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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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DEPARTMENT OF FISH AND WILDLIFE

 

DIVISION 2

DISPOSAL OF WILDLIFE AND EQUIPMENT SEIZED OR OTHERWISE ACQUIRED

635-002-0005

Disposal of Edible Wildlife

Carcasses of edible wildlife, except black bear, shall be disposed of in the following manner:

(1) Donated to public and charitable institutions such as welfare organizations, churches, and others provided the receiving agency pays all storage and handling charges and does not sell the meat.

(2) Donated to persons determined to be eligible because of low income or medical reasons, provided the eligible person requests and accepts the carcass as delivered, consumes the meat at his/her place of residence, and does not offer it for sale.

(3) Donated to wildlife rehabilitators licensed by the Department provided those rehabilitators use the meat to feed sick, injured or orphaned wildlife and do not sell the meat.

(4) Donated to rendering plants, pet food manufacturers or disposed of as specified by personnel of the Department.

Stat. Auth.: ORS 183.545, ORS 183.550, ORS 496.012, ORS 496.138, ORS 496.146 & ORS 496.162
Stats. Implemented: ORS 183.545, ORS 183.550, ORS 496.012, ORS 496.138, ORS 496.146 & ORS 496.162
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74; FWC 135, f. & ef. 8-4-77, Renumbered from 630-025-0004, Renumbered from 635-020-0005; FWC 84-1984, f. & ef. 12-24-84; FWC 32-1991, f. & cert. ef. 3-25-91; FWC 36-1993, f. & cert. ef. 6-14-93

635-002-0007

Disposal of Black Bear Carcasses

Except as provided in OAR 635-002-0009 for bear taken due to a threat of human safety, carcasses of black bear shall be disposed of in the following manner:

(1) Donated to wildlife rehabilitators licensed by the Department provided those rehabilitators use the meat to feed sick, injured or orphaned wildlife and do not sell the meat.

(2) Donated to persons determined to be eligible because of low income or medical reasons, provided the eligible persons sign a written release acknowledging the proper methods of preparation for human consumption, accepts the carcass as is, consume the meat at their place of residence and do not offer the meat for sale.

(3) Donated to persons or public or charitable institutions who request their name be placed on a waiting list maintained by the Department. These persons or public or charitable institutions will be notified on a first-come, first-serve basis and shall sign a written release acknowledging the proper methods of preparation for human consumption, accepts the carcass as is, consume the meat at their place of residence and not offer the meat for sale.

(4) Donated to rendering plants, pet food manufacturers or disposed of as specified by personnel of the Department. Department directed disposal of black bear carcasses may include but is not limited to disposal at approved landfill sites; disposal on public or private lands; used in research activities; or for other scientific, enforcement or educational purposes.

Stat. Auth.: ORS 496.012, ORS 496.138, ORS 496.146 & ORS 496.162
Stats. Implemented: ORS 496.012, ORS 496.138, ORS 496.146 & ORS 496.162
Hist.: FWC 84-1984, f. & ef. 12-24-84; FWC 32-1991, f. & cert. ef. 3-25-91; FWC 36-1993, f. & cert. ef. 6-14-93; DFW 96-1998, f. & cert. ef. 11-25-98; DFW 107-2002, f. & cert. ef. 9-28-02

635-002-0008

Disposition of Wildlife Taken on Damage

In accordance with ORS 498.012, any wildlife taken on damage shall be disposed of in the following manner:

(1) Any deer, elk, antelope, bighorn sheep or gamebird shall be salvaged and delivered to a location determined by the Department. Carcasses shall be disposed of as directed by OAR 635-002-0005.

(2) Black bear taken on damage shall be disposed of in the following manner:

(a) The carcass and hide, including gall bladder and female reproductive tract, shall be delivered to a location determined by the Department;

(b) The department may permit the landowner to retain the carcass including hide, skull, paws, claws, and meat (but not the gall bladder) for personal use. The hide, head, paws, claws, and meat may not be sold or bartered.

(A) If the landowner chooses to retain the carcass he/she must sign a written release provided by the department acknowledging the proper methods of preparation for human consumption, accepting the carcass as is, and that the meat will not be offered for sale;

(B) If the carcass, including hide, skull, paws and claws or meat, is transferred to another person, written documentation must be provided as outlined in OAR 635-065-0765(5).

(c) If the landowner chooses not to retain the carcass, including the hide, skull, paws, claws, and meat, the carcass shall be disposed of as directed in OAR 635-002-0007.

