Oregon Department of Fish and Wildlife Regulations Concerning Captive Wildlife |
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The Extra-Short Version: TL;DR
Don't put more than two rough-skinned newts in a bucket. Don't keep 'em longer than 48 hours. Treat them well and keep them healthy.
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The Medium Version: How This Applies to Outdoor School
Macroinvertebrates appear nowhere in this document.
It's OK to keep macroinvertebrates in any quantity for the purposes of critter catch and microscopes. It's still probably not a good idea to keep them longer than 48 hours. Protected Wildlife Don't Keep At All (in tubs, boxes, cages, pens, sleeping bags, dining halls, or your hands longer than a minute or two)
Capture and Holding of Wildlife You pretty much need a permit for everything. Permit Required to Hold Wildlife Yep. Pretty much everything. Holding of Live Black Bear, Cougar, Bobcat, Wolf, Raccoon, and Skunk Even these ones? C'mon, a bear? Can't I keep a bear in my cabin without a permit? A small one? Please? Nope. Grandfathering the Possession of Black Bear, Cougar, Bobcat, Wolf, Raccoon, Skunk, Squirrel, Chipmunk and Other Legally Held Non-game Wildlife Species But what if I already had a bear? I mean I've had it in my cabin for, like, years... You need a permit for that. Also one from Pheff. Good luck getting a permit from Pheff. Holding of Nongame Wildlife Don't keep more than 2 of a species at a time. The following species are sufficiently widespread, and as long as you have 2 or fewer of them, you don't need a permit, so capture away:
You have to keep them until they die. Sad trombone. Cost and Expiration Date, and Changes to a Wildlife Holding Permit If you get a permit for that bear, you better keep your paperwork up to date. Requirements for Care of Wildlife Held in Captivity
Inspection of Facilities Your critter catch tub is subject to inspection by any State Police officer or ODFW representative. Ownership of Captured Wildlife Held in Captivity Native wildlife belongs to Oregon. Your rough-skinned newt is an Oregonian 4 Lyfe. Possession of Coyote Prohibited Without Permit No coyotes. Not even once. License Required to Propagate Wildlife The newts know how to mate all on their own. They don't need (or want) your help. Shipping Requirements No, you cannot sell the newts on eBay. Record Keeping and Reporting Requirements for Wildlife Holding and Propagation If, somehow, you manage to procure a newt-mating-license, you must report all births, deaths, marriages, divorces, annulments, and adoptions. Cancellation and Non-Renewal of Wildlife Propagation License or Wildlife Holding or Wolf Holding Permit Keep your paperwork in order, or the ODFW will confiscate and eat your entire newt family. Even the adopted ones. Disposition of wildlife upon license suspension, revocation, nonrenewal or denial Seriously. They'll eat the newts, or "humanely euthanize" them or whatever. Other options include deportation. Your newts will no longer be Oregonians 4 Lyfe. Control of Disease Outbreaks in Captive Wildlife If your newts contract Zombieism, you will be responsible for eating them yourself. If you don't, the ODFW will do it for you, but they'll charge you for it. |
The Long Version: Full Text of Proposed Oregon Department of Fish and Wildlife Regulations
DIVISION 44, NEW DIVISION TITLE: PROTECTED WILDLIFE, HOLDING, AND PROPAGATING RULES
PROTECTED WILDLIFE, HOLDING, AND PROPAGATING RULES
The purpose of these rules is to the identify the species of wildlife that are protected , wildlife that may be held, conditions for holding, and regulate the propagation of game birds and other native wildlife except those cervids regulated by OAR chapter 635, division 49.
Stat. Auth.: ORS 496.004, 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222 & 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222 & 498.242
635-044-0002
Taxonomy
(1) Scientific taxonomic nomenclature reflects the following:
(a) Fish:
(A) Nelson, J. S., E. J. Crossman, H. Espinosa-Perez, L. T. Findley, C. R. Gilbert, R. N. Lea, and J. D. Williams. 2004.
Common and scientific names of fishes from the United States, Canada, and Mexico.
American Fisheries Society, Special Publication 29, Bethesda, Maryland.
(B) Moyle, P. B. 2002. Inland fishes of California. Revised and expanded. University of California Press. Berkeley, California.
(C) Jelks, H.L., S.J. Walsh, N.M. Burkhead, S. Contreras-Balders, E. Diaz-Pardo, D.A. Hendrickson, J. Lyons, N.E. Mandrak,
F. McCormick J. S. Nelson, S. P. Platania, B. A. Porter, C.B. Renaud, J.J. Schmitter-Soto, E. B. Taylor, and M. L. Warren, Jr. 2008.
Conservation status of imperiled North American freshwater and diadromous fishes. Fisheries. 33(8): 372-407.
(b) Amphibians and reptiles -- Crother, B. I., editor. Scientific and standard English names of amphibians and reptiles of North America
north of Mexico, with comments regarding confidence in our understanding. 7th Edition. Society for the Study of Amphibians
and Reptiles, Herpetological Circular No. 37
(c) Birds -- Marshall, D.B., M.G. Hunter, A.L. Contreras, editors. 2003. Birds of Oregon: A General Reference. Oregon State University
Press. Corvallis, Oregon
(d) Mammals -- Wilson, D. E. and D. M. Reeder, editors. 2005. Mammal species of the world; a taxonomic and geographic reference.
3rd Edition. Johns Hopkins University Press.
(2) If the taxonomic status of individual species is changed through subsequent publications, scientific taxonomy shall remain as cited in
635-044-0002(1) and 635-044-0005 for the purposes of implementing and enforcing 635-044-0000 through 635-044-0085.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
635-044-0003
Definition of Terms
(1) "AZA" means the Association of Zoos and Aquariums.
(2) “AVMA” means the American Veterinary Medical Association.
(3) "Department" means Oregon Department of Fish and Wildlife.
(4) "Endangered species" means those species defined in ORS 496.004(6).
(5) “Facility” means any building, structure, cage, pen that wildlife may be kept, fed, exercised, held during any portion of its life stages.
(6) “Grandfathering” means, for the purpose of these rules, that a person who possessed legally held native wildlife prior to the date
the Commission adopts these amended rules (April 24, 2015), may continue to hold the animal(s) for the life of said animal(s)
within the provisions of the amended rules.
(7) "Hold" means any form of possession or control of a live animal, gamete, or hybrid thereof
(8) "Hybrid" means any animal, gamete or egg that is produced by crossing at least one wild individual of a species with any other
species or subspecies.
(9) "Import/importation" means to bring or cause live wildlife to be transported into Oregon by any means.
(10) "Migratory bird" means any bird, whatever its origin and whether or not raised in captivity, which belongs to a species listed in
U.S. 50CFR§10.13, including any part, nest, or egg of any such bird. Birds listed under OAR 635-057-0000 are not included.
(11) “Native” means indigenous to Oregon, not introduced ORS 496.171 (2).
(12) “Nongame wildlife” as defined in ORS 496.375.
(13) “Pedigree” means the record of descent of an animal identifying its ancestry and genetic linage.
(14) “Permittee” means the person who holds a valid Wildlife Holding Permit or Propagation License issued by the Department.
(15) “Propagation” is the breeding, reproduction, production, incubation, or rearing of wildlife by a human for sale, release, or other uses.
(16) "Public display" means to place or locate wildlife so that it may be viewed by the public directly or electronically.
(17) "Release" is permitting any legally collected wildlife, domestically raised or imported wildlife currently or previously in possession
to exist alive outside an approved holding or propagation facility.
(18) "Sensitive species" means those wildlife species, subspecies, or populations that are facing one or more threats to their populations,
habitat quantity or habitat quality or that are subject to a decline in number of sufficient magnitude such that they may become eligible
for listing on the state Threatened and Endangered Species List .
(19) "Species" means a unit of classification of animals which are capable of interbreeding and producing fertile offspring.
(20) “Take” means to kill or obtain possession or control of any wildlife (ORS 496.004 (16))
(21) "Threatened species" means those species defined in ORS 496.004 (17).
(22) "USFWS" means U.S. Fish and Wildlife Service.
(23) "Wildlife” means those species defined in ORS 496.004 (19).
