Rule Caption: Amend Rules for Protected Wildlife, Holding and Propagating

Adm. Order No.: DFW 3-2017

Filed with Sec. of State: 1-24-2017

Certified to be Effective: 1-24-17

Notice Publication Date: 12-1-2016

Rules Adopted: 635-044-0400, 635-044-0410, 635-044-0420, 635-044-0430, 635-044-0440, 635-044-0450, 635-044-0460, 635-044-0470, 635-044-0475, 635-044-0480, 635-044-0490, 635-044-0500, 635-044-0510, 635-044-0520, 635-044-0530, 635-044-0540, 635-044-0550, 635-044-0560, 635-044-0570, 635-044-0580, 635-044-0590

Rules Repealed: 635-044-0000, 635-044-0002, 635-044-0005, 635-044-0010, 635-044-0015, 635-044-0020, 635-044-0025, 635-044-0030, 635-044-0035, 635-044-0040, 635-044-0045, 635-044-0050, 635-044-0051, 635-044-0060, 635-044-0075, 635-044-0080, 635-044-0120, 635-044-0125, 635-044-0130, 635-044-0132, 635-044-0035

Subject: The proposed rule amendments are needed to change or update various aspects of agency management of protected wildlife, holding, and propagating.

Rules Coordinator: Michelle Tate—(503) 947-6044

635-044-0400

Purpose

The purpose of these rules is to identify the species of wildlife that are protected; the species of wildlife that may be held and conditions for holding; and to regulate the propagation of game birds.

Stat. Auth.: ORS 496.004, 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Hist.: DFW 3-2017, f. & cert. ef. 1-24-17

635-044-0410

Taxonomy

(1) Scientific taxonomic nomenclature reflects the following:

(a) Fish:

(A) Nelson, J. S., E. J. Crossman, H. Espinosa-Perez, L. T. Findley, C. R. Gilbert, R. N. Lea, and J. D. Williams. 2004. Common and scientific names of fishes from the United States, Canada, and Mexico. American Fisheries Society, Special Publication 29, Bethesda, Maryland.

(B) Moyle, P. B. 2002. Inland fishes of California. Revised and expanded. University of California Press. Berkeley, California.

(C) Jelks, H.L., S.J. Walsh, N.M. Burkhead, S. Contreras-Balders, E. Diaz-Pardo, D.A. Hendrickson, J. Lyons, N.E. Mandrak, F. McCormick J. S. Nelson, S. P. Platania, B. A. Porter, C.B. Renaud, J.J. Schmitter-Soto, E. B. Taylor, and M. L. Warren, Jr. 2008. Conservation status of imperiled North American freshwater and diadromous fishes. Fisheries. 33(8): 372-407.

(b) Amphibians and reptiles -- Crother, B. I., editor. 2012. Scientific and standard English names of amphibians and reptiles of North America north of Mexico, with comments regarding confidence in our understanding. 7th Edition. Society for the Study of Amphibians and Reptiles, Herpetological Circular No. 37.

(c) Birds-Marshall, D.B., M.G. Hunter, A.L. Contreras, editors. 2003. Birds of Oregon: A General Reference. Oregon State University Press. Corvallis, Oregon.

(d) Mammals-Wilson, D. E. and D. M. Reeder, editors. 2005. Mammal species of the world; a taxonomic and geographic reference. 3rd Edition. Johns Hopkins University Press.

(2) If the taxonomic status of individual species is changed through subsequent publications, scientific taxonomy shall remain as cited in 635-044-0410(1) and 635-044-0430.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Hist.: DFW 3-2017, f. & cert. ef. 1-24-17

635-044-0420

Definition of Terms

(1) “Animal Entertainment Industry” means for-profit or nonprofit businesses or organizations that hold wildlife for the purpose of providing wild animals on a movie set, film set, television set, still photography set, or any other professional entertainment activity utilizing captive wildlife allowable under the rules and requirements in chapter 635 division 44.

(2) “AZA” means the Association of Zoos and Aquariums. AZA-accredited facilities must incorporate education, conservation and wildlife research as part of their mission and business model.

(3) “AVMA” means the American Veterinary Medical Association.

(4) “Department” means the Oregon Department of Fish and Wildlife.

(5) “Education animal” means wildlife acquired and legally held by a licensed Oregon Exhibitor or Wildlife Rehabilitator as defined in 635-062-0040 and in an approved facility; Education animals are primarily non-releasable migratory birds but may include other wildlife species approved by the Department;

(6) “Educational facility” is a for-profit or non-profit organizations holding non-releasable captive wildlife, often received from Wildlife Rehabilitators, or other captive bred or wild caught sources as approved by the Department, whose primary mission and business model is to provide educational information to the public as part of a living history museum involving native wildlife. Zoos and Aquariums are examples of educational facilities.

(7) “Exhibitor” means any person who legally acquired wildlife for exhibition or educational purposes and who holds that wildlife under the requirements of OAR 635, division 044;

(a) Wildlife held by an Exhibitor includes, but is not limited to, animals used for commercial and non-profit or education purposes, or in carnivals, circuses, and zoos;

(b) Wildlife held for exhibition or educational purposes does not include those held for falconry, game bird propagation, or captive cervid facilities.

(8) “Endangered species” means those species defined in ORS 496.004(6).

(9) “Facility” means any building, structure, cage, or pen in which wildlife may be kept, fed, exercised, or held during any portion of its life stages.

(10) “Grandfathering” means, for the purpose of these rules, that a person who possessed legally held native wildlife prior to January 20, 2017, may continue to hold the animal(s) for the life of said animal(s) within the provisions of these rules.

(11) “Hold” means any form of possession or control of a live animal, gamete, or hybrid thereof. The term does not include the observation or casual temporary holding of wildlife for observation and photographic purposes in their natural habitat where the animal is not removed from its immediate location.

(12) “Hybrid” means any offspring, gamete or egg that is produced from wild parent animals of different strains, races, varieties, species, or genera (for example: Canis familiaris (domestic dog) x Canis lupus (wolf) are considered F1 generation wolf hybrids. No state permit is required to possess F1 hybrids or the progeny of F1 generation wolf hybrids, however cities and counties may prohibit possession or require a permit.)

(13) “Import/importation” means to bring or cause live wildlife to be transported into Oregon by any means.

(14) “Migratory bird” means any bird, whatever its origin and whether or not raised in captivity, which belongs to a species listed in U.S. 50 CFR §10.13, including any part, nest, or egg of any such bird.

(15) “Native” means indigenous to Oregon, not introduced (ORS 496.171 (2)).

(16) “Nongame wildlife” means all wildlife species except game mammals, fur-bearing mammals, game birds, and game fish (ORS 496.375).

(17) “Pedigree” means the record of descent of an animal identifying its ancestry and genetic linage.

(18) “Permittee” means the person who holds a valid Wildlife Holding Permit, Wildlife Exhibitor/Animal Entertainment Permit, Wildlife Sanctuary Permit or Game bird Propagation License issued by the Department.

(19) “Propagation” means the breeding, reproduction, production, incubation, or rearing of wildlife for sale, release, or other uses. For purposes of these rules, propagation refers specifically to game bird species.

