a felony or misdemeanor or otherwise found
			 or admitted to have committed any violation (criminal or civil) involving
			 natural resources (wildlife, forestry, fisheries, environment); and
(h) A statement from the appropriate local
			 planning authorities that the proposed facility complies with the local
			 comprehensive land use plan and land use ordinances.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0185 - Lottery for Elk Licenses Issued for Commercial or Exhibition Purposes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an elk
			 holding facility license for commercial or exhibition purposes becomes
			 available, the department may choose to allocate that license to a new
			 applicant by lottery.
(2) To
			 participate in the lottery, one must have qualified for a license as per OAR
			 635-049-0175(2)(b)
			 and have paid a $100 nonrefundable application fee. The lottery drawing shall
			 precede facility inspection.
(3)
			 The department will conduct the lottery by drawing names of eligible entrants
			 at random, then notifying the successful entrant in writing within 10 business
			 days;
(4) If the lottery does not
			 allocate all available licenses, the department will allocate remaining
			 licenses to qualified applicants on a first-come, first-served basis.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0195 - License Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
To renew a type 1 license, a licensee must submit a renewal
				request to the Department by November 30. Such a request must be made on the
				licensing form identified in OAR
				635-049-0175 and note any and
				all changes that have occurred since the last license application was approved.
				OAR 635-049-0105 governs the
				Department's decision. A license will be deemed relinquished if a renewal
				application is not submitted by November 30. The license period is January 1
				through December 31.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0205 - Record keeping

Current through Register Vol. 63, No. 7, July 1, 2024
Licensees must keep accurate, legible and up-to-date records
				of:
(1) all movement of cervids
			 (including gametes and embryos) into or out of their facility. At minimum,
			 these records must include all sales, purchases, loans (of cervids), trades, or
			 other such transactions involving cervids, as well as any cervid births or
			 deaths at the facility. Each record must refer to individual cervids by their
			 unique mark and ear tag and list the names, addresses, and license or permit
			 numbers of any individuals or entities involved in the transactions;
(2) Calving and fawning;
(3) Escape or release;
(4) Disease testing;
(5) Artificial insemination and embryo
			 implants; and
(6) Each cervid's
			 pedigree.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0225 - Inspection of Facilities and Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each licensee must agree, as a condition
			 of the license, to allow the Department, the Oregon Department of Agriculture,
			 or the Oregon State Police to inspect any cervids, any records of the cervid
			 holding operation and any facilities related to the holding operation. No
			 advance notice is required, but in the absence of an emergency or other exigent
			 circumstance such inspections will be limited to regular business hours (8 a.m.
			 to 5 p.m.) seven days a week.
(2)
			 Nothing in this rule authorizes the warrantless search of a
			 residence.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162,
				  497.228,
				  498.002,
				  498.019,
				  498.052 &
				  174.106
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0235 - Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each licensee
			 must:
(a) Within 30 days after the birth of
			 any calf in its facility, report that birth to the Department; and
(b) By January 31 each year, submit to the
			 Department an annual report for the previous year.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0245 - Fencing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
To prevent contact between captive and wild cervids and
				therefore protect wild cervids from disease and genetic risks, a cervid holding
				facility subject to a Type 1 license must meet the following
				requirements:
(1) For new or
			 transferred licenses: The facility must be double-fenced with wire mesh along
			 its entire exterior perimeter boundary.
(2) For each of the facilities licensed as of
			 May 9, 2008:
(a) If, at any time, the
			 Department determines that the facility contains or contained a diseased
			 cervid, the facility must be double fenced with wire mesh along its entire
			 exterior perimeter boundary. A "diseased cervid" means a cervid infected with a
			 disease listed on the Cervid Disease Surveillance List or a disease determined
			 by the Department to pose a population health threat to Oregon's wild cervids.
			 The licensee must comply with these fencing requirements within 30 days after
			 receipt of the Department's determination or (if the captive cervid herd has
			 been eliminated because of the disease) before placing new cervids in the
			 facility.
(b) Until the Department
			 determines that the facility contains or contained a diseased cervid, as
			 provided in the foregoing paragraph (a), a facility must be at least
			 single-fenced with wire mesh along the entire exterior perimeter
			 boundary.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0255 - Cervid Marking

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each cervid
			 held under a Type 1 license must be marked with:
(a) A permanent, uniquely numbered mark
			 approved in advance by the Department; and
(b) One ear tag visible from 50 feet.
			 Licensee's records must match the ear tags number and color to the animal's
			 unique permanent mark. Any lost ear tag must be replaced as soon as possible,
			 consistent with good animal husbandry practices.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 49 - PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES › Section 635-049-0260 - Cervid Propagation License - Type 2 Required

Current through Register Vol. 63, No. 7, July 1, 2024
Individuals or organizations intending to possess live fallow
				deer or reindeer for propagation or sale shall obtain a Cervid Propagation
				License -- Type 2. For the holding of fallow deer or reindeer only, a Cervid
				Propagation License -- Type 2 may serve in lieu of a Cervid Propagation License
				-- Type 1.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  497.308,
				  497.318,
				  498.002 &
				  498.052
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  497.308,
				  497.318,
				  498.002 &
				  498.052