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DEPARTMENT OF FISH AND WILDLIFE

 

DIVISION 47

PRIVATE HUNTING PRESERVE RULES

635-047-0005

Time, Place, and Manner of Hunting Privately Owned Game Birds

(1) The time and length of season allowed any given hunting preserve shall be determined on the basis of potential conflict with wild populations, provided that no open season shall be allowed between April 1 and July 31 of any year.

(2) The manner of taking shall comply with Oregon Laws and be consistent with recognized standards.

Stat. Auth.: ORS 496.112, 496.138, 496.146 & 496.162
Stats. Implemented: ORS 496.112, 496.138, 496.146 & 496.162
Hist.: GC 101, f. 7-9-59, Renumbered from 630-023-0005, Renumbered from 635-007-0005; DFW 7-2002, f. & cert. ef. 1-17-02

635-047-0010

Requirements for Licenses

(1) Each hunting preserve shall contain not more than the following acreages in one continuous tract of land, owned or leased by the permittee:

(a) 640 acres if the preserve is located in the area west of the summit of the Cascade Mountains; or

(b) 1,280 acres if the preserve is located in the area east of the summit of the Cascade Mountains.

(2) An applicant for a hunting preserve license shall submit a statement from the appropriate local planning authorities concerning the preserve's compliance with the local comprehensive land use plan and other applicable land use laws.

(3) A person who owns a private hunting preserve that was licensed under ORS 497.248 on or before July 30, 2003 and that has not been submitted to the appropriate local governing body or its designee for land use approval may continue to operate the hunting preserve without local land use approval. The hunting preserve may include one sport clay station that existed on July 30, 2003, is used during the hunting season only for shooting practice in conjunction with hunting and is subordinate to the use of the land as a hunting preserve.

(4) The exterior boundaries of each hunting preserve shall be clearly defined and posted with signs erected around the extremity at intervals of 1,320 feet, or less. Signs shall be as prescribed by the department.

(a) The boundaries of a licensed hunting preserve shall be posted with legible signs that meet the following minimum specifications. All signs marking the perimeter of the hunting preserve boundary shall be maintained in legible condition and visible at all times.

(b) Size - Not less than 10" x 10".

(c) Lettering - "Private Hunting Preserve" in not less than 1-1/2" block letters at the top half of the sign, and including the following descriptive information in not less than 3/8" block letters:

"This sign marks the boundary of a _______ acre property that has been licensed by the Oregon Department of Fish and Wildlife under the provisions of ORS 497 to permit the hunting of privately owned game birds."

(5) There shall be at least one-half mile distance between licensed hunting preserves.

(6) No license will be granted for any hunting preserve, any portion of which is less than one-half mile distant from any state or federal park, wilderness area, refuge, or wildlife area operated by the state or federal government.

(7) Licensee shall not attempt to prevent public hunting on lands adjacent to a hunting preserve.

(8) The applicant shall have the facilities to propagate or hold not less than 500 of each of the game bird species to be released for shooting on the area.

(9) The department shall issue licenses only to hunting preserves available for use by the general public.

(a) Application for a hunting preserve license shall be made upon a form provided by the department. Each application shall include proof of ownership or lease and a map of the preserve and shall state the township, range and section(s) on which the preserve is located.

(b) Fees charged for shooting and other services rendered shall be stated by the applicant provided that the fees shall be the same for all persons.

(10) The license shall authorize the licensee to shoot, or permit to be shot, only certain legally propagated upland game birds that the department has determined may be hunted upon the property for which the license is issued. Other species of wildlife upon such property and marked birds outside its boundaries shall be subject to all protection provided by State wildlife laws and regulations.

(11) In the event that a permittee chooses to cease hunting preserve activities during the term of a hunting preserve license, the permittee shall so notify the department in writing.

Stat. Auth.: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & 497.248
Stats. Implemented: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & .248
Hist.: GC 101, f. 7-9-59, Renumbered from 630-023-0010, Renumbered from 635-007-0010; FWC 115-1992, f. & cert. ef. 10-28-92; DFW 86-1999, f. & cert. ef. 11-1-99; DFW 7-2002, f. & cert. ef. 1-17-02; DFW 73-2003(Temp), f. & cert. ef. 7-30-03 thru 1-26-04; DFW 109-2003, f. & cert. ef. 11-13-03

635-047-0015

Species

(1) The species which may be released and hunted shall be listed on any application for a hunting preserve at the time of application. The applicant may request amendment of the species to be released and hunted at the time of license renewal.

(2) Game bird species that may be released and hunted on private hunting preserves are limited by this rule to those members of the family Phasianidae, commonly known as pheasants, quail, and partridge.

