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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 49

PRIVATE HOLDING OR PROPAGATING OF CERVID SPECIES

635-049-0001

Policy

These rules govern holding and propagation of cervids in Oregon. Oregon’s wildlife policy (ORS 496.012) requires the Fish and Wildlife Commission to prevent “serious depletion of any indigenous wildlife species.” More specifically, ORS 497.228 requires the Commission to ensure that cervid propagation operations are conducted “in such manner as will not be harmful to existing wildlife populations.” Accordingly, these rules regulate the private holding and propagation of cervids to protect the public’s native wildlife. In particular, the Commission is concerned that unregulated holding of captive cervids would put the public’s native wildlife at risk in terms of genetic pollution and disease.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08

635-049-0005

Definitions

The following define terms used in these Division 049 cervid-holding rules:

(1) “Cervids” are animals of the family Cervidae (deer, elk, moose, reindeer, and caribou).

(2) A “captive cervid” is any live cervid held in a state of more than temporary confinement.

(3) “Department”, unless otherwise specified in these rules, means the Oregon Department of Fish and Wildlife.

(4) “Division Administrator” means the Wildlife Division Administrator of the Oregon Fish and Wildlife Department.

(5) “Director”, unless otherwise specified in these rules, means the Director of the Oregon Department of Fish and Wildlife.

(6) “Double-fenced” means two parallel lines of fence spaced no less than 10 feet apart.

(7) “Escape” is when a captive cervid leaves a holding facility and wanders freely without an intentional or negligent act by the holder.

(8) A “hybrid” is an animal produced by crossing the sperm or egg of an individual of one species or subspecies with the egg or sperm of an individual of any other species or subspecies.

(9) “Native cervids” are those endemic to Oregon (mule deer, black-tailed deer, white-tailed deer, Roosevelt elk, Rocky Mountain elk and moose).

(10) “Non-native cervids” are cervids other than native cervids.

(11) “Person” means any individual, partnership, corporation, limited liability company, trust, association or governmental entity.

(12) “Release” is when a holder intentionally or through negligence allows a captive cervid to leave a holding facility and wander freely.

(13) A “wild cervid” is a native cervid born in the wild.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08

635-049-0015

Basic Requirements

(1) Cervids may not be held except as authorized by a cervid license issued by the Department.

(a) To hold Rocky Mountain elk (Cervus elaphus nelsoni), Roosevelt elk (Cervus elaphus roosevelti), Sika deer (Cervus nippon), Muntjac deer (Muntiacus sp.), white-tailed deer (Odocoileus virginianus) or black-tailed deer (Odocoileus hemionus columbianus), a Type 1 license is required.

(b) To hold fallow deer (Dama dama) or reindeer (Rangifer tarandus), a Type 2 license is required.

(c) No other species or subspecies of cervids may be held under a cervid license.

(2) The following are exceptions to the cervid license requirements of subsection (1):

(a) A scientific take permit issued pursuant to OAR chapter 635, division 43 may authorize the holding of cervids for the purpose of scientific research;

(b) A wildlife rehabilitation permit issued pursuant to OAR chapter 635, division 44 may authorize the temporary holding of wild cervids for the purpose of rehabilitation and return to the wild;

(c) Public agencies may hold cervids as necessary in the performance of their official duties. Temporary holding of cervids by public agencies is not subject to these division 49 rules. The Director may exempt a public agency’s permanent holding of cervids from any or all of these division 49 rules upon a finding that the operation would not tend to be harmful to existing wildlife populations and would significantly benefit the public.

(3) Hybridization of native cervids held in captivity is prohibited, except that:

(a) Hybrids of Rocky Mountain and Roosevelt elk may be held if specifically authorized in the license.

(b) Hybrids of native cervids and other native or non-native cervids may be held as part of a scientific effort if determined by the Director of the Department to be of overwhelming benefit to wildlife or wildlife habitat in Oregon and if specifically authorized as a condition of a license.

(4) No pairings between wild and captive cervids are allowed for the purpose of producing offspring unless specifically authorized as a license condition.

(5) If a licensed facility contains no cervids for more than 180 consecutive days, the license is deemed forfeited. Anyone whose license the Department proposes to forfeit may request a contested case hearing within 14 days of notice of the proposed decision.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08

635-049-0025

Import, Export, Transport Other than to Licensed Facilities

(1) It is unlawful to import live cervids. However, live fallow deer and/or reindeer that leave Oregon temporarily for educational or display purposes may return to Oregon upon obtaining any necessary Department of Agriculture permits, provided:

(a) The fallow deer and/or reindeer have had no contact with other cervids while outside Oregon; and

(b) The Department of Fish and Wildlife is notified each time before the fallow deer and/or reindeer re-enter Oregon.

(c) The Department of Fish and Wildlife is provided a schedule of off facility locations and dates before the fallow deer and/or reindeer are transported outside the facility.

(2) Cervid gametes or embryos may be imported into Oregon only under the following conditions:

(a) The person proposing to import provides the Department with documentation of the pedigree of the parents;

(b) The gametes or embryos are of the species or subspecies for which the recipient is licensed to hold; and

(c) The Department approves the import proposal in advance as posing no threat to native wildlife.

(3) Live cervids, gametes and embryos may be exported from Oregon, and cervid gametes and embryos may be imported into Oregon, only by a holder of an Oregon license valid for that species or subspecies, and provided that the licensee complies with all requirements of the Oregon Department of Agriculture governing transport, import and export in addition to provisions of OAR chapter 635 division 049.

(4) To the extent import or export of cervids, gametes or embryos is allowed by the above, any person proposing such import or export must obtain a permit from the Department of Fish and Wildlife in advance.

(5) Note the requirements of OAR 635-049-0265 governing transport of cervids.

