DIVISION 58
FERAL SWINE
635-058-0000
Purpose and General Information
(1) The purpose of this rule is to protect Oregon’s native wildlife from disease, predation and the destruction of habitat caused by feral swine within the state. These rules remove various incentives for allowing feral swine to knowingly roam on private and public property.
(2) Feral Swine are defined by the State Department of Agriculture in OAR 603-010-0055.
(3)”Department” means the Oregon Department of Fish and Wildlife.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 498.022, 498.029, 498.052, 498.222 & HB 2221 (2009 OL Ch. 605)
Stats. Implemented: ORS 496.012, 496.138, 496.146, 498.022, 498.029, 498.052, 498.222 & HB 2221 (2009 OL Ch. 605)
Hist.: DFW 2-2010, f. & cert. ef. 1-12-10
635-058-0010
Removal of Feral Swine
(1) HB 2221 (Oregon Laws 2009, Chapter 605) requires that a person who owns or controls land (or an employee of that person who acts as land manager) must notify the Department within 10 days of discovering feral swine on the land. Within 60 days after notification, the person or their land manager must submit a feral swine removal plan to the Department for approval. At minimum, the plan must include:
(a) Actions to be taken to remove all feral swine from the land (which may include, but are not limited to, hunting and trapping); and
(b) An expiration date for the proposed actions.
(2) Upon approval of the plan by the Department, the person or land manager must implement the plan.
(3) The Department may grant an extension of the expiration date of the feral swine removal plan.
(a) The request for an extension must be submitted to the Department by the person or land manager at least seven (7) days prior to the expiration date.
(b) The Department will determine the length of the extension on a case-by-case basis.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 498.022, 498.029, 498.052, 498.222 & HB 2221 (2009 OL Ch. 605)
Stats. Implemented: ORS 496.012, 496.138, 496.146, 498.022, 498.029, 498.052, 498.222 & HB 2221 (2009 OL Ch. 605)
Hist.: DFW 2-2010, f. & cert. ef. 1-12-10
635-058-0020
Land Subject to Inspection
After the expiration date of a Department-approved feral swine removal plan, the Oregon State Police or Department may (upon 10 days’ prior notice) enter the land to determine whether implementation of the plan removed all feral swine. Entry will 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 residence.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 498.022, 498.029, 498.052, 498.222 & HB 2221 (2009 OL Ch. 605)
Stats. Implemented: ORS 496.012, 496.138, 496.146, 498.022, 498.029, 498.052, 498.222 & HB 2221 (2009 OL Ch. 605)
Hist.: DFW 2-2010, f. & cert. ef. 1-12-10
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