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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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DEPARTMENT OF AGRICULTURE

 

ANIMAL INDUSTRY

DIVISION 10

GENERAL

603-010-0052

Open Cattle Range

No person shall turn upon, or allow to run upon the open range, any bull other than a purebred bull of the following recognized beef breeds:

(1) Angus.

(2) Shorthorn.

(3) Hereford.

(4) Charolais.

(5) Santa Gertrudis.

(6) Galloway.

(7) Devon.

(8) Limousin.

(9) Simmental.

(10) Beefmaster.

(11) Gelbvieh.

(12) Saler.

(13) Brangus.

Stat. Auth.: ORS 561.180, ORS 604.027 & ORS 607.261
Stats. Implemented: ORS 607.261
Hist.: AD 607, f. & ef. 2-11-59; AD 777, f. 1-20-64, ef. 2-15-64; AD 6-1992, f. & cert. ef. 6-3-92

603-010-0053

Definition

As used in ORS Chapter 607, "swine" means a breed of domestic pig that is used for food production, but does not include any breed used primarily as a pet (e.g., pot-bellied pig).

Stat. Auth.: ORS 561.190
Stats. Implemented ORS 607.005
Hist.: AD 7-1997, f. & cert. ef. 6-10-97

603-010-0055

Feral Swine

Feral swine are animals of the genus Sus which meet the following conditions:

(1) The animals are free roaming on public or private lands and not being held under domestic management confinement;

(2) No notification to the land owner, manager, or occupant has been made by the swine owner or their representative of specifically identified and described swine having escaped domestic management confinement within a radius of five (5) miles during the past five (5) days;

(3) The swine under consideration do not appear to be domesticated and are not tame; and

(4) The swine under consideration do not meet the identification and description of escaped swine in section (2) above.

Stat. Auth.: ORS 561 & ORS 610
Stats Implemented: ORS 561 & ORS 610
Hist.: DOA 10-2001(Temp), f. & cert. ef. 6-6-01 thru 11-28-01; DOA 23-2001, f. & cert. ef. 10-4-01

603-010-0056

Fee for Determining Adequacy of a Fence

(1) If requested to, or when cattle or equines break through a fence on the open range and a determination of the adequacy of the fence is necessary in order to determine whether the cattle or equines are unlawfully trespassing, the State Department of Agriculture shall make the determination of the adequacy of the fence and shall consider, among other things, the customs and practices of good animal husbandry in the particular area with reference to fences.

(2) The charge for such service shall be the sum of the mileage to and from the site of the fence in question, at the state mileage charge, plus $30.00 per hour for the time spent traveling to and from the site and time for the determination of the adequacy of the fence in question.

Stat. Auth.: ORS 607
Stats. Implemented: ORS 607
Hist.: DOA 1-2010, f. & cert. ef. 1-7-10

Permits for Airborne Hunting

603-010-0100

Restrictions; Airborne Hunting

(1) The Department is authorized to regulate the control of predatory animals and to regulate the control of animals that are a menace pursuant to ORS Chapter 610 and ORS Chapter 570. The federal Fish and Wildlife Act of 1956 as amended (16 U.S.C. Section 742 et seq.) allows for airborne hunting under certain circumstances. Pursuant to this Act, airborne hunting or shooting of animals is prohibited without a permit being issued by a state authority. The Department has agreed to act as such state authority under the provisions of said federal Act, for the issuance of such permits. Coyotes and feral swine located in an established control area shall be the only animals that may be the target of the permitted airborne hunting. The protection of livestock, domesticated animals and natural resources shall be the only purpose for which a permit may be issued or used.

(2) Unless otherwise provided by law, any airborne hunting or harassment of other species of animals, or of coyotes or feral swine without a permit being obtained under the provisions of OAR 603-010-0105 and 603-010-0110, or for purposes other than the protection of livestock, domesticated animals or natural resources shall subject the hunter, his pilot and assistants, and his equipment to the forfeiture and penalty provisions of the federal Fish and Wildlife Act of 1956 as amended.