(6) Effective January 1, 2009, it is unlawful for any person to export any bull elk that the person knows or should know will be used in a shooter bull operation. A “shooter bull operation” means a privately owned entity offering the hunting of bull elk for a fee or other remuneration within a fenced enclosure designed to prevent the elk’s escape into the wild.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08; DFW 65-2009, f. & cert. ef. 6-10-09; DFW 169-2010(Temp), f. 12-29-10, cert. ef. 1-1-11 thru 6-27-11; DFW 62-2011, f. & cert. ef. 6-3-11; DFW 107-2011, f. & cert. ef. 8-4-11

635-049-0035

Hunting of Privately Held Cervids Prohibited

It is unlawful to hunt, kill, or attempt to hunt or kill cervids held by a private party; however:

(1) Any person may slaughter such a cervid for meat or leather production;

(2) Any person may euthanize such a cervid for scientific, health, safety or other valid husbandry concerns; and

(3) The Department's Wildlife Division Administrator may authorize any person to hunt or kill a captive cervid if the Division Administrator determines it would be in the best interest of sound wildlife management. The Division Administrator may impose conditions on such authorizations.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08

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.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08

635-049-0065

Disease Testing; Cervid Disease Surveillance List

(1) Any person holding cervids must, after discovery of the death of any captive cervid in their custody:

(a) Report the death to a Department veterinarian by telephone, electronic mail or fax within 24 hours, providing animal ID number, date, and cause of death; and

(b) Test the cervid per the requirements of the Cervid Disease Surveillance List (CDSL). Table 1 summarizes the current requirements of the CDSL. Paragraph (2) below addresses those requirements in detail. [Table not included. See ED. NOTE.]

(2) The following apply to any tests required by the CDSL:

(a) Where, in consultation with the Oregon Department of Agriculture’s State Veterinarian, the Department determines that a captive cervid’s clinical signs or death suggests a high risk of disease, the Department may (in addition to any testing required by the CDSL) also subject the carcass to a necropsy by a state or federal veterinarian or veterinary pathologist or accredited veterinarian as directed by the Department at the Department’s expense.

(b) The CDSL testing requirements apply to any captive cervid dying of any cause at the age of six months or older. The holder is responsible for having the required tests performed, as per one of the following three options:

(A) The holder may choose to have the Department collect the samples;

(B) The holder may choose to have an accredited veterinarian collect the samples (so long as the veterinarian is not the holder or a member of the holder’s immediate family); or

(C) The holder may choose to make other arrangements to collect and submit samples for required testing. The holder is responsible for ensuring that the test results are immediately and directly reported to the Department’s veterinarian. If the holder chooses this option, the holder must submit all required tissues (obex, tonsilar, and medial retropharyngeal lymph nodes) to a testing facility accredited by the U.S. Department of Agriculture. The producer bears all collection and submission costs.

(c) The Department may waive the testing requirements of paragraph (1)(b) if the Department finds that the person was unable to complete testing due to one of the following circumstances:

(A) The animal was destroyed by fire (as verified in writing by a fire official with jurisdiction over the area where the fire occurred);

(B) The head was destroyed by a predator (as verified in writing by a Department biologist, an Oregon State Police Fish and Wildlife Division trooper or an employee of U.S. Department of Agriculture, Wildlife Services);

(C) The animal was stolen (as verified in writing by a law enforcement officer with jurisdiction over the area where the animal was stolen);

(D) The test sample was lost or destroyed while in the custody of a veterinarian, laboratory, the Department, Oregon Department of Agriculture or U.S. Department of Agriculture (as verified in writing by the responsible party);

(E) The test sample was damaged or destroyed during slaughter at a USDA certified facility during the culling process or removal of the head (as verified by a USDA inspector); or

(F) Any other circumstance where the Department determines that loss of the animal or sample was due to a circumstance that was reasonably outside the control of the person.

(3) An “unauthorized cervid” is one which was required to be listed in the holder’s annual report for the previous year but was not so listed, or is one of a species or subspecies (or a hybrid of a species) which is not authorized by the holder’s license. Upon a finding that an unauthorized cervid poses a risk to other captive cervids in a facility, the Department may also require testing of all cervids within the facility.

(4) If the Department determines that a captive cervid herd has been exposed to a disease on the Cervid Disease Surveillance List and that the exposure poses an imminent threat to wildlife, livestock or public health, the Department may take any appropriate action it determines necessary, including but not limited to confinement, testing or destruction of the affected captive cervids.

(5) If the Department determines that a licensed cervid holder has failed to comply with the testing requirements of this rule, and that such failure puts captive cervids or native wildlife at risk of disease or genetic harm, the Department may issue a hold order for any of the holder’s captive cervids. A hold order may prohibit captive cervids from being moved outside the facility, from entering designated portions of the facility, or from contact with other captive animals.

[ED. NOTE: Table referenced is not included in rule text. Click here for PDF copy of this rule with table.]

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
Hist.: DFW 65-2009, f. & cert. ef. 6-10-09

635-049-0067

Voluntary Chronic Wasting Disease Monitored Herd Program

(1) Any licensed Type I cervid holder may enroll their herd in the CWD monitored herd program if the holder chooses to comply with the testing requirements of OAR 635-049-0065(1)–(2) by having the samples taken by a federally accredited veterinarian (other than the holder or a member of the holder’s immediate family). A federally accredited veterinarian is a veterinarian approved by the U.S. Department of Agriculture pursuant to 9 Code of Federal Regulations Part 161 (Jan. 1, 2007).

(2) New facilities enrolling in the program begin monitored status when the herd inventory is completed by either the Department or Oregon State Police. Once a herd is enrolled, the Department will, each year by the anniversary of the herd’s enrollment, assess the status of that herd’s CWD testing data for the previous year.

(a) If the herd has not yet completed its first year of the certification program, or otherwise fails to meet the testing requirements in OAR 635-049-0065(2)(b)(A), the Department will designate that herd as “CWD monitored, status unknown.”

(b) If the herd has been identified as CWD-affected, -exposed or -traced, the Department will designate that herd as “CWD monitored, status pending”. “Traced” means that a records check has traced a member of the herd to another herd which was affected by CWD.

