Oregon Administrative Code

635-430-0040 Process, Preparation , Submission and Review of a Wildlife Habitat Conservation and Management Program (1) Landowners interested in enrolling their property in the Wildlife Habitat Conservation and Management Program shall coordinate with a cooperating agency to lear…

635-430-0050 Wildlife Habitat Conservation and Management Plan Content Plans developed after the effective date of these rules shall include the following elements: (1) Certification from the city or county, on a Department form, that the subject property is within an area or zon…

635-430-0060 Approval Standards for Wildlife Habitat Conservation and Management Plans If the local Watershed District is accepting new Plans, the Department will approve Plans that meet the following standards: (1) The property is located on land that has been designated for par…

635-430-0070 Amendments to Approved Wildlife Habitat Conservation and Management Plans (1) Landowners may request amendments to approved wildlife habitat conservation and management plans by contacting the appropriate Watershed District office. (2) The landowner shall provide a c…

635-430-0080 Self-Reporting, Site Inspection and Removal of Land (1) Each February, the Department will alert landowners that they must provide documentation to the Department and appropriate County assessor’s office that their plan is in compliance with the rules. The Department…

635-430-0095 Request for Reconsideration of Enrollment in the Wildlife Habitat Conservation Management Program (1) The Department is willing to reconsider enrolling landowners in the WHCMP if they have been unable to meet required timeframes or compliance issues outlined in OAR 6…

635-430-0100 Compatibility with Existing Laws or Ordinances (1) Department approval of a wildlife habitat conservation and management plan does not authorize violation of federal or state laws or local ordinances, nor does it supersede any requirements to obtain permits or author…

635-430-0300 Purpose of Riparian Lands Tax Incentive Program In accordance with Oregon Revised Statutes 308A.350 to 308A.383, the intent of the Riparian Lands Tax Incentive Program is to provide landowners with tax incentives to protect, conserve or restore healthy riparian habit…

635-430-0310 Definitions of Riparian Lands Tax Incentive Program For the purpose of OAR 635-430-0300 through 635-430-0430: (1) "Department" means the Oregon Department of Fish and Wildlife. (2) "Designation as Riparian Land" means Department approval of a landowner's riparian man…

635-430-0320 Eligibility Criteria for Riparian Lands Tax Incentive Program (1) The Department may designate perennial and intermittent streams and the associated riparian lands, as limited by OAR 635-430-0300 to 635-430-0430, as riparian lands if the land meets the eligibility cr…

635-430-0330 Limitations on Designation of Riparian Lands Department designation of riparian lands for inclusion in the Riparian Tax Incentive Program is subject to the following limitations: (1)(a) For each tax year beginning before July 1, 2004, the Department may approve for d…

635-430-0340 Factors for Determining Width of Riparian Lands The Department may designate qualifying perennial and intermittent streams and associated riparian lands up to 100 feet landward (horizontal measurement) from the line of non-aquatic vegetation adjacent to the stream, o…

635-430-0350 Healthy Riparian Habitat The goal of each riparian management plan and agreement is the protection, conservation or restoration of healthy riparian habitat. Department assessment of the current and potential health of riparian habitat will include, but is not limited…

635-430-0360 Application Process for Riparian Lands Tax Incentive Program (1) A landowner seeking enrollment in the Riparian Land Tax Incentive Program must apply to the applicable county assessor and the Department. (2) An applicant must apply to the county assessor no later tha…

635-430-0370 Plan Review and Approval of Riparian Management Plans and Agreements (1) The Department will approve riparian management plans and agreements submitted to the Department that meet all eligibility requirements and contain adequate provisions for the protection, conser…

635-430-0375 Riparian Conservation and Management Practices Conservation and management practices appropriate to achieve the objectives of OAR 635-430-0350 may include, but are not limited to: (1) Protecting existing native vegetation; (2) Planting native trees, shrubs, grasses a…

