Or. Admin. R. 635-045-0002 - Definitions
(1) "Active
Military Personnel" means, for the purpose of participating in the Veterans and
Active Military Personnel Waterfowl Hunting Day(s), members of the Armed Forces
[Army, Navy, Air Force, Marine Corps, and Coast Guard] on active duty,
including members of the National Guard and Reserves on active duty (other than
for training).
(2) "Adult hunting
license" is a resident or nonresident hunting license, resident combination
angling and hunting license, disabled veteran's angling and hunting license,
pioneer's angling and hunting license or senior citizen's angling and hunting
license.
(3) "Agricultural lands"
are lands that are not less than ten acres in extent that have been cultivated
and planted or irrigated to domestic crops that are currently in use. Isolated
home gardens, abandoned farmsteads, logged lands, rangelands, and tree farms,
are not included in this definition.
(4) "Antler Point" is a point at least one
inch in length measured from tip of point to nearest edge of beam. This
definition applies only to the three-point elk and spike only elk bag
limits.
(5) "Antlerless deer" means
doe or fawn deer.
(6) "Antlerless
elk" means cow or calf elk.
(7)
"Application" means the electronic form completed and purchased to apply for a
hunt where the number or distribution of hunters is limited through a public
drawing or other means. Mail order applications sent to the Department along
with the proper remittance are used to generate the electronic form.
(8) "Bait" for hunting game mammals means any
substance placed to attract an animal by its sense of smell or taste, including
but not limited to food items or minerals (such as salt). Applying a scent or
attractant to one's body or clothing while worn, is not baiting.
(9) "Baited Area" means an area where baiting
has taken place.
(10) "Baiting"
means the placing, exposing, depositing, distributing, or scattering of corn,
wheat, salt or other feed to constitute a lure or enticement to, on, or over an
area where hunters are attempting to take game birds.
(11) "Brace" is defined as an orthosis that
is prescribed by a physician and fabricated by an orthotist certified by the
American Board for Certification in Orthotics and Prosthetics, Inc.
(12) "Buck Deer" means a male deer with at
least one visible antler.
(13)
"Buck Pronghorn" means a male pronghorn antelope with visible horns and a dark
cheek patch below the ear.
(14)
"Bull elk" for the purposes of a bag limit definition, means a male elk with at
least one visible antler.
(15)
"Calendar year" means from January 1 through December 31.
(16) "Carcass" is the skinned or unskinned
body, with or without entrails, of a game bird or game mammal.
(17) "Closed season" is any time and place
when it is not authorized to take a specific species, sex or size of
wildlife.
(18) "Coast elk" means
any live elk occurring in the Alsea, Applegate, Chetco, Melrose, Powers, Saddle
Mountain, Scappoose, Siuslaw, Sixes, Stott Mountain, Tioga, Trask, Willamette,
and Wilson units.
(19) "Commercial
cervid attractant" means a marketed product that contains or is derived from
cervid urine and is designed for use in luring, attracting or enticing a
cervid.
(20) "Commission" means the
Oregon Fish and Wildlife Commission.
(21) "Controlled hunt" is a season where the
number or distribution of hunters is limited through a public drawing or other
means.
(22) "Department" means the
Oregon Department of Fish and Wildlife.
(23) "Director" means the Oregon Fish and
Wildlife Director.
(24) "Doe or
fawn pronghorn" means a female pronghorn antelope without a dark cheek patch
below the ear or a pronghorn fawn (young of the year) of either sex.
(25) "Domestic partner" means, as provided in
section 3 of the Oregon Family Fairness Act of 2007 (ORS Chapter 106), "an
individual who has, in person, joined into a civil contract with another
individual of the same sex, provided that each individual is at least 18 years
of age and is otherwise capable, and that at least one of the individuals is a
resident of Oregon."
(26) "Eastern
Oregon" means all counties east of the summit of the Cascade Range including
all of Klamath and Hood River counties.
(27) "Eastern Oregon deer" means any live
deer occurring east of the east boundaries of the Santiam, McKenzie, Dixon,
Indigo and Rogue units.
(28)
"Eligible Hunter" means someone who will be 12 years of age by the time they
hunt.
(29) "Entry permit" means a
permit issued by the Department to be in an area where entry is
restricted.
(30) "Feral Swine"
means animals of the genus Sus as defined by the Oregon Department of
Agriculture in OAR 603-010-0055.
(31) "Fiscal year" means from July 1 through
June 30.
(32) "Furbearers" are
beaver, bobcat, fisher, marten, mink, muskrat, otter, raccoon, red fox, and
gray fox.
(33) "Game Birds" are any
waterfowl, snipe, band-tailed pigeon, mourning dove, pheasant, quail,
partridge, grouse, or wild turkey.
(34) "Game mammals" are pronghorn antelope,
black bear, cougar, deer, elk, moose, Rocky Mountain goat, bighorn sheep, and
western gray squirrel.
(35)
"General season" is any season open to the holder of a valid hunting license
and appropriate game mammal tag without restriction as to the number of
participants.