(c) If the herd has at least one documented case of CWD as determined by the National Veterinary Services Lab at Ames, Iowa, the Department will designate that herd as “CWD positive.”

(d) If the herd has completed its first full year of the program, and its testing data has met all requirements of these rules and shows no CWD affect, exposure or tracing, the Department will designate that herd as “CWD monitored, no evidence of CWD”.

(3) Based upon the annual status assessment and designation, each year by the herd’s annual enrollment anniversary the Department will also assign a program completion level to each enrolled herd, based upon the number of years (I through V) the herd has been designated “CWD monitored, no evidence of CWD”. If the herd is designated “CWD positive” during any year, the herd’s program completion level reverts to year zero. A herd’s program completion level reverts one step for each year that:

(a) The herd is designated “CWD monitored, status unknown” due to failure to meet testing requirements or “CWD monitored, status pending,” or

(b) The Department determines that:

(A) An undocumented cervid was found in the holder’s facility;

(B) One of the holder’s test samples was collected by a non-accredited veterinarian;

(C) The holder submitted a test sample that did not match the deceased animal from which it was said to come; or

(D) Captive cervids escape from the facility or wild cervids enter the facility due to the holder’s intentional act or negligence. 

(4) If , pursuant to these rules, a herd fails to advance to the next status level for two consecutive years, the Department will designate it as “status unknown”.

(5) When a holder enrolled in the program adds a cervid to the holder’s herd, and the added cervid comes from a herd with a program completion level lower than the holder’s herd, the Department will reduce the program completion level of the holder’s herd to that of the source herd of the added cervid. When a holder assembles a new herd on premises where CWD has never been detected and all cervids come from enrolled herds, the new herd enters the program at the lowest program completion level of the cervids acquired.

(6) When a herd reaches program completion level V, the Department will list the herd as having completed the program. That listing remains valid so long as the herd continues to comply with the requirements of this rule and unless and until downgraded as per paragraphs (3) through (5). Once downgraded, a herd must successfully complete one year of monitoring at level IV before the holder can be relisted as having completed the program.

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
Hist.: DFW 65-2009, f. & cert. ef. 6-10-09

635-049-0069

Recaptured Cervids

Where a captive cervid has escaped from a licensed facility and been recaptured, the Department may, where the Department determines it necessary to guard against disease, require that the cervid be subjected to nonlethal disease testing.

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
Hist.: DFW 65-2009, f. & cert. ef. 6-10-09

635-049-0071

Obligation to Report Disease Incidents

Any cervid license holder with knowledge that a cervid in his or her licensed Type 1 facility has any of the diseases on the Cervid Disease Surveillance List (or has been exposed to any of those diseases) must promptly report that fact to the Department and the State Veterinarian:

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
Hist.: DFW 65-2009, f. & cert. ef. 6-10-09

635-049-0073

Disease Testing and Genetic Requirements for Importation of Cervid Gametes and Embryos

(1) Before importing any cervid gamete or embryo into Oregon, a cervid holding licensee must submit for the Department’s review and approval a list of test results and genetic information from the donor cervid. To qualify for approval, the test results and genetic information must prove to the Department’s satisfaction that:

(a) No more than 30 days prior to submission, the donor cervid tested negative for brucellosis;

(b) No more than 90 days prior to submission, the donor cervid tested negative for bovine tuberculosis;

(c) The donor cervid has not been present in an area of CWD risk; and

(d) The donor cervid is a species which the licensee is licensed to hold in Oregon.

(2) Notwithstanding paragraph (1) (a), a gamete or embryo qualifies for import if the cervid licensee proves to the Department’s satisfaction that the donor cervid:

(a) Originated in a herd classified by the U.S. Department of Agriculture (USDA) as Certified Brucellosis-Free; or

(b) Originated in a herd classified by USDA as Brucellosis Monitored, plus tested negative for brucellosis no more than 90 days prior to entry into Oregon.

(3) Notwithstanding paragraph (1) (b), a gamete or embryo qualifies for import if the cervid licensee proves to the Department’s satisfaction that the donor cervid:

(a) Originated in a herd classified by USDA as Bovine Tuberculosis Accredited; or

(b) Originated in a herd classified by USDA as Bovine Tuberculosis Qualified or Monitored, plus tested negative for tuberculosis no more than 90 days prior to entry into Oregon.

(4) “Has not been present in an area of CWD risk” means that the donor cervid has never:

(a) Been in a herd or facility that tested positive for CWD;

(b) Come in contact with a cervid that tested positive for CWD or a cervid that came from a herd or facility that tested positive for CWD; or

(c) Been in a state, Canadian province or foreign country with a history of CWD.

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
Hist.: DFW 65-2009, f. & cert. ef. 6-10-09

635-049-0075

Genetic Requirements

Any person holding cervids must comply with the following genetics management requirements:

(1) The holder must inform the Department in advance of any in vitro fertilization or artificial insemination of captive cervids;

(2) Upon demand by the Department, the holder must verify that a cervid born from in vitro fertilization or artificial insemination is of a species or subspecies authorized by the holder’s license.

(3) The Department may, at its discretion and expense, subject any captive cervids to genetic analysis;

(4) If the Department determines that an unauthorized cervid exists at a cervid holding facility, the holder must have all cervids in the facility genetically tested as directed by the Department and at the holder’s expense. An “unauthorized cervid” is one which was not listed in the holder’s annual report for the previous year or one of a species or subspecies (or a hybrid of a species) which is not authorized by the holder’s license.

(5) If the Department determines that a holder is holding any unauthorized cervids, the holder must kill or otherwise legally dispose of those cervids within 30 days of the Department’s determination. The Department bears no liability for such a determination. “Otherwise legally dispose” means to legally export from Oregon or transfer to a licensed Oregon facility that is authorized to hold such cervids.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08

635-049-0085

Licenses Generally

(1) Cervid holding licenses must be renewed annually and are valid for as long as a licensee complies with all requirements of OAR chapter 635 division 049.

