Or. Admin. Code § 635-049-0045

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

Section 635-049-0045 - Release or Escape of Captive Cervids

(1) It is unlawful to release, or to negligently allow to escape, any captive cervids without first obtaining a permit from the Department pursuant to ORS 498.052, or unless operating under a rehabilitation or scientific take permit.

(2) Any cervids that have escaped or been illegally released from captivity are deemed a public nuisance.

(3) Captive cervids that have escaped or been illegally released from a holding facility are unprotected wildlife, and therefore may be killed by any person authorized under provisions of 635-049-0035(3).

(4) Any person holding cervids other than under a rehabilitation or scientific take license or permit must notify the Department immediately of any release or escape of cervids and must, at their own expense, recapture or destroy the cervids within 72 hours of discovering the release or escape. If they do not recapture or destroy the released or escaped cervids within 72 hours, the Department or its agent may capture or destroy such cervids. The Department may seek reimbursement from the holder for any expenses the State of Oregon incurs in recovering, maintaining or disposing of such cervids, plus any damage to the state's wildlife or wildlife habitat. In deciding whether to seek reimbursement, the Department will consider the nature, scope and environmental impact of the release or escape, as well as whether the holder acted promptly and in a cooperative manner to deal with the release or escape. If the Department demands reimbursement, the holder must reimburse the Department in full within 30 days of receipt of the written demand.

(5) Any person holding cervids must keep wild cervids out of enclosures holding at least one captive cervid. If a wild cervid enters an enclosure holding at least one captive cervid, the holder must notify the Department and remove the wild cervid as soon as practicable.

(6) Notwithstanding subsection (4), if the Division Administrator determines that released or escaped cervids present an imminent danger to wildlife, the Division Administrator may take whatever action deemed appropriate, including destruction of the released or escaped cervids. Similarly, if the Division Administrator determines that a holder has failed to remove a wild cervid from an enclosure holding at least one captive cervid as soon as practicable, the Department may remove the wild cervid.

Or. Admin. Code § 635-049-0045

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