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

 

DIVISION 90

ACCESS AND HABITAT PROGRAM

635-090-0000

Purpose

These rules guide the implementation of the Access and Habitat Program authorized under Oregon Laws 1993, Chapter 659.

Stat. Auth.: ORS 496.012, ORS 496.138, ORS 496.146 & ORS 496.300
Stats. Implemented: ORS 496.012, ORS 496.138, ORS 496.146 & ORS 496.300
Hist.: FWC 17-1994, f. & cert. ef. 3-10-94

635-090-0010

Policy

It is the policy of the Oregon Fish and Wildlife Commission to improve Oregon's resource access and wildlife habitat through cooperation between the department, landowners and hunters to manage wildlife on private lands, and through the application of additional financial revenues.

Stat. Auth.: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.232 & ORS 496.242
Stats. Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.232 & ORS 496.242
Hist.: FWC 17-1994, f. & cert. ef. 3-10-94; DFW 48-1998, f. & cert. ef. 6-22-98

635-090-0020

Definitions

For the purposes of OAR 635-090-0000 through 635-090-0140 only:

(1) "Access project" means any activity designed to:

(a) Create hunting lease programs on privately owned lands that maintain access at present levels or stimulate new access;

(b) Encourage public and private landowners to open additional lands to the public through cooperative agreements with the department or the Oregon State Police to control that additional access;

(c) Open or expand hunter access, including vehicle access;

(d) Promote private land exchange with public land management agencies to provide better public access to hunting areas; or

(e) Promote proper hunting behavior.

(2) "Act" means sections 13 through 17 of Oregon Laws 1993, Chapter 659 which established the Oregon Access and Habitat Program and Board, and created the Access and Habitat subaccount in the State Wildlife Fund.

(3) "Board" means the Access and Habitat Board.

(4) "Council(s)" means Regional Advisory Council(s).

(5) "Fund" means the State Wildlife Fund created by ORS 496.300.

(6) "Grant agreement" means a contract between the department and a project sponsor describing the project and stating the financial support to be provided from the Access and Habitat subaccount.

(7) "Habitat project" means any activity designed to protect, maintain, or enhance wildlife habitat.

(8) "Landowner preference tag" means a tag authorizing the landowner and his or her immediate family to hunt during the season dates for which the tag is valid only on those lands owned by the landowner.

(9) "Project" means any access project or habitat project as defined in OAR 635-090-0020(1) and (7).

(10) "Project sponsor" means any public, private or nonprofit organization, or individual applying for or implementing an access and habitat project under the Act.

(11) "Region" means any one of four geographic administrative regions of the department.

(12) "Subaccount" means the separate subaccount in the State Wildlife Fund created by section 19 of the Act which may be expended only for access and habitat programs recommended by the board and approved by the commission.

Stat. Auth.: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.232 & ORS 496.242
Stats. Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.232 & ORS 496.242
Hist.: FWC 17-1994, f. & cert. ef. 3-10-94; FWC 37-1997, f. & cert. ef 6-17-97; DFW 48-1998, f. & cert. ef. 6-22-98; DFW 46-1999, f. & cert. ef. 6-15-99

635-090-0030

Access and Habitat Board

(1) The Access and Habitat Board shall consist of seven members appointed by the commission.

(2) Members shall be appointed as follows:

(a) One member of the board to represent the public and serve as board chairperson. In making appointments to the board pursuant to this subsection, the commission shall consider recommendations from the director.

(b) Three members to represent the broad spectrum of hunters. In making appointments to the board pursuant to this subsection, the commission shall consider recommendations from the director.

(c) Three members to represent the broad spectrum of agriculture and timber landowners. In making appointments to the board pursuant to this subsection, the commission shall consider recommendations from the director and from a list of at least five persons submitted by the State Forester and the Director of Agriculture.

(3) Board members shall serve four-year terms. Members of the board are eligible for appointment to two consecutive terms.

(4) Official actions of the board require the affirmative vote of at least four members.

(5) The board shall select officers for such terms and with such duties and powers as considered necessary to carry out the responsibilities of the board.

(6) The board shall meet at such times and places as may be determined by the chair or by the majority of board members.