Stat. Auth.: ORS 496, 496.390, 498.002
Stats. Implemented: ORS 496
635-044-0005
Protected Wildlife
(1) Except as provided by ORS and OAR 635-044-0010, 635-044-0020, 635-044-0030, 635-062, 635 -050, 635-056, 635-200-0040;
it is unlawful for any person to take, capture, hold, or have in possession, either dead or alive, whole or in part, any wildlife listed in this
section:
(a) Threatened or Endangered animals as provided for in 635-100-0125 and species listed by ORBIC as “rare, threatened or
endangered” or federal threatened and endangered listed species; or
(b) Non-threatened or non-endangered migratory nongame birds (unless as authorized by a Migratory Bird Depredation Order), or in
compliance with all terms and conditions of a Migratory Bird Depredation Permit issued by the United States Fish and Wildlife Service
under Title 50 Code of Federal Regulations Part 21, Subpart D. Nothing in this rule is intended to affect the provisions of
ORS 610.002 to 610.990, or
(c) Pacific Lamprey (Entosphenus tridentatus) only as authorized by a federally-recognized Indian tribe to which the Commission has
issued a permit authorizing that tribe to allow its members to take Pacific Lamprey at Willamette Falls for personal use, with a tribal
enrollment card in possession, within seasons and subject to conditions established by the
(d) Fish: (Protected wildlife are listed by common name and scientific name if consistently applied across taxonomic references):
(A) Alvord Lake chub (Siphateles alvordensis);
(B) Oregon lakes tui chub (Siphateles bicolor oregonensis);
(C) Sheldon tui chub (Siphateles bicolor eurysomus);
(D) Oregon chub (Oregonichthys crameri);
(E) Goose Lake tui chub (Siphateles bicolor thalassinus);
(F) Northern pit roach (Hesperoleucus symmetricus mitrulus);
(G) Millicoma longnose dace (Rhinichthys cataractae ssp.);
(H) Lahonton redside shiner (Richardsonius egregius);
(I) Goose Lake sucker (Catostomus occidentalis lacusanserinus);
(J) Klamath smallscale sucker, Jenny Creek population (Catostomus rimiculus);
(K) Tahoe sucker (Catostomus tahoensis);
(L) Malheur sculpin (Cottus bendirei );
(M) Margined sculpin (Cottus marginatus);
(N) Pit sculpin (Cottus pitensis);
(O) Pacific lamprey (Entosphenus tridentatus);
(P) Western river lamprey (Lampetra ayresii);
(Q) Western brook lamprey (Lampetra richardsoni);
(R) Miller Lake lamprey (Entosphenus minimus);
(S) Klamath River lamprey (Entosphenus similis);
(T) Pit-Klamath brook lamprey (Entosphenus lethophagus);
(U) Goose Lake lamprey (Entosphenus spp.);
(e) Amphibians:
(A) Cope's giant salamander (Dicamptodon copei);
(B) Clouded salamander (Aneides ferreus);
(C) Black salamander (Aneides flavipunctatus);
(D) California slender salamander (Batrachoseps attenuatus);
(E) Oregon slender salamander (Batrachoseps wrightorum);
(F) Del Norte salamander (Plethodon elongatus);
(G) Larch Mountain salamander (Plethodon larselli);
(H) Siskiyou Mountains salamander (Plethodon stormi);
(I) Blotched tiger salamander (Ambystoma mavortium melanostictum);
(J) Dunn’s salamander (Plethodon dunni)
(K) Southern torrent salamander (Rhyacotriton variegatus);
(L) Columbia torrent salamander (Rhyacotriton kezeri);
(M) Cascade torrent salamander (Rhyacotriton cascadae);
(N) Crater lake Newt (Taricha granulosa mazamae)
(O) Rocky Mountain tailed frog (Ascaphus montanus)
(P) Coastal tailed frog (Ascaphus truei);
(Q) Northern red-legged frog (Rana aurora);
(R) Foothill yellow-legged frog (Rana boylii);
(S) Cascades frog (Rana cascadae);
(T) Northern leopard frog (Lithobates pipiens);
(U) Columbia spotted frog (Rana luteiventris)
(V) Oregon spotted frog (Rana pretiosa);
(W) Western toad (Bufo boreas);
(X) Woodhouse toad (Anaxyrus woodhousii);
(f) Reptiles
(A) Western painted turtle (Chrysemys picta bellii);
(B) Western pond turtle (Actinemys marmorata);
(C) Great Basin collared lizard (Crotaphytus bicinctores)
(D) Long-nosed leopard lizard (Gambelia wislizenii);
(E) Pygmy short-horned lizard (Phyrnosoma douglassi);
(F) Desert horned lizard (Phrynosoma platyrhinos);
(G) Sharp-tailed snake (Contia tenuis);
(H) Common kingsnake (Lampropeltis getula);
(I) California mountain kingsnake (Lampropeltis zonata);
(J) Western ground snake (Sonora semiannulata);
(K) Racer (Coluber constrictor)
(L) Rubber boa (Charina bottae)
(M) Night snake (Hypsiglena chlorophaea)
(N) Striped Whip snake (Coluber taeniatus)
(O) Ring-necked snake (Diadophis punctatus)
(g) Birds: All nongame birds except European starling (Sturnus vulgaris), house sparrow (Passer domesticus),
and Eurasian collared-dove (Streptopelia decaocto).
(h) Mammals:
(A) All bats in the Order Chiroptera;
(B) American pika (cony) (Ochotona princeps);
(C) Pygmy rabbit (Brachylagus idahoensis);
(D) White-tailed jack rabbit (Lepus townsendii);
(E) Chipmunk (Tamias amoenus, T. minimus., T. senex, T. siskiyou and T. townsendii);
(F) Golden-mantled ground squirrel (Spermophilus lateralis);
(G) Chickaree or red squirrel (Tamiasciurus. hudsonicus);
(H) White-tailed antelope squirrel (Ammospermophilus leucurus);
(I) Northern flying squirrel (Glaucomys sabrinus);
(J) White-footed vole (Arborimus albipes);
(K) Ringtail (Bassariscus astutus);
(L) Fisher (Martes pennanti);
(M) All marine mammals.
(2) Notwithstanding section (1) of this rule, it shall be lawful to purchase, sell, or exchange, or have in possession any pelt of wildlife
listed therein which was lawfully taken in another state and transported into Oregon. A bill of lading or freight bill from a common
carrier or other documentary proof indicating the state of origin of the pelt and the name and address of the person from whom the
pelt was received shall be sufficient.
Stat. Auth.: ORS 496.138, 496.146, 496.162, 498.012 & 506.119
Stats. Implemented: ORS 496.162 & 506.129
635-044-0010
Capture and Holding of Wildlife
Wildlife may not be captured from the wild and/or held unless authorized by the Director or after acquiring:
(1) Wildlife Holding Permit (635-044-0020 (1) and 635-044-0030);
(2) Wolf Holding Permit (635-044-0020 (6)
(3) Wildlife Propagation License (635-044-0060(1)) including select native and game bird species as defined in 635-045-0002
(34) of the families Columbidae, Anatidae, Tetraonidae, Phasianidae and Odontophoridae or other wildlife species approved by the Director.
(4) Falconry License (OAR 635-055-0010);
(5) Wildlife Rehabilitation Permit (OAR 635-062-0010);
(6) Scientific Taking Permit (OAR 635-043-0023);
(7) Game Bird Release Permit for Hunting Dog and Raptor Training and Competitive Hunting Dog Trial Permit (applicable to common
pheasant (all races of Phasianus colchicus); California (valley), bobwhite and Coturnix quail; Hungarian (gray), chukar, and
red-legged partridge; or mallards as defined in OAR 635 Division 046.
(8) Hunting Preserve License (pheasants, quail, and partridge) defined in 635 -047-0015
(9) Holding and Propagation Captive Cervid permits as defined in OAR 635, Division 049;
(10) Federal Wildlife Permit (Form 3-200). A federal permit will serve in lieu of a state Wildlife Holding Permit for birds protected by
the federal Migratory Bird Treaty;
(11) Fox (Vulpes vulpes or Urocyon cinereoargenteus) or mink (Mustela vison) may be held by a commercial fur farm under authority of
the Oregon Department of Agriculture (ORS 596.010 (3); 609.125; 596.020 (2)).
(12) Fish Transport Permit (OAR 635-0007-0600);
(13) Fish Propagation License (OAR 635-007-0650);
(14) Sturgeon Propagation Permit (OAR 635-007-0725);
(15) Scientific Taking Permit (OAR 635-007-0900);
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.002, 498.022, 498.029, 498.052, 498.222 & 498.242 , 596.010, 596.020, 609.125;
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
635-044-0015
Permit Required to Hold Wildlife
(1) Captured and held nongame wildlife species listed in 635-044-0030 require a Wildlife Holding Permit when more than two (2)
animals per species are held or unless authorized under a permit listed in 635-044-0010.
(2) Wildlife Holding Permits are specific to the species held, permit holder and to the holding facility described on the permit.
(3) Wildlife legally held and defined under 635-044-0020 and 635-044-0 025 requires a Wildlife Holding or Wolf Holding Permit.
(4) Certify to the Department that the Wildlife Holding permittee’s species held complies with any applicable city or county ordinances
and any applicable federal laws.
(5) No Wildlife Holding Permit is required to hold:
(a) game bird species legally acquired and held under a Wildlife Propagation License;
(b) captive or farmed cervids held under a Cervid Holding Permit or a Cervid Propagation License (OAR chapter 635 division 49);
(c) game birds legally acquired from a licensed propagator or with a valid import permit from the Oregon Department of Agriculture;
(d) fox or mink propagated on a commercial fur farm;
(e) game fish legally acquired and possessed with a valid Fish Transport Permit.
(6) Cancelation or non-renewal of licenses or permits and contested case procedure is defined in 635-044-0075.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
635-044-0020
Holding of Live Black Bear (Ursus americanus), Cougar (Puma concolor), Bobcat (Lynx rufus), Wolf (Canis lupus), Raccoon (Procyon lotor) and Skunk (Mephitis spp.)
(1) Black bear, cougar, bobcat, wolves, raccoon and skunk held in captivity require a Wildlife or Wolf Holding Permit for each species held.
(2) Black bears, cougars, bobcats, wolves, raccoons and skunks acquired by transfer or new holding application, and following adoption of
these revised rules (March 18, 2016), shall only be held at Oregon AZA accredited facilities or as approved by the Director.
(3) Black bears, cougars, bobcats, wolves, raccoons and skunks held legally prior to the adoption of these rules may only be held at AZA
accredited facilities or in Department approved facilities meeting standards defined in the Oregon Enclosure and Caging Standards
for Holding Wildlife (Exhibit 1). The facilities housing legally acquired black bear, cougar, bobcats, wolves, raccoons and skunks must
meet the minimum facility standards defined herein within one year following the adoption of these rules.
