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

 

DIVISION 46

COMPETITIVE TRIALS FOR HUNTING DOGS

635-046-0000

Purpose

The purpose of these rules is to implement the provisions of Oregon Revised Statute 496.012, 498.052, and 498.106. These rules provide conditions under which competitive hunting dog trials may be held and provide conditions for the use of wildlife during the training of hunting dogs and raptors. These rules do not apply to the use of inanimate training devices, nor to exempt animals such as rock pigeons, lawfully possessed dead birds, animal carcasses, or wildlife parts such as bird wings or animal skins. These rules do not authorize the training of hunting dogs or raptors at any time or in any place where the training of dogs or raptors or running of dogs is prohibited by the land owner or land management agency.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 498.006 & 498.106
Stats. Implemented: ORS 496.012, 496.138, 496.146, 498.006 & 498.106
Hist.: DFW 70-2011, f. 6-15-11, cert. ef. 7-1-11

635-046-0040

Definitions

(1) “Approved Band” means a leg band purchased from the Department at a cost of $5.00 for 50 bands.

(2) “Competitive Hunting Dog Trial” (sometimes called a “field trial”, “water trial”, “hunt test” or “picnic trial”) means an event that:

(a) is licensed, sanctioned, or sponsored by a sporting dog organization; and

(b) involves more than one person in testing or exhibiting learned behavior in dogs related to hunting wildlife (including, but not limited to, tracking of scents, flushing, pointing, treeing, ground baying and retrieval).

(3) “Department” means the Oregon Department of Fish and Wildlife.

(4) “Exempt animals” means species listed in OAR 635-56-0020.

(5) “Falconry” is caring for and training raptors for pursuit of game, and the sport of hunting wild game with raptors.

(6) “Healed nasal scar” means a permanent deformity on the upper mandible of an upland game bird such as that caused by an anti-pecking device.

(7) “Healed toe mark” results from the clipping of the terminal joint, including the entire toenail, from the lateral (outside) toe of the right foot of an upland game bird chick.

(8) “Hunting Dog” means any dog that is used to aid an individual to pursue or hunt wildlife.

(9) “Hunting Dog Training” means the use of wildlife by an individual or individuals on any lands or waters in the state for the purpose of training to teach or reinforce learned behavior in dogs related to hunting of wildlife; activities which may include shooting, tracking of scents, flushing, pointing, treeing, ground baying, going to ground, and/or retrieval of wildlife.

(10) “Marked bird” for upland game birds means a domestically-raised upland game bird which displays one of the following: a healed toe mark, a healed nasal scar, or an approved band affixed to a leg; for mallards means a domestically-raised mallard which was marked in at least one of the methods approved by the U.S. Fish and Wildlife Service (50 CFR 21.13).

(11) “Pursue” for upland game birds means the act of locating, trailing, tracking, chasing, or flushing, but not taking, in an attempt to reinforce learned behavior in hunting dogs; for game mammals or furbearers means the act of trailing, tracking, or chasing in an attempt to locate, capture, catch, tree, or kill.

(12) “Raptor” means any species or hybrid of the families Strigidae, Falconidae and Accipitridae used for Falconry.

(13) “Raptor training” means the use of wildlife for the purpose of training of any species or hybrid of the families Strigidae, Falconidae and Accipitridae to hunt wildlife.

(14) “Release” means, for the purpose of competitive hunting dog trials or hunting dog or raptor training, permitting any domestically-raised game birds to exist alive outside of an enclosure that restricts its movements.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 498.006 & 498.106
Stats. Implemented: ORS 496.012, 496.138, 496.146, 498.006 & 498.106
Hist.: DFW 70-2011, f. 6-15-11, cert. ef. 7-1-11

635-046-0045

General Regulations

(1) Releasing domestically-raised game birds or using wildlife during competitive hunting dog trials, and releasing domestically-raised game birds for hunting dog and raptor training, are only allowed under a permit from the Department.

(2) Wildlife that shows symptoms of sickness or injury, or that is dead from disease, must not be used in competitive hunting dog trials or the training of hunting dogs or raptors.

(3) Any person who takes or attempts to take wildlife, including domestically-raised game birds, during a competitive hunting dog trial or while training a hunting dog or raptor, must meet the hunting license and state bird validation (stamp) requirements contained in the Department’s current Oregon Game Bird, Big Game, and Furbearer Hunting/Trapping Regulations.

