reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 170 - WILDLIFE MANAGEMENT PLAN › Section 635-170-0001 - Black Bear Management Plan Content and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission adopted the Black Bear
			 Management Plan on July 17, 1987, and adopted the first revisions to the Plan
			 on March 17, 1993. Copies of the Plan are available through the Oregon
			 Department of Fish and Wildlife. This document provides program direction, and
			 identifies objectives and strategies to fulfill management, research, habitat,
			 and status survey needs. The Plan is also intended as an informational document
			 to assist resource management agencies with their wildlife programs.
(2) To the extent practicable, at least once
			 every five years the department shall review the black bear management plan and
			 make recommendations to the Commission for any changes to the plan. Review of
			 the plan should include incorporation of the best available science and should
			 also seek comments from other scientific experts in Oregon and other western
			 states.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146 &
				  496.162
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146 &
				  496.162
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 170 - WILDLIFE MANAGEMENT PLAN › Section 635-170-0005 - Program Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The objectives of the Black Bear Management Plan are:
(1) Recognize the black bear as an important
			 part of Oregon's fauna, valued by many Oregonians.
(2) Maintain healthy black bear populations
			 within the state into the future.
(3) Conduct a management program that
			 maintains healthy populations of black bear, and recognizes the desires of the
			 public and the statutory obligations of the Department.
Stat. 496.012, 496.138, 496.146 & 496.162
Stats. Implemented: ORS 496 .012, 496.138, 496.146 &
				  496.162
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 170 - WILDLIFE MANAGEMENT PLAN › Section 635-170-0010 - Plan Implementation

Current through Register Vol. 63, No. 7, July 1, 2024
Implementation of the Black Bear Management Plan entails the
				following actions:
(1) Obtain an
			 annual return of teeth of 30 percent or more (averaged over two consecutive
			 years) of the general season harvested black bear. A mandatory hunter check
			 requirement will be initiated if the 30 percent goal is not reached.
(2) Provide personnel and fiscal resource
			 availability permit, begin a black bear research project in western and/or
			 eastern Oregon by 1998. The projects will be designed to assist with
			 development of population estimates and measurement of population trends.
(3) Annual general harvest seasons
			 will occur between the outside dates of August 1 and November 30, as long as
			 the Plan's harvest guidelines are met. If guidelines are not met, hunting
			 restrictions will be employed as directed in the Plan.
(4) Continue damage control efforts with a
			 variety of methods, including controlled hunts, emergency hunts, general
			 seasons, U.S. Department of Agriculture Animal Damage Control personnel,
			 landowners, and other private individuals.
(5) Evaluate the use of alternative methods
			 to alleviate western Oregon tree damage.
Stat. 496.012, 496.138, 496.146 & 496.162
Stats. Implemented: ORS 496 .012, 496.138, 496.146 &
				  496.162
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 180 - WILDLIFE MANAGEMENT PLAN › Section 635-180-0001 - Cougar Management Plan Content and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The 2017 Oregon Cougar Management Plan
			 establishes state policy and direction for Oregon's cougar management program.
			 The 2017 Plan replaces previous plans. Chapters III (Cougar Management
			 Objectives), IV (Adaptive Management, Appendix B (Cougar Incident Response
			 Guidelines), Appendix C (Captive Cougar Kitten Guidelines), Appendix I:
			 (Glossary - Definition of Terms), and Appendix M (Process for Development and
			 Selection of Cougar Target Areas) of that 2017 Plan are incorporated here by
			 reference as administrative rule. Copies may be obtained at the Salem
			 headquarters office of the Oregon Department of Fish and Wildlife, 4034
			 Fairview Industrial Drive SE, Salem, OR 97302. The 2017 Plan also serves as an
			 informational and historical document for the Department.
(2) To the extent practicable, at least once
			 every five years the department shall review the cougar management plan and
			 make recommendations to the Commission for any changes to the plan. Review of
			 the plan should include incorporation of the best available science and should
			 also seek comments from other scientific experts in Oregon and other western
			 states.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  496.012,
				  496.138,
				  496.146 &
				  496.162
Statutes/Other Implemented: ORS
				  496.012,
				  496.138,
				  496.146 &
				  496.162
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 190 - WILDLIFE MANAGEMENT PLAN › Section 635-190-0000 - Mule Deer Management Plan Content and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The document entitled "Oregon Mule Deer Management Plan" dated
				February 2003 is incorporated by reference into these rules. Copies of the plan
				are available through the Department. The plan provides program direction,
				identifies objectives, and outline strategies to fulfill management, research,
				and habitat needs. Together with the rules establishing deer seasons, this plan
				establishes the framework and the implementation of the Department's mule deer
				program. The Commission will review the Oregon Mule Deer Management Plan when
				the Commission deems it necessary.
Stat. Auth.: ORS 183 & 496
Stats. Implemented: ORS 183 &
				  496
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 190 - WILDLIFE MANAGEMENT PLAN › Section 635-190-0010 - Plan Objectives for Mule Deer Management