(a) No more than one black bear, one cougar, and one bobcat may be held on a Wildlife Holding Permit unless approved by the Director.
(b) No more than two raccoons, two skunks, or two wolves may be held on a Wildlife Holding Permit without approval by the Director.
(c) Black bears, cougars, bobcats, wolves, raccoons and skunks must be marked permanently with either a lip tattoo and/or implanted
Radio Frequency Identification Device (RFID). Holders of grandfathered animals, as defined in 635-044-0025, shall meet
the documentation requirements within one year from the adoption of these revised rules (March 18, 2016).
(d) Live black bears, cougars, bobcats, wolves, raccoons, and skunks shall not be removed from the wild with the exception of animals
captured and placed by the Department in an AZA accredited facility, or in an approved licensed Wildlife Rehabilitation facility,
or under a Scientific Taking Permit (OAR 635-043-0023) or as nuisance wildlife captured by permit (OAR 635 Div. 435) or as
approved by the Director.
(e) Black bears, cougars, bobcats, wolves, raccoons, and skunks held on a Wildlife Holding Permit cannot be bred, reproduced, or
propagated in Oregon, including grandfathered animals.
(f) Black bears, cougars, bobcats, wolves, raccoons and skunks may only be transferred between valid Wildlife Holding or Wolf Holding
permittees with prior approval by the Director.
(g) Black bears, cougars, bobcats, wolves, raccoons and skunks must be held within facilities approved by the Department, except when:
(A) transported to or from licensed Oregon veterinary clinics or other ODFW-approved facilities;
(B) or on public display by a USDA class A, B or C license holder.
(h) Application renewals must include a description of permanent animal identification mark and mark location, and veterinary
documentation of reproductive sterilization if required.
(A) No access or contact shall occur between wild animals and captive black bear, cougar, bobcats, wolves, raccoons and skunks or
other wildlife held on a Wildlife Holding Permit.
(4) The burden of proof of the hybridity of a bobcat-cross or wolf-cross animal is the responsibility of the animal owner. A wolf is considered
“pure-bred” when the animal’s genetic and phenotypic makeup does not include any genetic material or characteristics of a domestic
dog or other canine, resulting in a hybrid. Documentation in the form of breeding evidence by pedigree and record, records of acquisition
and disposition, transactions, and sworn statements, will be required of all bobcats and wolves claimed to be hybrids and genetic testing
may be conducted by the Department. Lack of sufficient proof of hybridity as determined by the Department will genetically classify the
animal as a bobcat or wolf requiring a Wildlife Holding Permit or Wolf Holding Permit and regulation under the conditions of these rules.
(5) Raccoons and Skunks
(a) Two or more held raccoons or skunks of different sexes requires sterilization of either sex to prevent propagation prior to sexual
maturity and within (30) days of permit issuance for adult animals with documented certification by a licensed veterinarian.
(b) Held raccoons and skunks must be caged or restrained when transported beyond the permitted facility.
(6) Gray Wolf or Wolves in Captivity
(a) The Department will only issue new permits to hold a pure-bred wolf in captivity to AZA accredited facilities and no new animals
may be added to grandfathered collections without approval by the Director.
(b) To maintain the authority to hold one or more pure-bred gray wolves in captivity, a person described in 635-044-0025 (2) must:
(A) No later than 30 days before the expiration date printed on the permit issued by the Department:
(I) Apply to the Department for an annual Wolf Holding Permit that may include conditions designed to protect native
wildlife and human safety;
(II) Remit to the Department a fee of $100 (plus a $2.00 license agent fee) for the permit or permit renewal; and
(III) Demonstrate to the Department that the person’s wolf handling facility complies with any applicable city or county
ordinances and any applicable federal laws.
(c) Current holders of captive wolves must:
(A) Not import, export, purchase, sell or exchange any pure-bred gray wolf except with written authorization from the Department
prior to transferring a pure-bred gray wolf to another facility; and
(B) Comply with the terms of any permit issued by the Department.
(d)The permit holder must provide a copy of their current federal permits to the department with their Wildlife Holding Permit application
or renewal.
Stat. Auth.: ORS 498.002, 497.228, 496.171 - 182
Stats. Implemented: ORS 498.002, 497.228, 496.171 - 182
635-044-0025
Grandfathering the Possession of Black Bear, Cougar, Bobcat, Wolf, Raccoon, Skunk, Squirrel, Chipmunk and Other Legally Held Non-game Wildlife Species
(1) A person who legally possessed native wildlife (black bear, cougar, bobcat, wolf, raccoon, skunk, squirrel, chipmunk) or other legally held
species prior to the time the Commission adopts the amended rules may continue to hold said animal(s) for the remainder of the animal(s)
life provided:
(a) The holder submits an application for an annual Holding Permit (Wildlife or Wolf), pays the associated fees, and secures a Holding Permit
within a one year of the adoption of these amended rules.
(b) Grandfathered animals are held in Department approved facilities meeting standards defined in the Oregon Enclosure and Caging
Standards for Holding Wildlife(Exhibit 1). The facilities housing legally acquired Grandfathered Black Bear, Cougar, Bobcat, Wolves,
Raccoon, Skunk, Squirrel, Chipmunk and Other Legally Held Non-game Species, must meet the minimum facility standards defined
herein within one year following the adoption of these rules.
(c) Grandfathered bears, cougars, bobcats, wolves, raccoons, skunks, squirrels, and chipmunks must have been acquired from a legally
propagated out-of-state source or legally acquired with approved documentation that may include a valid sales receipt, Certificate of
Veterinary Inspection with import permit from Department of Agriculture, valid agency transfer of ownership permit identifying the
animal was propagated and born in legal captivity, or as approved by the Director. A signed and notarized affidavit stating the
grandfathered animal (s) were legally acquired and held in compliance with these rules will be required of all permit holders of
grandfathered animals.
(d) Grandfathered animals may not be bred. Two or more held grandfathered animals of the same species of different sexes requires
sterilization of either sex to prevent propagation prior to sexual maturity and within (30) days of permit issuance with documented
certification by a licensed veterinarian.
(2) The only person(s) who may hold pure-bred wolves in captivity are those who, as of December 31, 2009, held a gray wolf or wolves in
captivity under previous Oregon Department of Agriculture, Class I Exotic Canine, Exotic Animal Division 603 Rules or held a valid
license or registration from the U.S. Department of Agriculture, under the federal Animal Welfare Act of 1970. These persons may hold
only gray wolves, and only if they obtain authority under the requirements of 635-044-0020(6) of this rule.
(3) Grandfathered black bears, cougars, bobcats, wolves, raccoons, and skunks may only be transferred from the original Wildlife or Wolf
Holding Permit to an AZA accredited facility or as approved by the Director.
Stat. Auth.: ORS 498.002, 496.171 - 182
Stats. Implemented: ORS 498.002, 496.171 - 182
635-044-0030
Holding of Nongame Wildlife
1) Native nongame wildlife or their parts or products may not be sold or live animals propagated. Only nongame species from the following
list are permitted to be held. A Wildlife Holding Permit is required to hold more than two animals per species for each facility or
household. The following list of species is determined to be demonstrably widespread, abundant, and secure through the Oregon
Biodiversity Information Center (ORBIC) 2013 -- Rare, Threatened and Endangered Vertebrate Species of Oregon, Updated
September 2013:
(a) Amphibians
(A) Northwestern Salamander (Ambystoma gracile)
(B) Long-toed Salamander (Ambystoma macrodacytlum)
(C) Coastal Giant Salamander (Dicamptodon tenebrosus)
(D) Ensatina (Ensatina eschscholtzii)
(E) Western Red-Backed Salamander (Plethodon vehiculum)
(F) Rough-Skinned Newt (Taricha granulosa)
(G)Pacific Treefrog or Pacific Chorus Frog (Pseudacris regilla)
(H)Great Basin Spadefoot (Spea intermontana)
(b) Reptiles
(A) Great Basin Whiptail (Aspidoscelis tigris tigris)
(B) Northern Alligator Lizard (Elgaria coerulea)
(C) Southern Alligator Lizard (Elgaria multicarinata)
(D) Western Skink (Plestiodon skiltonianus)
(E) Northern Sagebrush Lizard (Sceloporus graciosus graciosus)
(F) Western Fence Lizard (Sceloporus occidentalis)
(G)Common Side-Blotched Lizard (Uta stansburiana)
(H)Western Rattlesnake (Crotalus oreganus): excluding Willamette Valley populations
(I) Pacific Gopher Snake (Pituophis catenifer)
(J) Western Terrestrial Garter Snake (Thamnophis elegans)
(K) Northwestern Garter Snake (Thamnophis sirtalis)
(c) Mammals
(A) North American Porcupine (Erethizon dorsatum)
(B) Long-Tailed Vole (Microtus longicaudus)
(C) Montane Vole (Microtus montanus)
(D) Ermine (Mustela erminea)
(E) Long-Tailed Weasel (Mustela frenata)
(F) Bushy-Tailed Woodrat (Neotoma cinerea)
(G)Deer Mouse (Peromyscus maniculatus)
(H)Coast Mole (Scapanus Orarius)
(I) California Ground Squirrel (Spermophilus beecheyi)
(J) Belding’s Ground Squirrel (Spermophilus beldingi)
(K) Brush Rabbit (Sylvilagus bachmani)
(L) Douglas’s Squirrel (Tamiasciurus douglasii)
2) Additional species may be petitioned for proposed inclusion to or removal from the list of species permitted and held under a Wildlife
Holding Permit with a written request and justification submitted to the Director.