(20) “Public display” means to place or locate wildlife so that it may be viewed by the public directly or electronically.

(21) “Release” means permitting any legally collected wildlife, domestically raised or imported wildlife currently in possession to exist alive outside an approved holding or propagation facility.

(22) “Sanctuaries” in Oregon are accredited by the Global Federation of Animal Sanctuaries and provide lifetime care for previously captive wildlife. Wildlife held in sanctuaries may come from private owners, research laboratories, the entertainment industry, or zoos. Sanctuaries are distinguished from education and entertainment industries by limiting public display; animals are not exhibited or transported from the sanctuary for non-medical reasons.

(23) “Sensitive species” means those wildlife species, subspecies, or populations that are facing one or more threats to their populations, habitat quantity or habitat quality or that are subject to a decline in number of sufficient magnitude such that they may become eligible for listing on the state Threatened and Endangered Species List and that are included on the Sensitive Species List pursuant to OAR 635-100-0040.

(24) “Species” means a unit of classification of animals which are capable of interbreeding and producing fertile offspring.

(25) “SSP” means Species Survival Plan, which is a cooperatively managed species population within AZA member institutions to ensure the sustainability of a healthy, genetically diverse, and demographically varied population within AZA and its partners.

(26) “Take” means to kill or obtain possession or control of any wildlife (ORS 496.004 (16)).

(27) “Threatened species” means those species defined in ORS 496.004 (17).

(28) “USFWS” means the U.S. Fish and Wildlife Service.

(29) “Wildlife” means those species defined in ORS 496.004 (19).

(30) “Wildlife held as pets” means wildlife species which are native to Oregon and may be legally held including non-game wildlife, grandfathered species, or other wildlife under conditions of Chapter 635 Div. 44 administrative rules and are not held for commercial or non-profit purposes, or supported through fees, contracts or donations or as exhibit, educational, animal entertainment industry or sanctuary animals or in an AZA or ZAA accredited facility. Wildlife held as pets cannot be bred, reproduced, or propagated and may not be offered for sale, trade, barter, or exchange.

(31) “ZAA” means Zoological Association of America.

(32) “Zoo or Aquarium” as defined by the Association of Zoos Aquariums (2016) means “a permanent institution which owns and maintains wildlife, under the direction of a professional staff, provides its animals with appropriate care and exhibits them in an aesthetic manner to the public on a regular basis. The institution, division, or section shall further be defined as having as their primary mission the exhibition, conservation, and preservation of the earth’s fauna in an educational and scientific manner.”

Stat. Auth.: ORS 496, 496.390, 498.002, 498.029

Stats. Implemented: ORS 496

Hist.: DFW 3-2017, f. & cert. ef. 1-24-17

635-044-0430

Protected Wildlife

(1) Except as provided by Oregon statute or rule or letter of authorization, it is unlawful for any person to take, capture, hold, release or have in possession, either dead or alive, whole or in part, any wildlife listed in this section:

(a) Threatened or Endangered animals as provided for in 635-100-0125, Sensitive Species of Oregon as provided by 635-100-0040, species listed by Oregon Biodiversity Information Center (ORBIC) as “rare, threatened or endangered” in Oregon in the ORBIC published book (2016) and federally listed threatened and endangered listed species;

(b) All non-game birds except European starling (Sturnus vulgaris), house sparrow (Passer domesticus), and Eurasian collared-dove (Streptopelia decaocto); unless as authorized by a Migratory Bird Depredation Order, or in compliance with all terms and conditions of a Migratory Bird Depredation Permit issued by the US Fish and Wildlife Service under Title 50 Code of Federal Regulations Part 21, Subpart D. Nothing in this rule is intended to affect the provisions of ORS 610.002 to 610.990, or

(A) Alvord Lake chub (Siphateles alvordensis);

(B) Oregon lakes tui chub (Siphateles bicolor oregonensis);

(D) Oregon chub (Oregonichthys crameri);

(E) Goose Lake tui chub (Siphateles bicolor thalassinus);

(F) Northern pit roach (Hesperoleucus symmetricus mitrulus);

(G) Millicoma longnose dace (Rhinichthys cataractae ssp.);

(H) Lahonton redside shiner (Richardsonius egregius);

(I) Goose Lake sucker (Catostomus occidentalis lacusanserinus);

(J) Klamath smallscale sucker, Jenny Creek population (Catostomus rimiculus);

(K) Tahoe sucker (Catostomus tahoensis);

(L) Malheur sculpin (Cottus bendirei );

(M) Margined sculpin (Cottus marginatus);

(N) Pit sculpin (Cottus pitensis);

(O) Pacific lamprey (Entosphenus tridentatus);

(P) Western river lamprey (Lampetra ayresii);

(Q) Western brook lamprey (Lampetra richardsoni);

(R) Miller Lake lamprey (Entosphenus minimus);

(S) Klamath River lamprey (Entosphenus similis);

(T) Pit-Klamath brook lamprey (Entosphenus lethophagus);

(U) Goose Lake lamprey (Entosphenus spp.);

(d) Amphibians:

(A) Cope’s giant salamander (Dicamptodon copei);

(B) Clouded salamander (Aneides ferreus);

(D) California slender salamander (Batrachoseps attenuatus);

(E) Oregon slender salamander (Batrachoseps wrightorum);

(F) Del Norte salamander (Plethodon elongatus);

(G) Larch Mountain salamander (Plethodon larselli);

(H) Siskiyou Mountains salamander (Plethodon stormi);

(I) Blotched tiger salamander (Ambystoma mavortium melanostictum);

(J) Dunn’s salamander (Plethodon dunni);

(K) Southern torrent salamander (Rhyacotriton variegatus);

(L) Columbia torrent salamander (Rhyacotriton kezeri);

(M) Cascade torrent salamander (Rhyacotriton cascadae);

(N) Crater lake Newt (Taricha granulosa mazamae);

(O) Rocky Mountain tailed frog (Ascaphus montanus);

(P) Coastal tailed frog (Ascaphus truei);

(Q) Northern red-legged frog (Rana aurora);

(R) Foothill yellow-legged frog (Rana boylii);

(S) Cascades frog (Rana cascadae);

(T) Northern leopard frog (Lithobates pipiens);

(U) Columbia spotted frog (Rana luteiventris);

(V) Oregon spotted frog (Rana pretiosa);

(W) Western toad (Bufo boreas);

(X) Woodhouse toad (Anaxyrus woodhousii);

(Y) Great Basin spadefoot (Spea intermontana);

(e) Reptiles:

(A) Western painted turtle (Chrysemys picta bellii);

(B) Western pond turtle (Actinemys marmorata);

(D) Long-nosed leopard lizard (Gambelia wislizenii)

(E) Pygmy short-horned lizard (Phyrnosoma douglassi);

(F) Desert horned lizard (Phrynosoma platyrhinos);

(G) Sharp-tailed snake (Contia tenuis);

(H) Common kingsnake (Lampropeltis getula);

(I) California mountain kingsnake (Lampropeltis zonata);

(J) Western ground snake (Sonora semiannulata);