Current through Register Vol. 63, No. 7, July 1, 2024
The table entitled "2016 Mule Deer Winter Population and Buck
				Ratio Management Objectives (MO)" is incorporated by reference as part of the
				Oregon Mule Deer Management Plan.
Stat. Auth.: ORS 183 & 496
Stats. Implemented: ORS 183 &
				  496
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 195 - WILDLIFE MANAGEMENT PLAN › Section 635-195-0000 - Black-tailed Deer Management Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The goal of black-tailed deer management is to manage black-tailed deer
			 populations in Oregon to be consistent with both the available habitat of all
			 lands of the state and the Oregon Conservation Strategy, compatible with
			 primary land uses, and to provide optimum recreational benefits to the
			 public.
(2) Objectives to
			 accomplish this goal are to:
(a) Actively seek
			 opportunities to work with all land owners and managers including Native
			 American Tribes to restore, retain or develop black-tailed deer
			 habitat.
(b) Increase cooperative
			 efforts with private landowners to actively promote black-tailed deer habitat,
			 considering, and remaining consistent with, primary uses of the land.
(c) Increase cooperative efforts with
			 federal, state, and tribal land managers to actively promote creation,
			 maintenance, enhancement, and restoration of black-tailed deer
			 habitat.
(d) Manage black-tailed
			 deer populations to attempt to achieve escapement (buck ratios) and populations
			 at benchmark levels while collecting information over the next five years to
			 develop Management Objectives.
(e)
			 Enhance all recreational, consumptive, and cultural uses of the black-tailed
			 deer resource.
(f) Provide timely
			 response to property damage concerns.
(g) Identify key data needs and develop plans
			 to promote and implement collaborative research projects.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 200 - SALE, PURCHASE OR EXCHANGE OF WILDLIFE PARTS (EXCLUDING MARINE AND COMMERCIAL FISH, SHELLFISH AND MARINE INVERTEBRATES) › Section 635-200-0000 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 ORS 498.022states that except as provided by rule adopted by the commission, no
			 person may purchase, sell or exchange, or offer to purchase, sell or exchange
			 any wildlife parts. The purpose of these rules is to provide in one division
			 all rules allowing the sale, purchase, or exchange of wildlife parts.
(2) Each exception to the statutory
			 prohibition applies only to the parts of lawfully taken animals. Unless
			 otherwise specifically allowed by law, the sale, purchase or exchange of the
			 parts of any wildlife that was taken unlawfully continues to be prohibited. In
			 the case of any enforcement action for violation of these rules, the burden of
			 proving that the animal was taken lawfully is on the person who sells,
			 purchases, or exchanges wildlife parts.
Stat. Auth.: ORS 96.012, ORS
				  496.138, ORS
				  496.146, ORS
				  498.019, ORS
				  498.022 & ORS
				  498.042
Stats. Implemented: ORS
				  496.012, ORS
				  496.138, ORS
				  496.146, ORS
				  498.019, ORS
				  498.022 & ORS
				  498.042
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 200 - SALE, PURCHASE OR EXCHANGE OF WILDLIFE PARTS (EXCLUDING MARINE AND COMMERCIAL FISH, SHELLFISH AND MARINE INVERTEBRATES) › Section 635-200-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 specifically stated otherwise in this rule, terms used in this division retain
			 the meaning accorded them under other divisions of OAR chapter 635 and the
			 governing statutes.
(2) "Bona fide
			 scientific or educational institution means":
(a) A career school granted authority to
			 operate under ORS 341;
(b) A
			 community college established under ORS chapter 345.010 to 345.450;
(c) An education service district as defined
			 in ORS 334.003;
(d) The Oregon Health and Science
			 University;
(e) A public high
			 school;
(f) A public university
			 listed in ORS 352.002;
(g) Any institution not otherwise listed in
			 the subparagraph that is exempt from ORS
			 348.594 to
			 348.615 under ORS
			 348.597(2); or
			 a zoo or aquarium that is accredited under standards the equal or exceed the
			 accreditation standards of the Association of Zoos and Aquariums in effect on
			 the effective date of this 2017 Act.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 200 - SALE, PURCHASE OR EXCHANGE OF WILDLIFE PARTS (EXCLUDING MARINE AND COMMERCIAL FISH, SHELLFISH AND MARINE INVERTEBRATES) › Section 635-200-0020 - Furbearing and Unprotected Mammals Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may sell, purchase or exchange
			 the pelt, carcass or any part thereof, of any legally taken furbearing or
			 unprotected mammal as allowed by OAR 635 division 50.
(2) Any person may purchase unprocessed
			 furbearing or unprotected mammal pelts, provided that such pelts are purchased
			 from the furtaker who took the furbearer and that the pelts are purchased for
			 personal use and not for resale. For any furbearer pelt purchased under this
			 section, the purchaser must retain a record of the furtaker's brand.
(3) Any licensed fur dealer may sell,
			 purchase or exchange unprocessed furbearer pelts pursuant to OAR
			 635-200-0030.
(4) Any person may sell, purchase, or
			 exchange unprocessed unprotected mammal pelts.
(5) Any person may sell, purchase, or
			 exchange processed furbearing or unprotected mammal pelts, carcasses and parts
			 thereof.
(6) A licensed furtaker
			 may sell or exchange, and any person may purchase, road-killed furbearers or
			 unprotected mammals, provided that:
(a) The
			 road kill is taken by a licensed furtaker during an authorized season for
			 hunting or trapping the species, and
(b) The sale is made by the licensed furtaker
			 who took the road kill.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 200 - SALE, PURCHASE OR EXCHANGE OF WILDLIFE PARTS (EXCLUDING MARINE AND COMMERCIAL FISH, SHELLFISH AND MARINE INVERTEBRATES) › Section 635-200-0040 - Certain Extant Furbearer and Other Species Lawfully Obtained Out of State