3) Wildlife listed in this section and captured from the wild and held for more than 48 hours in captivity or held on a Wildlife Holding Permit
must remain in captivity for the life of the animal and may not be returned to the wild without prior approval by the Director. This rule
does not apply to wildlife held under 635-062-0000 (Wildlife Rehabilitation).
Stat. Auth.: ORS 498.002, 496.171 - 182
Stats. Implemented: ORS 498.002, 496.171 - 182
635-044-0035
Cost and Expiration Date, and Changes to a Wildlife Holding Permit
(1) Any person desiring to obtain a Wildlife Holding Permit must be an Oregon resident with a legal Oregon address and submit a complete
application and a non-refundable application fee of $25 and license agent fee listed on the permit application. A separate application and
associated fees are required for each species requested for holding. Upon approval of application, a permit will be issued for approved
species.
(2) The Wildlife Holding Permit expires on December 31 of the year issued.
(3) All permit renewals and payment of associated fees must occur before the expiration date of the current permit. Verification of annual
permit requirements (if applicable to the permit) must accompany the renewal application.
(4) A new application is required for any change of address by the permittee.
(5) The addition of animals of the species approved on the original permit requires prior approval by the local department biologist.
(6) Except as directed in 635-044-0025 (3), wildlife held on a Wildlife Holding Permit may only be transferred to another Wildlife Holding
Permitee and requires:
(a) the species transferred is listed on the receiving permitee’s Wildlife Holding Permit, and;
(b) a new application and updated Wildlife Holding Permit and payment of associated fees for the addition of animals of the species
transferred, and;
(c) approval by the Director.
(7) Failure to renew a Wildlife Holding Permit by December 31 of the year issued may result in a penalty or confiscation of held species,
fines, and denial of a future permit.
(8) The Department may revoke or decline to renew a Wildlife Holding Permit if the permittee is convicted of, or admits to a violation of
any wildlife law or any rule, order or permit issued under the wildlife laws within the previous 5 years of the date of application. Upon
revocation or non-renewal of a permit, the Department will confiscate any birds, mammals, amphibians and reptiles held.
(9) Cancelation or non-renewal of application, licenses, or permits and contested case procedure is defined in 635-044-0075.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
635-044-0040
Requirements for Care of Wildlife Held in Captivity
Wildlife held in captivity under any permit, license, or condition listed in 635-044-0020 and 635-044-0030 or under a Wildlife Propagation license must be:
(1) Provided minimum care sufficient to preserve the health and well-being of the held animal (except for emergencies or circumstances
beyond the reasonable control of the holder), includes, but is not limited to, the following requirements:
(a) Appropriate food for each held species of sufficient quantity and quality to allow for normal growth or maintenance of body weight.
(b) Open or adequate access to potable water in sufficient quantity and quality to satisfy the animal’s needs.
(c) Shelter sufficient to protect from adverse elements, protect from predators, to prevent escape, and injury. Any other requirement
particular to the survival of the animal shall also be provided.
(d) Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect or disease.
(e) Continuous access to an area:
(A) With adequate space for exercise necessary for the health of the animal;
(B) With air temperature suitable for the species of animal; and
(C) Shall be cleaned and kept free from excess food or fecal waste or other contaminants which could affect the health of the animal
(f) Captive wildlife may not be restrained with a chain or rope or hobbles or similar restraint method.
(2) It is unlawful for any person possessing wildlife in their care and possession to cause or allow such wildlife to be chased, injured, harmed,
harassed, or neglected.
(a) Wildlife held on a Wildlife Holding Permit may not be harvested as a game species, used in hunting, fur trapping, or pursuit seasons,
or for competitive hunting dog trials or training of hunting dogs and raptors.
(3) Facilities housing wildlife must meet ODFW minimum standards as defined in the ODFW Enclosure and Caging Standards for Holding Wildlife
for Wildlife Held in Captivity (Exhibit 1); and
(a) Enclosed within suitable structures to prevent escape or prevent other wildlife from entry;
(b)Applicants of Wildlife Holding Permits and holders of wildlife in captivity must demonstrate equivalency of facility construction with
Department approval of all proposed facility construction design, materials, and specifications equivalent or exceeding the ODFW
Enclosure and Caging Standards for Holding Wildlife.
(4) Inspection of facilities by Department personnel may be conducted prior to approval of the permit.
Stat. Auth.: ORS 167.305, 167.310, 167.312, 167.315, 167. 320, 167. 322, 167.333, 167.334, 167.335, 167.340, 167.343, 167.345, 167. 347, 167.349, 167.355, 167.390 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222, 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242, 167.310
635-044-0045
Inspection of Facilities
(1) Facilities holding captive wildlife are subject to inspection by any State Police officer or Department representative. Inspection of the
facilities 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 permit holder's residence.
(2) Any inspection(s) of facilities by Department personnel for all permits issued under this Division involving approval of new or modified
facilities may require a $150 inspection fee as determined by the Department.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222, 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222, 498.242
635-044-0050
Ownership of Captured Wildlife Held in Captivity
(1) Native wildlife, or the progeny thereof, captured from the wild in Oregon remains the property of the State of Oregon.
(2) Wildlife native to Oregon and acquired legally from an out-of-state propagator and held in captivity requires a Wildlife Holding Permit.
They are not considered property of the state of Oregon but are subject to the same wildlife rules as legally acquired native wildlife
collected in Oregon and held in captivity and cannot be sold, exchanged, bartered, transferred or released in Oregon except as authorized
by the Director.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
635-044-0055
Possession of Coyote Prohibited Without Permit
(1) It is unlawful to keep coyotes (Canis latrans) in captivity except in compliance with the terms and conditions of a permit issued pursuant
ORS 497.298 and ORS 497.312.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222, 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242
Wildlife Propagation License Regulations
635-044-0060
License Required to Propagate Wildlife
(1) Any person, institution or business desiring to propagate select bird species of the families Columbidae, Anatidae,Tetraonidae,
Phasianidae and Odontophoridae (OAR 635-046 –0050 (f), and 635-046-0055 (6)) must obtain a Wildlife Propagation License. The
applicant must submit a complete application and a non-refundable application fee.
(2) The cost of an annual Wildlife Propagation Licenses will be listed in the License Fee Schedule and include a $5.00 Application fee and a $
2.00 License Agent fee.
(3) Wildlife Propagation Licenses expire on December 31 of the year issued.
(4) Any person desiring to propagate and sell or barter any raptor as defined in OAR 635-055-0002 (3) protected by federal law must first
adhere to all permit requirements and regulations pertaining to the propagation and selling of raptors, as adopted by the U.S.
Department of the Interior on July 8, 1983. (Federal Register, Vol. 48, No. 132, Part 21). The license holder must provide a copy of their
current federal permits to the department with their application or renewal.
(5) Licensed propagators with a 2015 license may petition to retain the species not listed in 635-044-0060 (1) for inclusion on their
propagation license with a written request and justification submitted for approval by the Director.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
635-044-0065
Shipping Requirements
(1) Any Wildlife shipped within or outside the state by the holder of a Wildlife Propagation License must have affixed to the shipping
container a record showing:
(a) Name, address, and Wildlife Propagation License number of shipper;
(b) Name and address of consignee;
(c) Species name (common and scientific) and numbers of wildlife contained; and,
(d) Import of wildlife to Oregon or export from the state requires a Certificate of Veterinary Inspection from a federally accredited
veterinarian. Imported wildlife must be accompanied by an Oregon Department of Agriculture import permit with exceptions
listed in OAR 603-011-0255.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
635-044-0070
Record Keeping and Reporting Requirements for Wildlife Holding and Propagation
(1) A record of all business transactions involving sale or purchase of eggs, [or] game birds, and all other wildlife native to Oregon must be
current to date and available at the facility as listed on the permit. Records for the current calendar year must be made available for
inspection by Oregon State Police or Oregon Department of Fish and Wildlife personnel.
(2) An annual report of operations must be received by January 15. The annual report shall include the total number of animals by species
purchased or acquired and all sales or transfers by species, including eggs, births and deaths within the previous calendar year.
(3) Wildlife held under a Wildlife Holding or Propagation Permit must have prior Department authorization before transfer, transport or
export from Oregon under a permit issued by the Department and must have a certificate of veterinary inspection and any import permit or
license required by the receiving state.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
635-044-0075
Cancellation and Non-Renewal of Wildlife Propagation License or Wildlife Holding or Wolf Holding Permit
(1) Failure to comply with any requirements within these rules or conditions of authorization is cause to cancel or deny renewal of the
Wildlife Propagation License, Wildlife Holding Permit, or Wolf Holding Permit and confiscate or require disposal of the wildlife being
held. A person may appeal cancellation or denial of a license or permit through a contested case hearing. The request for a contested
case hearing on a proposed cancellation must be received by the Department within 21 days after service of notice (or 90 days for
emergency revocations). The request for hearing on a proposed non-renewal must be received by the Department within 60 days of
notice. Final Orders in contested case hearings will be issued by the Director.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242, 183.430, 183.470, 183. 484, 183.700
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
635-044-0080
Disposition of wildlife upon license suspension, revocation, nonrenewal or denial
(1) Within 90 days after any of the following events, any person holding wildlife with a Wildlife Holding Permit, Wolf Holding Permit, or Wildlife
Propagation License must dispose of the animals:
(a) Suspension, revocation or expiration of the Wildlife Holding Permit, Wolf Holding Permit, or Wildlife Propagation License;
(b) Denial of an application for license; or
(c) Receipt of a notice from the Department informing the holder that the wildlife held is/are not authorized by license.
