Department of Fish and Wildlife, Chapter 635

Rule Caption: Amend Wildlife Control Operator Rules.

Adm. Order No.: DFW 25-2012

Filed with Sec. of State: 3-16-2012

Certified to be Effective: 3-16-12

Notice Publication Date: 2-1-2012

Rules Amended: 635-435-0000, 635-435-0005, 635-435-0010, 635-435-0015, 635-435-0025, 635-435-0030, 635-435-0035, 635-435-0040, 635-435-0060

Subject: Review, update and amend rules relating to wildlife control operators. Specific rule changes include but are not limited to: definitions, criteria for reinstatement after revocation and amendments that will make the rules consistent with the Wildlife Rehabilitation Rules which were adopted by the Commission on June 2, 2011.

Rules Coordinator: Therese Kucera—(503) 947-6033

635-435-0000

Purpose

(1) The purpose of these rules is to:

(a) Streamline compliance requirements in ORS 498.012 while promoting sound wildlife management.

(b) Provide means for an agent to act on the behalf of a landowner or occupier to rid their home, business or land of wildlife which is causing damage, is a public nuisance or is posing a health risk, as defined in ORS 498.012.

(2) Any individual or business owner charging a fee to control wildlife which is causing damage, is a public nuisance or is posing a health risk must first obtain a Wildlife Control Operator Permit and must comply with all state Wildlife Control Operator regulations.

Stat. Auth.: ORS Ch., 496.012, 496.138, 496.146, 496.162 & 498.012
Stats. Implemented: ORS Ch. 496.012, 496.138, 496.146, 496.162 & 498.012
Hist.: DFW 117-2006, f. & cert. ef. 10-16-06; DFW 25-2012, f. & cert. ef. 3-16-12

635-435-0005

Definitions

For the purposes of these rules the following definitions apply:

(1) “Euthanasia” means to humanely kill an animal as per the “2006 American Association of Zoo Veterinarians Guidelines for Euthanasia of Nondomestic Animals.”

(2) “Nongame wildlife nonprotected” means any species that does not meet any of the following definitions: “game mammals” as defined in OAR 635-045-0002, “game birds” as defined in 635-045-0002, “furbearers” as defined in 635-045-0002, “threatened and endangered species” as listed in 635-100-0125, or “nongame wildlife protected” as defined in 635-044-0130 or is not otherwise protected by statute or law.

(3) “Nuisance” means the same as “Public Nuisance” as defined in ORS 498.012.

(4) “Possession” means to have physical possession or to otherwise exercise dominion over any wildlife or wildlife parts, and possession begins once the trap has been checked by the permittee or subpermittee.

(5)”Predatory animals” means coyotes, rabbits, rodents, and feral swine which are or may be destructive to agricultural crops, products and activities. 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. On public land this typically includes one who has a grazing lease.

(6) “Prohibited Species” means wildlife that the commission has placed on the Prohibited list in its Wildlife Integrity Rules (OAR Chapter 635 Division 56).

(7) “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 635-045-0002, “furbearers” as defined in 635-045-0002, “threatened and endangered species” as listed in 635-100-0125, or “nongame wildlife protected” as defined in 635-044-0130 or is otherwise protected by statute or law.

(8) “Wildlife Control Operator” means an individual or business charging a fee and acting as an agent for a property owner, legal occupant, local jurisdiction or agency to take wildlife for the purpose of controlling damage, alleviating nuisance problems, or resolving public health risk concerns.

Stat. Auth.: ORS Ch. 496.012, 496.138, 496.146 & 496.162
Stats. Implemented: ORS Ch. 496.012, 496.138, 496.146 & 496.162
Hist.: DFW 117-2006, f. & cert. ef. 10-16-06; DFW 25-2012, f. & cert. ef. 3-16-12

635-435-0010

Permit Required to Capture, Hold, Transport, or Relocate Wildlife

(1) A Wildlife Control Operator Permit from the Department is required prior to capturing, holding, transporting or relocating such wildlife. A permit is not required to capture, humanely euthanize or release on-site nongame wildlife nonprotected or species taken under authority of the predatory animal statute (ORS 610.105).