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 may purchase, sell, or exchange the carcass or parts of the following species,
			 provided that the animal was lawfully taken and the carcass or parts were
			 lawfully obtained outside Oregon, as documented by appropriate regulatory
			 agency, business or other reliable records:
(a) Lynx (Lynx lynx);
(b) Wolverine (Gulo gulo);
(c) Wolf (Canis lupis);
(d) Fisher (Martes pennanti);
(e) Kit fox (Vulpes velox);
(f) Ringtail (Bassariscus astutus).
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 200 - SALE, PURCHASE OR EXCHANGE OF WILDLIFE PARTS (EXCLUDING MARINE AND COMMERCIAL FISH, SHELLFISH AND MARINE INVERTEBRATES) › Section 635-200-0050 - Deer, Elk, and Antelope (Pronghorn)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provisions of this rule do not apply
			 to carcasses or parts thereof from deer or elk salvaged pursuant to OAR
			 635-043-0175. No portion of deer
			 or elk salvaged pursuant to OAR
			 635-043-0175 may be purchased,
			 sold, or exchanged.
(2) Any person
			 may purchase, sell, or exchange processed hides, hooves, dewclaws, sinews, or
			 capes of deer (Odocoilius hemionus or O. virgininanus), elk (Cervus canadensis)
			 or antelope (pronghorn) (Antilocapra americana).
(3) Any person may sell or exchange the
			 unprocessed hides, hooves, dewclaws, sinews, or capes of a deer, elk, or
			 antelope legally taken during an authorized hunting season.
(4) Any person may sell, purchase, or
			 exchange any bone, elk ivory "buglers" or other part of the skeletal structure
			 of a deer or elk, except the skull.
(5) Any person may sell or exchange lawfully
			 taken antlers which are detached from the skull, skull is split apart between
			 the antlers or naturally shed antlers to a licensed antler dealer for use only
			 in manufacturing handcrafted items from parts of these antlers. Handcrafted
			 items do not include complete sets of antlers or whole heads and antlers which
			 are mounted for display or other purposes. Any person may purchase such
			 lawfully manufactured handcrafted items.
(6) Except as provided in subsection 7, any
			 person desiring to purchase or exchange unprocessed deer, elk, and antelope
			 hides, hooves, dewclaws, or sinews must first secure a Hide Dealer Permit.
			 Clients of a taxidermist do not need this permit when a taxidermist provides
			 the hide for mounting a client's legally taken antler or horn.
(a) Any person desiring to purchase or
			 exchange antlers for use in the manufacture of handcrafted items must first
			 secure an Antler Dealers Permit. Antlers may not be purchased unless antlers
			 are detached from the skull, the skull is split apart between antlers, or the
			 antlers are naturally shed;
(b)
			 Hide and Antler Dealer Permits may be obtained by applying to the Oregon
			 Department of Fish and Wildlife.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 200 - SALE, PURCHASE OR EXCHANGE OF WILDLIFE PARTS (EXCLUDING MARINE AND COMMERCIAL FISH, SHELLFISH AND MARINE INVERTEBRATES) › Section 635-200-0060 - Fallow Deer, Reindeer, and Sika Deer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may sell, purchase or exchange
			 the meat, antlers, or other parts of a fallow Deer (
Dama
			 dama
), reindeer (
Rangifer tarandus
) or sika deer
			 (
Cervus nippon
).
(2) Any person may sell, purchase or exchange
			 the meat, antlers, or other parts of any other nonnative cervid.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146,
				  498.019,
				  498.022 &
				  498.042
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146,
				  498.019,
				  498.022 &
				  498.042
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 200 - SALE, PURCHASE OR EXCHANGE OF WILDLIFE PARTS (EXCLUDING MARINE AND COMMERCIAL FISH, SHELLFISH AND MARINE INVERTEBRATES) › Section 635-200-0070 - Moose

Current through Register Vol. 63, No. 7, July 1, 2024
Any person may sell, purchase, or exchange the following parts
				of moose (
Alces alces
):
(1) The hide;
(2) Any bone or other part of the skeletal
			 structure, except the skull; and
(3) Antlers (if detached from the skull, if
			 skull is split apart between antlers or if antlers are naturally
			 shed).
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146,
				  498.019,
				  498.022 &
				  498.042
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146,
				  498.019,
				  498.022 &
				  498.042
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 200 - SALE, PURCHASE OR EXCHANGE OF WILDLIFE PARTS (EXCLUDING MARINE AND COMMERCIAL FISH, SHELLFISH AND MARINE INVERTEBRATES) › Section 635-200-0080 - Wildlife Not Native to Oregon