(7) A board member shall receive no compensation, beyond reimbursement for actual and necessary travel and expenses, for expenditures incurred in the performance of official duties.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Hist.: FWC 17-1994, f. & cert. ef. 3-10-94; DFW 48-1998, f. & cert. ef. 6-22-98; DFW 46-1999, f. & cert. ef. 6-15-99; DFW 148-2009, f. 12-15-09, cert. ef. 1-1-10

635-090-0040

Access and Habitat Subaccount

(1) Notwithstanding ORS 496.300, all moneys received by the commission pursuant to section 19 of the Act shall be deposited in a separate subaccount in the State Wildlife Fund. Moneys in the subaccount may be expended only for the access and habitat programs recommended by the board for the benefit of the wildlife resources of the state.

(2) The department shall credit the subaccount with a sum equal to 15 percent of the other fund budget (funds derived solely from hunting license and tag fees) allocated to the Green Forage and Deer Enhancement and Restoration programs.

(3) The department shall not assess its personnel costs in the administration of this program against the subaccount without the prior approval of the Access and Habitat Board.

(4) The board may accept, from whatever source, gifts or grants for access and habitat purposes. All moneys so accepted shall be deposited in the subaccount referenced in OAR 635-090-0040(1). Unless otherwise required by the terms of the gift or grant, gifts or grants shall be expended as provided in 635-090-0050.

Stat. Auth.: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.232 & ORS 496.242
Stats. Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.232 & ORS 496.242
Hist.: FWC 17-1994, f. & cert. ef. 3-10-94; DFW 48-1998, f. & cert. ef. 6-22-98; DFW 46-1999, f. & cert. ef. 6-15-99

635-090-0050

Access and Habitat Subaccount Expenditures

All moneys made available for access and habitat programs from surcharges received under section 19 of the Act and from gifts and grants to the Access and Habitat Program may be expended only upon the recommendation of the board and the approval of the commission. Funds may be expended on programs that:

(1) Benefit wildlife by improving habitat. Such programs shall be coordinated with the Wildlife Division and shall be in addition to programs provided by federal funds. These programs may:

(a) Be on private land;

(b) Provide seed and fertilizer to offset forage consumed by wildlife and for other programs that enhance forage; and

(c) Be adjacent to agricultural and forest land to attract animals from those crops.

(2) Promote access to public and private lands through contracting for various levels of management of these lands. These management programs may include:

(a) Creating hunting lease programs that provide access at present levels or stimulate new access;

(b) Controlling access;

(c) Opening hunter access, including vehicle access;

(d) Promoting land exchanges;

(e) Promoting proper hunting behavior; or

(f) Acquisition of easements.

(3) Provide for wildlife feeding to alleviate damage, to intercept wildlife before they become involved in a damage situation, and for practical food replacement in severe winters.

(4) Coordinate volunteers to improve habitat, repair damage to fences or roads by wildlife or recreationists, monitor orderly hunter use of public and private lands, and assist the Oregon State Police in law enforcement activities.

(5) Administer the auction or raffle of access and habitat deer/elk tags to provide incentives for habitat or access projects.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Hist.: FWC 17-1994, f. & cert. ef. 3-10-94; DFW 48-1998, f. & cert. ef. 6-22-98; DFW 46-1999, f. & cert. ef. 6-15-99; DFW 148-2009, f. 12-15-09, cert. ef. 1-1-10

635-090-0060

Recommendations of the Access and Habitat Board

(1) The Access and Habitat Board shall meet, adopt and recommend to the commission (at intervals not to exceed 120 days) access and habitat programs.

(2) The commission shall review such programs and may approve or disapprove the program recommendation by the board. Funds may be expended from the subaccount referenced in OAR 635-090-0040(1) for projects that have been approved by the commission.

(3) The department and board shall submit to the Legislature a joint report on the expenditure of funds for access and habitat programs and on the status of various projects.

(4) In recommending access and habitat programs, the board shall:

(a) Recommend a mix of projects that provides a balance between access and habitat benefits.

(b) Recommend projects that are to be implemented by volunteers under volunteer coordinators and non-profit organizations engaged in approved access and habitat activities.

(c) Recommend programs that recognize and encourage the contributions of landowners to wildlife and programs that minimize the economic loss to those landowners.

(d) Encourage agreements with landowners who request damage control hunts to ensure public access to those hunts.

(e) Encourage projects that result in obtaining matching funds from other sources.

