Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 435 - WILDLIFE CONTROL OPERATORS › Section 635-435-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of these rules the following definitions
				apply:
(1) "Agent" means an individual
			 or business conducting wildlife control activities for a fee for a property
			 owner, legal occupant, local jurisdiction or agency to take furbearers,
			 unprotected mammals, wild turkeys and western gray squirrels for the purpose of
			 reducing property damage, removing nuisance animals, or resolving public health
			 threat or safety concerns caused by wildlife.
(2) "Damage" means loss of or harm inflicted
			 on land, livestock or agricultural or forest crops.
(3) "Department" means Oregon Department of
			 Fish and Wildlife.
(4) "Display for
			 public exhibit" means to place or locate wldlife so that it may be viewed or
			 accessed directly by the public.
(5) "Euthanasia" means to humanely end the
			 life of an individual animal by a person in a way that minimizes or eliminates
			 pain and distress as defined in the "American Veterinary Medical Association
			 (AVMA) Guidelines for the Euthanasia of Animals: 2020 Edition."
(6) "Forestland" means land that is used for
			 the growing and harvesting of forest tree species, regardless of how the land
			 is zoned or taxed or how any state or local statutes, ordinances, rules or
			 regulations are applied.
(7)
			 "Furbearers" are beaver, bobcat, fisher, marten, mink, muskrat, otter, raccoon,
			 red fox, and gray fox. For any person owning, leasing, occupying, possessing or
			 having charge of or dominion over any land (or an agent of this person) who is
			 taking or attempting to take beaver or muskrat on that property, these two
			 species are considered predatory animals.
(8) "Notification" means that the Wildlife
			 Control Operator (WCO) conducting wildlife control activities has been
			 contacted by the client or designee by phone, text, email, fax, or in person
			 that a trap has been closed, with a live animal inside.
(9) "Possess" means to have control or
			 exercise dominion over any wildlife or wildlife parts (OAR
			 635-045-0002(53).
(10) "Predatory animals" means coyotes,
			 rabbits, rodents (except beaver), and feral swine which are or may be
			 destructive to agricultural crops, products and activities (ORS
			 610.002 &
			 610.105). This definition is
			 applicable where wildlife is taken under the authority of one who owns leases,
			 occupies, possesses or has charge or dominion over the land. Muskrats, western
			 gray squirrels (Sciuris griseus), gophers, mountain beaver (boomer), marmot,
			 nutria, and porcupine causing damage on private property are defined as
			 predatory animals under ORS
			 610.002.
(11) "Prohibited species" means wildlife that
			 the commission has placed on the Prohibited list in its Wildlife Integrity
			 Rules (OAR 635-056-0050 &
			 635-056-0130).
(12) "Protected wildlife" means any species
			 that meets any of the following definitions: "game mammals" as defined in OAR
			 635-045-0002, "game birds" as
			 defined in OAR 635-045-0002, "furbearers" as
			 defined in OAR 635-045-0002, "threatened and
			 endangered species" as listed in OAR
			 635-100-0125, or "nongame
			 wildlife protected" as defined in OAR
			 635-044-0130 or is otherwise
			 protected by statute or law.
(13)
			 "Public Nuisance" means loss of or harm inflicted on persons, gardens,
			 ornamental plants, ornamental trees, pets, vehicles, boats, structures, or
			 other personal property (ORS
			 498.012).
(14) "Unprotected Mammals" means badger,
			 coyote, gophers (Thomomys bottae, T. bulbivorus, T. mazama, T. talpoides and T.
			 townsendii), moles (Scapanus townsendii, S. orarius and S. latimanus), mountain
			 beaver (Apolodontia rufa), yellowbellied marmots (Marmota flaviventris),
			 nutria, opossum, porcupine, spotted skunk, striped skunk, and weasel. For any
			 person owning, leasing, occupying, possessing or having charge of or dominion
			 over any land (or an agent of this person) who is taking or attempting to take
			 coyote, gophers, mountain beaver (boomer), marmot, nutria, or porcupine on that
			 property, these six species are considered to be predatory animals.
(15) "Wildlife Control Operator" (WCO) means
			 an agent, who is the principal manager or business owner, or employee of the
			 business listed on the WCO permit and responsible for activities conducted in
			 the course of wildlife control activities.
(16) "Wild Turkey" means turkeys (Meleagris
			 gallopavo) that are free roaming on public or private lands and not being held
			 under domestic management confinement and where there has been no report to the
			 Department and/or local authorities from a landowner, manager, or occupant or
			 their representative of specifically identified and described turkey(s) having
			 escaped domestic management confinement.
Statutory/Other Authority: ORS
				  496.138, ORS Ch. 496.012,
				  496.146 & 496.162
Statutes/Other Implemented: ORS
				  496.138, ORS Ch. 496.012,
				  496.146 & 496.162