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as provided in ORS
			 498.022 and this rule, any
			 person may sell, purchase or exchange the parts of any species other than those
			 species listed in Appendix 5 ("Extant, Self-Sustaining Oregon Vertebrates by
			 Physiographic Provinces, Selected Community Types and Selected Habitat
			 Components") of the Oregon Wildlife Diversity Plan 1993-1998 (November
			 1993).
(2) Any person may sell,
			 purchase, or exchange the inedible parts of bullfrogs (
Rana
			 catesbeiana
).
(3) The
			 sale, purchase, or exchange of nonnative cervid parts is governed by section 60
			 of this rule.
(4) Except as
			 provided in ORS 498.022, this rule, or other
			 rules of the commission, no person may purchase, sell, offer for sale, or
			 possess with the intent to sell any "covered animal species" part or
			 product.
Statutory/Other Authority: ORS
				  496.012,
				  496.138,
				  496.146,
				  498.019,
				  498.022 &
				  498.042
Statutes/Other Implemented: ORS
				  496.012,
				  496.138,
				  496.146,
				  498.019,
				  498.022 &
				  498.042
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 200 - SALE, PURCHASE OR EXCHANGE OF WILDLIFE PARTS (EXCLUDING MARINE AND COMMERCIAL FISH, SHELLFISH AND MARINE INVERTEBRATES) › Section 635-200-0090 - Sale of Meat

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may
			 sell or purchase food items prepared with the meat of game birds (except
			 migratory waterfowl), game mammals or fish donated as part of:
(a) Fund raisers held by trapping, hunting or
			 fishing organizations, or churches, schools and other nonprofit charitable
			 organizations, provided that the wildlife was not taken under a damage control
			 permit; or
(b) Charitable use by
			 churches, schools and other nonprofit charitable organizations.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 200 - SALE, PURCHASE OR EXCHANGE OF WILDLIFE PARTS (EXCLUDING MARINE AND COMMERCIAL FISH, SHELLFISH AND MARINE INVERTEBRATES) › Section 635-200-0100 - Birds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Concerning
			 gallinaceous birds (pheasants, turkeys, quail, and grouse):
(a) Any person may sell, purchase or exchange
			 the carcass, meat or parts of propagated birds; and
(b) Sell, purchase or exchange parts, but not
			 the meat, of wild birds;
(c) This
			 exception does not apply to the sale, purchase, or exchange of the parts or
			 meat of wild sharptailed grouse (
Tympanuchus phasianellus
),
			 sage grouse (
Centrocercus urophasianus
), and spruce grouse
			 (
Dendragapus canadensis
).
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 200 - SALE, PURCHASE OR EXCHANGE OF WILDLIFE PARTS (EXCLUDING MARINE AND COMMERCIAL FISH, SHELLFISH AND MARINE INVERTEBRATES) › Section 635-200-0110 - Rendering

Current through Register Vol. 63, No. 7, July 1, 2024
Any person may sell, purchase, or exchange the fats, oils, and
				similar end products of the process of rendering wildlife carcasses or
				parts.
Stat. Auth.: ORS
				  496.012, ORS
				  496.138, ORS
				  496.146, ORS
				  498.019, ORS
				  498.022 & ORS
				  498.042
Stats. Implemented: ORS
				  496.012, ORS
				  496.138, ORS
				  496.146, ORS
				  498.019, ORS
				  498.022 & ORS
				  498.042
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 200 - SALE, PURCHASE OR EXCHANGE OF WILDLIFE PARTS (EXCLUDING MARINE AND COMMERCIAL FISH, SHELLFISH AND MARINE INVERTEBRATES) › Section 635-200-0120 - Taxidermy Mounts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A game
			 mammal taxidermy mount acquired from an Oregon resident 65 years of age or
			 older and legally harvested by the same individual, or acquired from an Oregon
			 decedent by survivorship or any form of succession, may be sold by the person
			 65 or older, or the decedent's survivor or successor, to any person, provided
			 that the seller first obtains a registration permit from the department.
(2) A registration permit requires
			 a $25.00non-refundable permit administration fee which covers processing of up
			 to five taxidermy mounts, and a processing fee of an additional $5.00 for each
			 additional mounted game mammal.
(3) To obtain a permit if the seller acquired
			 the mount(s) by survivorship or any form of succession, he or she must provide
			 the department with:
(a) An Oregon death
			 certificate for the decedent;
(b)
			 For mounts of game mammals harvested before January 1, 2017, an affidavit by
			 the seller stating that (to the best of the seller's knowledge) the decedent
			 legally harvested the game mammal and describing how the seller legally
			 acquired the mount by survivorship or succession; and
(c) For mounts of game mammals harvested on
			 or after January 1, 2017, a properly validated tag which the decedent used to
			 document legal harvest of the game mammal.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 200 - SALE, PURCHASE OR EXCHANGE OF WILDLIFE PARTS (EXCLUDING MARINE AND COMMERCIAL FISH, SHELLFISH AND MARINE INVERTEBRATES) › Section 635-200-0130 - Sale, Purchase or Exchange of Feathers