(36) "Hunter
certification" means to have met educational, safety or other requirements
designated by administrative rule for participation in a hunt.
(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.
(38)
"Husbandry" means the care given animals directly by their owners and managers,
including but not limited to:
(a)
Nutrition;
(b) Breeding
program;
(c) Veterinary medical
care;
(d) Environmental
cleanliness; and
(e) Humane
handling.
(39) "Immediate
family" for the purpose of Landowner Preference, means a landowner's spouse,
children, sons-in law, daughters-in-law, father, mother, brother, brothers-in
law, sister, sisters-in-law, stepchildren, and grandchildren.; for all other
purposes, it means spouse, domestic partner, children, father, mother, brother,
sister, stepchildren, and grandchildren.
(40) "Inedible" means unfit for human
consumption.
(41) "Juvenile hunting
license" is a resident, nonresident hunting license or resident combination
angling and hunting license for persons 9 to 17 years of age to hunt
wildlife.
(42) "Landowner", as used
in OAR chapter 635, division 075, means:
(a) A
person who holds title in trust or in fee simple to 40 or more contiguous acres
of land; provided however that a recorded deed or contract of ownership shall
be on file in the county in which the land is located; and/or
(b) A corporation or Limited Liability
Company (LLC) holding title in fee simple to 40 or more contiguous acres of
land; provided however that the corporation or LLC shall be registered with the
State of Oregon; and/or
(c) A
partnership holding title in fee simple to 40 or more contiguous acres of land;
and/or
(d) Persons who hold title
as part of a time share are not eligible for landowner preference.
(43) "Low Income" means a person
who is "economically disadvantaged" as defined in Section 4(8) of the Federal
Job Training Partnership Act of 1982.
(44) "Mounted Wildlife" means any hide, head
or whole body of wildlife prepared by a licensed taxidermist for
display.
(45) "Muzzleloader" is any
single-barreled (shotguns may be double barreled) long gun meant to be fired
from the shoulder and loaded from the muzzle with an open ignition system and
open or peep sights.
(46) "On or
within" means a straight line distance measured on a map.
(47) "Nonresident" means any person other
than a resident.
(48) "One deer"
means a buck, doe, or fawn deer.
(49) "One elk" means a bull, cow, or calf
elk.
(50) "Outfitter and Guide
Hunt" is an outdoor recreational activity in which the client is physically
accompanied in the field by the registered Outfitter and Guide or the
employee(s) of the registered Outfitter and Guide during the hunt.
(51) "Partner" means a person in an
association of two or more persons formed to carry on as co-owners for
profit.
(52) "Possession" means to
have physical possession or to otherwise exercise dominion or control over any
wildlife or parts thereof, and any person who counsels, aids or assists another
person holding such wildlife is deemed equally in possession.
(53) "Postmark" means the date of mailing as
stated in a mark applied by the U.S. Postal Service to a piece of mail. Office
postal machine meter marks are not valid application deadline
postmarks.
(54) "Predatory animals"
means coyotes, rabbits, rodents, and feral swine which are or may be
destructive to agricultural crops, products and activities.
(55) "Protected wildlife" means "game
mammals" as defined in OAR 635-045-0002(35) "game birds" as defined in
635-045-0002(34), "furbearers" as defined in 635-045-0002(33), "threatened and
endangered species" as defined in 635-100-0125, and "nongame wildlife
protected" as defined in 635-044-0130.
(56) "Pursue" means the act of trailing,
tracking, or chasing wildlife in an attempt to locate, capture, catch, tree, or
kill any game mammal, game bird, or furbearer.
(57) "Raw pelt" means any pelt that has not
been processed or converted to any usable form beyond initial cleaning,
stretching, and drying.
(58)
"Resident" is any person who:
(a) Has
physically resided in Oregon for not less than six consecutive months
immediately prior to the date of making application for a license, tag, or
permit.
(b) Members of the
uniformed services of the United States who:
(A) Are permanently assigned to active duty
in this state, and their spouse and dependent children.
(B) Reside in this state while assigned to
duty at any base, station, shore establishment or other facility in this
state.
(C) Reside in this state
while serving as members of the crew of a ship that has an Oregon port or shore
establishment as its home port or permanent station.
(c) Aliens attending school in Oregon under a
foreign student exchange program.
(d) Except for persons who qualify as
resident in paragraph (b) and (c) above, a "Resident" does not include a
person:
(A) Who merely owns real property or
pays property taxes in this state; or
(B) Who claims resident privileges in another
state or country for any purpose.
(59) "River" is that portion of a natural
water body lying below the level of bankfull stage. Bankfull stage is the stage
or elevation at which overflow of the natural banks of a stream or body of
water begins to inundate the upland.
(60) "Rocky Mountain elk" is any live elk
occurring east of the following described line: Beginning at the California
line on Highway 97; north on Highway 97 to State Highway 26 at Madras;
northwest on Highway 26 to east boundary of Santiam Unit; north along east
boundary of Santiam Unit to the Columbia River.
