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State
Oregon Regulations
CHAP 635 DEPARTMENT OF FISH AND WILDLIFE PRIVATE SALMON HATCHERIES DIVISION 43 MISCELLANEOUS PERMITS AND RECORDS




The Oregon Administrative Rules contain OARs filed through July 14, 2006

DEPARTMENT OF FISH AND WILDLIFE

OTHER REGULATIONS

DIVISION 43

MISCELLANEOUS PERMITS AND RECORDS

635-043-0000

Purpose

The purpose of these rules is to describe the regulations governing fur dealers, taxidermists, hide and antler dealers, scientific collectors, and other miscellaneous permits.

Stat. Auth.: ORS 183 & ORS 496
Stats. Implemented: ORS 183 & ORS 496
Hist.: FWC 49-1991, f. & cert. ef. 5-13-91

635-043-0023

Purpose of Scientific Taking Permits

Rules to take wildlife for scientific study allow educational institutions and private and public scientists a means to study or gain knowledge of wildlife. The Department acts as coordinator and contact for wildlife research projects conducted in Oregon. Refer to Division 7 for taking fish on a Scientific Taking Permits.

Stat. Auth.: ORS 183 & ORS 496
Stats. Implemented: ORS 183 & ORS 496
Hist.: FWC 49-1991, f. & cert. ef. 5-13-91

635-043-0030

Scientific Taking Permit Requirements

Any person desiring to take wildlife for scientific purposes must first secure a Scientific Taking Permit by applying to the Oregon Department of Fish and Wildlife. The application shall list the wildlife species and numbers to be collected, the areas and methods of collecting, purpose for collecting, the date of application, the name, address, occupation, and signature of the applicant, and the signature and affiliation of the sponsor if the applicant is a student. This permit may not be used in lieu of a hunting license.

Stat. Auth.: ORS 183 & 496
Stats. Implemented: ORS 183 & 496
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0104, Renumbered from 635-007-0240; FWC 49-1991, f. & cert. ef. 5-13-91; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04

635-043-0033

Cost of Permit

Scientific Taking Permits shall cost $10 effective with permits issued for 1992 and shall expire on December 31 of the year issued.

Stat. Auth.: ORS 183 & ORS 496
Stats. Implemented: ORS 183 & ORS 496
Hist.: FWC 49-1991, f. & cert. ef. 5-13-91

635-043-0035

Conditions of Scientific Taking Permit

Scientific taking permittees shall adhere to all requirements, terms, and conditions included on the Scientific Taking Permit and the record keeping requirements below:

(1) Every scientific taking permittee shall at the time of taking wildlife, record the species, numbers, area and date wildlife were taken.

(2) Records shall be maintained at the business address of the scientific taking permittee for a period of three years.

(3) Records shall be sent to the Department at 3406 Cherry Avenue NE, Salem, Oregon 97303 within 30 days of the expiration of the permit.

Stat. Auth.: ORS 183 & 496
Stats. Implemented: ORS 183 & 496
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0105, Renumbered from 635-007-0245; FWC 49-1991, f. & cert. ef. 5-13-91; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04

635-043-0040

Persons Eligible for Scientific Taking Permit

Any person who has need to collect wildlife for the purpose of acquiring knowledge thereof may apply for a Scientific Taking Permit. Eligible persons include members of public or private scientific organizations, professional educators, college or university students working under the sponsorship of accredited professors, and scientists employed by private corporations and public natural resource agencies. An application will be evaluated for approval and may be denied if it lacks merit.

Stat. Auth.: ORS 183 & ORS 496
Stats. Implemented: ORS 183 & ORS 496
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0106; FWC 49-1991, f. & cert. ef. 5-13-91, Renumbered from 635-007-0250

635-043-0045

Cancellation of Scientific Taking Permit

Failure to comply with the conditions stipulated in OAR 635-043-0030 through 635-043-0040 is cause to cancel the permit and confiscate the wildlife taken.

Stat. Auth.: ORS 183 & ORS 496
Stats. Implemented: ORS 183 & ORS 496
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0108, Renumbered from 635-007-0255; FWC 49-1991, f. & cert. ef. 5-13-91

635-043-0051

Authority to Take or Harass Wildlife

(1) In accordance with ORS 496.012, 496.162, 497.298, 498.002, and 498.006, Department staff or their agents may take or harass wildlife in the times, places and manners necessary for:

(a) Scientific purposes pursuant to Department programs;

(b) Protection against a threat to human safety;

(c) Protection of land or property from damage;

(d) Wildlife management purposes pursuant to Department programs;

(e) Education and display purposes; and

(f) Rehabilitation of sick, injured or orphaned wildlife.

(2) Harassment means acts that frighten or chase but do not kill wildlife.

Stat. Auth.: ORS 496
Stats. Implemented: ORS 496
Hist.: DFW 47-2001, f. & cert. ef. 6-13-01; DFW 12-2002, f. & cert. ef. 2-12-02

635-043-0056

Trapping of Wildlife

For the purpose of alleviating a public nuisance or preventing property damage, the Department may trap and relocate wild turkeys found within the Roseburg city limits.