(4) Recall pens may be used on private lands to capture domestically-raised upland game birds which were released for a competitive hunting dog trial or hunting dog or raptor training, provided that, upon discovery, any unmarked game bird(s) (except bobwhite and Coturnix quail) or other wildlife caught incidentally must be released immediately.

(5) For the purposes of these rules, domestically-raised game birds that have been used for competitive hunting dog trials or hunting dog and raptor training are considered inedible. All dead animal carcasses from the trial and training activities must be removed from the field (ORS 164.785 and 164.805).

(6) The 2011 Oregon Big Game Regulations, the 2010 – 2011 Oregon Game Bird Regulations, and the Oregon Furbearer Trapping and Hunting Regulations July 1, 2010 through June 30, 2012 are amended, specifically:

(a) The 2011 Oregon Big Game Regulations are amended to remove the regulation on page 28 that no person shall: “Permit dogs to run at large or train dogs in game bird nesting habitat during April, May, June or July, except as authorized by the Fish and Wildlife Commission”;

(b) The 2010 — 2011 Oregon Game Bird Regulations are amended to remove the regulation on page 11 that no person shall: “Permit dogs to run at large or train dogs in game bird nesting habitat during the months of April-July, except as authorized by the Fish and Wildlife Commission”; and

(c) The Oregon Furbearer Trapping and Hunting Regulations July 1, 2010 through June 30, 2012 are amended to remove the regulation on page 4 that “No person shall permit dogs to run at large or train dogs in game bird nesting habitat during April, May, June or July, except as authorized by the Fish and Wildlife Commission.”

Stat. Auth.: ORS 496.012, 496.138, 496.146, 498.006 & 498.106
Stats. Implemented: ORS 496.012, 496.138, 496.146, 498.006 & 498.106
Hist.: DFW 70-2011, f. 6-15-11, cert. ef. 7-1-11

635-046-0050

Use of Wildlife for Hunting Dog and Raptor Training

(1) Upland game birds, except sage grouse, sharp-tailed grouse, and spruce grouse, may be pursued to train hunting dogs from September through January, or as permitted by these rules.

(2) No person may release any domestically-raised game birds without first obtaining a “Game Bird Release Permit for Hunting Dog and Raptor Training” from the Department. With such a permit, the Department authorizes the permittee and his or her designees to release domestically-raised game birds for the sole purpose of training hunting dogs and raptors and to operate recall pens on private lands to recapture those same game birds.

(a) A designee(s) must possess a copy of the permittee’s permit or written authorization from the permittee to release domestically-raised game birds on his or her behalf.

(b) The permit is immediately valid upon completion of the application when signed by the permittee. A copy of the completed permit must be submitted (via hand-delivery, U.S. Mail, electronic mail, or facsimile) to the Department as indicated on the permit.

(c) There is no cost for this permit and there will be no limit to the number of permits that will be available.

(d) Permits are valid from date of issue through December 31.

(e) On Department owned or managed lands, the release of domestically-raised game birds for hunting dog or raptor training is prohibited except in designated dog training areas where release is specifically allowed by wildlife area rule, and, if required by the wildlife area, the individual has a special permit specific to that wildlife area for activities allowed under these rules.

(f) The following species are permitted for release under this permit: common pheasant (all races of Phasianus colchicus, most commonly ring-necked); California (valley), bobwhite and Coturnix quail; Hungarian (gray), chukar, and red-legged partridge; or mallards, provided such birds were lawfully acquired and, except for bobwhite and Coturnix quail, are marked birds.

(g) If at any time one or more people are training hunting dogs or raptors with domestically-raised game birds released under a valid Game Bird Release Permit for Hunting Dog and Raptor Training, the following items must be in the possession of at least one of those persons:

(i) At least one valid Game Bird Release Permit for Hunting Dog and Raptor Training.

(ii) A sales receipt from the propagator or a written note of origin containing the name and address of the person from whom the birds were acquired, which specifies the number and species of game birds which have been or are going to be released.

(iii) One or more hunting dogs or raptors.

(h) A holder of a Game Bird Release Permit for Hunting Dog and Raptor Training must annually report to the Department the number and species of game birds released by county.

(3) Domestically-raised game birds lawfully released under a valid Game Bird Release Permit for Hunting Dog and Raptor Training may be pursued or taken in any number by shooting or falconry for the sole purpose of training hunting dogs and raptors, provided that:

(a) At least one person participating in the training possesses a valid Game Bird Release Permit for Hunting Dog and Raptor Training.