635-430-0380 Activities Generally Compatible with Riparian Lands Activities that are generally compatible with the intent of the riparian lands tax incentive program include, but are not limited to, the following when they are adequately described as a part of an approved riparia…

635-430-0390 Activities Generally Incompatible with Riparian Lands Tax Incentive Program Activities that are generally incompatible with the protection or restoration of riparian lands include, but are not limited, to the following. These activities may only occur on designated r…

635-430-0400 Natural Disasters (1) If an act of nature (e.g., floods, fire, wind and other natural disaster) significantly damages or reduces riparian vegetation, or reduces the effectiveness of conservation measures described in a riparian management plan and agreement, the land…

635-430-0410 Sale or Transfer of Exempted Riparian Lands The purchaser of any lands enrolled in the Riparian Lands Tax Incentive Program has 120 days after recording of the land sale to retain the property tax exemption or withdraw from the program without penalty. (1) To retain …

635-430-0420 Monitoring and Compliance of Riparian Management Plans and Agreements (1) Department staff will periodically inspect the riparian land enrolled in the program to determine conformance with the riparian management plan and agreement. Department staff will provide a la…

635-430-0430 Program Compatibility with Existing Laws or Ordinances for Riparian Lands Tax Incentive Program The Department’s approval of land use activities compatible with the Riparian Lands Tax Incentive Program does not exempt any proposed activity from state or federal law, …

635-435-0000 Purpose The purpose of these rules is to: (1) Clarify the requirements and restrictions for wildlife control activities, especially in incorporated city limits and associated urban development while promoting sound wildlife management; and (2) Provide a means for an …

635-435-0005 Definitions 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, unprotecte…

635-435-0010 Permit Required to Capture, Possess, or Transport Wildlife (1) A WCO permit is required for any individual, business owner, or the business owner’s designee charging a fee to control bats, furbearers, unprotected mammals (excluding moles (Scapanus spp.), wild turkeys…

635-435-0015 Requirements for Wildlife Control Operator Permit (1) WCO permits may be issued to either an individual or business listed on the application. A business or business owner is not required to take the WCO test if they do not conduct any wildlife control activities. A …

635-435-0020 Wildlife Control Operator Permit Required to be in Possession (1) Individuals or employees of businesses holding a WCO Permit must have the permit or a copy, in possession while conducting wildlife control activities and make the permit available for inspection upon …

635-435-0025 Disposition of Wildlife (1) All wildlife captured, held, or transported under a WCO Permit remains the property of the State of Oregon and cannot be sold, traded, bartered, or exchanged except as allowed by OAR Chapter 635 Division 200. (2) Wildlife captured, held, o…

635-435-0040 Transportation of Wildlife (1) Live wildlife may only be transported with a transport permit issued by the Department or a WCO permit. (2) Permittees are authorized to transport permitted live wildlife for: (a) Humane euthanasia of the captured animal; or (b) Transpo…

635-435-0045 Equipment Subject to Inspection Any Law Enforcement officer or Department representative may inspect a permittee’s traps, cages, enclosures, or other equipment in use for capturing, possession, transporting or relocating wildlife; or any wildlife held in such equipme…

635-435-0050 Trap Tampering Prohibited (1) Any trap or capture device used by a permittee must be legibly marked or branded with either the individual or owner’s business name and phone number, or the owner’s furtaker license (brand) number or WCO number that has been assigned by…

635-435-0055 Record Keeping and Reporting Requirements (1) Landowner or occupier of premises must sign an affidavit of damage designating the permitted WCO as their agent to address damage caused by any wildlife. The permittee must retain affidavits for one year. (2) A complete r…

635-435-0060 Cancellation or Non-Renewal of Permit (1) Failure to comply with the record keeping, reporting, or other requirements of the WCO Permit may lead to cancellation or denial of renewal of the permit. (2) The Department may revoke or deny issuance of a WCO Permit if list…