Current through Register Vol. 63, No. 7, July 1, 2024
Any person may sell, purchase, or exchange lawfully obtained
				feathers of:
(1) Bird species other
			 than those listed in
Appendix 5
("Extant, Self-sustaining Oregon
			 Vertebrates by Physiographic Provinces, Selected Community Types and Selected
			 Habitat Components" of the Oregon Wildlife Diversity Plan 1993-1998 - November
			 1993);
(2) Propagated and wild
			 gallinaceous birds, except sharp-tailed grouse (
Tympanuchus
			 phasianellus
), sage grouse (
Centrocercus
			 urophasianus
), and spruce grouse (
Dendragapus
			 canadensis
);
(3) Migratory
			 waterfowl, for the making of fishing flies, bed pillows and mattresses, and
			 similar commercial use, provided that such feathers were obtained from birds
			 killed by lawful hunting or seized and condemned by federal or state game
			 authorities.
Stat. Auth.: ORS
				  496.012, ORS
				  496.138, ORS
				  496.146, ORS
				  498.019, ORS
				  498.022 & ORS
				  498.042
Stats. Implemented: ORS
				  496.012, ORS
				  496.138, ORS
				  496.146, ORS
				  498.019, ORS
				  498.022 & ORS
				  498.042
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 200 - SALE, PURCHASE OR EXCHANGE OF WILDLIFE PARTS (EXCLUDING MARINE AND COMMERCIAL FISH, SHELLFISH AND MARINE INVERTEBRATES) › Section 635-200-0135 - Sale of Covered Animal Species

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as otherwise provided in ORS
			 498.022 or Subsection (2) of
			 this section, a person may not purchase, sell, offer for sale, or possess with
			 intent to sell any item that the person knows or should know is a covered
			 animal species part or product. There is a presumption of possession with
			 intent to sell a covered animal species part or product when the part or
			 product is possessed by a retail or wholesale establishment or other forum
			 engaged in the business of buying or selling of similar items. This rebuttable
			 presumption does not preclude a finding of intent to sell based on any other
			 evidence that may serve to independently establish such intent.
(2) Subsection (1) of this rule does not
			 apply:
(a) To employees or agents of federal
			 or state government undertaking any law enforcement activities pursuant to
			 federal or state law or any mandatory duties required by federal or state
			 law;
(b) When the activity is
			 expressly authorized by federal law;
(c) When the activity involves a species that
			 is subject to a federal management plan under Title III of P.L. 94-265
			 (16 U.S.C.
			 1851-1869), as amended; or
(d) When the activity is exempt under ORS
			 498.257(3) or
			 509.160(3);
(e) When the covered animal species part or
			 product is a fixed component of an antique that is not made wholly or primarily
			 of the covered animal species part or product, provided that the antique status
			 is established by the owner or seller thereof with documentation evidencing
			 provenance and showing the covered animal species part or product to be at
			 least 100 years old as of July 1, 2017 and provided that the total weight of
			 covered animal species part or product is less than 200 grams.
(f) When the covered animal species part or
			 product is a fixed component of a musical instrument, including, but not
			 limited to, string instruments and bows, wind and percussion instruments, and
			 pianos; provided that the instrument was legally acquired and provided that the
			 total weight of covered animal species part or product is less than 200
			 grams.
(g) To the noncommercial
			 transfer of ownership of a covered animal species part or product to a legal
			 beneficiary of estate, trust or other inheritance;
(h) To the possession of a covered animal
			 species part or product by any enrolled member of a federally recognized Indian
			 tribe; or
(i) To the sale of a
			 covered animal species part or product by or to a bona fide scientific or
			 educational institution when the sale is made pursuant to a written gift
			 agreement or similar instrument entered into before July 1, 2017.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 200 - SALE, PURCHASE OR EXCHANGE OF WILDLIFE PARTS (EXCLUDING MARINE AND COMMERCIAL FISH, SHELLFISH AND MARINE INVERTEBRATES) › Section 635-200-0140 - Confiscation, Disposal, or Cancellation or Non-Renewal of Authorization to Possess Parts or Products from Covered Animal Species

