Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Cervids may not be held except as authorized by a cervid license issued by the
Department.
(a) To hold Rocky Mountain elk
(Cervus elaphus nelsoni), Roosevelt elk (Cervus elaphus roosevelti), Sika deer
(Cervus nippon), Muntjac deer (Muntiacus sp.), white-tailed deer (Odocoileus
virginianus) or black-tailed deer (Odocoileus hemionus columbianus), a Type 1
license is required.
(b) To hold
fallow deer (Dama dama) or reindeer (Rangifer tarandus), a Type 2 license is
required.
(c) No other species or
subspecies of cervids may be held under a cervid license.
(2) The following are exceptions to the
cervid license requirements of subsection (1):
(a) A scientific take permit issued pursuant
to OAR chapter 635, division 43 may authorize the holding of cervids for the
purpose of scientific research;
(b)
A wildlife rehabilitation permit issued pursuant to OAR chapter 635, division
44 may authorize the temporary holding of wild cervids for the purpose of
rehabilitation and return to the wild;
(c) Public agencies may hold cervids as
necessary in the performance of their official duties. Temporary holding of
cervids by public agencies is not subject to these division 49 rules. The
Director may exempt a public agency's permanent holding of cervids from any or
all of these division 49 rules upon a finding that the operation would not tend
to be harmful to existing wildlife populations and would significantly benefit
the public.
(3)
Hybridization of native cervids held in captivity is prohibited, except that:
(a) Hybrids of Rocky Mountain and Roosevelt
elk may be held if specifically authorized in the license.
(b) Hybrids of native cervids and other
native or non-native cervids may be held as part of a scientific effort if
determined by the Director of the Department to be of overwhelming benefit to
wildlife or wildlife habitat in Oregon and if specifically authorized as a
condition of a license.
(4) No pairings between wild and captive
cervids are allowed for the purpose of producing offspring unless specifically
authorized as a license condition.
(5) If a licensed facility contains no
cervids for more than 180 consecutive days, the license is deemed forfeited.
Anyone whose license the Department proposes to forfeit may request a contested
case hearing within 14 days of notice of the proposed decision.
Stat. Auth.: ORS
496.012,
496.138,
496.146,
496.162,
497.228,
498.002,
498.019,
498.052 &
174.106
Stats. Implemented: ORS
496.012,
496.138,
496.146,
496.162,
497.228,
498.002,
498.019,
498.052 &
174.106