(2) Cervid holding licenses are specific to the holder and to the holding facility described in the license.

(3) When the Department issues or renews a license to a corporation, limited partnership or limited liability company or trust, the Department will require a joint and several personal guarantee from each shareholder, stockholder, limited partner, general partner, member, trustee, current beneficiary or other principal. The personal guarantee must address liability for costs as provided in OAR 635-049-0045.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08

635-049-0095

Decision Standard for Issuing a License

The decision standard for issuing a cervid license is whether the proposed cervid holding operation would tend to be harmful to wildlife populations then existing in the wild, especially native wildlife. Any person whose license application the Department proposes to deny may request a contested case hearing within 14 days of notice of the proposed decision.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08

635-049-0105

Decision Standard for Suspending, Revoking or Refusing to Renew a License

(1) The following are grounds for suspending, revoking or refusing to renew a license.

(a) That the licensee (or the licensee’s officer, director, shareholder, partner, member, manager or employee) was convicted or admitted violation of these rules or any other provision of the wildlife laws at the licensed facility or in connection with the licensed operation; or

(b) A finding by the Department that continued operation would tend to be harmful to wildlife populations then existing in the wild, especially native wildlife.

(2) Any person whose license the Department proposes to suspend, revoke or refuse to renew may request a contested case hearing within 14 days of notice of the proposed decision.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08

635-049-0115

Disposition of Cervids Upon License Suspension, Revocation, Nonrenewal or Denial

(1) Within 90 days after any of the following events, any person holding cervids must dispose of the cervids:

(a) Suspension, revocation or expiration of the cervid license;

(b) Denial of an application for license; or

(c) Receipt of a notice from the Department informing the holder that the cervid(s) is/are not authorized by license.

(2) “Dispose” means to do the following in compliance with these rules:

(a) Kill;

(b) Transfer to another licensed facility; or

(c) Export from Oregon.

(3) If the holder fails to dispose of any cervids by the deadline specified in paragraph (1), and if the Department determines that the cervids pose an imminent threat to wildlife, livestock, or public health requiring prompt action, the Department may kill, confine, transfer, or otherwise dispose of the cervids as it determines necessary. In all other circumstances, the Department may kill, transfer, confine or otherwise dispose of the cervids only after providing the holder with notice and an opportunity for hearing. The Department may choose to keep the cervids on the holder's property until an appropriate means of disposal is found or pending a hearing. The Department bears no liability for such actions. Any cervids held for disposal must be treated humanely in compliance with these rules.

(4) The holders of any cervids of which the Department disposes pursuant to paragraph (3) must compensate the State of Oregon for any and all expenses incurred by the State during disposition.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08

635-049-0125

Control of Disease Outbreaks

(1) Diseased captive cervids posing an imminent danger to public health, wildlife or livestock constitute a public nuisance.

(2) Upon a finding that an outbreak of communicable disease among captive cervids poses imminent danger to public health, wildlife or livestock requiring prompt action, the Department may order the holder to destroy, confine or transfer by a specified deadline any or all cervids they hold.

(3) If a holder fails to take the action ordered by the Department pursuant to paragraph (2), the Department or its agents may enter the holder’s facility and take the action. The holder is liable for any costs the State of Oregon so incurs. The Department bears no liability for such actions.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08

635-049-0135

General Requirements for Holding Cervids

NOTE: This section establishes general requirements applicable to all cervid holders. The sections governing Type 1 and Type 2 cervid licenses impose additional, more specific requirements concerning particular aspects of cervid holding

(1) A holder must treat captive cervids in a humane manner, and provide food and water in sufficient quantity and quality to maintain the cervids in a healthy condition. In addition, the holder must comply with ORS 167.310 through 167.340 inclusive (concerning humane treatment of animals) and any applicable requirements concerning water quality.

(2) A holder must maintain cervid holding facilities in a sanitary condition and provide adequate room for exercise.

(3) A holder must ensure that cervid holding facilities, including vegetation management and individual pasture and paddock size, allow daily, ground level observation of all cervids. “Ground level observation” does not necessarily require a single observation point. In addition to any applicable fencing standards under these rules, the following requirements apply:

(a) Maximum facility size is 300 contiguous acres, unless a facility plan has been approved by the Director as an exemption.

(b) A holder’s facility must prevent ingress of wild cervids into the facility and egress of captive cervids from the facility, plus maintain complete separation of captive and wild cervids at all times.

(4) Holders must ensure that facility enclosures include handling facilities adequate to gather and hold cervids safely and efficiently for inspection, testing or quarantine.

(5) Each license authorizes only one facility. Satellite facilities are not allowed.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08

635-049-0145

Sale or Exchange

(1) The sale or exchange of live cervids, cervid embryos and cervid gametes is prohibited, except that live cervids, embryos and gametes may be sold or exchanged if legally held under an Oregon cervid license and only if:

(a) Sold to others who are authorized to hold cervids legally outside the state of Oregon; or

(b) Sold to or exchanged with the holder of an Oregon cervid license valid for that species or subspecies.

(2) Purchase, sale or exchange of cervid parts is governed by OAR chapter 635, division 200.

(3) Note the requirements of OAR 635-049-0265 governing transport of cervids.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08

Provisions Specific to Type I Cervid Licenses

635-049-0165

Type 1 Cervid Licenses

(1) A Type 1 cervid license is required to hold Rocky Mountain elk, Roosevelt elk, Sika deer, Muntjac deer, white-tailed deer or black-tailed deer. No hybrid cervids are allowed except as authorized in OAR 635-049-0015(3).

(2) A Type 1 cervid license is valid as long as the licensee complies with all requirements of these rules, but must be renewed annually.