(2) A permit allows the permittee:

(a) Capture, hold, transport, or relocate furbearers (except raccoons).

(b) Capture, hold, transport, or relocate predatory animals, western gray squirrels, and

nongame wildlife nonprotected.

(c) Humanely euthanize or release on-site raccoons. A permit does not allow the permittee to relocate raccoons to other sites unless directed by the Department.

(d) These activities must be in compliance with conditions specified by these rules, the permit, and authorized by the Department.

(3) A permit does not authorize the permittee to intentionally capture, hold, transport or relocate:

(a) Game mammals, game birds or nongame wildlife protected. Game mammals, game birds or nongame wildlife protected caught incidentally must be released on-site.

EXCEPTION: Western gray squirrels.

(b) Species protected by other state or federal law. Species protected by other state or federal law caught incidentally must be released on site.

635-435-0015

Passing a Test Required to Obtain Wildlife Control Operator Permit

(1) To obtain a Wildlife Control Operator permit, an individual or business owner must complete and submit an application form provided by the Department. An applicant must also pass a test administered by the Department with a score of 80% or greater. The test shall be based on a wildlife control training manual provided by the Department. If a permit has lapsed for more than two years or has been revoked, the individual or business owner must pass a test administered by the Department with a score of 80% or greater before the permit can be reinstated.

(2) A Wildlife Control Operator applicant (or sub-permittee) must be approved by the local Department district wildlife biologist or other local Department representative as meeting a need for wildlife control operator services in the area.

(3) A business owner may designate subpermittees on his or her permit. Subpermittees must be employed by the permitted business owner and must sign a form provided by the Department that indicates that the subpermittee has read and understands the training manual. Subpermittees are not required to pass a test. The permittee is responsible for any violations by a subpermittee of these rules. Subpermittees are subject to all requirements of these rules applicable to permittees. Permittee may add or remove a subpermittee at any time, and at his or her discretion, but must inform the Department of such changes in writing within 21 days.

(4) A subpermittee may be denied being added to a business permit if the subpermittee does not meet the conditions in OAR 635-435-0015(2).

(5) Permits are free of charge and are issued for the calendar year.

635-435-0025

Ownership and Holding of Wildlife Held Under Wildlife Control Operator Permits

(1) All wildlife captured, held, transported or relocated under a Wildlife Control Operator 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. Wildlife captured, held, transported or relocated under a permit cannot be intentionally displayed for public exhibit.

(2) Traps must be checked within the time periods specified in OAR chapter 635 division 50.

(3) Within 24 hours after coming into possession of wildlife as part of wildlife control activity, the permittee must release, relocate, or humanely euthanize the wildlife, or transport it to a person holding a Wildlife Rehabilitation Holding Permit who is willing to accept such wildlife. Lactating female wildlife or dependent infant(s) may be kept in possession up to 72 hours if necessary to keep the captured dependent infants or take other action to keep the family unit intact. Lactating female wildlife or dependent infant(s) may only be held longer than 72 hours if authorized by the Department

(4) If the permittee captures lactating female wildlife, the permittee must make reasonable efforts to verify the presence or absence of infants and to capture dependent infants.

(5) Once wildlife has been in possession 4 hours, the permittee must provide clean drinking water and replenish it at reasonable intervals.

635-435-0030

Humane Euthanasia and Discarding of Wildlife Carcasses

(1) If any wildlife shows obvious symptoms of disease, the permittee must humanely euthanize or dispose of the wildlife as authorized by the Department

(2) A permittee may humanely euthanize wildlife without the assistance of a veterinarian. A permittee’s methods of humanely euthanizing live-captured or free-ranging wildlife must be consistent with the “2006 American Association of Zoo Veterinarians Guidelines for Euthanasia of Nondomestic Animals”.

