Or. Admin. Code § 635-435-0005

Current through Register Vol. 63, No. 12, December 1, 2024

Section 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, unprotected mammals, wild turkeys and western gray squirrels for the purpose of reducing property damage, removing nuisance animals, or resolving public health threat or safety concerns caused by wildlife.

(2) "Damage" means loss of or harm inflicted on land, livestock or agricultural or forest crops.

(3) "Department" means Oregon Department of Fish and Wildlife.

(4) "Display for public exhibit" means to place or locate wldlife so that it may be viewed or accessed directly by the public.

(5) "Euthanasia" means to humanely end the life of an individual animal by a person in a way that minimizes or eliminates pain and distress as defined in the "American Veterinary Medical Association (AVMA) Guidelines for the Euthanasia of Animals: 2020 Edition."

(6) "Forestland" means land that is used for the growing and harvesting of forest tree species, regardless of how the land is zoned or taxed or how any state or local statutes, ordinances, rules or regulations are applied.

(7) "Furbearers" are beaver, bobcat, fisher, marten, mink, muskrat, otter, raccoon, red fox, and gray fox. For any person owning, leasing, occupying, possessing or having charge of or dominion over any land (or an agent of this person) who is taking or attempting to take beaver or muskrat on that property, these two species are considered predatory animals.

(8) "Notification" means that the Wildlife Control Operator (WCO) conducting wildlife control activities has been contacted by the client or designee by phone, text, email, fax, or in person that a trap has been closed, with a live animal inside.

(9) "Possess" means to have control or exercise dominion over any wildlife or wildlife parts (OAR 635-045-0002(53).

(10) "Predatory animals" means coyotes, rabbits, rodents (except beaver), and feral swine which are or may be destructive to agricultural crops, products and activities (ORS 610.002 & 610.105). 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. Muskrats, western gray squirrels (Sciuris griseus), gophers, mountain beaver (boomer), marmot, nutria, and porcupine causing damage on private property are defined as predatory animals under ORS 610.002.

(11) "Prohibited species" means wildlife that the commission has placed on the Prohibited list in its Wildlife Integrity Rules (OAR 635-056-0050 & 635-056-0130).

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

(13) "Public Nuisance" means loss of or harm inflicted on persons, gardens, ornamental plants, ornamental trees, pets, vehicles, boats, structures, or other personal property (ORS 498.012).

(14) "Unprotected Mammals" means badger, coyote, gophers (Thomomys bottae, T. bulbivorus, T. mazama, T. talpoides and T. townsendii), moles (Scapanus townsendii, S. orarius and S. latimanus), mountain beaver (Apolodontia rufa), yellowbellied marmots (Marmota flaviventris), nutria, opossum, porcupine, spotted skunk, striped skunk, and weasel. For any person owning, leasing, occupying, possessing or having charge of or dominion over any land (or an agent of this person) who is taking or attempting to take coyote, gophers, mountain beaver (boomer), marmot, nutria, or porcupine on that property, these six species are considered to be predatory animals.

(15) "Wildlife Control Operator" (WCO) means an agent, who is the principal manager or business owner, or employee of the business listed on the WCO permit and responsible for activities conducted in the course of wildlife control activities.

(16) "Wild Turkey" means turkeys (Meleagris gallopavo) that are free roaming on public or private lands and not being held under domestic management confinement and where there has been no report to the Department and/or local authorities from a landowner, manager, or occupant or their representative of specifically identified and described turkey(s) having escaped domestic management confinement.

Or. Admin. Code § 635-435-0005

DFW 117-2006, f. & cert. ef. 10-16-06; DFW 25-2012, f. & cert. ef. 3-16-12; DFW 162-2015, f. & cert. ef. 12/9/2015; DFW 36-2020, temporary amend filed 03/30/2020, effective 03/31/2020 through 09/26/2020; DFW 139-2020, amend filed 10/12/2020, effective 10/12/2020; DFW 55-2024, amend filed 06/28/2024, effective 7/1/2024

Statutory/Other Authority: ORS 496.138, ORS Ch. 496.012, 496.146 & 496.162

Statutes/Other Implemented: ORS 496.138, ORS Ch. 496.012, 496.146 & 496.162