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each violation of ORS
			 498.022(2) may
			 result in confiscation or required disposal of the covered animal species part
			 or product as directed by the Department, and imposition of a civil penalty not
			 to exceed $6,500 or an amount equal to two times the total value of the covered
			 animal species part or product, whichever is higher.
(2) The Department shall provide notice of
			 its intent to confiscate or require disposal of a covered animal species part
			 or product and of its intent to impose a civil penalty in the form provided in
			 ORS 183.415.
(3) The person to whom the notice is
			 addressed shall have 20 days from the date of service of the notice in which to
			 make written application for a contested case hearing. If no application for a
			 hearing is made within the time allowed, the Department may issue a final
			 order.
(4) Final orders will be
			 issued by the Director.
(5) Any
			 civil penalty imposed pursuant to ORS
			 498.022 and this rule shall be
			 payable to the Department.
Statutory/Other Authority: 496.012, 496.138, 496.146,
				  496.675, 497.238, 497.308, 497.318 & 496.665
Statutes/Other Implemented: 496.012, 496.138, 496.146,
				  496.675, 497.238, 497.308, 497.318 &
				  496.665
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 300 - WILDLIFE DAMAGE PLANS › Section 635-300-0001 - Elkhorn Wildlife Area Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission approves the preferred
			 alternative "A" identified in the Public Review Draft of the Elkhorn Wildlife
			 Area program distributed on May 20, 1986. Approval of this alternative
			 authorizes Department purchase, easement or lease of private properties in
			 order to continue operation of the existing Elkhorn Wildlife Area Program. The
			 Commission also approves documentation presented in the Public Review Draft of
			 the Elkhorn Wildlife Area program and documents attached thereto and the July
			 7, 1986 Statewide Goal Compliance and Local Land Use Plan Compatibility Report
			 issued by and available from the Department of Fish and Wildlife at its Salem
			 headquarters office.
(2) The
			 Commission finds that:
(a) Continuation of
			 the current Elkhorn Wildlife Area program will reduce big game damage to
			 agricultural and forest uses by providing alternative feed sources at specific
			 locations under controlled and timely circumstances;
(b) The program will enable numbers of big
			 game to be maintained at a level providing optimal hunting and other
			 recreational opportunities;
(c)
			 Equitable and orderly enjoyment of wildlife will be enhanced by the public
			 access to be made available on the lands or interest therein acquired for the
			 feeding program; and
(d) The
			 benefits of continuing the existing program exceed costs of reducing or
			 discontinuing the program by assuring the economic contribution of recreational
			 hunting to the state and local economy while reducing or eliminating big game
			 damage.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 300 - WILDLIFE DAMAGE PLANS › Section 635-300-0005 - Goals and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The goals and objectives of the Elkhorn Wildlife Area Program
				are:
(1) To mitigate the loss of
			 traditional big game winter range areas along the north, west and south
			 portions of the Powder River Valley through habitat management and a
			 supplemental feeding program.
(2)
			 To provide supplemental or subsistence feed for wintering elk and deer to
			 alleviate damage to private lands.
(3) To provide habitat for big game animals
			 and other wildlife indigenous to the area.
(4) To provide hunting and other wildlife
			 oriented recreation opportunities for the general public.
Stat. Auth.: ORS Ch. 496
Stats. Implemented: ORS Ch.
				  496
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 300 - WILDLIFE DAMAGE PLANS › Section 635-300-0010 - Implementation of Policies

Current through Register Vol. 63, No. 7, July 1, 2024
Implementation of the Elkhorn Wildlife Area Program entails the
				following actions:
(1) Purchase,
			 easement or long-term lease of the five privately owned sites presently used
			 for feeding or comparable sites in the same vicinity. Purchases of the Roth
			 porperty at Hunt Mountain and the Alpine Veneer property at Muddy Creek shall
			 receive immediate priority.
(2)
			 Maintain habitat developments and damage control activities at levels necessary
			 to complement the feeding program to assure damage is controlled to the maximum
			 extent possible.
(3) Limit the
			 number of wintering elk fed to a maximum of 1,400 elk in the Elkhorn region in
			 order to continue and maintain the current operation. The number of deer to be
			 fed is not specifically limited.
(4) The Elkhorn region is defined as that
			 area east of the crest of the Elkhorn Mountains, west of Interstate 84, north
			 of Township 11 South, W.M. and south of Township 4 South, W.M. The Elkhorn
			 Wildlife Area is defined as the areas in that region owned by, leased to or
			 under easement to the Department where specific site(s) are used for
			 feeding.
(5) Annually test big game
			 animals to determine whether disease problems exist at feeding
			 stations.
(6) Develop and submit,
			 for approval by Baker and/or Union Counties, those applications that may be
			 required by each county's respective acknowledged land use plan and zoning
			 ordinance to allow big game feeding stations. Applications will address the
			 specific local land use approval standards acknowledged by the Land
			 Conservation and Development Commission. Such standards may include but may not
			 be limited to: Anticipated or needed programs for green forage; need for elk
			 proof fencing; the location of roads and barns; etc.
(7) The Elkhorn Wildlife Area Plan shall
			 specifically accept and address future programs approved by the Fish and
			 Wildlife Commission (including those recommended by the Wildlife Damage Task
			 Force) that reduce or alleviate game damage at any season.
Stat. Auth.: ORS Ch. 496
Stats. Implemented: ORS Ch.
				  496
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 300 - WILDLIFE DAMAGE PLANS › Section 635-300-0015 - Delegation of Authority