Stat. Auth.: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.232 & ORS 496.242
Stats. Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.232 & ORS 496.242
Hist.: FWC 17-1994, f. & cert. ef. 3-10-94; DFW 48-1998, f. & cert. ef. 6-22-98; DFW 46-1999, f. & cert. ef. 6-15-99

635-090-0070

Regional Access and Habitat Advisory Councils

(1) Individuals who reside in the department's various regions may form advisory councils to discuss and consider access and habitat programs and projects and to make recommendations to the Access and Habitat Board.

(a) Advisory council membership shall be in the same representative proportions as described for the board at 635-090-0030(1) and (2).

(b) Regional Advisory Councils may be established as needed to adequately represent the land base and geographic areas of the state.

(c) The board shall consult with the Advisory Council for a region (if one exists) when considering proposals affecting that region.

(2) Employees of the department may act in an advisory capacity to the various councils.

(3) An individual shall receive no compensation or expenses for service as a member.

(4) Regional Advisory Council members shall be appointed by the Access and Habitat Board as follows:

(a) Council applicants shall be sought via public notice by the department, Access and Habitat Board or Regional Advisory Council.

(b) Interested applicants shall submit an application to the department for consideration by the prospective Regional Advisory Council and Access and Habitat Board.

(c) In making appointments to each Regional Advisory Council pursuant to this section, the Access and Habitat Board shall consider recommendations from the respective Regional Advisory Council.

(5) Regional Advisory Council members shall serve four-year terms. Members of the council are eligible for appointment to two consecutive terms.

Stat. Auth.: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.232 & ORS 496.242
Stats. Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.232 & ORS 496.242
Hist.: FWC 17-1994, f. & cert. ef. 3-10-94; DFW 48-1998, f. & cert. ef. 6-22-98; DFW 46-1999, f. & cert. ef. 6-15-99

635-090-0080

Access and Habitat Project Application

(1) Any public, private or non profit organization, or individual may propose an access and habitat project for funding.

(2) Proposed projects shall be submitted to the board in writing and on forms provided by the board.

(3) A separate application is required for each proposed project or project site.

(4) Each project application must provide:

(a) Well-defined and/or measurable goals;

(b) Measures to achieve project goals;

(c) The location and duration of the project, including the beginning and the ending date;

(d) Estimated project costs and estimated contribution of the project to public access and/or habitat protection;

(e) Standards for monitoring the effectiveness of habitat maintenance or enhancement or access measures; and

(f) A mechanism to modify the project to meet the agreed upon goals.

(5) Incomplete applications may be returned to the project sponsor for completion.

(6) The board or commission may require any additional information deemed necessary to evaluate the project proposal.

Stat. Auth.: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.232 & ORS 496.242
Stats. Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.232 & ORS 496.242
Hist.: FWC 17-1994, f. & cert. ef. 3-10-94; DFW 48-1998, f. & cert. ef. 6-22-98; DFW 46-1999, f. & cert. ef. 6-15-99; DFW 40-2000, f. & cert. ef. 7-25-00

635-090-0090

Evaluation Criteria for Proposed Access and Habitat Projects

(1) All proposed access and habitat projects shall be evaluated by the board for consistency with department wildlife and habitat management goals and objectives as set forth in administrative rules, species and/or management area plans, and department habitat conservation standards and guidelines approved or adopted by the commission.

(2) The Board shall not recommend a project for funding if it finds the project:

(a) Is inconsistent with the intent of the Act;

(b) Is contrary to sound biological principles;

(c) Proposes inappropriate measures or methods to accomplish the project objectives;

(d) Is inconsistent with statewide land use planning goals and local acknowledged land use plans; or

(e) Violates department goals, policies, administrative rules, or species or other management plans approved or adopted by the commission.

Stat. Auth.: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.232 & ORS 496.242
Stats. Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.232 & ORS 496.242
Hist.: FWC 17-1994, f. & cert. ef. 3-10-94; DFW 48-1998, f. & cert. ef. 6-22-98; DFW 46-1999, f. & cert. ef. 6-15-99

635-090-0100

Commission Approval of Proposed Access and Habitat Projects

(1) The commission shall review the board's recommendations and may approve or disapprove any or all projects recommended for funding.