(K) Racer (Coluber constrictor);

(L) Rubber boa (Charina bottae);

(M) Night snake (Hypsiglena chlorophaea);

(N) Striped Whip snake (Coluber taeniatus);

(O) Ring-necked snake (Diadophis punctatus);

(P) Pacific coast aquatic garter snake (Thamnophis atratus);

(Q) Western whiptail (Aspidoscelis tigris);

(f) Mammals:

(A) All bats in the Order Chiroptera;

(B) American pika (cony) (Ochotona princeps);

(D) White-tailed jack rabbit (Lepus townsendii);

(E) Chipmunk (Tamias amoenus, T. minimus., T. senex, T. siskiyou and T. townsendii);

(F) Golden-mantled ground squirrel (Spermophilus lateralis);

(G) Red squirrel (Tamiasciurus. hudsonicus);

(H) White-tailed antelope squirrel (Ammospermophilus leucurus);

(I) Northern flying squirrel (Glaucomys sabrinus);

(J) White-footed vole (Arborimus albipes);

(K) Red Tree Vole (Arborimus longicaudus);

(L) Ringtail (Bassariscus astutus);

(M) Fisher (Martes pennanti);

(N) All marine mammals.

(2) Notwithstanding section (1) of this rule, it shall be lawful to purchase, sell, or exchange, or have in possession any pelt of wildlife listed in this rule which was lawfully taken in another state and transported into Oregon. A bill of lading or freight bill from a common carrier or other documentary proof indicating the state of origin of the pelt and the name and address of the person from whom the pelt was received shall be sufficient.

Stat. Auth.: ORS 496.138, 496.146, 496.162, 498.012 & 506.119

Stats. Implemented: ORS 496.162 & 506.129

Hist.: DFW 3-2017, f. & cert. ef. 1-24-17

635-044-0440

Capture and Holding of Wildlife

Wildlife may not be captured from the wild and/or held except as provided by OAR 635-044-0450(1), or with the following permits or licenses:

(1) Wildlife Holding Permit (OAR 635-044-0460(1) and 635-044-0480(2a));

(2) Wildlife Exhibitor/Animal Entertainment Industry Permit (OAR 635-044-0460(1) and 635-044-0470(2));

(3) Wildlife Sanctuary Permit (OAR 635-044-0460(1) and 635-044-0470(2a));

(4) Game bird Propagation License (OAR 635-044-0540(1));

(5) Falconry License (OAR 635-055-0010);

(6) Wildlife Rehabilitation Permit (OAR 635-062-0010);

(7) Scientific Taking Permit (OAR 635-043-0023 and 635-007-0900);

(8) Game Bird Release Permit for Hunting Dog and Raptor Training and Competitive Hunting Dog Trial Permit as defined in OAR 635 division 046;

(9) Hunting Preserve License (pheasants, quail, and partridge) defined in OAR 635-047-0015;

(10) Captive Cervid Holding and Propagation permits as defined in OAR 635, division 049;

(11) A federal permit or qualifying exception under the Code of Federal Regulations will serve in lieu of a state Wildlife Holding Permit for birds protected by the federal Migratory Bird Treaty;

(12) Fox (Vulpes vulpes or Urocyon cinereoargenteus) or mink (Mustela vison) may be held by a commercial fur farm under authority of the Oregon Department of Agriculture (ORS 596.010(3); 609.125; 596.020(2)).

(13) Fish Transport Permit (OAR 635-007-0600);

(14) Fish Propagation License (OAR 635-007-0650);

(15) Sturgeon Propagation Permit (OAR 635-007-0725)

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.002, 498.022, 498.029, 498.052, 498.222 & 498.242, 596.010, 596.020, 609.125;

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022,

Hist.: DFW 3-2017, f. & cert. ef. 1-24-17

635-044-0450

Holding Permit Requirements

(1) No person shall capture or hold three or more animals listed in OAR 635-044-0480 or legally held grandfathered animals (635-044-0470) without a valid Wildlife Holding Permit.

(2) Wildlife Holding Permits are specific to the species held, permit holder and to the holding facility described on the permit.

(3) Wildlife Exhibitor/Animal Entertainment Industry or Wildlife Sanctuary Permit is required to hold species listed in 635-044-0460 and 635-044-0480.

(4) All Wildlife Holding, Wildlife Exhibitor/Animal Entertainment Industry and Wildlife Sanctuary permittees shall certify to the Department that the species held complies with any applicable city or county ordinances and any applicable federal laws.

(5) No Wildlife Holding Permit is required to hold:

(a) Game birds legally acquired and held under a Game Bird Propagation License; game birds legally acquired from a licensed propagator or with a valid import permit from the Oregon Department of Agriculture;

(b) Captive or farmed cervids held under a Cervid Holding Permit or a Cervid Propagation License (OAR chapter 635 division 49);

(d) Game fish legally acquired and possessed with a valid Fish Transport Permit.

(6) Wildlife held for purposes of Exhibition or Animal Entertainment or in a wildlife sanctuary as defined in 635-044-0420(1), (5), (6), (7) or (22) require a Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary permit.

(a) Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary Permits must be renewed annually and include updated animal inventory, employee, facility, and business information, and associated fees.

(b) The annual fee for Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary Permit is $100 plus the $2 agent fee.

(c) AZA or ZAA accredited facilities can submit fees for their Wildlife Exhibitor/Animal Entertainment Industry permit at the same interval as their accreditation renewal. A five year AZA accreditation renewal requires payment of the cumulative annual fee for a Wildlife Exhibitor/Animal Entertainment Industry permit of $500 plus the $2 agent fee. An annual renewal report is required to document animal inventory, employee, or facility changes.

(7) Revocation or non-renewal of licenses or permits and contested case procedure are defined in 635-044-0570.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Hist.: DFW 3-2017, f. & cert. ef. 1-24-17

635-044-0460

Holding of Live Black Bear (Ursus americanus), Cougar (Puma concolor), Bobcat (Lynx rufus), Wolf (Canis lupus), Raccoon (Procyon lotor) and Skunk (Mephitis spp.)

(1) Black bears, cougars, bobcats, wolves, raccoons and skunks held in captivity require a Wildlife Holding or Wildlife Exhibitor/Animal Entertainment Industry or Wildlife Sanctuary Permit and associated fees paid for those species held.

(2) Black bears, cougars, bobcats, wolves, raccoons and skunks may only be held at AZA accredited facilities or in Department approved facilities meeting standards defined in the Oregon Enclosure and Caging Standards for Holding Wildlife (Exhibit 1) or as defined in 635-044-0500(5)(b).

(3) Black bears, cougars, bobcats, and wolves, acquired by transfer or new acquisition as part of an existing permit or new holding application after January 20, 2017, shall only be held at AZA accredited facilities or as approved by the Department in Wildlife Exhibitor/Animal Entertainment or Wildlife Sanctuary facilities. No more than one black bear, one cougar, or one bobcat may be held on a Wildlife Exhibitor/Animal Entertainment or Wildlife Sanctuary Permit unless approved by the Department.