Current through Register Vol. 63, No. 7, July 1, 2024
The Director is specifically authorized to approve purchase,
				easement or long-term lease of properties from willing sellers for amounts not
				less than the fair market value and not more than the fair market value plus
				ten percent based on a current appraisal made pursuant to applicable federal
				law. ( Public Law 91-646, Uniform Relocation and Real Property Acquisition Act,
				Final Rules,
Federal Register Vol. 51 No. 39; page 7026 dated February
				27, 1986 Subpart B (Real Property Acquisition) S. 102(d) Establishment and
				Offer of Just Compensation and (i) Administrative
				Settlement
.)
Stat. Auth.: ORS Ch. 496
Stats. Implemented: ORS Ch.
				  496
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 400 - INSTREAM WATER RIGHT RULES › Section 635-400-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules set
			 the policy, procedures, criteria, standards, including flow methodologies, and
			 definitions for instream water right applications by the Department of Fish and
			 Wildlife to the Water Resources Department. Instream water rights provide for
			 protection of public uses as defined in OAR
			 635-400-0010. These rules
			 provide for the Department of Fish and Wildlife to apply for instream water
			 rights for the conservation, maintenance and enhancement of aquatic and fish
			 life, wildlife, and fish and wildlife habitat. The rules set out: the internal
			 procedures for application for and coordination of instream water rights, the
			 criteria and standards for prioritizing waterways for application, the
			 methodologies to be used in determining flow requirements and water surface
			 elevations needed for the public uses, and the process assisting with transfers
			 of regular water rights to instream water rights.
(2) In 1987, the Legislature created a new
			 type of water right called an instream water right. Instream water rights are
			 established by certificate from the Water Resources Commission, pursuant to ORS
			 537.332 to
			 537.360, to maintain and support
			 public uses within natural water bodies. The instream water right is held in
			 trust by the Water Resources Department but is regulated and enforced like all
			 other water rights. The Water Resources Department's procedures for
			 establishing instream water rights are OAR
			 690-077-0000 through
			 690-077-0100. The Department of
			 Fish and Wildlife may apply for instream water rights on any waters of the
			 state that meet the definition set out in ORS
			 537.332(1) and
			 that provide for one or more of the public uses for which the Department is
			 allowed to apply. Instream water rights allow the Department of Fish and
			 Wildlife to manage fish and wildlife to provide the optimum recreational and
			 aesthetic benefits for present and future generations of the citizens of this
			 state.
Stat. Auth.: ORS Ch. 496 & 537
Stats. Implemented: ORS Ch. 496 & 53
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 400 - INSTREAM WATER RIGHT RULES › Section 635-400-0005 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
It is the policy of the Oregon Fish and Wildlife Commission to
				apply for instream water rights on waterways of the state to conserve, maintain
				and enhance aquatic and fish life, wildlife, and fish and wildlife habitat to
				provide optimum recreational and aesthetic benefits for present and future
				generations of the citizens of this state. The long-term goal of this policy
				shall be to obtain an instream water right on every waterway exhibiting fish
				and wildlife values.
Stat. Auth.: ORS Ch. 496 & 537
Stats. Implemented: ORS Ch. 496 & 53
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 400 - INSTREAM WATER RIGHT RULES › Section 635-400-0015 - Determination of Instream Flow Measurement Methodologies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Instream flow requirements requested in
			 Department instream water right applications shall be based on the
			 methodologies and standards in this section.
(2) Discussion of and guidelines for
			 implementing the rules in this section are provided in the Oregon Department of
			 Fish and Wildlife Guidelines for Instream Flow Methodologies (1989).
(3) Habitat requirements for conservation,
			 maintenance or enhancement of fish and wildlife migration, spawning, nesting
			 brooding, egg incubation, larval or juvenile development, juvenile and adult
			 rearing and aquatic life shall all be considered when developing an instream
			 flow requirement.
(4) Fish and
			 wildlife species plans, basin and subbasin plans, management objectives,
			 statutes, administrative rules and commission polices shall be used to assist
			 in determining the required instream flows for conserving, maintaining or
			 enhancing fish or wildlife habitat or populations.
(5) Instream flow requirements shall be
			 defined by either month or half-month intervals, depending on the temporal
			 duration of particular fish and wildlife life stages.
(6) The instream flow requirement shall be
			 based on habitat criteria recommended by one of the following technical
			 sources:
(a) IFIM habitat suitability curves
			 published in a series of technical reports by the U.S. Fish and Wildlife
			 Service;
(b) The Oregon
			 Method;
(c) The Forest Service
			 Method.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 400 - INSTREAM WATER RIGHT RULES › Section 635-400-0020 - Standards for Selection of Streams or Stream Reaches for Instream Water Right Applications

Current through Register Vol. 63, No. 7, July 1, 2024
When applying for instream water rights the Department shall
				use the following resources and standards for prioritizing waterways:
(1) Fish and wildlife species plans, basin
			 and subbasin plans, management objectives, statutes, administrative rules and
			 Commission policies shall be used to determine the waterway priority for
			 applying for instream water rights.
(2) Highest priority waterways for instream
			 water right applications shall have one or more of the following conditions
			 existing at the time of application:
(a)
			 State or federal sensitive, threatened or endangered fish or wildlife species,
			 or important populations of native resident or anadromous fish, as defined by
			 fish species plans, basin and subbasin plans, management objectives, other
			 Commission policies, statutes, administrative rules, treaties or other legal
			 agreements;
(b) Important
			 populations of native wildlife species, as defined by wildlife species plans,
			 management objectives, other Commission policies, statutes, administrative
			 rules, treaties or other legal agreements;
(c) Court, Legislature or Commission mandated
			 priorities, including all protected areas as defined by the Northwest Power
			 Planning Council's protected area designations as adopted in August
			 1988;
(d) State Scenic Waterways or
			 Federal Wild and Scenic Rivers;
(e)
			 One of the conditions in subsections (2)(a) through (d) of this rule exists and
			 a potential threat to the fish or wildlife resource is identified, including
			 the threat to aquatic and fish life, wildlife and fish and wildlife habitat by
			 cumulative impacts from out-of-stream uses of water.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 400 - INSTREAM WATER RIGHT RULES › Section 635-400-0025 - Responsibilities to WRD