(d) The hide, skull, paws, claws, and gall bladder shall be salvaged and disposed of in a manner determined by the department. Options for disposition include but are not limited to scientific, enforcement, or educational purposes.

(3) Any cougar taken when damaging livestock shall be disposed of in the following manner:

(a) The carcass and hide, including viscera, shall be delivered to a location determined by the Department;

(b) The Department may permit the landowner to retain the legally marked hide and carcass, including the skull of such cougar for personal use. Such skull, hide, and carcass, including feet and claws, may not be sold or bartered;

(c) Such hide shall be marked with a possession tag which shall remain with the hide.

(4) Any red fox or bobcat shall be disposed of in a manner determined by the Department. Priority for disposition shall be for scientific, enforcement, or educational purposes.

Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162
Stats. Implemented: ORS 496.012, 496.138, 496.146 & 496.162
Hist.: FWC 32-1991, f. & cert. ef. 3-25-91; DFW 96-1998, f. & cert. ef. 11-25-98; DFW 41-2006, f. & cert. ef. 6-14-06

635-002-0009

Disposition of Bear and Cougar Killed Posing a Threat to Human Safety

This rule implements the Department's responsibilities under ORS 498.166, enacted by the 2001 Oregon Legislature, which authorizes any person to take a cougar or bear that poses a threat to human safety.

(1) Any person who takes a black bear posing a threat to human safety shall dispose of the bear in the following manner:

(a) The carcass, hide, and meat, including gall bladder and female reproductive tract, shall be delivered to a location determined by the Department;

(b) The Department shall not permit the person to retain any part of the carcass including hide, skull, paws, claws, meat, or gall bladder for personal use.

(c) The hide, skull, paws, claws, and gall bladder shall be salvaged and disposed of in a manner determined by the Department. Options for disposition shall include scientific, enforcement, or educational purposes.

(d) Edible portions of the carcasses shall be disposed of as outlined in OAR 635-002-0007.

(2) Any person who takes a cougar posing a threat to human safety shall dispose of the cougar in the following manner:

(a) The carcass, hide, and meat, including female reproductive tract, shall be delivered to a location determined by the Department;

(b) The Department shall not permit the person to retain any part of the carcass including hide, skull, paws, claws, or meat for personal use.

(c) The hide, skull, paws, and claws shall be salvaged and disposed of in a manner determined by the Department. Options for disposition include but are not limited to scientific, enforcement, or educational purposes.

(d) Inedible portions of the carcasses shall be disposed of as outlined in OAR 635-002-0010.

Stat. Auth.: ORS 183.545, 183.550, 496.012, 496.138, 496.146, 496.162 & 498.166
Stats. Implemented: ORS 183.545, 183.550, 496.012, 496.138, 496.146, 496.162 & 498.166
Hist.: DFW 107-2002, f. & cert. ef. 9-28-02

635-002-0010

Disposal of Inedible Wildlife

Carcasses of inedible wildlife shall be disposed of in a manner directed by the Department including donations to rendering plants, pet food manufacturers, or zoos, provided the meat is not used for human consumption.

Stat. Auth.: ORS 183 & ORS 496
Stats. Implemented: ORS 183 & ORS 496
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0005, Renumbered from 635-020-0010; FWC 32-1991, f. & cert. ef. 3-25-91

635-002-0012

Disposal of Wildlife or Wildlife Parts

Any wildlife or parts of wildlife acquired and not otherwise specifically directed elsewhere in this division shall be disposed of as follows: Pelts or hides of furbearing and game mammals shall be disposed of in a manner determined by the Department including use for scientific, enforcement or educational purposes. Pelts or hides may be sold.

Stat. Auth.: ORS 183 & ORS 496
Stats. Implemented: ORS 183 & ORS 496
Hist.: FWC 32-1991, f. & cert. ef. 3-25-91

635-002-0014

Disposal of Antlers

Antlers that come into the department’s possession shall be disposed of in the following manner:

(1) Sold through competitive bid, consistent with state and, where appropriate federal, rule and statute; or

(2) Donated to nonprofit organizations, federal agencies, or Oregon cities, counties or state agencies for any purpose the department determines is consistent with the agency’s mission including wildlife-related fundraising.

(a) A nonprofit organization is:

(A) An Oregon public elementary, middle or high school;

(B) An Oregon state university or community college; or

(C) An organization described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code.

(b) “Wildlife-related fundraising” means selling antlers to raise funds for department-approved wildlife management, research, conservation or educational activities.

