Or. Admin. Code § 635-050-0050 - Definitions
(1) "Contest" means
a manner of take involving a competition, tournament, derby, or other event
that has the objective of killing unprotected mammals native to Oregon for
cash, prizes, or other incentives offered for the amount, quality, size, weight
or other physical characteristics of the unprotected mammals taken.
(2) "Eastern Oregon" means all counties east
of the summit of the Cascade Range, including all of Klamath and Hood River
Counties.
(3) "Furbearers or
furbearing mammals" means beaver, bobcat, fisher, marten, mink, muskrat, river
otter, raccoon, red fox, and gray fox. For any person owning, leasing,
occupying, possessing or having charge of or dominion over any land (or an
agent of this person) who is taking or attempting to take muskrat on that
property, this species is considered to be a predatory animal.
(4) "Killing trap" means a device used to
kill a mammal as part of a killing trap system. A killing trap system is a
system set with the intent to kill a mammal comprising a combination of:
equipment (the trap and trigger configuration), and set (including site
modifications, lures, baits, location and other relevant
requirements).
(5) "Land set" is any
set with a trap or snare other than a water set.
(6) "Predatory animal" means feral swine as
defined by the State Department of Agriculture; or coyotes, rabbits, or rodents
(except beaver), or birds (except game birds and birds that are protected
wildlife) that are or may be destructive to agricultural crops, products or
activities.
(7) "Public trail" is
any trail designated, maintained, mapped and marked by any state or federal
land management agency on the most current official map of the agency; for the
purposes of trapping, water way, water trails designated for floating craft and
public roadways are not considered a "public trail".
(8) "Raw pelt" means any pelt that has not
been processed or converted to any usable form beyond initial cleaning,
stretching, and drying.
(9)
"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.
(D) Resides in another state or a foreign
country and establishes Oregon residency by filing Oregon state income taxes no
later than 12 months before leaving active duty.
(E) A member of the uniformed services who is
not a resident member of the uniformed services, except for the purpose of
purchasing controlled hunt tags issued by the commission.
(c) Aliens attending school in Oregon under a
foreign student exchange program.
(d) 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.
(10) "Restraining trap" means a device used
to capture and restrain (but not kill) a mammal as part of a restraining trap
system. A restraining trap system is a system set with the intent to capture
and restrain (but not kill) a mammal comprising a combination of: equipment
(the trap and the trigger configuration), and set (including site
modifications, lures, baits, location and other relevant
requirements).
(11) "River" means
that portion of a natural water body lying below the level of bankfull stage.
Bankfull stage means the stage or elevation at which overflow of the natural
banks of a stream or body of water begins to inundate the upland.
(12) "Sight bait" means exposed flesh bait,
including whole animal carcasses, within 15 feet of any foothold trap set for
carnivores.
(13) "Trailhead", for
the purposes of trapping, is the area beginning at the sign marking the origin
of a public trail or segment of trail which is designated, maintained, mapped,
and marked by at least one visible sign and includes any adjacent improved
graveled or paved vehicle parking lot. The standard shoulder of the road is not
considered part of the trailhead. Trailheads are marked by at least one visible
sign posted by the responsible state or federal land management agency and
identified on the most current official map of the agency. A trailhead does not
include junctions between trails (posted or not) where there is no motorized
vehicle access, or intersections where a trail crosses a road, or locations
where users have developed an access point, but no improvements have been
provided beyond minimal signage for public safety.
(14) "Unprotected mammals" means, for the
purposes of OAR 635-050-0015 through
635-050-0300, badger, coyote,
gophers (Thomomys bottae, T. bulbivorus, T. mazama, T.
talpoides and T. townsendii), moles (Scapanus
townsendii, S. orarius and S. latimanus), mountain
beaver (Apolodontia rufa), yellowbellied marmots
(Marmonta flaviventris), nutria, opossum, porcupine, spotted
skunk, striped skunk, and weasel, for which there are no closed seasons or bag
limits. For any person owning, leasing, occupying, possessing or having charge
of or dominion over any land (or an agent of this person) who is taking or
attempting to take coyote, gopher, mountain beaver (boomer), marmot, nutria, or
porcupine on that property, these six species are considered to be predatory
animals.
(15) "Water set" is any
trap or snare originally set within a permanent water source or a seasonal
water source when water is present, such that at least a portion of the trap
jaws or snare loop is submerged. If water levels fluctuate, then at each
required trap-check any killing trap with a jaw spread of 7.5 inches or more
originally set in a water set must be removed or adjusted such that at least a
portion of the trap jaws or snare loop is submerged except in tidally
influenced areas when set below the mean high water mark.
(16) "Western Oregon" means all counties west
of the summit of the Cascade Range except Klamath and Hood River Counties.
Notes
Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.002 & 497.006
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