Or. Admin. Code § 635-435-0010

Current through Register Vol. 63, No. 11, November 1, 2024

Section 635-435-0010 - Permit Required to Capture, Possess, or Transport Wildlife

(1) A WCO permit is required for any individual, business owner, or the business owner's designee charging a fee to control bats, furbearers, unprotected mammals (excluding moles (Scapanus spp.), wild turkeys and western gray squirrels causing damage, creating a public nuisance or posing a public health or safety concern; and for the offsite transportation of any live wildlife;

(a) A WCO permit is not required for the onsite capture and euthanasia of species defined as "predatory animals".

(b) Federal employees of the U.S. Department of Agriculture, Animal Plant and Health Inspection Service-Wildlife Services and, county or municipality employees, working in their official capacity, are exempt from this requirement.

(c) WCO permittees must comply with all state wildlife laws and regulations, and all activities must be in compliance with conditions specified by these rules, permit or authorization from the Department.

(2) A permit allows a WCO to:

(a) Capture, possess, or transport furbearers, predatory animals, wild turkeys, western gray squirrels, unprotected mammals and all snakes.

(b) Humanely euthanize wildlife authorized under this permit using methods defined by the "American Veterinary Medical Association (AVMA) Guidelines for Euthanasia of Animals: 2020 Edition" except for the following species of snakes which shall be relocated:

(A) Willamette Valley Populations of Western Rattlesnake (Crotalus oreganus);

(B) Sharptail snake (Contia tenuis);

(C) Common Kingsnake (Lampropeltis getula);

(D) California Mountain Kingsnake (Lampropeltis zonata);

(E) Western Ground Snake (Sonora semiannulata).

(c) Collect and dispose of animals directly related to WCO activities.

(3) WCO activities for all bat species are as follows:

(a) Exclusion and eviction permitted except during the months of June, July and August unless the permittee receives prior authorization from the Department. For purposes of this rule, "exclusion" and "eviction" are defined as follows:

(A) "Exclusion" means taking actions to prevent an animal from occupying a space or structure

(B) "Eviction" means creating conditions which encourages an animal to move out, and remain out of an area.

(b) Capture of bats from indoor areas not associated with roosting, hibernaculum and nurseries is permitted year round, provided that the bat is immediately released outdoors or taken to a licensed wildlife rehabilitator.

(4) WCO activities for beaver are as follows:

(a) WCO's must provide the property owner or legal occupant information provided by the Department regarding nonlethal deterrents.

(b) Take of beaver on privately owned forestlands whose owner owns or holds common ownership interest in 5,000 or more acres of forestland in this state, may only occur when:

(A) The beaver has damaged or imminently threatens infrastructure; or

(B) The beaver poses a threat to, but not imminently threatens, infrastructure and 30 days have passed since the landowner made a request to the Department to address the threat to infrastructure apparently posed by the beaver.

(c) Take of beaver may occur in situations where the beaver is not causing damage, is not a public nuisance, or is not a public heath or safety risk if the beaver:

(A) Imminently threatens infrastructure;

(B) Imminently threatens agricultural crops; or

(C) Has the potential to cause damage to forestland whose owner owns or holds common ownership interest in less than 5,000 acres of forestland in this state.

(5) A permit does not allow a WCO to transport, for the purposes of release, any wildlife captured under terms of the WCO permit except for;

(a) Western Gray Squirrel, Marten and Fisher

(b) Reptiles listed in subsection (2),

(c) Badger and Beaver with prior approval from the Department.

(d) Wild Turkey with prior approval from the local Department District Wildlife Biologist. Relocation must adhere to protocols in the Oregon Wild Turkey Management Plan (OAR 635-135-0001).

(6) A WCO permit does not authorize the permittee to intentionally capture, possess, or transport:

(a) Wildlife not authorized under a WCO permit.

(b) Species protected by other state or federal law.

(c) Species protected by other state or federal law caught incidentally must be released immediately onsite.

Or. Admin. Code § 635-435-0010

DFW 117-2006, f. & cert. ef. 10-16-06; DFW 25-2012, f. & cert. ef. 3-16-12; DFW 165-2015(Temp), f. & cert. ef. 12-9-15 thru 6-1-16; DFW 165-2015(Temp), f. & cert. ef. 12/9/2015; DFW 162-2015, f. & cert. ef. 12-9-15; Reverted to DFW 162-2015, f. & cert. ef. 12-9-15; DFW 75-2016, f. & cert. ef. 6/14/2016; 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 Ch. 496.012, 496.138, 496.146 & 496.162

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