(3) Type 1 cervid licenses are allocated as follows:

(a) The number of Type 1 cervid licenses for commercial or exhibition holding of Rocky Mountain elk, and/or Roosevelt elk and their hybrids is limited to 16. Commercial operations are those intending to sell elk or their parts or products. Exhibition operations are operations intending to display elk. These are the Type 1 commercial and exhibition licenses as of May 9, 2008:

Type 1 commercial and exhibition licenses as of May 9, 2008

License Number: 1106; 1107; 1203; 1301; 1303; 1304; 1305; 1401; 1404; 1405; 1406; 1407; 1703; 1704; 1705

(b) Licenses for commercial and exhibition holding are also subject to the following additional restrictions:

(A) New facilities for Type 1 cervid licenses for commercial or exhibition holding of Roosevelt elk must be located west of the crest of the Cascade Mountains.

(B) New facilities for Type 1 cervid licenses for commercial or exhibition holding of Rocky Mountain elk must be located east of the crest of the Cascade Mountains.

(C) No new Type 1 cervid licenses will be issued for commercial or exhibition holding of hybrids of Roosevelt elk and Rocky Mountain elk.

(c) Type 1 cervid licenses for commercial or exhibition holding of Sika deer, Muntjac deer, White-tailed deer or Black-tailed deer are limited to those issued on or before January 20, 1993.

(d) There is no limit on the number of licenses the Department may issue for holding Type 1 species for scientific research, education or conservation operations. Before a license can be issued for these purposes, the Director must first determine that the application is submitted by an individual or organization involved in a bona fide scientific research, education or conservation project and that the operation will result in an overwhelming benefit to wildlife or wildlife habitat in Oregon.

(4) Notwithstanding the above, if the Department chooses to place any cervid in its custody with a licensed facility, it may do so (with the licensee’s consent) regardless of whether that facility is licensed for that particular species.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08

635-049-0175

License Applications

(1) An applicant seeking a license for the first time must submit to Department headquarters the following information on a form provided by the Department:

(a) The species, subspecies and number of cervids to be held;

(b) Date of application;

(c) Location and size of facility;

(d) Whether the applicant is an individual, partnership, corporation, limited liability company or other legal entity. If a partnership, the application must provide the full names and addresses of the partners. If a corporation, the application must provide the full names and addresses of all officers, directors and stockholders. If a limited liability company, the application must provide the full names and addresses of all members and managers. If the applicant is structured as a tiered organization, the application must provide the full names and address of all of the partners; or officers, directors and stockholders; or members and managers of each constituent entity within the tiered organization;

(e) A diagram of the proposed facility and its relationship to local landforms (e.g., bodies of water, hills, roadways, etc.);

(f) A description of the applicant’s technical ability to successfully maintain and operate a cervid holding facility;

(g) Whether the applicant (or any of its partners, officers, directors, shareholders, members, managers or employees) has been convicted of a felony or misdemeanor or otherwise found or admitted to have committed any violation (criminal or civil) involving natural resources (wildlife, forestry, fisheries, environment); and

(h) A statement from the appropriate local planning authorities that the proposed facility complies with the local comprehensive land use plan and land use ordinances.

(2) These timelines govern the Department’s processing of a license application:

(a) Within 30 days of receiving an application, the Department must determine whether the application is complete or notify the applicant in writing of any deficiencies;

(b) Within 60 days of receiving a complete and accurate application, the Department must determine whether the applicant qualifies for a license and notify the applicant in writing of this decision.

(c) Upon qualification for a license, it is the applicant’s responsibility to request a facility inspection by the Department. This inspection must occur within 30 days of the applicant’s request and before cervids occupy the facility.

(d) Within 14 days after the inspection, the Department must inform the applicant in writing whether the facility passes inspection. If the Department determines that the facility does not pass inspection, it must inform the applicant of any deficiencies and allow the applicant 60 days to correct them.

(e) Within the 60-day period noted in paragraph (d), the applicant may ask the Department to reinspect the facility. The Department must reinspect within 30 days of such request. If the facility again fails to pass inspection, the application is deemed denied.

(f) Upon approving the facility, the Department will issue a license. Upon receipt of the license, the applicant may place cervids in the facility.

(3) The Department may grant a license only if it determines that:

(a) The operation will not tend to be harmful to wildlife populations existing outside the facility;

(b) The applicant has the technical ability to successfully operate and maintain a cervid facility;

(c) The applicant can be expected to comply with all legal requirements; and

(d) The proposed holding facility is adequate and complies with all legal requirements.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08

635-049-0185

Lottery for Elk Licenses Issued for Commercial or Exhibition Purposes

(1) If an elk holding facility license for commercial or exhibition purposes becomes available, the department may choose to allocate that license to a new applicant by lottery.

(2) To participate in the lottery, one must have qualified for a license as per OAR 635-049-0175(2)(b) and have paid a $100 nonrefundable application fee. The lottery drawing shall precede facility inspection.

(3) The department will conduct the lottery by drawing names of eligible entrants at random, then notifying the successful entrant in writing within 10 business days;

(4) If the lottery does not allocate all available licenses, the department will allocate remaining licenses to qualified applicants on a first-come, first-served basis.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08

635-049-0195

License Renewal

To renew a type 1 license, a licensee must submit a renewal request to the Department by November 30. Such a request must be made on the licensing form identified in OAR 635-049-0175 and note any and all changes that have occurred since the last license application was approved. OAR 635-049-0105 governs the Department’s decision. A license will be deemed relinquished if a renewal application is not submitted by November 30. The license period is January 1 through December 31.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08

635-049-0205

Record Keeping

Licensees must keep accurate, legible and up-to-date records of:

(1) all movement of cervids (including gametes and embryos) into or out of their facility. At minimum, these records must include all sales, purchases, loans (of cervids), trades, or other such transactions involving cervids, as well as any cervid births or deaths at the facility. Each record must refer to individual cervids by their unique mark and ear tag and list the names, addresses, and license or permit numbers of any individuals or entities involved in the transactions;

(2) Calving and fawning;

(3) Escape or release;

(4) Disease testing;

(5) Artificial insemination and embryo implants; and

(6) Each cervid’s pedigree.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08; DFW 143-2008, f. & cert. ef. 11-24-08

635-049-0225

Inspection of Facilities and Records

(1) Each licensee must agree, as a condition of the license, to allow the Department, the Oregon Department of Agriculture, or the Oregon State Police to inspect any cervids, any records of the cervid holding operation and any facilities related to the holding operation. No advance notice is required, but in the absence of an emergency or other exigent circumstance such inspections will be limited to regular business hours (8 a.m. to 5 p.m.) seven days a week.