Stat. Auth.: ORS 498.158
Stats. Implemented: ORS 498.158
Hist.: DFW 1-2003(Temp), f. & cert. ef. 1-14-03 thru 7-9-03; DFW 30-2003(Temp), f. & cert. ef. 4-15-03 thru 10-6-03; DFW 31-2003, f. & cert. ef. 4-17-03; DFW 39-2003(Temp), f. & cert. ef. 5-12-03 thru 10-6-03

635-043-0085

Hunting from a Motor-Propelled Vehicle

(1) Any person who carries on his or her person an Oregon Disabilities Hunting and Fishing Permit and any required license and tag issued by the Commission may hunt wildlife from a motor-propelled vehicle except while the vehicle is in motion or on any public road or highway.

(2) Any person authorized to alleviate wildlife damage pursuant to ORS 498.136 may hunt designated wildlife from a motor propelled vehicle in the manner prescribed by permit.

Stat. Auth.: ORS 183 & 496
Stats. Implemented: ORS 183 & 496
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0183, Renumbered from 635-010-0160, Renumbered from 635-07-327; FWC 27-1987, f. & ef. 6-19-87; FWC 49-1991, f. & cert. ef. 5-13-91; DFW 122-2004, f. 12-21-04, cert. ef. 1-1-05; DFW 142-2005, f. & cert. ef. 12-16-05

635-043-0090

Who May Hunt with the Aid of an Artificial Light

Any person hunting bobcat, raccoon or opossum may hunt with an artificial light not attached to or operated from a motor-propelled vehicle. Any person authorized to alleviate wildlife damage pursuant to ORS 498.142 may hunt with the aid of an artificial light in the manner prescribed by permit.

Stat. Auth.: ORS 183 & ORS 496
Stats Implemented: ORS 183 & ORS 496
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0203, Renumbered from 635-007-0330; FWC 49-1991, f. & cert. ef. 5-13-91; DFW 60-2006, f. & cert. ef. 7-12-06

Authority to Harass Wildlife
635-043-0096

Harassing Wildlife Causing Damage

Administrative Rules 635-043-0100 through 635-043-0115 govern harassment of wildlife to control damage, except for wolves, which are addressed in 635-110-0010 through 635-110-0030.

Stat. Auth.: ORS 183 & 496
Stats. Implemented: ORS 183 & 496
Hist.: FWC 49-1991, f. & cert. ef. 5-13-91; DFW 12-2005, f. & cert. ef. 3-9-05

635-043-0100

Harassment Defined for Dog Training

For the purpose of this rule, relating to dog training only, harassment means acts to frighten but not kill wildlife. Dog training is not considered harassment except during the months of April, May, June, and July, or at any time in unproductive wildlife habitat.

Stat. Auth.: ORS 183 & ORS 496
Stats. Implemented: ORS 183 & ORS 496
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0223, Renumbered from 635-007-0340; FWC 49-1991, f. & cert. ef. 5-13-91

635-043-0105

Permit Required to Harass Wildlife

Any landowner suffering damage from wildlife (except for bobcat, red fox, cougar, bear, and non-threatened or endangered migratory birds) to property that they own or lawfully occupy, and desiring to control the damage by means of harassment shall first secure a Wildlife Harassing Permit by applying to the Department. No Wildlife Harassing Permit is required of those persons in possession of a valid federal migratory bird permit which authorizes harassment of migratory bird species.

Stat. Auth.: ORS 183 & ORS 496
Stats. Implemented: ORS 183 & ORS 496
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0225, Renumbered from 635-007-0345; FWC 52-1987, f. & ef. 7-23-87; FWC 49-1991, f. & cert. ef. 5-13-91; FWC 58-1994, f. & cert. ef. 9-1-94; DFW 12-2002, f. & cert. ef. 2-12-02

635-043-0110

Form of Harassment Permit

The Wildlife Harassing Permit shall include the name and address of the complainant suffering wildlife damage, the name and address of the person or persons designated by the landowner to act as his agent, the description of the property on which harassment will be permitted, the wildlife species to be harassed, the date of issue and date of expiration of the permit, and the signature of the Department of representative issuing to permit.

Stat. Auth.: ORS 183 & ORS 496
Stats. Implemented: ORS 183 & ORS 496
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0226, Renumbered from 635-007-0350; FWC 49-1991, f. & cert. ef. 5-13-91

635-043-0115

Cancellation of Harassment Permit

The harassment permit may be cancelled if the wildlife damage ceases before the termination date or if permittee fails to comply with provisions on the permit.

Stat. Auth.: ORS 183 & ORS 496
Stats. Implemented: ORS 183 & ORS 496
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0227, Renumbered from 635-007-0355; FWC 49-1991, f. & cert. ef. 5-13-91


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The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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