Or. Admin. Code § 635-049-0015

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

Section 635-049-0015 - Basic requirements

(1) Cervids may not be held except as authorized by a cervid license issued by the Department.

(a) To hold Rocky Mountain elk (Cervus elaphus nelsoni), Roosevelt elk (Cervus elaphus roosevelti), Sika deer (Cervus nippon), Muntjac deer (Muntiacus sp.), white-tailed deer (Odocoileus virginianus) or black-tailed deer (Odocoileus hemionus columbianus), a Type 1 license is required.

(b) To hold fallow deer (Dama dama) or reindeer (Rangifer tarandus), a Type 2 license is required.

(c) No other species or subspecies of cervids may be held under a cervid license.

(2) The following are exceptions to the cervid license requirements of subsection (1):

(a) A scientific take permit issued pursuant to OAR chapter 635, division 43 may authorize the holding of cervids for the purpose of scientific research;

(b) A wildlife rehabilitation permit issued pursuant to OAR chapter 635, division 44 may authorize the temporary holding of wild cervids for the purpose of rehabilitation and return to the wild;

(c) Public agencies may hold cervids as necessary in the performance of their official duties. Temporary holding of cervids by public agencies is not subject to these division 49 rules. The Director may exempt a public agency's permanent holding of cervids from any or all of these division 49 rules upon a finding that the operation would not tend to be harmful to existing wildlife populations and would significantly benefit the public.

(3) Hybridization of native cervids held in captivity is prohibited, except that:

(a) Hybrids of Rocky Mountain and Roosevelt elk may be held if specifically authorized in the license.

(b) Hybrids of native cervids and other native or non-native cervids may be held as part of a scientific effort if determined by the Director of the Department to be of overwhelming benefit to wildlife or wildlife habitat in Oregon and if specifically authorized as a condition of a license.

(4) No pairings between wild and captive cervids are allowed for the purpose of producing offspring unless specifically authorized as a license condition.

(5) If a licensed facility contains no cervids for more than 180 consecutive days, the license is deemed forfeited. Anyone whose license the Department proposes to forfeit may request a contested case hearing within 14 days of notice of the proposed decision.

Or. Admin. Code § 635-049-0015

DFW 52-2008, f. & cert. ef. 5-28-08

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