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall coordinate with WRD on prioritizing
				instream water rights for monitoring of flows:
(1) The Department shall coordinate with WRD
			 Watermasters to develop monitoring plans for instream water rights. Monitoring
			 plans may include:
(a) Locations and methods
			 of instream flow measurement. The downstream end of each instream water right
			 reach shall be considered the best flow measurement location, unless conditions
			 do not allow measurement at this location;
(b) Use of volunteers and Department
			 personnel to conduct monitoring;
(c) The frequency of monitoring;
(d) A system for reporting and enforcing
			 violations of instream water rights.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 400 - INSTREAM WATER RIGHT RULES › Section 635-400-0030 - Internal Process for Instream Water Right Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Instream water right requests shall be
			 initiated by Department Field Operations staff or Fish, Wildlife or Habitat
			 Conservation Division staff. The Commission, Director or Deputy Director, may
			 also initiate instream water right requests:
(a) Department staff shall submit completed
			 draft instream water right applications to the Department Instream Water Right
			 Coordinator:
(A) Prior to sending the draft
			 applications to the Department Instream Water Right Coordinator, the draft
			 instream water right applications shall be reviewed within seven working days
			 by the Department Regional Supervisor or Assistant Regional Supervisor for
			 consistency with regional direction and other Commission policies. A response
			 shall be sent within the same seven day time frame by the Department Regional
			 Supervisor or Assistant Regional Supervisor to the Department person
			 originating the request. The response shall either approve or deny the request
			 for an instream water right application;
(B) Draft applications may be hand-written or
			 typed, and shall contain all information required on he application, as set
			 forth in OAR 690-077-0020;
(C) Information in the draft application
			 shall follow the standards set out in OAR
			 635-400-0020;
(D) Draft instream water right applications
			 submitted to the Department Instream Water Right Coordinator shall be based on
			 the priorities set out in OAR
			 635-400-0020. However, a lower
			 priority waterway with readily available flow or water surface elevation
			 information may be submitted before a higher priority waterway having no
			 available flow or water surface elevation information.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 400 - INSTREAM WATER RIGHT RULES › Section 635-400-0035 - Purchase, Lease or Gift of Water Rights For Instream Water Rights

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall buy, lease, and accept as gifts water
				rights for the purpose of transferring the water right to an instream water
				right for the public uses and purposes set forth in OAR
				635-400-0000 through
				635-400-0035:
(1) Donors of gifts shall be recognized
			 through a formal Commission process.
(2) Water rights that may be transferred to
			 instream water rights shall be reviewed for potential benefits and adverse
			 impacts to fish and wildlife or their habitats, angling, hunting, trapping or
			 nonconsumptive uses of fish or wildlife:
(a)
			 Standards set out in OAR
			 635-400-0020 shall apply to
			 prioritize water rights that are to be bought or leased;
(b) Gifts of water rights shall be accepted
			 regardless of priorities set out in OAR
			 635-400-0020, if the transfer
			 does not harm fish or wildlife or their habitats, angling, hunting, trapping or
			 noncon-sumptive uses of fish or wildlife.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 400 - INSTREAM WATER RIGHT RULES › Section 635-400-0037 - Public Involvement

Current through Register Vol. 63, No. 7, July 1, 2024
Any individual, organization or public agency may request the
				Department apply for an instream water right on a waterway.
(1) The Department Instream Water Right
			 Coordinator shall review the request with the appropriate Department District
			 and Region to determine the Department priority of the waterway
			 requested.
(2) If the request is
			 determined to be for a high priority waterway, as defined by OAR 635-400-0002,
			 the Department Instream Water Right Coordinator may apply for the instream
			 water right, after determining the instream flow requirement in accordance with
			 OAR 635-400-0015
Stat. Auth.: ORS Ch. 496 & 537
Stats. Implemented: ORS Ch. 496 & 537
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 400 - INSTREAM WATER RIGHT RULES › Section 635-400-0040 - Review and Coordination of Instream Water Right Applications Submitted by Other Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 30
			 days of receipt, the Department Habitat Conservation Division shall review and
			 return comments on all draft instream water right applications from other
			 agencies, in accordance with OAR
			 690-077-0020, for potential
			 adverse impacts or benefits to fish and wildlife populations or their habitats,
			 angling, hunting, trapping and nonconsumptive uses of fish and wildlife:
(a) Every effort shall be made by the
			 Department to resolve conflicts with draft applications, identified in section
			 (1) of this rule, before the applications are submitted to WRD by other
			 agencies;
(b) The Department
			 Instream Water Right Coordinator shall track the WRD process for instream water
			 right applications submitted by other agencies in which the Department has an
			 interest.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 405 - STATE AGENCY COORDINATION PROGRAM › Section 635-405-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to establish the procedures to be
				used by the Department in implementing the provisions of its State Agency
				Coordination Program, as required by ORS
				197.180 and OAR Chapter 660,
				Divisions 030 and 031. The State Agency Coordination program will assure that
				Department programs and actions determined to affect land use shall comply with
				the statewide planning goals and are compatible with acknowledged city and
				county comprehensive plans and land use regulations. It is not the intent of
				these rules to authorize local governments to prevent the Department from
				carrying out its statutory responsibility to manage wildlife and develop
				habitat protection standards.
Stat. Auth.: ORS Ch. 197 & 496
Stats. Implemented: ORS Ch. 197 &
				  496