635-440-0001 Definitions For the purposes of administrative rules found in Division 440 the following definitions apply: (1) “Economic Harm” means the reduction, unrelated to environmental and market variability or personal circumstances, in the annual income of an individual who…

635-440-0005 Purpose The purpose of these rules is to provide criteria and procedures for implementation and administration of the Columbia River Fisheries Transition Program. Funds will be granted to qualified county programs for: (1) Compensation to individuals who hold a valid…

635-440-0010 Standards to Determine Grant Award Eligibility (1) The Department may approve a county program that meets the stated purpose of this rule and contains the elements specified in this section. (2) Grants are subject to available funding in the Columbia River Transition…

635-440-0015 Distribution of Funds by County Funds received by a county program from the Department may only be used to reimburse the following expenses or losses: (1) Compensation to permit holders for documented economic harm (2) Compensation to permit holders for gear changes.…

635-440-0020 Grant Application Procedures (1) Grant application forms will be made available and distributed by the Department on request by a county. (2) Each county shall submit its proposal for funding on the Department’s application form, including attachments as necessary. (…

635-440-0025 Grant Application Review (1) The Department will review county grant applications to evaluate the reasonableness of the amount of money requested. The Department may use formulas it may derive for allocating available funds equitably among grant requests by multiple …

635-440-0030 Grant Awards After reviewing a county application, the Department will make one of the following decisions for each county’s grant request. (1) Approval of grant award for the full amount requested; (2) Approval of grant award of partial amount requested. (3) Deferra…

635-440-0035 Grant Administration The Department and county shall enter into a grant agreement by January 1 of each year that includes but is not limited to the following: (1) A detailed description of the county program and a description of the work elements for which grant fund…

635-500-0002 Purpose The administrative rules contained in this division are the legally enforceable elements of fish management plans. Fish management plans are comprehensive documents which the Department regards both as a means to implement policy and as an explanation of the …

635-500-0010 Steelhead Management Policy These rules are established to guide management and conservation of steelhead (Oncorhynchus mykiss) in Oregon. It is the policy of the State of Oregon that steelhead be managed as a game fish. This management plan fulfills OAR 635-007-0515…

635-500-0015 Steelhead Habitat Protection Policy The Department recognizes that attrition and degradation of habitat is a serious threat to maintenance of healthy and diversified populations of steelhead. Implementation of state and federal laws for conservation of fish habitat, …

635-500-0020 Steelhead Management Goals and Objectives The Department shall proceed with programs and other efforts to achieve the following statewide goals and objectives, consistent with applicable law, agency policy and rule, and recognizing funding priorities for the agency. …

635-500-0045 Wild Warmwater Game Fish Management Policy Management options for protection and enhancement of wild stocks are contained in OAR 635-007-0525. In addition, the following guidelines by management option apply only to management of nonendemic warmwater game fishes: (1)…

635-500-0055 Objectives of Warmwater Game Fish Management The Department shall proceed with programs and other efforts to achieve the following statewide objectives, consistent with applicable law, agency policy and rule, and recognized funding priorities for the agency. The Warm…

635-500-0060 Guidelines for Introductions of Warmwater Game Fishes The following guidelines will be used in determining whether or not to introduce exotic warmwater game fish into Oregon: (1) Endemic anadromous salmonids and wild endemic resident trout must be protected. (2) Warm…

635-500-0100 Trout Management Selection Criteria Management options for protection and enhancement of wild stocks are contained in OAR 635-007-0525. Criteria for the management option selection process follow: (1) Select for Option (1)(a) of 635-007-0525 (manage exclusively for w…

635-500-0105 Trout Management Guidelines The following guidelines by management option apply to management of trout: (1) Option (1)(a) of OAR 635-007-0525 — Manage exclusively for wild fish: (a) No hatchery trout will be stocked; (b) Habitat protection, rehabilitation, and enhanc…