(4) Black bears, cougars, bobcats, wolves, raccoons, and skunks must have been acquired from an out-of-state licensed USDA breeder with approved documentation that may include a valid sales receipt, Certificate of Veterinary Inspection with import permit from Oregon Department of Agriculture, valid agency transfer of ownership permit identifying the animal was propagated and born in legal captivity, or as approved by the Department.

(a) Black bears, cougars, bobcats, wolves, raccoons and skunks must be marked permanently and uniquely with either a lip or ear tattoo and/or implanted Radio Frequency Identification Device (microchip). Holders of these defined species of animals shall meet these requirements by January 21, 2018.

(b) Live black bears, cougars, bobcats, wolves, raccoons, and skunks shall not be removed from the wild, with the exception of animals captured and placed by the Department in an AZA accredited facility, or as authorized by a Scientific Taking Permit (OAR 635-043-0023), Wildlife Rehabilitation Rules (OAR 635 Div. 062), as nuisance wildlife captured by permit (OAR 635 Div. 435), or as approved by the Department.

(c) Black bears, cougars, bobcats, wolves, raccoons, and skunks held on a Wildlife Holding Permit or Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary Permit cannot be bred, reproduced, or propagated in Oregon or offered for sale, trade, barter or exchange, including grandfathered animals with one exception: The Department recognizes that AZA-accredited facilities participate in native species conservation, in part, by the breeding of native species in captivity; therefore, AZA-accredited facilities may breed native species for which there is a current AZA-approved SSP Program which calls for breeding in captivity at the AZA facility with prior approval by the Department. AZA accredited facilities must submit a copy of the relevant AZA SSP Breeding and Transfer Plan Recommendations. If an AZA accredited facility wishes to breed a native species that does not have an AZA-approved SSP Program or is not part of a federal and/or state species recovery plan, the facility may request authorization for breeding from the Department by including information on justification for breeding, number of young desired, and proposed final disposition of resulting progeny.

(d) Black bears, cougars, bobcats, and wolves may only be transferred between valid Wildlife Exhibitor/Animal Entertainment Industry, Sanctuary or AZA or ZAA accredited facilities with prior approval by the Department. Raccoons and skunks may not be offered for sale, trade, barter, or exchange as a household pet in Oregon (ORS 498.029).

(e) Black bears, cougars, bobcats, wolves, and raccoons must be held within AZA accredited facilities or facilities defined in Exhibit 1 and approved by the Department, except when:

(A) Transported to or from licensed Oregon veterinary clinics or other ODFW-approved facilities in temporary holding or transportation caging that is pre-approved by the Department; or

(B) With a Department letter of authorization for requested activities.

(f) Application renewals must include a description of permanent and unique animal identification mark and mark location, and veterinary documentation of reproductive sterilization (if required when both sexes are held). No access or contact shall occur between wild animals and captive wildlife including but not limited to black bear, cougar, bobcats, wolves, raccoons and skunks or other wildlife held on a Wildlife Holding or Exhibitor/Animal Entertainment Industry or Sanctuary Permit.

(5) The burden of proof of the hybridity of a bobcat-cross or wolf-cross animal is the responsibility of the animal owner. A wolf is considered “pure-bred” when the animal’s genetic and phenotypic makeup does not include any genetic material or characteristics of a domestic dog or other canine. A bobcat is considered “pure-bred” when the animal’s genetic and phenotypic makeup does not include any genetic material or characteristics of a domesticated cat or exotic felid species. Documentation in the form of breeding evidence by pedigree and record, records of acquisition and disposition, transactions, and sworn statements, will be required of all bobcats and wolves claimed to be hybrids, and genetic testing may be conducted by the Department. Lack of sufficient proof of hybridity as determined by the Department will genetically classify the animal as a bobcat or wolf requiring a Wildlife Holding Permit or Exhibitor/Animal Entertainment Industry or Sanctuary Permit and regulation under the conditions of these rules (635-044-0460(3), (7)(a), and 635-044-0470(2)).

(6) Raccoons and Skunks:

(a) No more than two raccoons may be held on a Wildlife Holding Permit. Additional animals may be held or added to a permit with Department approval.

(b) Two or more held raccoons or skunks of different sexes requires sterilization of either sex. Animals older than 6 months of age and adult animals presently held or newly acquired must be sterilized within 30 days of rule adoption or animal acquisition. Written documentation of the completed procedure by a licensed veterinarian is required.

(7) Gray Wolves in Captivity:

(a) Except as provided in 635-044-0470(3), pure-bred wolves acquired after January 20, 2017 must be held in AZA accredited facilities unless specifically approved by the Department.

(b) Current holders of captive wolves must:

(A) Not import, export, purchase, sell or exchange any pure-bred gray wolf except with written authorization from the Department prior to transferring a pure-bred gray wolf to another facility;

(B) Comply with the requirements of OAR 635-044-0470, and;

(D) Provide the Department a copy of their current federal permit/licenses with their Permit application or renewal.

Stat. Auth.: ORS 498.002, 497.228, 496.171 - 182

Stats. Implemented: ORS 498.002, 497.228, 496.171 - 182

Hist.: DFW 3-2017, f. & cert. ef. 1-24-17

635-044-0470

Grandfathering the Possession of Black Bear, Cougar, Bobcat, Wolf, Raccoon, Skunk, Squirrel, Chipmunk and Other Non-game Wildlife Species Legally Held as Pets

(1) Grandfathered wildlife may be held as pets, or for exhibitor, educational, or animal entertainment industry or sanctuary purposes, or in AZA accredited facilities as defined in these rules.

(2) A person who legally held native wildlife (black bear, cougar, bobcat, wolf, raccoon, skunk, squirrel, chipmunk) or other nongame species in Oregon prior to and on January 20, 2017 may continue to hold those animal(s) for the remainder of the animal(s) life provided:

(a) The holder submits an application for an annual Wildlife Holding, Exhibitor/Animal Entertainment Industry or Sanctuary Permit by January 21, 2018. Included with the application, the person must:

(A) Remit to the Department a fee of $25 per species held for a Wildlife Holding permit or $100 for a Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary Permit (plus a $2.00 license agent fee) for the permit or permit renewal; and

(B) Demonstrate to the Department that the person’s black bear, cougar, bobcat, wolf, raccoon and skunk holding facility complies with any applicable city or county ordinances and any applicable federal laws.

(C) Permit conditions may include, but are not limited to, facility design standards and actions to protect native wildlife and human safety.

(D) Permit renewal must occur before the expiration date printed on the permit issued by the Department.

(b) Grandfathered animals are held in Department approved facilities meeting standards defined in the Oregon Enclosure and Caging Standards for Holding Wildlife (Exhibit 1). The facilities housing legally acquired grandfathered black bears, cougars, bobcats, wolves, raccoons, skunks, squirrels, chipmunks, and other legally held non-game species, must meet the minimum facility standards defined herein in Exhibit 1 by January 21, 2018.