(2) Nothing in this rule authorizes the warrantless search of a residence.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08

635-049-0235

Reporting

(1) Each licensee must:

(a) Within 30 days after the birth of any calf in its facility, report that birth to the Department; and

(b) By January 31 each year, submit to the Department an annual report for the previous year.

(2) A calving/fawning report must list all cervid calves/fawns born on the facility to date and the identifying marks applied to each new calf/fawn.

(3) An annual report must:

(a) Provide details of any and all changes in cervid inventory (deaths, births, slaughter, sale, purchase, transfer, etc).

(b) Provide details of any escape or release.

(c) Summarize results of disease testing; and

(d) Summarize results of any artificial fertilizations or embryo implants.

(4) A license shall be revoked if any required report is not submitted by the required date, or does not satisfy the reporting requirements set forth in this section.

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
Hist.: DFW 151-2008, f. 12-18-08, cert. ef. 1-1-09

635-049-0245

Fencing Requirements

To prevent contact between captive and wild cervids and therefore protect wild cervids from disease and genetic risks, a cervid holding facility subject to a Type 1 license must meet the following requirements:

(1) For new or transferred licenses: The facility must be double-fenced with wire mesh along its entire exterior perimeter boundary.

(2) For each of the facilities licensed as of May 9, 2008: 

(a) If, at any time, the Department determines that the facility contains or contained a diseased cervid, the facility must be double fenced with wire mesh along its entire exterior perimeter boundary. A “diseased cervid” means a cervid infected with a disease listed on the Cervid Disease Surveillance List or a disease determined by the Department to pose a population health threat to Oregon's wild cervids. The licensee must comply with these fencing requirements within 30 days after receipt of the Department’s determination or (if the captive cervid herd has been eliminated because of the disease) before placing new cervids in the facility.

(b) Until the Department determines that the facility contains or contained a diseased cervid, as provided in the foregoing paragraph (a), a facility must be at least single-fenced with wire mesh along the entire exterior perimeter boundary.

(3) Wire mesh fences must extend at least eight feet above ground level for their entire length. The bottom six feet must be woven wire mesh with 6-inch vertical spacing and graduated horizontal spacing from 3-inch at the bottom to 8-inch at the top; constructed with either hinge or knotted joints; and at least 12-1/2 gauge woven wire, 14-1/2 gauge high-tensile woven wire, or nonclimbable chain link. If more than one width of fencing material is used to attain the full eight feet in height, it must be overlapped one row and securely fastened at every other vertical row or woven together with cable. If supplemental wire is used to attain a height of eight feet, it may be smooth, barbed, or woven wire (at least 12-1/2 gauge) with strands spaced not more than six inches apart. Electric fencing may be used only to supplement the fencing requirements described above.

(4) Gates must be of a material that meets or exceeds the strength of the fence, and be equipped with two independent latching devices.

(5) At a minimum, fence posts must:

(a) Be either wood or metal. If wood, a corner post must be a minimum of 5 inches diameter at the small end and a line post must be a minimum of 4 inches at the small end. If metal, a post must be of"T" construction weighing at least 1.25 pounds per foot.

(b) Extend at least eight feet above ground level and at least two feet below ground surface;

(c) Be spaced no more than 16 feet apart. Wider spacing may be approved by the department for other posts and specific site conditions. Stays or supports must be placed between posts where necessary to maintain strength.

(d) Be braced at all corners with metal or wood of sufficient strength to keep captive cervids securely contained and to prevent wild cervids from entering.

(6) Where the facility includes a stream or other water body, the facility must provide cervid-proof swinging water gaps or stream crossings to prevent ingress and egress by cervids. Any such water gaps or crossings must be supported with steel cables and constructed to equal or exceed the standards of the fence.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08

635-049-0255

Cervid Marking

(1) Each cervid held under a Type 1 license must be marked with:

(a) A permanent, uniquely numbered mark approved in advance by the Department; and

(b) One ear tag visible from 50 feet. Licensee’s records must match the ear tags number and color to the animal’s unique permanent mark. Any lost ear tag must be replaced as soon as possible, consistent with good animal husbandry practices.

(2) Licensees must register the marks and tags called for in (1) with the Department’s headquarters office within 30 days after application. Tags and marks must be used as follows:

(a) Placed on each cervid calf or fawn within 30 days after its birth;

(b) Present on each newly acquired cervid within 14 days after its acquisition; and

(c) Recorded by the holder and noted in any transfer or other transaction records or reports for the cervid.

(3) In addition to the requirements imposed here, the licensee must also comply with any applicable Department of Agriculture marking and registration requirements.

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
Hist.: DFW 45-2009, f. & cert. ef. 5-6-09

Cervid Propagation License -- Type 2

635-049-0260

Cervid Propagation License -- Type 2 Required

Individuals or organizations intending to possess live fallow deer or reindeer for propagation or sale shall obtain a Cervid Propagation License -- Type 2. For the holding of fallow deer or reindeer only, a Cervid Propagation License -- Type 2 may serve in lieu of a Cervid Propagation License -- Type 1.

Stat. Auth.: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
Stats. Implemented: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
Hist.: FWC 9-1993, f. & cert. ef. 2-8-93; DFW 15-2000, f. & cert.ef. 3-31-00

635-049-0265

Transport of Cervids Among Licensed Facilities

(1) Cervids held under license may not be transported outside their licensed facility except:

(a) From one Oregon licensed cervid facility to another under a permit issued by the Department. The permit will specify any conditions necessary to protect native wildlife and to ensure safe and humane treatment of the cervids being transported.

