Oregon Administrative Code

635-046-0040 Definitions (1) “Approved Band” means a leg band purchased from the Department at a cost of $5.00 for 50 bands. (2) “Competitive Hunting Dog Trial” (sometimes called a “field trial”, “water trial”, “hunt test” or “picnic trial”) means an event that: (a) Is licensed, …

635-046-0045 General Regulations (1) Releasing domestically-raised game birds or using wildlife during competitive hunting dog trials, and releasing domestically-raised game birds for hunting dog and raptor training, are only allowed under a permit from the Department. (2) Wildli…

635-046-0050 Use of Wildlife for Hunting Dog and Raptor Training (1) Upland game birds, except sage grouse, sharp-tailed grouse, and spruce grouse, may be pursued to train hunting dogs from September through January, or as permitted by these rules. (2) No person may release any d…

635-046-0055 Use of Wildlife for Competitive Hunting Dog Trials (1) To hold a competitive hunting dog trial, a person must possess a “Competitive Hunting Dog Trial Permit” from the Department: (a) If domestically-raised game birds are released. (b) If wildlife is used outside the…

635-047-0005 Time, Place, and Manner of Hunting Privately Owned Game Birds (1) The time and length of season allowed any given hunting preserve shall be determined on the basis of potential conflict with wild populations, provided that no open season shall be allowed between Apri…

635-047-0010 Requirements for Licenses (1) Each hunting preserve shall contain not more than the following acreages in one continuous tract of land, owned or leased by the permittee: (a) 640 acres if the preserve is located in the area west of the summit of the Cascade Mountains;…

635-047-0015 Species (1) The species which may be released and hunted shall be listed on any application for a hunting preserve at the time of application. The applicant may request amendment of the species to be released and hunted at the time of license renewal. (2) Game bird s…

635-047-0020 Care of Birds and Sanitary Requirements (1) The facilities for holding not less than 500 of each species authorized shall be situated upon the hunting preserve or on any other property of the applicant. (2) Operators may purchase birds from licensed game breeders but…

635-047-0025 Marking of Birds All privately owned game birds to be released must be premarked in a manner prescribed by the Department: (1) All game birds reared for release upon hunting preserves shall be identified by a healed toe mark or be marked with a plastic poultry band o…

635-047-0030 Length of Season The department shall determine the length of the season during which the hunting preserve shall operate, except that the shooting season on any preserve shall not be open between April 1 and July 31. Statutory/Other Authority: ORS 496.012, 496.138, 4…

635-047-0032 Transportation of Killed Birds Birds killed on a hunting preserve may be cleaned, wrapped, and packaged for transport. These birds shall be accompanied by a transportation form provided by the preserve operator stating preserve name, signature, address, and hunting l…

635-047-0035 Fees (1) Fee for hunting preserve license shall be $230.00 (plus a $2.00 license agent fee) per year. (2) Licenses issued under this rule shall be issued for a period of July 1 to June 30 of the following year. Statutory/Other Authority: SB 247 (2015), ORS 496.112, O…

635-047-0040 Records (1) Each hunting preserve operator shall maintain a registration book listing names, addresses, and hunting license numbers of all shooters; the date on which they hunted; the amount of game and species taken, and the markings affixed to each carcass. An accu…

635-047-0045 License Requirements of Hunters (1) State hunting licenses shall be required of all persons hunting on hunting preserves. Residents shall be required to possess either a resident hunting license or an annual resident private hunting preserve permit. The resident priv…

635-047-0050 Revocation (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…

635-048-0005 Hunter Education Certificate (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 Yout…

635-048-0010 Hunter Education Course Fee 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 par…

635-048-0015 Hunter Education Instructor Qualifications 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 an…

635-048-0020 Revocation of Instructor’s Certificate 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) Fa…

635-048-0030 Issuing Duplicate Certificates of Course Completion (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 registrati…

635-048-0050 Trapper Education Course of Study 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. Statutory/Other Authority: ORS 496 & 497 Sta…

635-048-0055 Trapper Examination 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. Statut…

635-048-0060 Trapper Certificate of Course Completion 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. Statutory/Other Authority: ORS…

635-048-0080 Master Hunter Program 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 pr…

635-048-0100 Bowhunter Education 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 …

635-049-0001 Policy 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 Com…

635-049-0005 Definitions 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 confin…

635-049-0015 Basic Requirements (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…

635-049-0025 Import, Export, Transport Other than to Licensed Facilities (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 Depart…

635-049-0035 Hunting of Privately Held Cervids Prohibited 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 s…

635-049-0045 Release or Escape of Captive Cervids (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 perm…

635-049-0065 Disease Testing; Cervid Disease Surveillance List (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, providi…

635-049-0067 Voluntary Chronic Wasting Disease Monitored Herd Program (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…

635-049-0069 Recaptured Cervids 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. Statutory…

635-049-0071 Obligation to Report Disease Incidents 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 th…

635-049-0073 Disease Testing and Genetic Requirements for Importation of Cervid Gametes and Embryos (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 info…

635-049-0075 Genetic Requirements 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 D…

635-049-0085 Licenses Generally (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 describe…

635-049-0095 Decision Standard for Issuing a License 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 licens…

635-049-0105 Decision Standard for Suspending, Revoking or Refusing to Renew a License (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 emplo…

635-049-0115 Disposition of Cervids upon License Suspension, Revocation, Nonrenewal or Denial (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 o…

635-049-0125 Control of Disease Outbreaks (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…

635-049-0135 General Requirements for Holding Cervids 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 cerv…

635-049-0145 Sale or Exchange (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 a…

635-049-0165 Type 1 Cervid Licenses (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 l…

635-049-0175 Type 1 Cervid License Applications (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 a…

635-049-0185 Lottery for Elk Licenses Issued for Commercial or Exhibition Purposes (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 …

635-049-0195 Type 1 Cervid License Renewal 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 …

635-049-0205 Record Keeping Required for Type 1 Cervid License 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, …

635-049-0225 Inspection of Facilities and Records — Type 1 Cervid License (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 holdi…