(c) Grandfathered bears, cougars, bobcats, wolves, raccoons, skunks, squirrels, and chipmunks must have been acquired from a legally propagated out-of-state source or legally acquired with approved documentation that may include a valid sales receipt, Certificate of Veterinary Inspection with import permit from Oregon Department of Agriculture, valid agency transfer of ownership permit identifying the animal was propagated and born in legal captivity, or as approved by the Department. All permit holders of grandfathered animals shall provide to the Department a signed and notarized affidavit stating how the grandfathered animal(s) were legally acquired.

(d) Grandfathered wildlife held as pets may not be bred. Two or more held grandfathered black bears, cougars, bobcats, wolves, raccoons, skunks, squirrels, chipmunks, or other grandfathered wildlife of the same species of different sexes, requires sterilization of either sex for animals older than 6 months of age, within 30 days of rule adoption. Written documentation of the completed procedure by a licensed veterinarian is required. Avoidance of reproduction of nongame wildlife of different sexes can be accomplished by separation of the sexes, disposal of eggs, veterinary sterilization, etc., and is the responsibility of the wildlife holding permittee.

(3) The only person(s) who may hold pure-bred wolves in captivity are those who, as of December 31, 2009, held a gray wolf or wolves in captivity in Oregon under previous Oregon Department of Agriculture, Class I Exotic Canine, Exotic Animal Division 603 Rules or held a valid license or registration from the U.S. Department of Agriculture, under the federal Animal Welfare Act of 1970. These persons must also obtain authority under the requirements of 635-044-0460(7) of this rule.

(a) Beyond the persons described in paragraph (2), the Department will not issue any new permits to hold a pure-bred wolf in captivity except as defined in OAR 635-044-0460(7)(a).

(b) Wolves legally held under the provisions of paragraph (2) may only be transferred to an AZA accredited facility unless specifically approved by the Department.

(4) Grandfathered black bears, cougars, and bobcats may only be transferred from the original Wildlife Holding Permit to an AZA accredited facility or an approved Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary facility, or as approved by the Department. Raccoons and skunks may not be offered for sale, trade, barter, or exchange as a household pet (ORS 498.029).

Stat. Auth.: ORS 498.002, 497.228, 496.171 - 182

Stats. Implemented: ORS 498.002, 497.228, 496.171 - 182

Hist.: DFW 3-2017, f. & cert. ef. 1-24-17

635-044-0475

Wildlife Held by Exhibitor/Animal Entertainment Industry and Wildlife Sanctuaries

(1) Wildlife held for exhibitor/education or animal entertainment industry purposes or in wildlife sanctuaries are not considered wildlife held as pets. Animals previously held for entertainment purposes that are no longer performing due to age or debilitation may be held as pets (e.g. not on exhibit or performing) by the business or transferred to an exhibitor or sanctuary with prior Department approval.

(2) Wildlife Exhibitor/Animal Entertainment Industry and Sanctuary permittees must be Oregon residents, as defined in OAR 635-010-0015(4)(a), and maintain their approved facility and held wildlife collections in Oregon.

(3) Exhibitor/Animal Entertainment Industry and Sanctuary permittees may only transfer legally held wildlife between other Oregon Wildlife Exhibitor/Animal Entertainment Industry and Sanctuaries permittees or an AZA accredited facility, or add new animals including black bear, cougar, and bobcat to their inventory of legally held wildlife, with prior written approval by the Department.

(4) Exhibitor/Animal Entertainment Industry permittees of held wildlife must provide:

(a) Written documentation to the department with their annual permit application showing that:

(A) Animals held on Exhibitor/Animal Entertainment Industry permit are exhibited to the public for exhibition or education purposes; or,

(B) Permittee of animals used in animal entertainment must document active contract work including dates and job descriptions for that year involving wildlife held on the permit;

(b) A copy of their business license, Non-Profit filing status (if applicable), Tax Identification Number, and/or Employer Identification Number and documentation showing approval of their held species of wildlife by local city, town, or county ordinances;

(c) Written documentation of the permit holder and employee qualifications to transport and possess only those species specified on the department approved permit including black bears, bobcat, cougars, and wolves and including: Documentation that applicants or the applicant’s employee(s) who will be handling wildlife are at least 18 years of age and possess the equivalent of at least two years, paid or volunteer, hands-on experience caring for and handling species at facilities engaged in a similar or directly related activity to the permit requested. Applicants or the applicant’s employee shall have at least one year hands-on professional experience working with black bears, bobcats, cougars, or wolves in the same family or closely related taxonomic family as each species being requested. Experience will be considered only for the periods the applicant or the applicant’s employee was directly involved in and responsible for the animals while engaged in the activity requested on the permit and only when acquired within five years of the date of the initial permit application.

(d) AZA accredited facilities are exempt from the requirements listed in this section (4).

(5) Wildlife Exhibitor/Animal Entertainment Industry permittees holding native wildlife for the purposes of education may hold species defined under the rules of Chapter 635 Divisions 044 and 062. Native wildlife that are found injured and/or orphaned in the wild in Oregon and are not suitable for release into the wild, but are suitable for educational purposes, may be held under a Wildlife Exhibitor/Animal Entertainment Industry permit provided the animal in question is placed by the Department and given to a licensed Wildlife Rehabilitator not directly associated with the Exhibitor’s business, unless approved by the Department.

(a) Placement or final disposition of wild non-releasable wildlife will be determined at the discretion and pre-approval of the Department. Native species shall only be acquired from the Department or, upon approval by the Department, from a licensed Oregon Wildlife Rehabilitation Facility that is permitted with the Department.

(A) The Department veterinarian shall receive written documentation for each animal requested for Exhibit from a licensed Oregon Wildlife Rehabilitation Facility’s veterinarian stating why the animal is unsuitable for wildlife rehabilitation and release, but suitable for education purposes.

(b) Licensed Oregon wildlife rehabilitators who legally hold only non-releasable migratory bird species for educational purposes are not required to acquire a Wildlife Exhibitor/Animal Entertainment Industry permit.

(c) Wildlife may only be transferred from a licensed wildlife rehabilitation facility to a permitted Wildlife Exhibitor/Educational facility through prior approval by the Department.

(6) New application requirements for Wildlife Exhibitor/Animal Entertainment Industry and Sanctuary permit shall include:

(a) An inventory of each animal requested including the common and scientific name, sex, and age of each animal.

(b) A resume which provides the dates and description of an applicant or their full-time employee’s experience. The resume is required only when applying for the initial permit, an amendment, or when applying to add new species to the inventory upon renewing a permit.

(c) A copy of current USDA license or registration document required by the USDA (for mammals) and a copy of the most recent USDA facility inspection form completed for the facility shall be on file with the department at all times. A copy of the issued USDA license or registration document shall be provided to the department within 10 business days of receipt of the document.

(d) Three letters of recommendation are required for new applicants, written in the previous five years, on letterhead stationary with an original signature signed in ink from the owner or operator of a facility where the applicant or their employee gained his/her experience and may include a recommendation from other licensed industry associates. The letters shall provide the printed name of the owner or operator and detailed information regarding the quality and extent of the applicant’s or their employee’s, knowledge and experience related to the permit requested. AZA and ZAA accredited facilities may submit this information with their 5-year accreditation documents, however, animal inventory and employee and facility changes must be submitted annually.