(c) The department may impose written conditions restricting the use of any antler it donates.

(d) Donated antlers become that organization’s property, unless otherwise noted in written conditions.

(e) Donated antlers may not be used to further or fund political activities of any kind (including, but not limited to, support of or opposition to candidates or ballot measures) or litigation.

(3) Nothing in this rule limits the department’s authority, on a government-to-government basis, to provide antlers to federally-recognized tribes in Oregon.

Stat. Auth.: ORS 183, 496.012 & 496.146
Stats. Implemented: ORS 183 & 496
Hist.: DFW 63-2010, f. & cert. ef. 5-17-10

635-002-0020

Sale Price of Wildlife

The price of furbearing and other mammal pelts shall be established at public auction.

Stat. Auth.: ORS 183 & ORS 496
Stats. Implemented: ORS 183 & ORS 496
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0007, Renumbered from 635-020-0020; FWC 32-1991, f. & cert. ef. 3-25-91

635-002-0025

Payment for Wildlife Sold

Payment must be made at the time of delivery by check or money order to the Oregon Department of Fish and Wildlife.

Stat. Auth.: ORS 183 & ORS 496
Stats. Implemented: ORS 183 & ORS 496
Hist.: 3WC 2, f. 12-19-73, ef. 1-11-74, Renumbered from 630-025-0008, Renumbered from 635-020-0025; FWC 32-1991, f. & cert. ef. 3-25-91

635-002-0030

Sale of Seized Fish or Shellfish

In accordance with ORS 506.690, all food fish and shellfish taken by or in possession of any person in violation of the commercial fishing laws or regulations of the Commission shall be seized. To prevent spoilage, the fish so seized and not required as evidence shall be sold. The officer undertaking the sale shall, if reasonable and practical, obtain more than one bid price for the seized fish to insure the price paid is the market value of the fish at the time of seizure. Market value as used in subsection (3) of ORS 506.690 and this regulation means the price at fisherman or producer level. If it is not practical to sell seized fish to prevent spoilage, such fish may be provided for food purposes, free gratis to any state, county, or other public institution. Any food fish or shellfish seized and determined as unsuitable for human consumption may be destroyed.

Stat. Auth.: ORS 183 & ORS 496
Stats. Implemented: ORS 183 & ORS 496
Hist.: FC 246, f. 5-5-72, ef. 5-15-72; Renumbered from 625-030-0090, 1975, Renumbered from 635-020-0030, 1979

635-002-0035

Disposal or Sale of Forfeited Fishing Gear and Boats

(1) All property received by the Commission under order of forfeiture of any court shall be disposed of by public sale to the highest bidder. However, forfeited property in the custody of the Oregon State Police which is determined to have a value of less than the expense which would be incurred in such property's transfer to the Commission and subsequent sale, may be authorized for destruction.

(2) The State Police officer having custody of the forfeited property must request and receive approval of the property control officer of the Commission before the property may be destroyed.

Stat. Auth.: ORS 183 & ORS 496
Stats. Implemented: ORS 183 & ORS 496
Hist.: FC 246, f. 5-5-72, ef. 5-15-72, Renumbered from 625-030-0095, 1975, Renumbered from 635-020-0035, 1979

635-002-0100

When Salmon Eggs are Surplus

For the purposes of ORS 508.730, the following criteria shall be used in determining when all natural and artificial fish production needs of the state have been met:

(1) General limitations -- Salmon eggs will not be declared surplus unless and until the capacities of all public hatchery facilities contributing fish for release in Oregon waters, including coastal streams and Columbia River and tributaries, have been filled, and approved rehabilitation and enhancement programs, including Salmon and Trout Enhancement Program, have been provided for. However, the Department recognizes that certain constraints may limit hatchery production to less than full capacity, including available finances, legislative direction, Commission policy, and status of stream/water body management plans. The Department may not be able to locate, determine, or accommodate all areas of need at any one time.

(2) Biological limitations -- Biological factors which limit numbers of salmon eggs that can be utilized in meeting state needs are:

(a) Fish carrying capacity of a given stream or water body;

(b) Probability of disease transfer to naturally produced stocks;

(c) Maintenance of genetic integrity or compatibility of stocks;

(d) Impacts of other species of fish.

Stat. Auth.: ORS 183, ORS 506 & ORS 508
Stats. Implemented: ORS 183, ORS 506 & ORS 508
Hist.: FWC 4-1982, f. & ef. 1-11-82

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