(2) “Dispose” means to do the following in compliance with these rules:
(a) Humanely euthanize;
(b) Transfer to another licensed Wildlife Holding or Propagation facility; or
(c) Export from Oregon.
(3) If the holder fails to dispose of any wildlife held by the deadline specified in paragraph (1), and if the Department determines that the wildlife
held pose an imminent threat to wildlife, livestock, or public health requiring prompt action, the Department may humanely kill, confine,
transfer, or otherwise dispose of the animals as it determines necessary. In all other circumstances, the Department may humanely kill,
transfer, confine or otherwise dispose of the wildlife held only after providing the holder with notice and an opportunity for hearing. The
Department may choose to keep the wildlife held 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 wildlife held for disposal must be treated humanely in compliance with
these rules.
(4) The holders of any wildlife 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
635-044-0085
Control of Disease Outbreaks in Captive Wildlife
(1) Diseased captive wildlife may be considered an imminent danger to public, wildlife, domestic animals, or livestock health.
(2) An outbreak of communicable disease among captive wildlife determined to be an imminent danger to public , wildlife, domestic animals,
or livestock health may require the Department to order the holder to euthanize, confine or transfer, by a specified deadline, any or all
wildlife they hold.
(3) Failure by the holder to take action ordered by the Department pursuant to paragraph (2), may result in the Department or its agents
entering the holder’s facility to confine, euthanize, or transfer diseased wildlife. Nothing in these rules is intended to authorize or allow
the warrantless search or inspection of a permit holder's residence. 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
PROTECTED WILDLIFE, HOLDING, AND PROPAGATING RULES
The purpose of these rules is to the identify the species of wildlife that are protected , wildlife that may be held, conditions for holding, and regulate the propagation of game birds and other native wildlife except those cervids regulated by OAR chapter 635, division 49.
Stat. Auth.: ORS 496.004, 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222 & 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222 & 498.242
635-044-0002
Taxonomy
(1) Scientific taxonomic nomenclature reflects the following:
(a) Fish:
(A) Nelson, J. S., E. J. Crossman, H. Espinosa-Perez, L. T. Findley, C. R. Gilbert, R. N. Lea, and J. D. Williams. 2004.
Common and scientific names of fishes from the United States, Canada, and Mexico.
American Fisheries Society, Special Publication 29, Bethesda, Maryland.
(B) Moyle, P. B. 2002. Inland fishes of California. Revised and expanded. University of California Press. Berkeley, California.
(C) Jelks, H.L., S.J. Walsh, N.M. Burkhead, S. Contreras-Balders, E. Diaz-Pardo, D.A. Hendrickson, J. Lyons, N.E. Mandrak,
F. McCormick J. S. Nelson, S. P. Platania, B. A. Porter, C.B. Renaud, J.J. Schmitter-Soto, E. B. Taylor, and M. L. Warren, Jr. 2008.
Conservation status of imperiled North American freshwater and diadromous fishes. Fisheries. 33(8): 372-407.
(b) Amphibians and reptiles -- Crother, B. I., editor. Scientific and standard English names of amphibians and reptiles of North America
north of Mexico, with comments regarding confidence in our understanding. 7th Edition. Society for the Study of Amphibians
and Reptiles, Herpetological Circular No. 37
(c) Birds -- Marshall, D.B., M.G. Hunter, A.L. Contreras, editors. 2003. Birds of Oregon: A General Reference. Oregon State University
Press. Corvallis, Oregon
(d) Mammals -- Wilson, D. E. and D. M. Reeder, editors. 2005. Mammal species of the world; a taxonomic and geographic reference.
3rd Edition. Johns Hopkins University Press.
(2) If the taxonomic status of individual species is changed through subsequent publications, scientific taxonomy shall remain as cited in
635-044-0002(1) and 635-044-0005 for the purposes of implementing and enforcing 635-044-0000 through 635-044-0085.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
635-044-0003
Definition of Terms
(1) "AZA" means the Association of Zoos and Aquariums.
(2) “AVMA” means the American Veterinary Medical Association.
(3) "Department" means Oregon Department of Fish and Wildlife.
(4) "Endangered species" means those species defined in ORS 496.004(6).
(5) “Facility” means any building, structure, cage, pen that wildlife may be kept, fed, exercised, held during any portion of its life stages.
(6) “Grandfathering” means, for the purpose of these rules, that a person who possessed legally held native wildlife prior to the date
the Commission adopts these amended rules (April 24, 2015), may continue to hold the animal(s) for the life of said animal(s)
within the provisions of the amended rules.
(7) "Hold" means any form of possession or control of a live animal, gamete, or hybrid thereof
(8) "Hybrid" means any animal, gamete or egg that is produced by crossing at least one wild individual of a species with any other
species or subspecies.
(9) "Import/importation" means to bring or cause live wildlife to be transported into Oregon by any means.
(10) "Migratory bird" means any bird, whatever its origin and whether or not raised in captivity, which belongs to a species listed in
U.S. 50CFR§10.13, including any part, nest, or egg of any such bird. Birds listed under OAR 635-057-0000 are not included.
(11) “Native” means indigenous to Oregon, not introduced ORS 496.171 (2).
(12) “Nongame wildlife” as defined in ORS 496.375.
(13) “Pedigree” means the record of descent of an animal identifying its ancestry and genetic linage.
(14) “Permittee” means the person who holds a valid Wildlife Holding Permit or Propagation License issued by the Department.
(15) “Propagation” is the breeding, reproduction, production, incubation, or rearing of wildlife by a human for sale, release, or other uses.
(16) "Public display" means to place or locate wildlife so that it may be viewed by the public directly or electronically.
(17) "Release" is permitting any legally collected wildlife, domestically raised or imported wildlife currently or previously in possession
to exist alive outside an approved holding or propagation facility.
(18) "Sensitive species" means those wildlife species, subspecies, or populations that are facing one or more threats to their populations,
habitat quantity or habitat quality or that are subject to a decline in number of sufficient magnitude such that they may become eligible
for listing on the state Threatened and Endangered Species List .
(19) "Species" means a unit of classification of animals which are capable of interbreeding and producing fertile offspring.
(20) “Take” means to kill or obtain possession or control of any wildlife (ORS 496.004 (16))
(21) "Threatened species" means those species defined in ORS 496.004 (17).
(22) "USFWS" means U.S. Fish and Wildlife Service.
(23) "Wildlife” means those species defined in ORS 496.004 (19).
Stat. Auth.: ORS 496, 496.390, 498.002
Stats. Implemented: ORS 496
635-044-0005
Protected Wildlife
(1) Except as provided by ORS and OAR 635-044-0010, 635-044-0020, 635-044-0030, 635-062, 635 -050, 635-056, 635-200-0040;
it is unlawful for any person to take, capture, hold, or have in possession, either dead or alive, whole or in part, any wildlife listed in this
section:
(a) Threatened or Endangered animals as provided for in 635-100-0125 and species listed by ORBIC as “rare, threatened or
endangered” or federal threatened and endangered listed species; or
(b) Non-threatened or non-endangered migratory nongame birds (unless as authorized by a Migratory Bird Depredation Order), or in
compliance with all terms and conditions of a Migratory Bird Depredation Permit issued by the United States Fish and Wildlife Service
under Title 50 Code of Federal Regulations Part 21, Subpart D. Nothing in this rule is intended to affect the provisions of
ORS 610.002 to 610.990, or
(c) Pacific Lamprey (Entosphenus tridentatus) only as authorized by a federally-recognized Indian tribe to which the Commission has
issued a permit authorizing that tribe to allow its members to take Pacific Lamprey at Willamette Falls for personal use, with a tribal
enrollment card in possession, within seasons and subject to conditions established by the
(d) Fish: (Protected wildlife are listed by common name and scientific name if consistently applied across taxonomic references):
(A) Alvord Lake chub (Siphateles alvordensis);
(B) Oregon lakes tui chub (Siphateles bicolor oregonensis);
(C) Sheldon tui chub (Siphateles bicolor eurysomus);
(D) Oregon chub (Oregonichthys crameri);
(E) Goose Lake tui chub (Siphateles bicolor thalassinus);
(F) Northern pit roach (Hesperoleucus symmetricus mitrulus);
(G) Millicoma longnose dace (Rhinichthys cataractae ssp.);
(H) Lahonton redside shiner (Richardsonius egregius);
(I) Goose Lake sucker (Catostomus occidentalis lacusanserinus);
(J) Klamath smallscale sucker, Jenny Creek population (Catostomus rimiculus);
(K) Tahoe sucker (Catostomus tahoensis);
(L) Malheur sculpin (Cottus bendirei );
(M) Margined sculpin (Cottus marginatus);
(N) Pit sculpin (Cottus pitensis);
(O) Pacific lamprey (Entosphenus tridentatus);
(P) Western river lamprey (Lampetra ayresii);
(Q) Western brook lamprey (Lampetra richardsoni);
(R) Miller Lake lamprey (Entosphenus minimus);
(S) Klamath River lamprey (Entosphenus similis);
(T) Pit-Klamath brook lamprey (Entosphenus lethophagus);
(U) Goose Lake lamprey (Entosphenus spp.);
(e) Amphibians:
(A) Cope's giant salamander (Dicamptodon copei);
(B) Clouded salamander (Aneides ferreus);
(C) Black salamander (Aneides flavipunctatus);
(D) California slender salamander (Batrachoseps attenuatus);
(E) Oregon slender salamander (Batrachoseps wrightorum);
(F) Del Norte salamander (Plethodon elongatus);
(G) Larch Mountain salamander (Plethodon larselli);
(H) Siskiyou Mountains salamander (Plethodon stormi);
(I) Blotched tiger salamander (Ambystoma mavortium melanostictum);
(J) Dunn’s salamander (Plethodon dunni)
(K) Southern torrent salamander (Rhyacotriton variegatus);
(L) Columbia torrent salamander (Rhyacotriton kezeri);
(M) Cascade torrent salamander (Rhyacotriton cascadae);
(N) Crater lake Newt (Taricha granulosa mazamae)
(O) Rocky Mountain tailed frog (Ascaphus montanus)
(P) Coastal tailed frog (Ascaphus truei);
(Q) Northern red-legged frog (Rana aurora);
(R) Foothill yellow-legged frog (Rana boylii);
(S) Cascades frog (Rana cascadae);
(T) Northern leopard frog (Lithobates pipiens);
(U) Columbia spotted frog (Rana luteiventris)
(V) Oregon spotted frog (Rana pretiosa);
(W) Western toad (Bufo boreas);
(X) Woodhouse toad (Anaxyrus woodhousii);
(f) Reptiles
(A) Western painted turtle (Chrysemys picta bellii);
(B) Western pond turtle (Actinemys marmorata);
(C) Great Basin collared lizard (Crotaphytus bicinctores)
(D) Long-nosed leopard lizard (Gambelia wislizenii);
(E) Pygmy short-horned lizard (Phyrnosoma douglassi);
(F) Desert horned lizard (Phrynosoma platyrhinos);
(G) Sharp-tailed snake (Contia tenuis);
(H) Common kingsnake (Lampropeltis getula);
(I) California mountain kingsnake (Lampropeltis zonata);
(J) Western ground snake (Sonora semiannulata);
(K) Racer (Coluber constrictor)
(L) Rubber boa (Charina bottae)
(M) Night snake (Hypsiglena chlorophaea)
(N) Striped Whip snake (Coluber taeniatus)
(O) Ring-necked snake (Diadophis punctatus)
(g) Birds: All nongame birds except European starling (Sturnus vulgaris), house sparrow (Passer domesticus),
and Eurasian collared-dove (Streptopelia decaocto).