Stat. Auth.: ORS 496.112, 496.138, 496.146 & 496.162
Stats. Implemented: ORS 496.112, 496.138, 496.146 & 496.162
Hist.: GC 101, f. 7-9-59, Renumbered from 630-023-0015, Renumbered from 635-007-0015; FWC 115-1992, f. & cert. ef. 10-28-92; DFW 7-2002, f. & cert. ef. 1-17-02

635-047-0020

Care of Birds and Sanitary Requirements

(1) The facilities for holding not less than 500 of each species authorized shall be situated upon the hunting preserve or on any other property of the applicant.

(2) Operators may purchase birds from licensed game breeders but must indicate that intent upon the application.

(3) The operator shall provide a minimum holding space of 25 square feet for pheasants and mountain quail, 15 square feet for partridge, and 12 square feet for all other quail species per bird under wire, or a combination of covered pens and braille pens.

(4) The department has the right to inspect hunting preserve facilities by a delegated representative of the department or Oregon State Police at any reasonable time.

(5) Birds to be released must be in a healthy condition and not less than 10 weeks of age.

Stat. Auth.: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & 497.248
Stats. Implemented: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & 497.248
Hist.: GC 101, f. 7-9-59, Renumbered from 630-023-0020, Renumbered from 635-007-0020; FWC 115-1992, f. & cert. ef. 10-28-92; DFW 86-1999, f. & cert. ef. 11-1-99; DFW 7-2002, f. & cert. ef. 1-17-02

635-047-0025

Marking of Birds

All privately owned game birds to be released must be premarked in a manner prescribed by the Department:

(1) All game birds reared for release upon hunting preserves shall be identified by a healed toe mark or be marked with a plastic poultry band or marked by a nasal scar. A nasal scar is a permanent deformity caused by an anti pecking device. For a healed toe mark, the terminal joint, including the entire toenail, shall be clipped from the outside of the right foot of each chick.

(2) In the event that an operator acquires birds that have not been marked, they shall be banded prior to release by the operator with plastic poultry bands or other bands approved by the Department.

(3) Any wild game bird incidentally taken upon a hunting preserve at any time other than the general open season therefore shall be immediately marked with a wild bird seal that has been issued by the Department. The fee for such seals shall be $15.00 each. Any unused wild bird seals may be submitted for refund not later than 30 days after the close of business if a preserve discontinues operation.

(4) Operators shall pay for in advance and have on hand not less than 10 wild bird seals at all times.

(5) A wild bird seal shall be securely affixed to any wild bird taken outside the general season or any wild hen pheasant before it leaves the premises of the hunting preserve.

(6) A record of the date of issue and the names and address of persons receiving wild bird seals must be maintained by the operator and available to Department personnel or enforcement officers at all times.

Stat. Auth.: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & 497.248
Stats. Implemented: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & .248
Hist.: GC 101, f. 7-9-59, Renumbered from 630-023-0025, Renumbered from 635-007-0025; FWC 115-1992, f. & cert. ef. 10-28-92; DFW 86-1999, f. & cert. ef. 11-1-99; DFW 7-2002, f. & cert. ef. 1-17-02; DFW 66-2006(Temp), f. & cert. ef. 7-25-06 thru 1-15-07; Administrative correction 1-16-07; DFW 5-2007, f. & cert, ef, 1-18-07; DFW 21-2007, f. & cert. ef. 3-30-07; DFW 68-2007, f. & cert. ef. 8-14-07; DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10

635-047-0030

Length of Season

The department shall determine the length of the season during which the hunting preserve shall operate, except that the shooting season on any preserve shall not be open between April 1 and July 31.

Stat. Auth.: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & 497.248
Stats. Implemented: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & 497.248
Hist.: GC 101, f. 7-9-59, Renumbered from 630-023-0030, Renumbered from 635-007-0030; FWC 115-1992, f. & cert. ef. 10-28-92; DFW 86-1999, f. & cert. ef. 11-1-99; DFW 7-2002, f. & cert. ef. 1-17-02

635-047-0032

Transportation of Killed Birds

Birds killed on a hunting preserve may be cleaned, wrapped, and packaged for transport. These birds shall be accompanied by a transportation form provided by the preserve operator stating preserve name, signature, address, and hunting license number of the hunter. In addition, species, number, sex (pheasants only) and harvest date of the birds being transported shall be included. Birds not cleaned, wrapped, and packaged shall be transported with a fully feathered head attached.

Stat. Auth.: ORS 496.112, 496.138, 496.146& 496.162
Stats. Implemented: ORS 496.112, 496.138, 496.146& 496.162
Hist.: DFW 7-2002, f. & cert. ef. 1-17-02

635-047-0035

Fees

(1) Fee for hunting preserve license shall be $200.00 (plus a $2.00 license agent fee) per year.