Stat. Auth.: ORS 561 & ORS 610
Stats. Implemented: ORS 610.005
Hist.: AD 11-1979, f. & ef. 9-7-79; DOA 5-2000(Temp), f. & cert. ef. 1-24-00 thru 7-21-00; DOA 15-2000, f. 5-31-00, cert. ef. 6-1-00

603-010-0105

Permits and Applications; Airborne Hunting

(1) Application for permit to engage in airborne hunting to protect livestock, domesticated animals or natural resources shall be made to the Department by the affected livestock or land owner or designated agent on forms prescribed by the Department. Should the Department determine there are circumstances resulting in insufficient time to mail the application to the Department, the application may be made by facsimile or telephone. The application shall contain the following:

(a) The name and address of the applicant and of the person who is to do the airborne hunting;

(b) The make, number and base-location of the aircraft to be used;

(c) The geographic description of the area in which the airborne hunting is proposed to take place and in the event part of the area is not owned by the applicant, whether the owners have agreed to the airborne hunting, whether the nonowned land is contiguous to that of the applicant, and whether the offending animals could reside on such nonowned land,

(d) The description and location of the livestock, domesticated animals or natural resources intended to be protected;

(e) A statement describing the extent of claimed losses of livestock, domesticated animals or natural resources attributable to coyote depredation or feral swine existence, including the time periods thereof, the locations thereof and the methods used in verification thereof; and

(f) A statement describing the prior efforts to control coyote depredation, including the time periods thereof, the methods and types of devices used, and the apparent effectiveness thereof.

(2) Upon receipt of an application described in section (1) of this rule, the Department shall:

(a) Investigate the claimed losses of livestock, domesticated animals or natural resources, and determine the authenticity of such claim;

(b) Determine the necessity of using airborne hunting to control depredation or natural resource destruction rather than other acceptable methods therefore, including whether airborne hunting under the animal damage control program under the U.S.D.A.-A.P.H.I.S. Wildlife Services is available;

(c) Determine the time periods and geographic areas for which airborne hunting should be permitted;

(d) Establish any special restrictions or conditions to the permitted airborne hunting, considering the particular circumstances; and

(e) Issue or deny the requested permit.

(3) Permits shall be on forms prescribed by the Department and shall include a permit number, dates of issuance and expiration, name and address of applicant, make and number of aircraft to be used, geographic areas within which the airborne hunting is authorized, and any special restrictions or conditions to the permitted airborne hunting. The Department may periodically review the permit and the use thereunder in order to determine whether necessity continues to exist for the permitted airborne hunting. Upon a determination that such necessity has ceased to exist, the permit may be revoked, notwithstanding any stated date of expiration thereon. In any event, a permit issued for airborne hunting of feral swine in any established control area shall expire upon revocation of the control area. The permittee shall notify the Department within seven days of the taking of the target coyotes or feral swine, so as to assist the Department in this determination.

(4) Violation of any of the conditions of the permit, or a finding by the Department of falsification of any matters contained in the application for such permit, shall be grounds for immediate revocation of the permit without prior notice to the permittee. In such an event, the provisions of OAR 603-010-0100(2) shall thereafter apply.

Stat. Auth.: ORS 561 & ORS 610
Stats. Implemented: ORS 610.005
Hist.: AD 11-1979, f. & ef. 9-7-79; DOA 5-2000(Temp), f. & cert. ef. 1-24-00 thru 7-21-00; DOA 15-2000, f. 5-31-00, cert. ef. 6-1-00

603-010-0110

Records and Reports; Airborne Hunting

(1) The permittee shall make, and maintain for a least one year after the cessation of the permitted airborne hunting, the records prescribed by the Department, including the following:

(a) The species and numbers of animals taken through airborne hunting, with the indication as to whether coyotes or feral swine taken were target or nontarget animals;

(b) The dates and areas of the taking of the coyotes or feral swine; and, if applicable

(c) The disposition of any pelts obtained from the coyotes, or any part of a feral swine and the values received therefore.

(2) The records required to be made and maintained by section (1) of this rule shall be made available to the Department for inspection and verification. Upon request of the Department, such record information shall be submitted to the Department in the form of a report.

Stat. Auth.: ORS 561 & ORS 610
Stats. Implemented: ORS 610.005
Hist.: AD 11-1979, f. & ef. 9-7-79; DOA 5-2000(Temp), f. & cert. ef. 1-24-00 thru 7-21-00; DOA 15-2000, f. 5-31-00, cert. ef. 6-1-00

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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