(h) Mammals:
(A) All bats in the Order Chiroptera;
(B) American pika (cony) (Ochotona princeps);
(C) Pygmy rabbit (Brachylagus idahoensis);
(D) White-tailed jack rabbit (Lepus townsendii);
(E) Chipmunk (Tamias amoenus, T. minimus., T. senex, T. siskiyou and T. townsendii);
(F) Golden-mantled ground squirrel (Spermophilus lateralis);
(G) Chickaree or red squirrel (Tamiasciurus. hudsonicus);
(H) White-tailed antelope squirrel (Ammospermophilus leucurus);
(I) Northern flying squirrel (Glaucomys sabrinus);
(J) White-footed vole (Arborimus albipes);
(K) Ringtail (Bassariscus astutus);
(L) Fisher (Martes pennanti);
(M) All marine mammals.
(2) Notwithstanding section (1) of this rule, it shall be lawful to purchase, sell, or exchange, or have in possession any pelt of wildlife
listed therein which was lawfully taken in another state and transported into Oregon. A bill of lading or freight bill from a common
carrier or other documentary proof indicating the state of origin of the pelt and the name and address of the person from whom the
pelt was received shall be sufficient.
Stat. Auth.: ORS 496.138, 496.146, 496.162, 498.012 & 506.119
Stats. Implemented: ORS 496.162 & 506.129
635-044-0010
Capture and Holding of Wildlife
Wildlife may not be captured from the wild and/or held unless authorized by the Director or after acquiring:
(1) Wildlife Holding Permit (635-044-0020 (1) and 635-044-0030);
(2) Wolf Holding Permit (635-044-0020 (6)
(3) Wildlife Propagation License (635-044-0060(1)) including select native and game bird species as defined in 635-045-0002
(34) of the families Columbidae, Anatidae, Tetraonidae, Phasianidae and Odontophoridae or other wildlife species approved by the Director.
(4) Falconry License (OAR 635-055-0010);
(5) Wildlife Rehabilitation Permit (OAR 635-062-0010);
(6) Scientific Taking Permit (OAR 635-043-0023);
(7) Game Bird Release Permit for Hunting Dog and Raptor Training and Competitive Hunting Dog Trial Permit (applicable to common
pheasant (all races of Phasianus colchicus); California (valley), bobwhite and Coturnix quail; Hungarian (gray), chukar, and
red-legged partridge; or mallards as defined in OAR 635 Division 046.
(8) Hunting Preserve License (pheasants, quail, and partridge) defined in 635 -047-0015
(9) Holding and Propagation Captive Cervid permits as defined in OAR 635, Division 049;
(10) Federal Wildlife Permit (Form 3-200). A federal permit will serve in lieu of a state Wildlife Holding Permit for birds protected by
the federal Migratory Bird Treaty;
(11) Fox (Vulpes vulpes or Urocyon cinereoargenteus) or mink (Mustela vison) may be held by a commercial fur farm under authority of
the Oregon Department of Agriculture (ORS 596.010 (3); 609.125; 596.020 (2)).
(12) Fish Transport Permit (OAR 635-0007-0600);
(13) Fish Propagation License (OAR 635-007-0650);
(14) Sturgeon Propagation Permit (OAR 635-007-0725);
(15) Scientific Taking Permit (OAR 635-007-0900);
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.002, 498.022, 498.029, 498.052, 498.222 & 498.242 , 596.010, 596.020, 609.125;
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
635-044-0015
Permit Required to Hold Wildlife
(1) Captured and held nongame wildlife species listed in 635-044-0030 require a Wildlife Holding Permit when more than two (2)
animals per species are held or unless authorized under a permit listed in 635-044-0010.
(2) Wildlife Holding Permits are specific to the species held, permit holder and to the holding facility described on the permit.
(3) Wildlife legally held and defined under 635-044-0020 and 635-044-0 025 requires a Wildlife Holding or Wolf Holding Permit.
(4) Certify to the Department that the Wildlife Holding permittee’s species held complies with any applicable city or county ordinances
and any applicable federal laws.
(5) No Wildlife Holding Permit is required to hold:
(a) game bird species legally acquired and held under a Wildlife Propagation License;
(b) captive or farmed cervids held under a Cervid Holding Permit or a Cervid Propagation License (OAR chapter 635 division 49);
(c) game birds legally acquired from a licensed propagator or with a valid import permit from the Oregon Department of Agriculture;
(d) fox or mink propagated on a commercial fur farm;
(e) game fish legally acquired and possessed with a valid Fish Transport Permit.
(6) Cancelation or non-renewal of licenses or permits and contested case procedure is defined in 635-044-0075.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
635-044-0020
Holding of Live Black Bear (Ursus americanus), Cougar (Puma concolor), Bobcat (Lynx rufus), Wolf (Canis lupus), Raccoon (Procyon lotor) and Skunk (Mephitis spp.)
(1) Black bear, cougar, bobcat, wolves, raccoon and skunk held in captivity require a Wildlife or Wolf Holding Permit for each species held.
(2) Black bears, cougars, bobcats, wolves, raccoons and skunks acquired by transfer or new holding application, and following adoption of
these revised rules (March 18, 2016), shall only be held at Oregon AZA accredited facilities or as approved by the Director.
(3) Black bears, cougars, bobcats, wolves, raccoons and skunks held legally prior to the adoption of these rules may only be held at AZA
accredited facilities or in Department approved facilities meeting standards defined in the Oregon Enclosure and Caging Standards
for Holding Wildlife (Exhibit 1). The facilities housing legally acquired black bear, cougar, bobcats, wolves, raccoons and skunks must
meet the minimum facility standards defined herein within one year following the adoption of these rules.
(a) No more than one black bear, one cougar, and one bobcat may be held on a Wildlife Holding Permit unless approved by the Director.
(b) No more than two raccoons, two skunks, or two wolves may be held on a Wildlife Holding Permit without approval by the Director.
(c) Black bears, cougars, bobcats, wolves, raccoons and skunks must be marked permanently with either a lip tattoo and/or implanted
Radio Frequency Identification Device (RFID). Holders of grandfathered animals, as defined in 635-044-0025, shall meet
the documentation requirements within one year from the adoption of these revised rules (March 18, 2016).
(d) Live black bears, cougars, bobcats, wolves, raccoons, and skunks shall not be removed from the wild with the exception of animals
captured and placed by the Department in an AZA accredited facility, or in an approved licensed Wildlife Rehabilitation facility,
or under a Scientific Taking Permit (OAR 635-043-0023) or as nuisance wildlife captured by permit (OAR 635 Div. 435) or as
approved by the Director.
(e) Black bears, cougars, bobcats, wolves, raccoons, and skunks held on a Wildlife Holding Permit cannot be bred, reproduced, or
propagated in Oregon, including grandfathered animals.
(f) Black bears, cougars, bobcats, wolves, raccoons and skunks may only be transferred between valid Wildlife Holding or Wolf Holding
permittees with prior approval by the Director.
(g) Black bears, cougars, bobcats, wolves, raccoons and skunks must be held within facilities approved by the Department, except when:
(A) transported to or from licensed Oregon veterinary clinics or other ODFW-approved facilities;
(B) or on public display by a USDA class A, B or C license holder.