(2) Licenses issued under this rule shall be issued for a period of July 1 to June 30 of the following year.

Stat. Auth.: ORS 496.112, 496.138, 496.146 & 496.162
Stats. Implemented: ORS 496.112, 496.138, 496.146 & 496.162
Hist.: GC 101, f. 7-9-59, Renumbered from 630-023-0035, Renumbered from 635-007-0035; FWC 115-1992, f. & cert. ef. 10-28-92; DFW 7-2002, f. & cert. ef. 1-17-02; DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10

635-047-0040

Records

(1) Each hunting preserve operator shall maintain a registration book listing names, addresses, and hunting license numbers of all shooters; the date on which they hunted; the amount of game and species taken, and the markings affixed to each carcass. An accurate record likewise must be maintained of the total number, by species, of game raised or purchased, and the date and number of all species released. These records shall be open to inspection by a delegated representative of the department or Oregon State Police at any reasonable time.

(2) A report of each year's operation and an annual renewal form shall be submitted to the department within 30 days after the close of the season. Report forms will be provided by the department.

Stat. Auth.: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & 497.248
Stats. Implemented: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & 497.248
Hist.: GC 101, f. 7-9-59, Renumbered from 630-023-0040, Renumbered from 635-007-0040; FWC 115-1992, f. & cert. ef. 10-28-92; DFW 86-1999, f. & cert. ef. 11-1-99; DFW 7-2002, f. & cert. ef. 1-17-02

635-047-0045

License Requirements of Hunters

(1) State hunting licenses shall be required of all persons hunting on hunting preserves. Residents shall be required to possess either a resident hunting license or an annual resident private hunting preserve permit. The resident private hunting preserve permit shall cost $4.00(plus a $2.00 license agent fee) and is good for the entire hunting preserve season on any licensed hunting preserve. Nonresidents shall be required to possess a regular nonresident hunting license, or an annual nonresident private hunting preserve permit. The nonresident private hunting preserve permit shall cost $10.00 (plus a $2.00 license agent fee) and shall be good for the entire hunting preserve season on any licensed hunting preserve in the state.

(2) Operators may obtain special hunting preserve permits for reissue to their clients from the Department. Operators who are not authorized license agents of the Department shall pay in advance for the special $4.00(plus a $2.00 license agent fee) resident and $10.00 (plus a $2.00 license agent fee) nonresident hunting preserve permits and maintain a record of all sales. Operators shall have on hand a minimum of not less than ten resident and not less than ten nonresident special preserve permits at all times. Operators may return unissued preserve permits for refund within 30 days of close of business in the event they discontinue operation.

Stat. Auth.: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & 497.248
Stats. Implemented: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & .248
Hist.: GC 101, f. 7-9-59, Renumbered from 630-023-0045, Renumbered from 635-007-0045; FWC 115-1992, f. & cert. ef. 10-28-92; DFW 86-1999, f. & cert. ef. 11-1-99; DFW 7-2002, f. & cert. ef. 1-17-02; DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10

635-047-0050

Revocation

(1) In addition to the penalties provided in ORS 496.992, the Department may revoke or refuse to renew a license for a hunting preserve if the operator fails to comply with any rule in relation to the operation of a private hunting preserve or with ORS 497.248.

(2) A new license may not be issued to a person whose license has been revoked unless it appears to the satisfaction of the Department that the person will comply with the rules for the operation of a hunting preserve and ORS 497.248.

(3) Notwithstanding subsection (1) of this section, the Department may not revoke a license for a first violation.

(4) Prior to revoking or refusing to renew a license, the Department shall serve written notice, in the manner prescribed for contested case proceedings pursuant to ORS 183.415, on the operator of the private hunting preserve, ordering the operator to:

(a) Notify the Department within 30 days of the service of the notice if the operator seeks a review of the proposed revocation or refusal to renew the license in the manner provided for contested case proceedings in ORS 183.413 to 183.470; and

(b) Set forth in any notification under paragraph (a) of this subsection the operator's reasons why the license should be renewed or not be revoked.

(5) At the conclusion of a contested case proceeding conducted by the department pursuant to subsection (4) of this section, an operator may petition the Commission for a review of the determination by the Department.

Stat. Auth.: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & 497.248
Stats. Implemented: ORS 496.012, 496.138, 496.570, 497.102, 497.156 & 497.248
Hist.: GC 101, f. 7-9-59, Renumbered from 630-023-0050, Renumbered from 635-007-0050; FWC 115-1992, f. & cert. ef. 10-28-92; DFW 86-1999, f. & cert. ef. 11-1-99; DFW 7-2002, f. & cert. ef. 1-17-02

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