(2) The board shall attach terms and conditions to project proposals necessary to protect and enhance the state's wildlife and their habitat. Terms and conditions shall include but are not limited to requiring the project sponsor to:

(a) Acquire written approval from the board prior to initiating the project;

(b) Agree to complete the project as approved by the commission and within the timeframe specified in the grant agreement;

(c) Obtain all necessary water rights, access agreements, easements, use permits or any other permits needed to undertake the project. Copies shall be provided to the board prior to commencing the project;

(d) File with the board a written request for permission to modify the project. Proposed modifications shall include the rationale for the requested change and shall be submitted to and approved by the board and the commission prior to initiating any work proposed in the modification;

(e) Submit a project report at the completion of the project describing the work done;

(f) Monitor and report the effectiveness of the project during the grant agreement period;

(g) Allow access to the project by commission or board members (or their representatives) to monitor and/or evaluate the project; and

(h) Account for access and habitat funds distributed by the department.

Stat. Auth.: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.232 & ORS 496.242
Stats. Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.232 & ORS 496.242
Hist.: FWC 17-1994, f. & cert. ef. 3-10-94; DFW 48-1998, f. & cert. ef. 6-22-98; DFW 46-1999, f. & cert. ef. 6-15-99

635-090-0110

Revocation of Access and Habitat Project Approval

(1) The commission may revoke approval of a project if, after consultation with the board, it determines that:

(a) Implementation of the project has exceeded or is inconsistent with the approved project proposal;

(b) The project sponsor has violated any term or condition imposed on the project;

(c) The project does not meet its proposed objectives; or

(d) The project is inconsistent with current department goals, policies or management plans.

(2) Proceedings to revoke approval of a project shall be conducted in accordance with ORS 183.413 through 183.550.

(3) The revocation of the approval of a project shall automatically invalidate any department permits issued for such project as of the date of revocation.

(4) Revocation of approval for an access and habitat project is in addition to and not in lieu of other penalties provided by law.

Stat. Auth.: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.232 & ORS 496.242
Stats. Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.232 & ORS 496.242
Hist.: FWC 17-1994, f. & cert. ef. 3-10-94; DFW 48-1998, f. & cert. ef. 6-22-98; DFW 46-1999, f. & cert. ef. 6-15-99

635-090-0120

Access and Habitat Project Grant Agreement

(1) Project sponsors other than the department shall enter into a grant agreement with the department prior to initiating the access and habitat project.

(2) The department shall distribute no funds under a grant agreement until it receives satisfactory evidence that all necessary permits and licenses have been granted and the required documents submitted.

(3) The department may release advance funds upon presentation of a detailed estimate of expenses for a time period specified in the grant agreement. The department will release no additional funds until the project sponsor submits all receipts for expenditures of the advance fund release.

(4) The department may release funds upon presentation of a completed Fund Release Request form accompanied by proof of the completion of specific work elements of the project as identified in the grant agreement. Proof of completion may include paid receipts of invoices for materials or contracted labor, or inspection reports.

(5) Except for grants of less than $2,000, the department shall retain a minimum of 10 percent of project funds until it receives the report required in OAR 635-090-0100(2)(e) and it evaluates the project for completion and compliance with the grant agreement.

Stat. Auth.: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.232 & ORS 496.242
Stats. Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 496.232 & ORS 496.242
Hist.: FWC 17-1994, f. & cert. ef. 3-10-94; DFW 48-1998, f. & cert. ef. 6-22-98

635-090-0130

Landowner Preference Tags

A landowner who is qualified to receive landowner preference tags from the commission may request from the board two additional tags for providing current public access and two additional tags for current wildlife habitat programs.

(1) This request shall be made with supporting evidence that the access is significant and the habitat programs benefit wildlife.

(2) The board may recommend that the commission grant the request.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Hist.: FWC 17-1994, f. & cert. ef. 3-10-94; DFW 48-1998, f. & cert. ef. 6-22-98

635-090-0140

Deer and Elk Tag Auction and Raffle

(1) Notwithstanding ORS 496.146(10), upon the recommendation of the Access and Habitat Board, the commission may issue each year up to ten elk and ten deer tags to hunt deer or elk. Recommendations from the board shall include:

(a) The land on which each tag shall be used;

(b) The percentage of funds (not to exceed 50 percent) received from the tags that may revert to the landowner if the tag is limited to private land; and

(c) A written agreement with the commission which provides public access and habitat improvements.