(e) A detailed statement of purpose describing the planned use for each animal. Applicants shall include relevant materials including lists of prospective clients with their contact information or contracts with clients or websites, scripts, brochures or flyers promoting or describing the planned use of the animals. If the animals will be used in an educational program, the applicant shall provide an explanation why live native and/or restricted species are necessary and copies of the educational material that will be distributed. The department may deny the issuance of a permit if it determines that the statement of purpose for the animal(s) does not sufficiently describe the planned use for each animal or is not supported by the permit application materials. The department may require a permittee seeking to renew a permit to provide documents, including but not limited to client lists with contact information or contracts with clients, demonstrating that the use of a permitted animal was consistent with the statement of purpose.

(f) A copy of all current permits required by the United States Fish and Wildlife Service (USFWS) shall be on file with the Department at all times. A copy of the issued USFWS license or registration document shall be provided to the Department within 10 business days of receipt. Any person who is required to possess a USFWS permit for the restricted species applied for or listed on a Department-approved permit is required to comply with these requirements.

(g) The name, address, and telephone number of the veterinarian that provides veterinary care for wildlife listed on the permit.

(h) Emergency Action Plan. Every Exhibitor, Animal Entertainment Industry and Sanctuary Permittee shall have a written Emergency Action Plan readily available and posted in a conspicuous place in the event of an escape, an attack or an emergency evacuation, and shall submit a copy to the department upon application, renewal of a permit and addition of species. The Emergency Action Plan shall be titled, with a revision date, updated annually and include, but is not limited to the following:

(A) List of the re-capture equipment available, including but not limited to darting equipment, nets, traps, and chemical immobilization drugs;

(B) Description of humane lethal dispatch methods for various animals and a list of qualified personnel who are trained to carry out the methods;

(i) List of medical supplies/first aid kits and where they are located;

(ii) Description of mobile transport cages and equipment on hand;

(iii) List of emergency telephone numbers that includes the local department field office, department regional office, and animal control agencies; and

(iv) Written plan of action for emergencies.

(i) Permittees are responsible for the capture, and for the costs incurred by the Department related to capture or elimination of the threat, of an escaped animal or the use of humane lethal force required to capture an animal that escapes. If an escaped animal becomes a public safety threat, state, federal, or local law enforcement personnel have the authority to use appropriate lethal force required to end the threat.

(j) Any incident involving an animal held under a Wildlife Holding or Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary Permit that results in serious injury or death to a person shall be reported immediately to the department’s District office having jurisdiction over the area in which the serious injury and death has occurred. If the Department determines that serious injury or death has occurred as a result of contact with an animal held under the authority of a Wildlife Holding, or Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary Permit, the authorizations and conditions of the permit may be reviewed and subject to change by the Department. Additional conditions to the permit may be added at any time to provide for human health and safety.

(k) Permittees shall report by telephone immediately and at first knowledge of the intentional or unintentional escape or release of a wild animal to the Department District biologist and the nearest law enforcement agency of the city or county in which the wild animal was released or escaped.

(7) Wildlife Sanctuaries must follow Global Federation of Animal Sanctuaries standards and requirements in effect on January 20, 2017. Wildlife Sanctuaries shall have:

(a) No captive breeding;

(b) No commercial trade in animals or animal parts;

(c) No public tours allowed that are not guided and conducted in a manner that minimizes the impact on the animals and their environment, does not cause them stress, and gives them the ability to seek visual barriers and shelter;

(d) Animals are not exhibited or taken from the sanctuary or enclosures/habitats for non-medical reasons; and

(e) The public does not have direct contact with wildlife.

(8) Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary Permittees holding black bears, cougars, or wolves exhibited directly to the public or involving guided tours and inclusive of zoos and aquariums, must show annual proof of liability insurance policy with an insurer authorized or approved to write such insurance in Oregon that covers claims or injury or damage to persons or property caused by wildlife held on their permit or any resulting claims against the state. The amount of the insurance coverage shall be not less than one million US dollars.

(9) Wildlife used in filmed media entertainment must follow the American Humane Association’s (AHA) Guidelines for the Safe Use of Animals in Filmed Media monitored by AHA Certified Animal Safety Representatives and use held wildlife in productions that attain the American Humane Association rating of acceptable or outstanding.

(10) For-profit and non-profit Zoos and Aquariums that are not AZA or ZAA accredited and are holding native wildlife must gain AZA or ZAA accreditation status by January 21, 2022. For purposes of Chapter 635 Division 44 rules, AZA and ZAA are considered equivalent in quality of standards for holding native Oregon wildlife.

Stat. Auth.: ORS 498.002, 496.171 - 182

Stats. Implemented: ORS 498.002, 496.171 - 182

Hist.: DFW 3-2017, f. & cert. ef. 1-24-17

635-044-0480

Holding of Nongame Wildlife

(1) Native nongame wildlife may not be sold or propagated except as provided in Division 200.

(2) A Wildlife Holding Permit is required to hold three or more animals of a limited number of nongame wildlife species for each facility or household.

(3) Only nongame species from the following list are permitted to be held. These species are determined to be demonstrably widespread, abundant, and secure through the NatureServe state ranking process as currently determined by the Oregon Biodiversity Information Center (ORBIC) as of the date of the revised rule adoption. (http://inr.oregonstate.edu/orbic/rare-species/ranking-definitions)

(a) Amphibians:

(A) Northwestern Salamander (Ambystoma gracile);

(B) Long-toed Salamander (Ambystoma macrodacytlum);

(D) Ensatina (Ensatina eschscholtzii);

(E) Western Red-Backed Salamander (Plethodon vehiculum);

(F) Rough-Skinned Newt (Taricha granulosa);

(G) Pacific Treefrog or Pacific Chorus Frog (Pseudacris regilla);

(b) Reptiles:

(A) Northern Alligator Lizard (Elgaria coerulea);

(B) Southern Alligator Lizard (Elgaria multicarinata);

(D) Northern Sagebrush Lizard (Sceloporus graciosus graciosus);

(E) Western Fence Lizard (Sceloporus occidentalis);

(F) Common Side-Blotched Lizard (Uta stansburiana);

(G) Western Rattlesnake (Crotalus oreganus): excluding Willamette Valley populations;

(H) Pacific Gopher Snake (Pituophis catenifer);

(I) Western Terrestrial Garter Snake (Thamnophis elegans);

(J) Northwestern Garter Snake (Thamnophis ordinoides);

(K) Common Garter Snake (Thamnophis sirtalis);

(A) North American Porcupine (Erethizon dorsatum);

(B) Long-Tailed Vole (Microtus longicaudus);

(D) Creeping vole (Microtus oregoni);

(E) Ermine (Mustela erminea);

(F) Long-Tailed Weasel (Mustela frenata);

(G) Bushy-Tailed Woodrat (Neotoma cinerea);

(H) Dusky-footed woodrat (Neotoma fuscipes);

(I) Deer Mouse (Peromyscus maniculatus);

(J) Great basin pocket mouse (Perognathus parvus);

(K) Coast Mole (Scapanus Orarius);

(L) Northern pocket gopher (Thomomys talpoides);

(M) California Ground Squirrel (Spermophilus beecheyi);

(N) Belding’s Ground Squirrel (Spermophilus beldingi);

(O) Brush Rabbit (Sylvilagus bachmani);

(P) Douglas’s Squirrel (Tamiasciurus douglasii).