(b) While being legally exported from Oregon under a permit issued by the Department, a certificate of veterinary inspection and any import permit or license required by the receiving state.

(c) Elk (legally captured from the wild in Oregon or bred from elk legally captured from the wild in Oregon) to and from an exhibition within Oregon under a permit issued by the Department, on the condition that the elk has no contact with, and will not be held in an area frequented by, any other cervid.

(d) As allowed by OAR 635-049-0025(1)(a), (b) and (c) for fallow deer and/or reindeer.

(e) To a slaughtering facility.

(2) To obtain a permit, the holder must apply using a form provided by the Department and provide all requested details concerning the proposed transport.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08; DFW 169-2010(Temp), f. 12-29-10, cert. ef. 1-1-11 thru 6-27-11; DFW 62-2011, f. & cert. ef. 6-3-11

635-049-0270

Application for Cervid Propagation License --Type 2

(1) Person desiring to hold or propagate live fallow deer or reindeer must first secure a Cervid Propagation License — Type 2 by applying to the Department's headquarters office.

(a) The application shall list the:

(A) Cervid species and numbers to be held;

(B) Date of application;

(C) Location and size of the facility; and

(D) Name, address, and signature of the applicant.

(b) Provided review of the application indicates the proposed operation meets the requirements of OAR chapter 635, division 049, the Department will notify the applicant of preliminary approval and the need for a facility inspection.

(2) The fee for a Cervid Propagation License -- Type 2 shall be $25 (plus a $2.00 license agent fee) annually.

Stat. Auth.: ORS 496.004, 496.012, 496.138, 497.228, 497.308, 498.002, 498.052
Stats. Implemented: ORS 496.004, 496.012, 496.138, 497.228, 497.308, 498.002 & 498.052
Hist.: FWC 9-1993, f. & cert. ef. 2-8-93; DFW 15-2000, f. & cert.ef. 3-31-00; DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10

635-049-0275

Requesting Changes to a License

(1) Change in the address (not location) of a licensed facility requires 21 days advance written notice to the Department, but does not require approval.

(2) Any proposed change in the species or subspecies held requires a new license application and Department approval.

(3) Any proposed change in the ownership or location of a licensee or a licensed facility requires a new license application and Department approval. Exception: Upon request, the Department may transfer a license held by an individual to a member of the individual’s immediate family if there is no change in facility location. When the license holder is a business entity, “change in ownership” occurs when there is any change in stockholders, shareholders, partners or principals.

(4) Any transfer, or series of transfers, for any reason, that results in change of ownership of more than 25 percent of the shares of stock in a corporation, or partnership interests in a general or limited partnership, or membership interests in a limited liability company, or beneficial interest in a trust, to which a cervid holding license was issued under this Division, constitutes an attempt to transfer the license. In this event, the cervid holding license must be revoked, unless, within 60 days of such transfer, the entity holding the license reapplies under OAR 635-049-0175, and the Department grants a new license.

(5) If the Department proposes to reject a change to a license, the licensee may request a contested case hearing within 14 days after mailing of the decision.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08

635-049-0280

Inspection of Cervid Propagation License--Type 2 Facilities and Records

Applicants shall mail the "request for inspection" form to the department office designated in their application approval notification letter and arrange for inspection of their facilities. If the department has made the determinations required by OAR 635-049-0270(1), a license may be issued upon department inspection and approval of the facilities.

(1) No animals may be held until receipt of the license. The license is an annual permit, valid from January 1 through December 31.

(2) In the first year of issuance, the license shall be valid from the date of issuance through December 31.

(3) Persons holding cervids under a Cervid Propagation License--Type 2 agree, as a condition of the license, to allow employees of the department, the Oregon Department of Agriculture, or the Oregon State Police to inspect at reasonable times all facilities, records, animals, and other such property related to the licensed operation. Inspection of the animals and the facilities related to animal husbandry may take place without warrant or notice, but, unless prompted by emergency or other exigent circumstances, shall be limited to regular and usual business hours, including weekends. Nothing in these rules is intended to authorize or allow the warrantless search or inspection of a licensee's residence.

(4) Cervid license holders also agree, as a condition of the license, to provide all records related to the animals, facilities or other property related to the cervid operation upon request. Failure to provide such information shall be a basis for revoking, suspending or refusing to renew a license, as provided in OAR 635-049-0120.

Stat. Auth.: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
Stats. Implemented: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
Hist.: FWC 9-1993, f. & cert. ef. 2-8-93; FWC 12-1995, f. & cert. ef. 2-15-95; FWC 64-1995, f. & cert. ef. 8-3-95; DFW 15-2000, f. & cert.ef. 3-31-00

635-049-0285

Decommissioning

(1) If a license is suspended, revoked or relinquished, or if any cervid herd is eliminated, the holder must maintain fences necessary to prevent ingress by wild cervids to areas once inhabited by captive cervids. The purpose of this requirement is to ensure that wild cervids do not access a site potentially contaminated with disease.

(2) A holder may ask the Department to lift the fencing requirement imposed by paragraph (1). Upon its determination that the site is not contaminated with a disease posing a threat to wildlife, the Department may rescind the fencing requirement and allow the site to be made accessible to wild cervids.

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
Hist.: DFW 52-2008, f. & cert. ef. 5-28-08

635-049-0290

Fencing Standards for Cervid Propagation License--Type 2

All cervid propagation facility fences must be built and maintained in such manner as to make every reasonable effort to avoid escape by captive cervids.