(h) Application renewals must include a description of permanent animal identification mark and mark location, and veterinary
documentation of reproductive sterilization if required.
(A) No access or contact shall occur between wild animals and captive black bear, cougar, bobcats, wolves, raccoons and skunks or
other wildlife held on a Wildlife Holding Permit.
(4) The burden of proof of the hybridity of a bobcat-cross or wolf-cross animal is the responsibility of the animal owner. A wolf is considered
“pure-bred” when the animal’s genetic and phenotypic makeup does not include any genetic material or characteristics of a domestic
dog or other canine, resulting in a hybrid. Documentation in the form of breeding evidence by pedigree and record, records of acquisition
and disposition, transactions, and sworn statements, will be required of all bobcats and wolves claimed to be hybrids and genetic testing
may be conducted by the Department. Lack of sufficient proof of hybridity as determined by the Department will genetically classify the
animal as a bobcat or wolf requiring a Wildlife Holding Permit or Wolf Holding Permit and regulation under the conditions of these rules.
(5) Raccoons and Skunks
(a) Two or more held raccoons or skunks of different sexes requires sterilization of either sex to prevent propagation prior to sexual
maturity and within (30) days of permit issuance for adult animals with documented certification by a licensed veterinarian.
(b) Held raccoons and skunks must be caged or restrained when transported beyond the permitted facility.
(6) Gray Wolf or Wolves in Captivity
(a) The Department will only issue new permits to hold a pure-bred wolf in captivity to AZA accredited facilities and no new animals
may be added to grandfathered collections without approval by the Director.
(b) To maintain the authority to hold one or more pure-bred gray wolves in captivity, a person described in 635-044-0025 (2) must:
(A) No later than 30 days before the expiration date printed on the permit issued by the Department:
(I) Apply to the Department for an annual Wolf Holding Permit that may include conditions designed to protect native
wildlife and human safety;
(II) Remit to the Department a fee of $100 (plus a $2.00 license agent fee) for the permit or permit renewal; and
(III) Demonstrate to the Department that the person’s wolf handling facility complies with any applicable city or county
ordinances and any applicable federal laws.
(c) Current holders of captive wolves must:
(A) Not import, export, purchase, sell or exchange any pure-bred gray wolf except with written authorization from the Department
prior to transferring a pure-bred gray wolf to another facility; and
(B) Comply with the terms of any permit issued by the Department.
(d)The permit holder must provide a copy of their current federal permits to the department with their Wildlife Holding Permit application
or renewal.
Stat. Auth.: ORS 498.002, 497.228, 496.171 - 182
Stats. Implemented: ORS 498.002, 497.228, 496.171 - 182
635-044-0025
Grandfathering the Possession of Black Bear, Cougar, Bobcat, Wolf, Raccoon, Skunk, Squirrel, Chipmunk and Other Legally Held Non-game Wildlife Species
(1) A person who legally possessed native wildlife (black bear, cougar, bobcat, wolf, raccoon, skunk, squirrel, chipmunk) or other legally held
species prior to the time the Commission adopts the amended rules may continue to hold said animal(s) for the remainder of the animal(s)
life provided:
(a) The holder submits an application for an annual Holding Permit (Wildlife or Wolf), pays the associated fees, and secures a Holding Permit
within a one year of the adoption of these amended rules.
(b) Grandfathered animals are held in Department approved facilities meeting standards defined in the Oregon Enclosure and Caging
Standards for Holding Wildlife(Exhibit 1). The facilities housing legally acquired Grandfathered Black Bear, Cougar, Bobcat, Wolves,
Raccoon, Skunk, Squirrel, Chipmunk and Other Legally Held Non-game Species, must meet the minimum facility standards defined
herein within one year following the adoption of these rules.
(c) Grandfathered bears, cougars, bobcats, wolves, raccoons, skunks, squirrels, and chipmunks must have been acquired from a legally
propagated out-of-state source or legally acquired with approved documentation that may include a valid sales receipt, Certificate of
Veterinary Inspection with import permit from Department of Agriculture, valid agency transfer of ownership permit identifying the
animal was propagated and born in legal captivity, or as approved by the Director. A signed and notarized affidavit stating the
grandfathered animal (s) were legally acquired and held in compliance with these rules will be required of all permit holders of
grandfathered animals.
(d) Grandfathered animals may not be bred. Two or more held grandfathered animals of the same species of different sexes requires
sterilization of either sex to prevent propagation prior to sexual maturity and within (30) days of permit issuance with documented
certification by a licensed veterinarian.
(2) The only person(s) who may hold pure-bred wolves in captivity are those who, as of December 31, 2009, held a gray wolf or wolves in
captivity under previous Oregon Department of Agriculture, Class I Exotic Canine, Exotic Animal Division 603 Rules or held a valid
license or registration from the U.S. Department of Agriculture, under the federal Animal Welfare Act of 1970. These persons may hold
only gray wolves, and only if they obtain authority under the requirements of 635-044-0020(6) of this rule.
(3) Grandfathered black bears, cougars, bobcats, wolves, raccoons, and skunks may only be transferred from the original Wildlife or Wolf
Holding Permit to an AZA accredited facility or as approved by the Director.
Stat. Auth.: ORS 498.002, 496.171 - 182
Stats. Implemented: ORS 498.002, 496.171 - 182
635-044-0030
Holding of Nongame Wildlife
1) Native nongame wildlife or their parts or products may not be sold or live animals propagated. Only nongame species from the following
list are permitted to be held. A Wildlife Holding Permit is required to hold more than two animals per species for each facility or
household. The following list of species is determined to be demonstrably widespread, abundant, and secure through the Oregon
Biodiversity Information Center (ORBIC) 2013 -- Rare, Threatened and Endangered Vertebrate Species of Oregon, Updated
September 2013:
(a) Amphibians
(A) Northwestern Salamander (Ambystoma gracile)
(B) Long-toed Salamander (Ambystoma macrodacytlum)
(C) Coastal Giant Salamander (Dicamptodon tenebrosus)
(D) Ensatina (Ensatina eschscholtzii)
(E) Western Red-Backed Salamander (Plethodon vehiculum)
(F) Rough-Skinned Newt (Taricha granulosa)
(G)Pacific Treefrog or Pacific Chorus Frog (Pseudacris regilla)
(H)Great Basin Spadefoot (Spea intermontana)
(b) Reptiles
(A) Great Basin Whiptail (Aspidoscelis tigris tigris)
(B) Northern Alligator Lizard (Elgaria coerulea)
(C) Southern Alligator Lizard (Elgaria multicarinata)
(D) Western Skink (Plestiodon skiltonianus)
(E) Northern Sagebrush Lizard (Sceloporus graciosus graciosus)
(F) Western Fence Lizard (Sceloporus occidentalis)
(G)Common Side-Blotched Lizard (Uta stansburiana)
(H)Western Rattlesnake (Crotalus oreganus): excluding Willamette Valley populations
(I) Pacific Gopher Snake (Pituophis catenifer)
(J) Western Terrestrial Garter Snake (Thamnophis elegans)
(K) Northwestern Garter Snake (Thamnophis sirtalis)
(c) Mammals
(A) North American Porcupine (Erethizon dorsatum)
(B) Long-Tailed Vole (Microtus longicaudus)
(C) Montane Vole (Microtus montanus)
(D) Ermine (Mustela erminea)
(E) Long-Tailed Weasel (Mustela frenata)
(F) Bushy-Tailed Woodrat (Neotoma cinerea)
(G)Deer Mouse (Peromyscus maniculatus)
(H)Coast Mole (Scapanus Orarius)
(I) California Ground Squirrel (Spermophilus beecheyi)
(J) Belding’s Ground Squirrel (Spermophilus beldingi)
(K) Brush Rabbit (Sylvilagus bachmani)
(L) Douglas’s Squirrel (Tamiasciurus douglasii)
2) Additional species may be petitioned for proposed inclusion to or removal from the list of species permitted and held under a Wildlife
Holding Permit with a written request and justification submitted to the Director.
3) Wildlife listed in this section and captured from the wild and held for more than 48 hours in captivity or held on a Wildlife Holding Permit
must remain in captivity for the life of the animal and may not be returned to the wild without prior approval by the Director. This rule
does not apply to wildlife held under 635-062-0000 (Wildlife Rehabilitation).
Stat. Auth.: ORS 498.002, 496.171 - 182
Stats. Implemented: ORS 498.002, 496.171 - 182
635-044-0035
Cost and Expiration Date, and Changes to a Wildlife Holding Permit
(1) Any person desiring to obtain a Wildlife Holding Permit must be an Oregon resident with a legal Oregon address and submit a complete
application and a non-refundable application fee of $25 and license agent fee listed on the permit application. A separate application and
associated fees are required for each species requested for holding. Upon approval of application, a permit will be issued for approved
species.
(2) The Wildlife Holding Permit expires on December 31 of the year issued.
(3) All permit renewals and payment of associated fees must occur before the expiration date of the current permit. Verification of annual
permit requirements (if applicable to the permit) must accompany the renewal application.
(4) A new application is required for any change of address by the permittee.
(5) The addition of animals of the species approved on the original permit requires prior approval by the local department biologist.
(6) Except as directed in 635-044-0025 (3), wildlife held on a Wildlife Holding Permit may only be transferred to another Wildlife Holding
Permitee and requires:
(a) the species transferred is listed on the receiving permitee’s Wildlife Holding Permit, and;
(b) a new application and updated Wildlife Holding Permit and payment of associated fees for the addition of animals of the species
transferred, and;
(c) approval by the Director.