(4) Additional species may be petitioned for proposed inclusion to the list of species permitted and held under a Wildlife Holding Permit with a written request and justification submitted to the Department.

(5) Wildlife listed in this section that are captured from the wild and held for more than 48 hours in captivity, or held on a Wildlife Holding Permit, must remain in captivity for the life of the animal and may not be returned to the wild without prior approval by the Department. This rule does not apply to wildlife held under 635-062-0000 (Wildlife Rehabilitation).

(6) Wildlife species whose ORBIC status changes from being demonstrably widespread, abundant, and secure (S5 ORBIC status), to a less secure status (S1-4), will be grandfathered to the individual permit holder at the time of the status change for the life of the animals. No further collections or additions will be permitted to new or existing Wildlife Holding Permits for that species without prior approval by the Department.

Stat. Auth.: ORS 498.002, 496.171 - 182

Stats. Implemented: ORS 498.002, 496.171 - 182

Hist.: DFW 3-2017, f. & cert. ef. 1-24-17

635-044-0490

Cost, Expiration Date, and Changes to a Wildlife Holding, Wildlife Exhibitor/Animal Entertainment Industry or Wildlife Sanctuary Permit

(1) Any person desiring to obtain a Wildlife Holding Permit must be an Oregon resident with a legal Oregon address and must submit a complete application and a non-refundable application species fee and license agent fee listed on the permit application. All applications require Department approval and payment of the Wildlife Holding Permit fees of $25 for each species held.

(2) Any person desiring to obtain a Wildlife Exhibitor/Animal Entertainment Industry or Sanctuary permit must be an Oregon resident and identify whether the applicant is an individual, partnership, corporation, Limited Liability Company or other legal entity. (if a partnership, the application must provide the full names and addresses of the partners; if a corporation, the application must provide the full names and addresses of all officers, directors and stockholder; if a limited liability company, the application must provide the full names and addresses of all members and managers; if the applicant is structured as a tiered organization, the application must provide the full names and address of all of the partners; or officers, directors and stockholders; or members and managers of each constituent entity within the tiered organization). Applicant must submit a complete application and a non-refundable application fee of $100 and license agent fee listed on the permit application.

(3) The Wildlife Holding, Wildlife Exhibitor/Animal Entertainment Industry, and Wildlife Sanctuary Permits expires on December 31 of the year issued.

(4) All permit renewals and payment of associated fees must occur before the expiration date of the current permit. Verification of annual permit requirements (if applicable to the permit) must accompany the renewal application.

(5) A new application is required for any change of address by the permittee.

(6) The addition of animals of the species approved on the original permit requires prior approval by the local department biologist.

(7) Except as directed in 635-044-0470(4) and 635-044-0475(1)(A) and (3), wildlife held on a Wildlife Holding Permit may only be transferred to another Wildlife Holding Permittee and requires:

(a) The species transferred is listed on the receiving permittee’s Wildlife Holding Permit, and;

(b) A new application and updated Wildlife Holding Permit and payment of associated fees for the addition of animals of the species transferred, and;

(8) Failure to renew a Wildlife Exhibitor/Animal Entertainment Industry or Wildlife Sanctuary Permit, or Wildlife Holding Permit by December 31 of the year issued may result in a penalty or confiscation of held species, fines, and denial of a future permit.

(9) The Department may revoke or decline to renew a Wildlife Exhibitor/Animal Entertainment Industry or Wildlife Sanctuary Permit or Wildlife Holding Permit or Game Bird Propagation License if the permittee/licensee is convicted of, or admits to a violation of, any wildlife law or any rule, order or permit issued under the wildlife laws within the previous 5 years of the date of application. Upon revocation or non-renewal of a permit, the Department will confiscate any birds, mammals, amphibians and reptiles held.

(10) Cancelation or non-renewal of application, licenses, or permits and contested case procedure is defined in 635-044-0570.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Hist.: DFW 3-2017, f. & cert. ef. 1-24-17

635-044-0500

Requirements for Care of Wildlife Held in Captivity

(1) All wildlife held in captivity, including, but not limited to, wildlife held under any permit, license, or condition listed in 635-044-0460 and 635-044-0480 or under a Game Bird Propagation license must provide minimum care sufficient to preserve the health and well-being of the held wildlife (except for emergencies or circumstances beyond the reasonable control of the holder), including, but is not limited to, the following requirements:

(a) Appropriate food for each held species of sufficient quantity and quality to allow for normal growth or maintenance of body weight.

(b) Open or adequate access to potable water in sufficient quantity and quality to satisfy the animal’s needs.

(c) Shelter sufficient to protect from adverse elements, protect from predators, prevent escape, prevent other wildlife from entry, and prevent injury. Any other requirement particular to the survival of the specific animal shall also be provided.

(d) Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect or disease.

(e) Daily access to an area:

(A) With adequate space for exercise necessary for the health of the animal (except when transporting);

(B) With air temperature suitable for the species of animal; and

(f) Captive wildlife may not be restrained with a chain, rope, hobbles or similar restraint method. Tethering of raptors is permitted.

(2) It is unlawful for any person possessing wildlife in their care and possession to cause or allow such wildlife to be chased, injured, harmed, harassed, or neglected.

(3) Wildlife held on a Wildlife Holding Permit may not be released in Oregon without prior approval by the Department.

(4) Wildlife listed in this section and captured from the wild and held for more than 48 hours in captivity or held on a Wildlife Holding Permit must remain in captivity for the life of the animal and may not be returned to the wild following capture without prior approval by the Department.

(5) Facilities housing wildlife must meet ODFW minimum standards for species defined in the ODFW Enclosure and Caging Standards for Holding Wildlife for Wildlife Held in Captivity (Exhibit 1); and

(a) Enclosed within suitable structures to prevent escape or prevent other wildlife from entry;

(b) Applicants of Wildlife Holding Permits and holders of wildlife in captivity must demonstrate equivalency of facility construction with Department approval of all proposed facility construction design, materials, and specifications equivalent or exceeding the ODFW Enclosure and Caging Standards for Holding Wildlife.

Stat. Auth.: ORS 167.305, 167.310, 167.312, 167.315, 167. 320, 167. 322, 167.333, 167.334, 167.335, 167.340, 167.343, 167.345, 167. 347, 167.349, 167.355, 167.390 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.006, 498.022, 498.029, 498.052, 498. 222, 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242, 167.310

Hist.: DFW 3-2017, f. & cert. ef. 1-24-17

635-044-0510

Inspection of Facilities

(1) Facilities holding captive wildlife are subject to inspection by any State Police officer or Department representative. Inspection of the facilities may take place without warrant or notice, but, unless prompted by emergency or other exigent circumstances, shall be limited to regular and usual business hours, including weekends. Nothing in these rules is intended to authorize or allow the warrantless search or inspection of a permit holder’s residence.