(b) The birds are pursued or taken on the same day they are released. However, if the birds are pursued or taken by the same individual(s) as part of a multi-day training session, the birds must be pursued or taken within three consecutive days after the day of release. Bobwhite and Coturnix quail are not subject to the time constraints of this subsection.

(c) On Department owned or managed lands, the pursuit and take of domestically-raised game birds for hunting dog or raptor training may occur only in designated dog training areas where pursuit and take is specifically allowed by wildlife area rule, and, if required by the wildlife area, the individual has a special permit specific to that wildlife area for activities allowed under these rules.

(4) Carcasses of domestically-raised game birds which were lawfully released under a valid Game Bird Release Permit for Hunting Dog and Raptor Training and subsequently taken for hunting dog and raptor training may be possessed in any number by any person, provided that the person holds a valid Game Bird Release Permit for Hunting Dog and Raptor training or a written note from the permittee describing when, where, and for what purpose the birds were taken.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 498.006 & 498.106
Stats. Implemented: ORS 496.012, 496.138, 496.146, 498.006 & 498.106
Hist.: DFW 70-2011, f. 6-15-11, cert. ef. 7-1-11

635-046-0055

Use of Wildlife for Competitive Hunting Dog Trials

(1) To hold a competitive hunting dog trial, a person must possess a “Competitive Hunting Dog Trial Permit” from the Department:

(a) If domestically-raised game birds are released.

(b) If wildlife is used outside the pursuit or hunting season for that species; or

(c) If the trial occurs between March 16 and August 14 (whether domestically-raised game birds are released or not).

(2) The applicant (sponsor of the competitive hunting dog trial) must apply for a Competitive Hunting Dog Trial Permit to the Department’s wildlife district where the trial will take place.

(a) The application must be received by the Department at least ten business days prior to the start of a competitive trial via hand-delivery, U.S. Mail, electronic mail, or facsimile.

(b) The District Wildlife Biologist or his or her designee will respond to permit applications within 10 business days from the received date.

(3) To issue a Competitive Hunting Dog Trial Permit, the Department must determine that the proposed trial will not:

(a) Conflict to a significant degree with other authorized activities, including but not limited to land management actions, other permitted trials, or lawful hunting.

(b) Result in significant adverse impact to wildlife or wildlife habitat, taking into consideration location, land ownership, designation of site, size, and date of the proposed trial.

(4) The Department may approve, approve with conditions, or deny a permit application.

(a) If the Department denies the issuance a permit, the Department will provide the applicant with a written explanation and an opportunity to request a hearing to appeal that action.

(b) The applicant may appeal the Department’s decision by submitting a written request for a contested case hearing to the Department within 10 business days after mailing of the Department’s decision.

(5) If after issuance of a Competitive Hunting Dog Trial Permit any unforeseen or emergency circumstances necessitate a change to the permit, the Department will, to the maximum extent practicable, work with permittee to exhaust other options to maintain the trial.

(6) The following species may be released under a Competitive Hunting Dog Trial Permit: common pheasant (all races of Phasianus colchicus, most commonly ring-necked); California (valley), bobwhite, and Coturnix quail; Hungarian (gray), chukar, and red-legged partridge; or mallards, provided all domestically-raised game birds were lawfully acquired and any mallard used must be a marked bird.

(7) Domestically-raised game birds released under a valid Competitive Hunting Dog Trial Permit may be pursued or taken during the course of the permitted trial.

(8) Use of recall pens to recapture domestically-raised upland game birds released under a valid Competitive Hunting Dog Trial Permit is allowed on private lands only if all released game birds were marked (except bobwhite and Coturnix quail, or if there is an exception granted as a condition of the permit) and provided that the person operating the recall pen has the original or a copy of the permit.

(9) The carcasses of domestically-raised game birds which were lawfully released under a valid Competitive Hunting Dog Trial Permit and subsequently taken during the trial may be possessed in any number by any person, provided that the person holds a copy of the Competitive Hunting Dog Trial Permit or a written note from the permittee describing when, where, and for what purpose the birds were taken.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 498.006 & 498.106
Stats. Implemented: ORS 496.012, 496.138, 496.146, 498.006 & 498.106
Hist.: DFW 70-2011, f. 6-15-11, cert. ef. 7-1-11

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