Oregon Administrative Code

635-200-0000 Purpose and Applicability (1) ORS 498.022 states 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…

635-200-0010 Definitions (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 car…

635-200-0020 Furbearing and Unprotected Mammals Generally (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 furbeari…

635-200-0040 Certain Extant Furbearer and Other Species Lawfully Obtained Out of State (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…

635-200-0050 Deer, Elk, and Antelope (Pronghorn) (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 635-043-0200 may be purchased, sold, or exchanged…

635-200-0060 Fallow Deer, Reindeer, and Sika Deer (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, antle…

635-200-0070 Moose 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 …

635-200-0080 Wildlife Not Native to Oregon (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…

635-200-0090 Sale of Meat (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…

635-200-0100 Birds (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 exceptio…

635-200-0110 Rendering Any person may sell, purchase, or exchange the fats, oils, and similar end products of the process of rendering wildlife carcasses or parts. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042 Statutes/Other Implemented: ORS…

635-200-0120 Taxidermy Mounts (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 o…

635-200-0130 Sale, Purchase, or Exchange of Feathers 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 …

635-200-0135 Sale of Covered Animal Species (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…

635-200-0140 Confiscation, Disposal, or Cancellation or Non-Renewal of Authorization to Possess Parts or Products from Covered Animal Species (1) Each violation of ORS 498.022(2) may result in confiscation or required disposal of the covered animal species part or product as dire…

635-300-0001 Elkhorn Wildlife Area Program (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 le…

635-300-0005 Goals and Objectives 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 supplement…

635-300-0010 Implementation of Policies 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…

635-300-0015 Delegation of Authority 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 cur…

635-400-0000 Purpose (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 pr…

635-400-0005 Policy 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 aesthe…

635-400-0010 Definitions As used in these rules: (1) “Application” means an official instream water right application developed by the Water Resources Department. (2) “Commission” means the Fish and Wildlife Commission. (3) “Department” means the Department of Fish and Wildlife. …

635-400-0015 Determination of Instream Flow Measurement Methodologies (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 …

635-400-0020 Standards for Selection of Streams or Stream Reaches for Instream Water Right Applications 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 an…

635-400-0025 Responsibilities to WRD 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 inclu…

635-400-0030 Internal Process for Instream Water Right Application (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 in…

635-400-0035 Purchase, Lease, or Gift of Water Rights for Instream Water Rights 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 635-400-0…

635-400-0037 Public Involvement 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 Regi…

635-400-0040 Review and Coordination of Instream Water Right Applications Submitted by Other Agencies (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, i…

635-405-0000 Purpose 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 660, divisions 030 and 031. The State Agency Coordination progra…

635-405-0005 Definitions For the purposes of OAR 635-405-0000 through 635-405-0045 only: (l) “Acknowledged Comprehensive Plan” as defined in OAR 660-030-0005(1) and adopted herein means a comprehensive plan and land use regulations or plan or regulations amendment which comply wi…

635-405-0010 Applicability (1) The provisions of OAR 635-405-0000 through 635-405-0045 shall apply to actions taken by the Department when considering amendments to existing programs described in section(3) of this rule. (2) The provisions of OAR 635-405-0000 through 635-405-0045…

635-405-0015 Compliance with the Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations Prior to undertaking any action or program listed in OAR 635-405-0010, the Department shall find that the program or action complies with the…

635-405-0020 Compliance with the Statewide Planning Goals (1) The Department shall attempt to achieve goal compliance whenever possible by taking actions that are compatible with the acknowledged comprehensive plans of the applicable local governing body. (2) An action within a “…

635-405-0025 Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations The following procedure is intended to assure that a Department program or action determined to affect land use is compatible with the acknowledged comprehensive plans and land use regulatio…

635-405-0030 Dispute Resolution (1) The Department shall attempt to resolve all disputes regarding land use issues by direct contact with the applicable local governing body(ies). Whenever possible, Department efforts to avoid and resolve potential land use conflicts concerning a…

635-405-0035 Compliance and Compatibility of New or Amended Land Use Programs (1) LCDC certification of the Department’s SAC Program signifies that the Department has fulfilled its statutory state agency coordination responsibilities. The Department shall implement the following …

635-405-0040 Coordination with Affected State and Federal Agencies and Special Districts The Department Habitat Conservation Division Land Use Coordinator or other appropriate Department employees shall coordinate with affected state and federal agencies and special districts to …

635-405-0045 Cooperation and Technical Assistance to Local Governments Subject to statutory limitations, the Department may provide technical assistance and information to local governments through its County Coordinators as availability and resources permit. This effort may incl…

635-410-0000 Authority of the Department of Fish and Wildlife ORS 468B.060 provides the Oregon Department of Fish and Wildlife with authority to seek damages in a court of competent jurisdiction for the value of fish and wildlife injured or killed as the result of pollution or vi…

635-410-0005 Policy The Department shall: (1) Promptly investigate natural resource losses to determine the cause and extent of damage to fish and wildlife and their habitat. (2) Seek compensation from any persons responsible for the injury or destruction of fish, wildlife and ha…

635-410-0010 Definitions For the purposes of OAR 635-410-0000 through 635-410-0035: (1) “Affected area” means the area or areas in which natural resources have been directly or indirectly affected. (2) “Damages” means the amount of money sought by the Department in a court of com…

635-410-0015 Investigation Procedures In investigating any natural resource loss, the Department shall use generally recognized and accepted scientific field, laboratory and analytical procedures to guide the field investigation of the natural resource loss, and specifically to: …

635-410-0020 Safety Policy It is the policy of the Department that no person shall enter potentially contaminated areas without the use of protective clothing and equipment as required by Oregon law. All personnel shall observe recommended precautions when working in chemically c…

635-410-0025 Unauthorized Collection of Samples No person shall collect injured or dead fish or wildlife without the express written consent of the Department. Any unauthorized collection may be considered tampering with evidence in violation of ORS 162.295, and illegal possessio…

635-410-0030 Calculation of Numbers and Monetary Value of Fish and Wildlife, and Cost of Restoring Productivity Pursuant to ORS 468B.060 In calculating the number and monetary value of fish and wildlife injured or killed, as well as the cost of restoring productivity pursuant to …

635-410-0035 Damage Assessment Procedure (1) The Department may seek recovery in damages for natural resource losses pursuant to CERCLA, either in lieu of or in addition to any recovery authorized by ORS 468B.060. (2) Pursuant to ORS 468B.060, the Department shall pursue recovery…

635-412-0001 Purpose of the Fish Passage Policy (1) The purpose of these rules is to further clarify and implement the State’s fish passage statutes (ORS 509.580 through 509.910) and the Department’s Climate and Ocean Change Policy (OAR 635–900–0001 through 635-900-0020) through …

635-412-0005 Definitions (1) For the purposes of OAR 635-412-0010 through 635-412-0065 the following definitions shall apply. (2) “Abandonment” means to surrender, decommission, no longer use for an authorized purpose, or give up control. (3) "Active channel width" means the natu…

635-412-0010 Fish Passage Task Force (1) The Fish Passage Task Force has nine members who are appointed by the Director. (2) Three members represent interests subject to the obligation to install fish passage at facilities they install, own or operate; three members represent fis…