(2) The board may contract with a sportsman's group or other organization to conduct a raffle or an auction to issue the access and habitat deer and elk tags.

(3) The access and habitat raffle and/or auction deer and elk tags are in addition to all other tags and permits approved by the commission.

(a) In addition to the number of deer and elk tags legally available to an individual, an individual is allowed one additional elk and one additional deer tag annually, provided these tags are Access and Habitat auction or raffle tags.

(b) Hunting hours, open season, and open area will be determined by the board specific to the tag.

(c) Bag limit: one deer or one elk.

(4) Access and habitat deer/elk tag raffle requirements:

(a) There is no limit on the number of tickets a person may purchase. Raffle tickets shall be available for purchase in the following denominations with the addition of a $2.00 license agent fee:

(A) Deer Tags:

(i) One ticket at a cost of $2.50.

(ii) Six tickets at a cost of $9.50.

(iii) Fifteen tickets at a cost of $19.50.

(iv) Forty tickets at a cost of $49.50.

(v) One hundred tickets at a cost of $99.50.

(B) Elk tags:

(i) One ticket at a cost of $4.50.

(ii) Six tickets at a cost of $19.50.

(iii) Fifteen tickets at a cost of $39.50.

(iv) Forty tickets at a cost of $99.50.

(C) Combination Elk and Deer Tags:

(i) One ticket at a cost of $9.50.

(ii) Six tickets at a cost of $29.50.

(iii) Fifteen tickets at a cost of $59.50.

(iv) Forty tickets at a cost of $149.50.

(b) Raffle tickets in denominations of 1, 6, and 15 will be available to the public through authorized POS license vendors or through the Department's Salem headquarters office during the dates specified in the current Big Game Regulations. Tickets in denominations of forty and one hundred will be available only through the Department's Salem headquarters office. Tickets also may be sold by Department representatives at various public events or meetings of sportsmen and landowners.

(c) Residents and nonresidents shall be eligible to purchase tickets.

(d) There shall be no refunds for any raffle ticket purchases.

(e) Tickets purchased through license agents and submitted for the drawing by mail must be received at the Department's Salem headquarters office by the date specified in the current Big Game Regulations. Hand delivered tickets submitted for the drawing must be received by 5pm at the Salem headquarters office no later than two days before the drawing event. Completed tickets delivered to the drawing event must be turned in by the time specified in the current Big Game Regulations. Additional tickets may be purchased at the raffle site prior to the drawing.

(f) All tickets submitted for the drawing must be complete with a name, address, phone number, and hunt number (if applicable).

(g) One winner and a minimum of two alternate winners shall be drawn at a public drawing; time and location to be determined by the board and Department.

(h) If a person is drawn as the winner of more than one hunt for the same species, the Department will issue the first Access and Habitat raffle deer/elk tag drawn by the person who meets all criteria specified herein.

(i) The order in which the winner and alternate winners for the deer/elk raffle hunts shall be drawn at the public drawing is as follows:

(i) Statewide Combination Elk and Deer -- #AH002.

(ii) Statewide Deer Hunt -- #AH001.

(iii) Southeast Oregon Deer Hunt -- #AH004.

(iv) Central Oregon Deer Hunt -- #AH005.

(v) Northeast Oregon Deer Hunt -- #AH003.

(vi) Statewide Elk Hunt -- #AH009.

(vii) Northeast Oregon Elk Hunt -- #AH006.

(viii) Central/Southeast Elk Hunt -- #AH007.

(ix) Western Oregon Elk Hunt -- #AH008.

(j) The Department will notify the winner and two alternates by mail. The winner must claim the tag during regular business hours within 30 days of the drawing or he/she shall be disqualified and the Department will offer the tag to the first alternate. The first alternate must claim the tag within 10 business days of notification or he/she shall be disqualified and the Department will notify the second alternate. The second alternate will be contacted in the same manner and with the same deadlines as the first alternate if the winner or first alternate have not claimed the tag as required. The tag will not be issued if not claimed during regular business hours within 90 days following the drawing.

(k) The access and habitat raffle deer/elk tag winners must have a valid hunting license.

(l) The Department will issue an access and habitat raffle deer/elk tag to the person whose name appears on the winning ticket and who meets all criteria specified herein. The tag is not transferable.

(5) Access and habitat deer/elk tag auction requirements:

(a) Residents and nonresidents shall be eligible to bid.

(b) The minimum acceptable bid for an access and habitat auction tag shall be $2,000.00 for deer and $5,000.00 for elk. The bid price includes the tag fee.

(c) Individuals, agents, corporations, or others that submit the highest bid shall provide the name, address, phone number, and affiliation of the individual to whom the access and habitat auction deer/elk tag shall be issued to a Department representative or a representative of the organization authorized to conduct the auction immediately upon the conclusion of the auction of such tag.

(d) Submittal of the winning bid shall be made to the Department by cashiers check or certified check within 20 working days of the date of the auction (whether conducted by the Department or by a sportsman's group or organization authorized to do so).

(e) If the full amount of the bid is not paid as required by OAR 635-090-140(5)(d), the Department may, at its discretion, reject the bid and offer the access and habitat auction deer/elk tag to the next highest bidder. Such next highest bidder must make payment to the Department by cashiers check or certified check within five working days of notification.

(f) The access and habitat auction deer/elk tag winner must have a valid hunting license.

(g) The Department will issue an access and habitat auction deer/elk tag to the winner who meets all criteria specified herein. The tag is not transferable.

(h) The Department reserves the right to accept or reject any or all access and habitat auction deer/elk tag bids.

Stat. Auth: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Hist.: FWC 17-1994, f. & cert. ef. 3-10-94; FWC 87-1994, f. & cert. ef. 11-22-94, FWC 52-1995, f. & cert. ef. 6-16-95; FWC 36-1996, f. & cert. ef. 6-7-96; DFW 48-1998, f. & cert. ef. 6-22-98; DFW 46-1999, f. & cert. ef. 6-15-99; DFW 1-2000(Temp), f. & cert. ef. 1-3-00 thru 6-30-00; DFW 40-2000, f. & cert. ef. 7-25-00; DFW 62-2001, f. & cert. ef. 7-25-01; DFW 106-2003, f. & cert. ef. 10-16-03; DFW 68-2004, f. & cert. ef. 7-13-04; DFW 48-2006, f. & cert. ef. 6-21-06; DFW 130-2006(Temp), f. & cert. ef. 12-15-06 thru 6-13-06; Administrative Correction, 6-16-07; DFW 142-2009, f. 11-12-09, cert. ef. 1-1-10

635-090-0150

Deer and Elk Auction Tags

(1) The following tags will be auctioned to the highest bidder annually in such manner and at such time as determined by the department pursuant to OAR 635-090-0140. Hunters successful in bidding for one of the following tags are subject to the provisions of 635-090-0140 and OAR chapter 635, division 065.

(2) Governor's Statewide Combination Hunt.

(a) Bag Limit: One elk and one deer.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(c) Open Season: September 1 through November 30.

(d) Open Area: Any area within Oregon Wildlife Unit Boundaries as defined in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065).

(e) Weapon: Any weapon legal for elk hunting as provided in OAR chapter 635, division 065.

(f) Number of tags: One (1) elk and one (1) deer.

(3) Statewide Deer Hunt.

(a) Bag Limit: One deer.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(c) Open Season: September 1through November 30.

(d) Open Area: Any area within Oregon Wildlife Unit Boundaries as defined in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065).

(e) Weapon: Any weapon legal for deer hunting as provided in OAR chapter 635, division 065.

(f) Number of Tags: Four.

(4) Statewide Elk Hunt.

(a) Bag Limit: One elk.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(c) Open Season: September 1 through November 30.

(d) Open Area: Any area within Oregon Wildlife Unit Boundaries as defined in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065).

(e) Weapon: Any weapon legal for elk hunting as provided in OAR chapter 635, division 065.

(f) Number of tags: Four.

Stat. Auth: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Hist.: FWC 35-1994, f. & cert. ef. 6-16-94; FWC 87-1994, f. & cert. ef. 11-22-94; FWC 36-1996, f. & cert. ef. 6-7-96; DFW 48-1998, f. & cert. ef. 6-22-98; DFW 40-2000, f. & cert. ef. 7-25-00; DFW 60-2002, f. & cert. ef. 6-11-02; DFW 68-2004, f. & cert. ef. 7-13-04; DFW 48-2006, f. & cert. ef. 6-21-06

635-090-0160

Deer and Elk Raffle Tags

(1) The following tags will be issued annually to individuals selected through a public drawing.

(2) Statewide Deer Hunt #AH001.

(a) Bag Limit: One deer.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(c) Open Season: September 1 through November 30.

(d) Open Area: Any area within Oregon Wildlife Unit Boundaries as defined in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065).

(e) Weapon: Any weapon legal for deer hunting as provided in OAR chapter 635, division 065.

(f) Number of tags: One.

(3) Statewide Combination Elk and Deer #AH002.

(a) Bag Limit: One elk and one deer.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(c) Open Season: September 1 through November 30.

(d) Open Area: Any area within Oregon Wildlife Unit Boundaries as defined in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065).

(e) Weapon: Any weapon legal for elk hunting as provided in OAR chapter 635, division 065.

(f) Number of tags: One (1) elk and one (1) deer.

(4) Northeast Oregon Deer Hunt #AH003.

(a) Bag Limit: One deer.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(c) Open Season: September 1 through November 30.

(d) Open Area: Any area open to controlled buck deer rifle hunts within the following wildlife units as described in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065): Columbia Basin, Walla Walla, Wenaha, Sled Springs, Chesnimnus, Snake River, Imnaha, Minam, Catherine Creek, Mt. Emily, Ukiah, Heppner, Fossil, Northside, Desolation, Starkey, Sumpter, Lookout Mountain, Keating, and Pine Creek.

(e) Weapon: Any weapon legal for deer hunting as provided in OAR chapter 635, division 065.

(f) Number of tags: One.

(5) Southeast Oregon Deer Hunt #AH004.

(a) Bag Limit: One deer.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(c) Open Season: September 1 through November 30.

(d) Open Area: Any area open to controlled buck deer rifle hunts within the following wildlife units as described in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065): Murderers Creek, Beulah, Owyhee, Malheur River, Silvies, Juniper, Steens Mountain, Whitehorse, Beatys Butte, and Warner.

(e) Weapon: Any weapon legal for deer hunting as provided in OAR chapter 635, division 065.

(f) Number of tags: One.

(6) Central Oregon Deer Hunt #AH005.

(a) Bag Limit: One deer.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(c) Open Season: September 1 through November 30.

(d) Open Area: Any area open to controlled buck deer rifle hunts within the following wildlife units as described in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065: Hood, White River, Biggs, Maupin, Grizzly, Metolius, Ochoco, Maury, Paulina, Upper Deschutes, Fort Rock, Wagontire, Silver Lake, Sprague, Keno, Klamath Falls, and Interstate.

(e) Weapon: Any weapon legal for deer hunting as provided in OAR chapter 635, division 065.

(f) Number of tags: One.

(7) Northeast Oregon Elk Hunt #AH006.

(a) Bag Limit: One elk.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(c) Open Season: September 1 through November 30.

(d) Open Area: Any area open to controlled or general season elk rifle hunts within the following wildlife units as described in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065): Columbia Basin, Walla Walla, Wenaha, Sled Springs, Chesnimnus, Snake River, Imnaha, Minam, Catherine Creek, Mt. Emily, Ukiah, Heppner, Fossil, Northside, Desolation, Starkey, Sumpter, Lookout Mountain, Keating, and Pine Creek.

(e) Weapon: Any weapon legal for elk hunting as provided in OAR chapter 635, division 065.

(f) Number of tags: One.

(8) Central/Southeast Elk Hunt #AH007.

(a) Bag Limit: One elk.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(c) Open Season: September 1 through November 30.

(d) Open Area: Any area open to controlled or general season elk rifle hunts within the following wildlife units as described in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065): Murderers Creek, Beulah, Owyhee, Malheur River, Silvies, Juniper, Steens Mountain, Whitehorse, Beatys Butte, Warner, Hood, White River, Biggs, Maupin, Grizzly, Metolius, Ochoco, Maury, Paulina, Upper Deschutes, Fort Rock, Wagontire, Silver Lake, Sprague, Keno, Klamath Falls, and Interstate.

(e) Weapon: Any weapon legal for elk hunting as provided in OAR chapter 635, division 065.

(f) Number of tags: One.

(9) Western Oregon Elk Hunt #AH008.

(a) Bag Limit: One elk.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(c) Open Season: September 1 through November 30.

(d) Open Area: Any area within Western Oregon Wildlife Unit Boundaries as defined in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065).

(e) Weapon: Any weapon legal for elk hunting as provided in OAR chapter 635, division 065.

(f) Number of tags: One.

(10) Statewide Elk Hunt #AH009.

(a) Bag Limit: One elk.

(b) Hunting Hours: As provided in OAR 635-065-0730.

(c) Open Season: September 1 through November 30.

(d) Open Area: Any area within Oregon Wildlife Unit Boundaries as defined in OAR chapter 635, division 080 (except federal refuges and specific area closures as defined in OAR chapter 635, division 065).

(e) Weapon: Any weapon legal for elk hunting as provided in OAR chapter 635, division 65.

(f) Number of tags: One.

Stat. Auth: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.232 & 496.242
Hist.: DFW 48-1998, f. & cert. ef. 6-22-98; DFW 40-2000, f. & cert. ef. 7-25-00; DFW 60-2002, f. & cert. ef. 6-11-02; DFW 68-2004, f. & cert. ef. 7-13-04; DFW 48-2006, f. & cert. ef. 6-21-06

635-090-0191

Emergency Seeding

(1) This section creates a special, fast-track review and approval process available to the Board for emergency seeding projects that address recent, wildfire-caused impacts to lands providing wildlife habitat. Notwithstanding any other rule, the Board may (at its discretion) process grant applications for such emergency projects using any or all of the special process elements provided by subsection (2) of this rule. However, the substantive standards provided in other rules shall still apply, with the addition of the special criteria specified in subsection (4) below.

(2) When processing an application for an emergency project, the Board may:

(a) Consult with the appropriate Regional Advisory Council in the most expeditious manner available (which may include fax, e-mail or telephone);

(b) Consider and vote on the application during a special meeting of the Board upon shorter notice than required for regular Board meetings; and

(c) Hold such a special Board meeting via telephone conference call.

(3) Any emergency grant application recommended by the Board through the special procedures provided by this rule shall be forwarded to the Director (rather than the Commission) for final funding decision. The Director shall act on such a recommendation within 7 working days of receipt.

(4) The Board shall apply the following special criteria to emergency grant applications, in addition to the general standards provided elsewhere in this division:

(a) The proposed project must be located entirely on private land;

(b) The project site must provide critical habitat for wildlife;

(c) The project must propose emergency seeding to benefit wildlife, and the seed mixture has been approved by the local ODFW district biologist;

(d) All equipment needed to complete the project is available; and

(e) The seeding can be completed in the timeframe required.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 496.232, 496.242
Stats. Implemented: ORS 496.012, 496.138. 496.146, 496.232, 496.242
Hist.: DFW 84-2006(Temp), f. & cert. ef. 8-9-06 thru 12-31-06

635-090-0200

Emergency Seeding

(1) This section creates a special, fast-track review and approval process available to the Board for emergency seeding projects that address recent, wildfire-caused impacts to lands providing wildlife habitat. Notwithstanding any other rule, the Board may (at its discretion) process grant applications for such emergency projects using any or all of the special process elements provided by subsection (2) of this rule. However, the substantive standards provided in other rules shall still apply, with the addition of the special criteria specified in subsection (4) below.

(2) When processing an application for an emergency project, the Board may:

(a) Consult with the appropriate Regional Advisory Council in the most expeditious manner available (which may include fax, e-mail or telephone);

(b) Consider and vote on the application during a special meeting of the Board upon shorter notice than required for regular Board meetings; and

(c) Hold such a special Board meeting via telephone conference call.

(3) Any emergency grant application recommended by the Board through the special procedures provided by this rule shall be forwarded to the Director (rather than the Commission) for final funding decision. The Director shall act on such a recommendation within 7 working days of receipt.

(4) The Board shall apply the following special criteria to emergency grant applications, in addition to the general standards provided elsewhere in this division:

(a) The proposed project must be located entirely on private land;

(b) The project site must provide critical habitat for wildlife;

(c) The project must propose emergency seeding to benefit wildlife, and the seed mixture has been approved by the local ODFW district biologist;

(d) All equipment needed to complete the project is available; and

(e) The seeding can be completed in the timeframe required.

Stat. Auth.: ORS 496.012, 496.138, 496.146, 496.232, 496.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.232, 496.242
Hist.: DFW 6-2007, f. & cert. ef. 1-18-07

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