(2) Any inspection(s) of Exhibitor/Animal Entertainment or Sanctuary Permit or Wildlife Holding permit facilities involving approval of new or modified facilities may require a $150 inspection fee. An inspection fee may be assessed for Wildlife Holding Permit facilities depending on species and number of wildlife held.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222, 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242

Hist.: DFW 3-2017, f. & cert. ef. 1-24-17

635-044-0520

Ownership of Captured Wildlife Held in Captivity

(1) Native wildlife, or the progeny thereof, captured from the wild in Oregon remains the property of the State of Oregon.

(2) Wildlife native to Oregon that are acquired legally from an out-of-state propagator and held in captivity are not considered property of the state of Oregon, but are subject to the same wildlife rules as legally acquired native wildlife collected in Oregon and held in captivity.

(3) Wildlife cannot be sold, exchanged, bartered, transferred or released in Oregon except as defined by rule or statute or as authorized by the Department.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Hist.: DFW 3-2017, f. & cert. ef. 1-24-17

635-044-0530

Possession of Coyote Prohibited Without Permit

It is unlawful to keep coyotes (Canis latrans) in captivity except in compliance with the terms and conditions of a permit issued pursuant ORS 497.298 and 497.312.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222, 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242

Hist.: DFW 3-2017, f. & cert. ef. 1-24-17

635-044-0540

License Required to Propagate Game Birds

(1) Any person or business desiring to propagate for sale any game bird, limited to the following bird species in the families listed below, must submit a complete application and a non-refundable application fee of $52 and license agent fee listed on the permit application:

(a) Columbidae (mourning doves and band-tailed pigeons only);

(b) Anatidae (all species except mute swans and Egyptian geese);

(A) Subfamily Phasianinae species only;

(B) Subfamily Tetraoninae (grouse and ptarmigan except Genuses Centrocercus and Tympanuchus);

(D) Subfamily Perdicinae (partridges and common quail (Coturnix coturnix);

(d) Odontophoridae (Genuses Callipepla, Colinus, and Oreortyx only); and

(e) Scolopacidae (Gallinago delicate only).

(2) Game Bird Propagation Licenses expire on December 31 of the year issued.

(3) Any person desiring to propagate, sell or barter any raptor as defined in OAR 635-055-0002(3) protected by federal law must first adhere to all permit requirements and regulations pertaining to the propagation and selling of raptors, as adopted by the U.S. Department of the Interior (Federal Register, Vol. 48, No. 132, Part 21). The license holder must provide a copy of their current federal permits to the department with their application or renewal.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Hist.: DFW 3-2017, f. & cert. ef. 1-24-17

635-044-0550

Shipping Requirements for Propagated Game Birds

Any game birds shipped within or outside the state by the holder of a Game Bird Propagation License must have affixed to the shipping container a record showing:

(1) Name, address, and Game Bird Propagation License number of shipper;

(2) Name and address of consignee;

(3) Species name (common and scientific) and numbers of game birds contained; and,

(4) Import of game birds into the state of Oregon requires a Certificate of Veterinary Inspection from a federally accredited veterinarian and must be accompanied by an Oregon Department of Agriculture import permit with exceptions listed in OAR 603-011-0255.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Hist.: DFW 3-2017, f. & cert. ef. 1-24-17

635-044-0560

Record Keeping and Reporting Requirements for Game Bird Propagation License

(1) A record of all business transactions involving sale or purchase of eggs or game birds, must be current to date and available at the facility as listed on the permit. Records for the current calendar year must be made available for inspection by Oregon State Police or Oregon Department of Fish and Wildlife personnel.

(2) An annual report of operations must be received with the annual renewal application and fees before the date of permit expiration. The annual report shall include the total number of game birds by species purchased or acquired and all sales or transfers by species, including eggs, births and deaths within the previous calendar year.

(3) Imported or exported game birds must have a certificate of veterinary inspection and any import permit or license and documentation of ownership or other information that may be required by the receiving state.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Hist.: DFW 3-2017, f. & cert. ef. 1-24-17

635-044-0570

Cancellation and Non-Renewal of Game Bird Propagation License or Wildlife Holding or Wildlife Exhibitor/Animal Entertainment Industry or Wildlife Sanctuary Permit

Failure to comply with any requirements within these rules or conditions of authorization is cause to cancel or deny renewal of the Game Bird Propagation License and/or Wildlife Holding Permit and/or Exhibitor/Animal Entertainment Industry or Sanctuary Permits and confiscate or require disposal of the wildlife being held. A person may appeal cancellation or denial of a license or 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 (or 90 days for emergency revocations). 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 will be issued by the Director.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242, 183.430, 183.470, 183. 484, 183.700

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Hist.: DFW 3-2017, f. & cert. ef. 1-24-17

635-044-0580

Disposition of Wildlife Upon License Suspension, Revocation, Nonrenewal or Denial

(1) Within 90 days after any of the following events, any person holding wildlife must dispose of the animals:

(a) Suspension, revocation or expiration of the Wildlife Holding Permit or Exhibitor/Animal Entertainment Industry or Sanctuary Permits or Propagation License;

(b) Denial of an application for license; or

(c) Receipt of a notice from the Department informing the holder that the wildlife held is/are not authorized by license.

(2) “Dispose” means to do the following in compliance with these rules:

(a) Euthanize;

(b) Transfer to another licensed Wildlife Holding or Exhibitor/Animal Entertainment Industry or Sanctuary or Propagation facility; or

(3) If the holder fails to dispose of any wildlife held by the deadline specified in paragraph (1), and if the Department determines that the wildlife held pose an imminent threat to wildlife, livestock, or public health requiring prompt action, the Department may humanely euthanize, confine, transfer, or otherwise dispose of the animals as it determines necessary. In all other circumstances, the Department may humanely euthanize, transfer, confine or otherwise dispose of the wildlife held only after providing the holder with notice and an opportunity for hearing. The Department may choose to keep the wildlife held on the holder’s property until an appropriate means of disposal is found or pending a hearing. The Department bears no liability for such actions. Any wildlife held for disposal must be treated humanely in compliance with these rules.

(4) The holders of any wildlife of which the Department disposes pursuant to paragraph (3) must compensate the State of Oregon for any and all expenses incurred by the State during disposition.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106

Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106

Hist.: DFW 3-2017, f. & cert. ef. 1-24-17

635-044-0590

Control of Disease Outbreaks in Captive Wildlife

(1) Diseased captive wildlife may be an imminent danger to public, wildlife, domestic animals, or livestock health.

(2) Upon determination that an outbreak of communicable disease among captive wildlife is an imminent danger to public, wildlife, domestic animals, or livestock health, the Department may order the holder to euthanize, confine or transfer, by a specified deadline, any or all wildlife they hold.

(3) Failure by the holder to take action ordered by the Department pursuant to paragraph (2) may result in the Department or its agents entering the holder’s facility to confine, euthanize, or transfer diseased wildlife. The holder is liable for any costs the State of Oregon so incurs. The Department bears no liability for such actions.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106

Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052, 174.106

Hist.: DFW 3-2017, f. & cert. ef. 1-24-17

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.