(61) "Sabot" A carrier, bushing or device in
which a projectile of a smaller caliber is centered so as to permit firing the
projectile within a larger caliber weapon. Cloth, paper or felt patches used
with round balls are not considered a sabot.
(62) "Shotgun" is a smoothbore firearm,
designed for firing birdshot, and intended to be fired from the shoulder, with
a barrel length of 18 inches or more, and with an overall length of 26 inches
or more. Exception: Shotguns equipped with rifled slug barrels are considered
shotguns when used for hunting pronghorn antelope, black bear, cougar, deer, or
elk when centerfire rifles or shotguns are legal weapons.
(63) "Sight bait" is exposed flesh bait
within 15 feet of any foothold trap set for carnivores.
(64) "Spike deer" is a deer with spike
(unbranched) antlers.
(65)
"Spike-only bull elk" means a bull elk with at least one visible unbranched
antler (a brow tine is not considered an antler branch under spike-only
regulations).
(66) "Stockholder" is
a person who owns stock within a corporation as defined in OAR
635-045-0002(42)(b).
(67) "Tag" is
a document authorizing the taking of a designated kind of mammal at a specified
time and place.
(68) "Take" means
to kill or obtain possession or control of any wildlife.
(69) "Three point plus elk" for the purposes
of a bag limit definition, means a bull elk having 3 points or more on one
antler including the brow tine.
(70) "Traditional Bow" is a long bow or
recurve bow only, no compound bows are allowed during "traditional" bow/archery
hunts.
(71) "Unbarbed broadhead" is
a fixed position arrowhead where the rear edge of the blade(s) forms an angle
with the arrow shaft to which it is attached of 90° or greater. Broadheads
with moveable blades that fold/collapse when withdrawn are considered
unbarbed.
(72) "Uniformed Services"
means Army, Navy, Air Force, Marine Corps and Coast Guard, or their reserve
components; the National Guard or Oregon National Guard, commissioned corps of
the National Oceanic and Atmospheric Administration, and the Public Health
Service of the United States Department of health and Human Services detailed
with the Army or Navy.
(73)
"Unprotected Mammals and Birds" are European starling, house sparrow, Eurasian
collared-dove and any mammal species for which there are no closed seasons or
bag limits.
(74) "Valid
certification permit" is a permit for the current season that has not become
invalid after taking a season limit or illegal game bird.
(75) "Veteran" means, for the purpose of
participating in the Veterans and Active Military Personnel Waterfowl Hunting
Day(s), a person who served in the active military, naval, or air service,
[Army, Navy, Air Force, Marine Corps, and Coast Guard] and who was discharged
or released therefrom under conditions other than dishonorable. (section 101 of
title 38, United States Code).
(76)
"Visible Antler" means a velvet or hardened antler that is visible above the
hairline on the skullcap and is capable of being shed.
(77) "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. "Edible portion" of game
mammals (except cougar) means the meat of the front quarters as far down as the
knees (the distal joint of the radius-ulna), meat of the hindquarters as far
down as the hocks (the distal joint of the tibia-fibula), and the meat along
the backbone including the loins (back-strap), and tenderloins. For elk, it
also includes the meat of the neck. "edible portions" of game birds means, at a
minimum, the meat of the breast associated with the sternum.
(78) "Waterfowl" means ducks, geese,
mergansers and coots.
(79) "Weapon"
is any device used to take or attempt to take wildlife.
(80) "West Cascade elk" means any live elk
occurring in the Santiam, McKenzie, Indigo, Dixon, Evans Creek, and Rouge
units.
(81) "Western Oregon" means
all counties west of the summit of the Cascade Range except Klamath and Hood
River counties.
(82) "Western
Oregon deer" is any live deer except the Columbian white-tailed deer occurring
west of the east boundaries of the Santiam, McKenzie, Dixon, Indigo, and Rogue
units.
(83) "Wildlife" means fish,
wild birds, amphibians, reptiles, wild mammals, and feral swine.
(84) "Wildlife" means for the purposes of
harassment to relieve damage described in OAR 635-043-0096 through
635-043-0115, game mammals, game birds except migratory birds protected by
Federal law, furbearing mammals and wildlife declared protected by the
commission.
(85) "Wildlife" means
for the purposes of scientific taking described in OAR 635-043-0023 through
635-043-0045, wild birds, wild mammals, amphibians and reptiles, including
nests, eggs, or young of same.
(86)
"Wildlife" means, for the purposes of the Wildlife Diversity Plan described in
OAR 635-100-0001 through 635-100-0194, fish, shellfish, amphibians, reptiles,
feral swine, wild mammals, wild birds, and animals living intertidally on the
bottom as defined by ORS
506.011.
(88) "Youth" is any "Resident" of Oregon or
Nonresident 12 through 17 years of age.
Notes
Publications: Publications referenced are available from the agency.
Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 496.151, 497.002 & 497.127
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 496.151, 497.002 & 497.127
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