(3) No permit is needed to humanely euthanize wildlife in accordance with ORS 498.016.

(4) When discarding wildlife carcasses, a permittee must follow Department directions. Disposal of wildlife parts must be done in a manner consistent with OAR chapter 635 division 200.

[Publications: Publications referenced are available from the agency.]

635-435-0035

Relocation of Nuisance Wildlife

(1) A permittee must humanely euthanize prohibited species as identified in the Wildlife Integrity Rules (OAR 635-056-0050). Prohibited species cannot be relocated off site except to humanely euthanize them.

(2) A permittee must release raccoons on site or humanely euthanize them unless otherwise authorized by the local Department district biologist.

(3) Predatory animals, furbearers except raccoons and nongame wildlife nonprotected may be released on site, humanely euthanized or (as authorized by the Department) relocated into suitable habitat.

Stat. Auth.: ORS Ch. 496.012, 496.138, 496.146 & 496.162
Stats. Implemented: ORS Ch. 496.012, 496.138, 496.146 & 496.162
Hist.: DFW 117-2006, f. & cert. ef. 10-16-06; DFW 80-2011(Temp), f. 6-29-11, cert. ef. 7-1-11 thru 12-28-11; DFW 25-2012, f. & cert. ef. 3-16-12

635-435-0040

Transportation of Wildlife

(1) Permittees are authorized to transport permitted live wildlife for:

(a) Relocation into suitable habitat as specified by these rules and the permit, or

(b) Transport to a person holding a Rehabilitation Holding permit, or

(2) Permittees are authorized to transport permitted wildlife carcasses for disposal of the carcass as directed by the Department or for use of wildlife parts in compliance with OAR chapter 635, division 200.

(3) Permittees must provide all live wildlife with humane care during transport. When transporting live wildlife in a vehicle:

(a) The vehicles must be equipped to provide fresh air without injurious exhaust fumes, and with adequate protection from extreme weather that could cause morbidity or mortality.

(b) Wildlife must be protected from extremes in temperature that could cause morbidity or mortality.

(c) The cage or enclosure must be of sufficient strength to hold wildlife securely during transportation and to prevent escape.

(d) The interior of the cage must be free of defects including sharp points, objects or edges resulting from alterations, breakage or age of the trap and that could injure wildlife placed inside.

(e) With the exception of skunks, the cage must be of a size that assures the safety of the wildlife control operator and be large enough to ensure that each specimen has sufficient space to turn, stand, and lay naturally.

(f) More than one specimen must not be transported in the same cage or enclosure unless they are of the same species and were captured together in the same trap or capture device.

(g) A visual barrier must be placed between aggressive individuals.

(h) Wildlife must be of sufficient distance apart or shall have a divider placed between them to prevent any physical contact between specimens.

(i) Wildlife must not be placed in a cage or enclosure over other wildlife unless each cage is fitted with a floor or barrier which prevents excretions or body parts from entering lower cages or enclosures.

635-435-0060

Cancellation or Non-Renewal of Permit

(1) Failure to comply with the record keeping, reporting, or other requirements of the Wildlife Control Operator Permit are grounds for cancellation or denial of renewal of the permit.

(2) The Department reserves the right to deny issuance of a Wildlife Control Operator Permit, to deny subpermittee(s), and to impose special permit conditions if the applicant or subpermittee is convicted of, or admits to, a violation of a wildlife law, or rule, or permit issued under the wildlife laws within the last five years.

(3) A permittee may appeal cancellation or non-renewal of a permit through a contested case hearing. The request for a contested case hearing on a proposed cancellation must be received by the Department within 21 days after service of notice (90 days for emergency cancellations). The request for hearing on a proposed non-renewal must be received by the Department within 60 days of notice. Final Orders in contested case hearings shall be issued by the Director.

The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions.