Applicable Statutes and Rules to Proposed Revision of Dog Training and Dog Trials - Division 46

Transcription

1 Applicable Statutes and Rules to Proposed Revision of Dog Training and Dog Trials - Division 46 Oregon Revised Statutes (ORS) Notice, hearing and record in contested case; informal disposition; hearing officer; ex parte communications. (1) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice, served personally or by registered or certified mail Definitions. As used in the wildlife laws, unless the context requires otherwise: (10) "Hunt" means to take or attempt to take any wildlife by means involving the use of a weapon or with the assistance of any mammal or bird. (15) "Take" means to kill or obtain possession or control of any wildlife. (19) Wildlife means fish, shellfish, amphibians and reptiles, feral swine as defined by State Department of Agriculture rule, wild birds as defined by commission rule and other wild mammals as defined by commission rule. [1973 c.723 3; 1975 c.253 5; 1977 c.136 1; 1979 c.399 1; 1979 c.615 1a; 1985 c.60 7; 1987 c.686 1; 1991 c ; 1993 c.659 1; 1999 c.25 3; 2001 c.125 1; 2003 c.656 1; 2007 c.523 1; 2009 c.778 1] "Game bird" defined. As used in the wildlife laws, unless the context requires otherwise, "game bird" means: (1) Those members of the family Anatidae, commonly known as swans, geese, brant and river and sea ducks. (2) Those members of the family Columbidae, commonly known as mourning doves and bandtailed pigeons. (3) Those members of the family Tetranidae, commonly known as grouse, ptarmigan and prairie chickens. (4) Those members of the family Phasianidae, commonly known as pheasants, quail and partridge. (5) Those members of the family Meleagrididae, commonly known as wild turkey. (6) Those members of the family Scolopacidae, commonly known as snipe and woodcock. (7) Those members of the family Gruidae, commonly known as cranes.

2 (8) Those members of the family Rallidae, commonly known as rails, gallinules and coots. [1973 c.723 4] Wildlife policy. It is the policy of the State of Oregon that wildlife shall be managed to prevent serious depletion of any indigenous species and to provide the optimum recreational and aesthetic benefits for present and future generations of the citizens of this state. In furtherance of this policy, the State Fish and Wildlife Commission shall represent the public interest of the State of Oregon and implement the following coequal goals of wildlife management: (1) To maintain all species of wildlife at optimum levels. (2) To develop and manage the lands and waters of this state in a manner that will enhance the production and public enjoyment of wildlife. (3) To permit an orderly and equitable utilization of available wildlife. (4) To develop and maintain public access to the lands and waters of the state and the wildlife resources thereon. (5) To regulate wildlife populations and the public enjoyment of wildlife in a manner that is compatible with primary uses of the lands and waters of the state. (6) To provide optimum recreational benefits. (7) To make decisions that affect wildlife resources of the state for the benefit of the wildlife resources and to make decisions that allow for the best social, economic and recreational utilization of wildlife resources by all user groups. [1973 c.723 6; 1993 c.659 2; 2001 c.762 6] General license, tag and permit requirements; exemptions. (1) Except as provided in subsections (2), (3) and (4) of this section, no person shall angle for, hunt or trap, or assist another in angling for, hunting or trapping, any wildlife unless the person has in possession such valid licenses, tags and permits therefor as the State Fish and Wildlife Commission issues. (2) An angling license is not required: (a) Of a person younger than 14 years of age. However, each such person who angles for salmon, steelhead trout, sturgeon or halibut must have in possession a valid annual tag to angle for salmon, steelhead trout, sturgeon and halibut while so angling. (b) Of a resident person to angle on land owned by that person. However, each such person who angles for salmon, steelhead trout, sturgeon or halibut must have in possession a valid annual tag to angle for salmon, steelhead trout, sturgeon and halibut while so angling.

3 (c) Of a resident person to angle on land owned by a member of the person s immediate family and upon which the person resides. However, each such person who angles for salmon, steelhead trout, sturgeon or halibut must have in possession a valid annual tag to angle for salmon, steelhead trout, sturgeon and halibut while so angling. (d) Of a person to angle for or otherwise take smelt. (3) A hunting license is not required: (a) Of a person younger than 14 years of age to hunt wildlife, except those species for which a tag or permit is required by the wildlife laws or by any rule promulgated pursuant thereto. (b) Of a resident person to hunt wildlife, except those species of wildlife for which a tag or permit is required by the wildlife laws or by any rule promulgated pursuant thereto, on land upon which the person resides and is owned by the person or a member of the person s immediate family. (c) Of a person who holds a valid trapping license to take, by any means involving the use of a weapon, fur-bearing mammals during authorized trapping seasons or predators. (d) Of a person to take wildlife pursuant to ORS , notwithstanding any other provision of this subsection. (4) A trapping license is not required: (a) Of a resident person to trap fur-bearing mammals or predators, except those species for which a tag or permit is required by the wildlife laws or any rule promulgated pursuant thereto, on land upon which the person resides and is owned by the person or a member of the person s immediate family. (b) Of a person younger than 14 years of age to trap fur-bearing mammals or predators, except those species for which a tag or permit is required by the wildlife laws or by any rule promulgated pursuant thereto. (c) Of a person to trap wildlife that is not protected by the wildlife laws or the laws of the United States. [1973 c ; 1975 c.214 1; 1985 c.60 3; 1999 c ] Chasing or harassing wildlife prohibited. Except as the State Fish and Wildlife Commission by rule may provide otherwise, no person shall chase, harass, molest, worry or disturb any wildlife except while engaged in lawfully angling for, hunting or trapping such wildlife. [1973 c ] Removal of parts of wildlife and waste of wildlife prohibited. (1) No person shall remove from the carcass of any game mammal or game bird, the head, antlers, horns, hide or plumage, and utilize only those parts so removed, except:

4 (a) When engaged in lawful trapping activities. (b) When utilizing those game mammals or game birds that the State Fish and Wildlife Commission by rule declares to be inedible. (2) No person shall waste any edible portion of any game mammal, game bird or game fish or the pelt of any fur-bearing mammal. [1973 c ] Releasing domestically raised or imported wildlife without permit prohibited. No person shall release within this state any domestically raised wildlife or wildlife brought to this state from any place outside this state unless the person first obtains a permit therefor from the State Fish and Wildlife Commission. [1973 c ] Use of dogs to hunt or track game mammals or birds. (1) Any dog that is not wearing a collar with a license number thereon in compliance with ORS that is found unlawfully hunting, running or tracking any game mammal or game bird may be killed at such time by any person authorized to enforce the wildlife laws. (2) If a dog that is found unlawfully hunting, running or tracking any game mammal or game bird is wearing a collar with a license number thereon in compliance with ORS , the owner of the dog shall be notified by any person authorized to enforce the wildlife laws. If the owner or reputed owner of the dog disclaims ownership of the dog, the dog may be killed at such time by a person authorized to enforce the wildlife laws. (3) If the owner of a dog has been notified that the dog has been found unlawfully hunting, running or tracking game mammals or game birds and thereafter fails to prevent the dog from unlawfully hunting, running or tracking game mammals or game birds, such dog may be killed by any person authorized to enforce the wildlife laws. (4) No person shall permit any dog the person owns to unlawfully hunt, run or track any game mammal or game bird. [1973 c ] Competitive field trials for hunting dogs. Competitive field trials for hunting dogs may be held at such times and places and under such conditions as the State Fish and Wildlife Commission may prescribe by rule. [1973 c ] Use of live birds for competitive shooting prohibited. No person shall use any live bird as a target for the purpose of competitive shooting. [1973 c ]

5 OREGON ADMINISTRATIVE RULES (OAR) Harassment Defined for Dog Training For the purpose of this rule relating to dog training only, harassment means acts to frighten but not kill wildlife. Dog training is not considered harassment except during the months of April, May, June, and July, or at any time in unproductive wildlife habitat. Stat. Auth.: ORS 183 & ORS 496 Stats Implemented: ORS 183 & ORS 496 Hist.: FWC , f. & cert. ef Purpose (1) The purpose of these rules is to list definitions pursuant to hunting seasons for big game and game birds. (2) The documents entitled 20XX-20XX Oregon Game Bird Regulations, and "20XX Oregon Big Game Regulations", are incorporated by reference into these rules. These documents are available at hunting license vendors and regional, district and headquarters offices of the Oregon Department of Fish and Wildlife Statutory Authority: ORS , , , Stats Implemented: ORS , , , Hist: adopted , ef. upon filing Definitions (33) "Game Birds" are any waterfowl, snipe, band-tailed pigeon, dove, pheasant, quail, partridge, grouse, or wild turkey. (37) "Hunt" means to take or attempt to take any wildlife by means involving the use of a weapon or with the assistance of any mammal or bird. (55) "Protected wildlife" means "game mammals" as defined in OAR (34) "game birds" as defined in (33), "furbearers" as defined in (32), "threatened and endangered species" as defined in , and "nongame wildlife protected" as defined in (56) "Pursue" means the act of trailing, tracking, or chasing wildlife in an attempt to locate, capture, catch, tree, or kill any game mammal or furbearer. (69) "Take" means to kill or obtain possession or control of any wildlife. (72) "Unprotected Mammals and Birds" are European starling, house sparrow, rock pigeon and any mammal species for which there are no closed seasons or bag limits. (76) "Waste" means to allow any edible portion of any game mammal (except cougar) or game bird to be rendered unfit for human consumption, or, to fail to retrieve edible portions, except internal organs, of such game mammals or game birds from the field. Entrails, including the heart and liver, are not considered edible.

6 Permit Required A permit from the Department of Fish and Wildlife is required to hold a competitive dog trial during that period from April 1 through August 14 or when domestically raised or captive wildlife is released Permit Not Required No permit from the Department of Fish and Wildlife is required to hold a competitive dog trial during that period from August 15 through March 31 except when domestically raised or captive wildlife is released Requirements for Permit Applications for a Competitive Dog Trial Permit must be submitted by letter at least two weeks before the scheduled trial to the Oregon Department of Fish and Wildlife, 3406 Cherry Ave NE, Salem, OR and include the following information: (1) Dates of trial. (2) Location of trial. (3) Type and approximate number of dogs entered. (4) Species and numbers of wildlife to be released. No permit will be issued in an area which is important for game bird or game mammal production Use of Live Birds Privately owned game birds may be used during a competitive dog trial but must be marked either by removing the end joint of the outer right toe at the time of hatching or with the metal seal of the Department of Fish and Wildlife. Private Hunting Preserve Rules Marking of Birds All privately owned game birds to be released must be premarked in a manner prescribed by the Department: (1) All game birds reared for release upon hunting preserves shall be identified by a healed toe mark or be marked with a plastic poultry band or marked by a nasal scar. A nasal scar is a permanent deformity caused by an anti pecking device. For a healed toe mark, the terminal joint, including the entire toenail, shall be clipped from the outside of the right foot of each chick. (2) In the event that an operator acquires birds that have not been marked, they shall be banded prior to release by the operator with plastic poultry bands or other bands approved by the Department General Furbearer Regulations The following general regulations apply to furbearer seasons:

7 (6) Use of dogs is permitted to hunt or pursue bobcat, raccoon, fox, and unprotected mammals except in game bird nesting habitat during April, May, June or July, except as authorized by the Fish and Wildlife Commission (2) The document entitled Oregon Game Bird Regulations, is incorporated by reference into these rules. [Page 11] No person shall: Permit dogs to run at large or train dogs in game bird nesting habitat during the months of Apr.-Jul., except as authorized by the Fish & Wildlife Commission. [Publications: Publications referenced are available from the agency.] Definition of "Wild Birds" and "Wild Mammals" This rule governs all Commission Rules using the terms "wild birds" or "wild mammals," pursuant to SB 804, (Oregon Laws 2007). The purpose of this rule is to clarify the scope of the term "wildlife," which according to statute includes (among other things) "wild mammals" and "wild birds." "Wildlife" is the term used in many statutes describing the regulatory authority of the Fish and Wildlife Commission. The intent of this rule is to include as "wild mammals" and "wild birds" all species which, if viewed globally, typically exist in a wild state. Note that other statutes governing the authority of other agencies may use terms that (in some circumstances) may overlap with the Commission's authority over "wildlife." For example, the Department of Agriculture has the authority to regulate the private holding of "exotic" animals, some of which otherwise qualify as "wildlife" (and which the Commission otherwise is in charge of regulating). Therefore, the reader is cautioned to note distinctions in how Oregon law uses different terms regarding wild animals. (1) "Wild mammals" means all mammals except: (a) Alpaca -- Lama pacos; (b) Ass, Burro, Donkey -- Equus asinus; (c) Bison -- Bison bison; (d) Camel -- Camelus bactrianus and C. dromedarius; (e) Cat (all domestic breeds) -- Felis catus; (f) Cattle and Yak -- Bos species; (g) Chinchilla -- Chinchilla laniger; (h) Dog (all domestic breeds) -- Canis familiaris; (i) European Rabbit -- Oryctolagus cuniculus; (j) Ferret -- Mustela putorius; (k) Gerbil -- Meriones unguiculatus; (l) Goat -- Capra hircus; (m) Gaunaco -- Lama guanicoe; (n) Guinea pig -- Cavia porcellus; (o) Hamster -- Mesocricetus auratus; (p) Horse -- Equus caballus; (q) Llama -- Lama glama; (r) Mouse (House mouse) -- Mus musculus;