(1) Conventional perimeter fences must be, at a minimum, six feet above ground level for their entire length. The bottom four feet must be woven wire mesh with 6-inch vertical spacing and graduated horizontal spacing from 3-inch at the bottom to 8-inch at the top; constructed with either hinge or knotted joints; and at least 12-1/2 gauge woven wire, 12-1/2 gauge high-tensile woven wire, or nonclimbable chain link. If woven wire is used to attain the full six feet in height by overlapping, it must be overlapped one row and securely fastened at every other vertical row or woven together with cable. If supplemental wire is used to attain a height of six feet, it may be smooth, barbed, or woven wire (at least 12-1/2 gauge) with strands spaced not more than six inches apart.

(2) Electric fencing materials may be used on perimeter fences only to supplement conventional fencing materials.

(3) All gates in the perimeter fence must be constructed of a material that will meet or exceed the strength of the fence, and must be equipped with two latching devices.

(4) Posts used in the perimeter fence must be:

(a) Of material of sufficient strength to keep captive wildlife securely contained. Wooden corner posts shall be a minimum of five inches in diameter at the small end and line posts must be a wooden post with a minimum of four inches in diameter on the small end, or a metal "T" post weighing at least 1.25 pounds per foot;

(b) Extended at least six feet above ground level and at least two feet below ground surface;

(c) Spaced no more than 10 to 15 feet apart on medium tensile woven wire, 15 to 20 feet on high tensile woven wire, and 10 feet apart on metal "T" posts. If conditions warrant, stays or supports between posts may be required; and

(d) Braced with wood or with suitable metal material properly set at all corners.

(5) Cervid-proof swinging water gaps and stream crossings supported with steel cables and constructed to equal or exceed the standards of the fence are required. These crossings are subject to individual approval by department inspection. If, in the judgment of the department inspector, the crossings are inadequate to prevent ingress and egress during high water, the facility shall not pass inspection, and no cervids shall be held therein.

(6) Existing Facilities: Any deviation from these standards must first be submitted in writing to the department and approved by the director. This does not apply to repairs of existing facilities as long as the repairs maintain existing standards.

(7) New Facilities or Expansion of Existing Facilities: Approval of deviations from these standards must be granted by the director prior to construction. The facility shall not be occupied without prior department inspection or approval.

Stat. Auth.: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
Stats. Implemented: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
Hist.: FWC 9-1993, f. & cert. ef. 2-8-93; DFW 15-2000, f. & cert.ef. 3-31-00

635-049-0300

Animal Marking Required for Cervid Propagation License--Type 2

Persons holding fallow deer and reindeer under a Cervid Propagation License--Type 2 must register with the Oregon Department of Agriculture an individual brand, ear notch, approved combination of permanent ear tags, or other approved mark.

(1) This mark must be unique to the operation and must be clearly visible and identifiable at a distance of 50 feet from the marked animals. All cervids held must be clearly identified with this approved mark unless exempted by the director.

(2) Marking registration must include the facility location, species held, name and address of the person holding the license, and emergency telephone number(s) and contacts to be made should the animals be found in the wild.

(3) A copy of this registration shall be submitted to the department's headquarters office upon issuance by the Oregon Department of Agriculture. Any change in required information must be reported immediately to both agencies.

(4) The approved mark must be placed on the animals within 365 days of birth, or 14 days of purchase if the unique mark is not present on the animal when purchased.

Stat. Auth.: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
Stats. Implemented: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
Hist.: FWC 9-1993, f. & cert. ef. 2-8-93; DFW 15-2000, f. & cert.ef. 3-31-00

635-049-0310

Record Keeping Required for Cervid Propagation License--Type 2

(1) Persons holding any fallow deer and reindeer under a Cervid Propagation License must keep accurate and up-to-date records of all transactions involving movement of any animal on or off of the facility. These records must include all sales, purchases, loans, trades, or other transactions that involve movement into or out of the approved facility, and must include any births or deaths at the facility. These records must be up to date, legible, and accurate; record all animal movements; and list the names, addresses, and license or permit numbers of any individuals or organizations involved in the transactions.

(2) These records shall be open to inspection upon request by any department, Oregon Department of Agriculture, or Oregon State Police employee.

(3) Applications for annual renewal of a Cervid Propagation License--Type 2 must include a complete annual record of all transactions involving movement of animals off of or on to the approved facility, and of any births or deaths on the facility.

Stat. Auth.: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
Stats. Implemented: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
Hist.: FWC 9-1993, f. & cert. ef. 2-8-93; DFW 15-2000, f. & cert.ef. 3-31-00

635-049-0320

Cervid Propagation License--Type 2 Renewal

(1) Persons holding a Cervid Propagation License--Type 2 must apply for renewal by November 1 each year and must have maintained compliance with all rules and regulations pertaining to their activities.

(2) Failure to apply for renewal by November 1 shall render their permit void as of the following January 1.

(3) Notice of the need to renew shall be sent to all license holders by registered mail to the last address of record for the license holder on September 1 each year. Reminder postcards will be sent by regular mail to license holders who do not renew by September 30 each year.

Stat. Auth.: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
Stats. Implemented: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
Hist.: FWC 9-1993, f. & cert. ef. 2-8-93; DFW 15-2000, f. & cert.ef. 3-31-00

635-049-0350

Changes in Ownership of a Cervid Propagation Facility

(1) The new owner or operator shall apply for a new Cervid Propagation License--Type 2 when a change is proposed in the controlling interest or ownership of a Cervid Propagation License--Type 2 for fallow deer or reindeer. The department must be provided with the following information:

(a) The location of the facility and the number and species of cervids in the facility at the time of application;

(b) The name and address of the individual or entity proposed as the principle operator of the facility;

(c) The financial and technical capability of the proposed operator to successfully construct or operate the propagation facility;

(d) Any proposed changes in the operation or in the number or species of cervids held; and

(2) The department may deny any license if it finds the issuance of the license would tend to be harmful to existing wildlife populations pursuant to ORS 497.228.

Stat. Auth.: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
Stats. Implemented: ORS 496.012, 496.138, 497.308, 497.318, 498.002 & 498.052
Hist.: FWC 9-1993, f. & cert. ef. 2-8-93; DFW 15-2000, f. & cert.ef. 3-31-00

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