(7) Failure to renew a Wildlife Holding Permit by December 31 of the year issued may result in a penalty or confiscation of held species,
fines, and denial of a future permit.
(8) The Department may revoke or decline to renew a Wildlife Holding Permit if the permittee is convicted of, or admits to a violation of
any wildlife law or any rule, order or permit issued under the wildlife laws within the previous 5 years of the date of application. Upon
revocation or non-renewal of a permit, the Department will confiscate any birds, mammals, amphibians and reptiles held.
(9) Cancelation or non-renewal of application, licenses, or permits and contested case procedure is defined in 635-044-0075.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
635-044-0040
Requirements for Care of Wildlife Held in Captivity
Wildlife held in captivity under any permit, license, or condition listed in 635-044-0020 and 635-044-0030 or under a Wildlife Propagation license must be:
(1) Provided minimum care sufficient to preserve the health and well-being of the held animal (except for emergencies or circumstances
beyond the reasonable control of the holder), includes, but is not limited to, the following requirements:
(a) Appropriate food for each held species of sufficient quantity and quality to allow for normal growth or maintenance of body weight.
(b) Open or adequate access to potable water in sufficient quantity and quality to satisfy the animal’s needs.
(c) Shelter sufficient to protect from adverse elements, protect from predators, to prevent escape, and injury. Any other requirement
particular to the survival of the animal shall also be provided.
(d) Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect or disease.
(e) Continuous access to an area:
(A) With adequate space for exercise necessary for the health of the animal;
(B) With air temperature suitable for the species of animal; and
(C) Shall be cleaned and kept free from excess food or fecal waste or other contaminants which could affect the health of the animal
(f) Captive wildlife may not be restrained with a chain or rope or hobbles or similar restraint method.
(2) It is unlawful for any person possessing wildlife in their care and possession to cause or allow such wildlife to be chased, injured, harmed,
harassed, or neglected.
(a) Wildlife held on a Wildlife Holding Permit may not be harvested as a game species, used in hunting, fur trapping, or pursuit seasons,
or for competitive hunting dog trials or training of hunting dogs and raptors.
(3) Facilities housing wildlife must meet ODFW minimum standards as defined in the ODFW Enclosure and Caging Standards for Holding Wildlife
for Wildlife Held in Captivity (Exhibit 1); and
(a) Enclosed within suitable structures to prevent escape or prevent other wildlife from entry;
(b)Applicants of Wildlife Holding Permits and holders of wildlife in captivity must demonstrate equivalency of facility construction with
Department approval of all proposed facility construction design, materials, and specifications equivalent or exceeding the ODFW
Enclosure and Caging Standards for Holding Wildlife.
(4) Inspection of facilities by Department personnel may be conducted prior to approval of the permit.
Stat. Auth.: ORS 167.305, 167.310, 167.312, 167.315, 167. 320, 167. 322, 167.333, 167.334, 167.335, 167.340, 167.343, 167.345, 167. 347, 167.349, 167.355, 167.390 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222, 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242, 167.310
635-044-0045
Inspection of Facilities
(1) Facilities holding captive wildlife are subject to inspection by any State Police officer or Department representative. Inspection of the
facilities 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 permit holder's residence.
(2) Any inspection(s) of facilities by Department personnel for all permits issued under this Division involving approval of new or modified
facilities may require a $150 inspection fee as determined by the Department.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222, 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222, 498.242
635-044-0050
Ownership of Captured Wildlife Held in Captivity
(1) Native wildlife, or the progeny thereof, captured from the wild in Oregon remains the property of the State of Oregon.
(2) Wildlife native to Oregon and acquired legally from an out-of-state propagator and held in captivity requires a Wildlife Holding Permit.
They are not considered property of the state of Oregon but are subject to the same wildlife rules as legally acquired native wildlife
collected in Oregon and held in captivity and cannot be sold, exchanged, bartered, transferred or released in Oregon except as authorized
by the Director.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
635-044-0055
Possession of Coyote Prohibited Without Permit
(1) It is unlawful to keep coyotes (Canis latrans) in captivity except in compliance with the terms and conditions of a permit issued pursuant
ORS 497.298 and ORS 497.312.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222, 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242
Wildlife Propagation License Regulations
635-044-0060
License Required to Propagate Wildlife
(1) Any person, institution or business desiring to propagate select bird species of the families Columbidae, Anatidae,Tetraonidae,
Phasianidae and Odontophoridae (OAR 635-046 –0050 (f), and 635-046-0055 (6)) must obtain a Wildlife Propagation License. The
applicant must submit a complete application and a non-refundable application fee.
(2) The cost of an annual Wildlife Propagation Licenses will be listed in the License Fee Schedule and include a $5.00 Application fee and a $
2.00 License Agent fee.
(3) Wildlife Propagation Licenses expire on December 31 of the year issued.
(4) Any person desiring to propagate and sell or barter any raptor as defined in OAR 635-055-0002 (3) protected by federal law must first
adhere to all permit requirements and regulations pertaining to the propagation and selling of raptors, as adopted by the U.S.
Department of the Interior on July 8, 1983. (Federal Register, Vol. 48, No. 132, Part 21). The license holder must provide a copy of their
current federal permits to the department with their application or renewal.
(5) Licensed propagators with a 2015 license may petition to retain the species not listed in 635-044-0060 (1) for inclusion on their
propagation license with a written request and justification submitted for approval by the Director.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
635-044-0065
Shipping Requirements
(1) Any Wildlife shipped within or outside the state by the holder of a Wildlife Propagation License must have affixed to the shipping
container a record showing:
(a) Name, address, and Wildlife Propagation License number of shipper;
(b) Name and address of consignee;
(c) Species name (common and scientific) and numbers of wildlife contained; and,
(d) Import of wildlife to Oregon or export from the state requires a Certificate of Veterinary Inspection from a federally accredited
veterinarian. Imported wildlife must be accompanied by an Oregon Department of Agriculture import permit with exceptions
listed in OAR 603-011-0255.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
635-044-0070
Record Keeping and Reporting Requirements for Wildlife Holding and Propagation
(1) A record of all business transactions involving sale or purchase of eggs, [or] game birds, and all other wildlife native to Oregon must be
current to date and available at the facility as listed on the permit. Records for the current calendar year must be made available for
inspection by Oregon State Police or Oregon Department of Fish and Wildlife personnel.
(2) An annual report of operations must be received by January 15. The annual report shall include the total number of animals by species
purchased or acquired and all sales or transfers by species, including eggs, births and deaths within the previous calendar year.
(3) Wildlife held under a Wildlife Holding or Propagation Permit must have prior Department authorization before transfer, transport or
export from Oregon under a permit issued by the Department and must have a certificate of veterinary inspection and any import permit or
license required by the receiving state.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
635-044-0075
Cancellation and Non-Renewal of Wildlife Propagation License or Wildlife Holding or Wolf Holding Permit
(1) Failure to comply with any requirements within these rules or conditions of authorization is cause to cancel or deny renewal of the
Wildlife Propagation License, Wildlife Holding Permit, or Wolf Holding Permit and confiscate or require disposal of the wildlife being
held. A person may appeal cancellation or denial of a license or permit through a contested case hearing. The request for a contested
case hearing on a proposed cancellation must be received by the Department within 21 days after service of notice (or 90 days for
emergency revocations). The request for hearing on a proposed non-renewal must be received by the Department within 60 days of
notice. Final Orders in contested case hearings will be issued by the Director.
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242, 183.430, 183.470, 183. 484, 183.700
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242
635-044-0080
Disposition of wildlife upon license suspension, revocation, nonrenewal or denial
(1) Within 90 days after any of the following events, any person holding wildlife with a Wildlife Holding Permit, Wolf Holding Permit, or Wildlife
Propagation License must dispose of the animals:
(a) Suspension, revocation or expiration of the Wildlife Holding Permit, Wolf Holding Permit, or Wildlife Propagation License;
(b) Denial of an application for license; or
(c) Receipt of a notice from the Department informing the holder that the wildlife held is/are not authorized by license.
(2) “Dispose” means to do the following in compliance with these rules:
(a) Humanely euthanize;
(b) Transfer to another licensed Wildlife Holding or Propagation facility; or
(c) Export from Oregon.
(3) If the holder fails to dispose of any wildlife held by the deadline specified in paragraph (1), and if the Department determines that the wildlife
held pose an imminent threat to wildlife, livestock, or public health requiring prompt action, the Department may humanely kill, confine,
transfer, or otherwise dispose of the animals as it determines necessary. In all other circumstances, the Department may humanely kill,
transfer, confine or otherwise dispose of the wildlife held only after providing the holder with notice and an opportunity for hearing. The
Department may choose to keep the wildlife held 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 wildlife held for disposal must be treated humanely in compliance with
these rules.
(4) The holders of any wildlife 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
635-044-0085
Control of Disease Outbreaks in Captive Wildlife
(1) Diseased captive wildlife may be considered an imminent danger to public, wildlife, domestic animals, or livestock health.
(2) An outbreak of communicable disease among captive wildlife determined to be an imminent danger to public , wildlife, domestic animals,
or livestock health may require the Department to order the holder to euthanize, confine or transfer, by a specified deadline, any or all
wildlife they hold.
(3) Failure by the holder to take action ordered by the Department pursuant to paragraph (2), may result in the Department or its agents
entering the holder’s facility to confine, euthanize, or transfer diseased wildlife. Nothing in these rules is intended to authorize or allow
the warrantless search or inspection of a permit holder's residence. 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