8 (s) Mule and Hinny -- Equus asinus x E. caballus; (t) Rat -- Rattus norvegicus and R. rattus; (u) Sheep -- Ovis aries and hybrids of O. aries with O. musimon, hybrids of O. aries with Ammotragus lervia, and hybrids of O. aries with Pseudois nayaur. (v) Swine, domestic pig Sus scrofa domestica (includes pot-bellied pigs); (w) Vicuña Vicugna vicugna. (2) "Wild birds" means all birds except: (a) Cassowary Casuarius species; (b) Chicken Gallus gallus; (c) Ducks and Geese (morphologically distinct from wild waterfowl; except (Egyptian geese and Mute swans); (d) Emu -- Dromaius novaehollandiae; (e) Guinea fowl -- Numida meleagris; (f) Ostrich -- Struthio camelus; (g) Parrots, Parakeets, Lories, and Cockatoos Psittaciformes (All species); (h) Peafowl -- Pavo cristatus; (i) Pigeon or Rock dove -- Columba livia; (j) Rhea -- Rhea americana and R. pennata; (k) Turkey (morphologically distinct from wild turkey) -- Meleagris gallopavo. Stat. Auth.: ORS: , , , , Stats Implemented: ORS (19), ; , , , , SB 804 (OL 2007, ch. 523) Hist.: DFW , f. & cert. ef Adopted November 2007 CODE OF FEDERAL REGULATIONS Permit exceptions for captive-reared mallard ducks. Captive-reared and properly marked mallard ducks, alive or dead, or their eggs may be acquired, possessed, sold, traded, donated, transported, and disposed of by any person without a permit, subject to the following conditions, restrictions, and requirements: (a) Nothing in this section shall be construed to permit the taking of live mallard ducks or their eggs from the wild. (b) All mallard ducks possessed in captivity, without a permit, shall have been physically marked by at least one of the following methods prior to 6 weeks of age and all such ducks hatched, reared, and retained in captivity thereafter shall be so marked prior to reaching 6 weeks of age. (1) Removal of the hind toe from the right foot. (2) Pinioning of a wing: Provided, That this method shall be the removal of the metacarpal bones of one wing or a portion of the metacarpal bones which renders the bird permanently incapable of flight. (3) Banding of one metatarsus with a seamless metal band. (4) Tattooing of a readily discernible number or letter or combination thereof on the web of one foot. (c) When so marked, such live birds may be disposed of to, or acquired from, any person and possessed and transferred in any number at any time or place: Provided, That all such

9 birds shall be physically marked prior to sale or disposal regardless of whether or not they have attained 6 weeks of age. (d) When so marked, such live birds may be killed, in any number, at any time or place, by any means except shooting. Such birds may be killed by shooting only in accordance with all applicable hunting regulations governing the taking of mallard ducks from the wild: Provided, That such birds may be killed by shooting, in any number, at any time, within the confines of any premises operated as a shooting preserve under State license, permit, or authorization; or they may be shot, in any number, at any time or place, by any person for bona fide dog training or field trial purposes: Provided further, That the provisions: (1) The hunting regulations (part 20 of this subchapter), with the exception of (Nontoxic shot zones), and (2) The Migratory Bird Hunting Stamp Act (duck stamp requirement) shall not apply to shooting preserve operations as provided for in this paragraph, or to bona fide dog training or field trial operations. (e) At all times during possession, transportation, and storage until the raw carcasses of such birds are finally processed immediately prior to cooking, smoking, or canning, the marked foot or wing must remain attached to each carcass: Provided, That persons, who operate game farms or shooting preserves under a State license, permit, or authorization for such activities, may remove the marked foot or wing when either the number of his State license, permit, or authorization has first been legibly stamped in ink on the back of each carcass and on the container in which each carcass is maintained, or each carcass is identified by a State band on leg or wing pursuant to requirements of his State license, permit, or authorization. When properly marked, such carcasses may be disposed of to, or acquired from, any person and possessed and transported in any number at any time or place. [40 FR 28459, July 7, 1975, as amended at 46 FR 42680, Aug. 24, 1981; 54 FR 36798, Sept. 5, 1989]