Or. Admin. Code § 635-435-0005 - Definitions
For the purposes of these rules the following definitions apply:
(1) "Agent" means an individual
or business conducting wildlife control activities for a fee for a property
owner, legal occupant, local jurisdiction or agency to take furbearers,
unprotected mammals, wild turkeys and western gray squirrels for the purpose of
reducing property damage, removing nuisance animals, or resolving public health
threat or safety concerns caused by wildlife.
(2) "Damage" means loss of or harm inflicted
on land, livestock or agricultural or forest crops.
(3) "Department" means Oregon Department of
Fish and Wildlife.
(4) "Display for
public exhibit" means to place or locate wldlife so that it may be viewed or
accessed directly by the public.
(5)
"Euthanasia" means to humanely end the life of an individual animal by a person
in a way that minimizes or eliminates pain and distress as defined in the
"American Veterinary Medical Association (AVMA) Guidelines for the Euthanasia
of Animals: 2020 Edition."
(6)
"Forestland" means land that is used for the growing and harvesting of forest
tree species, regardless of how the land is zoned or taxed or how any state or
local statutes, ordinances, rules or regulations are applied.
(7) "Furbearers" are beaver, bobcat, fisher,
marten, mink, muskrat, 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 beaver or
muskrat on that property, these two species are considered predatory
animals.
(8) "Notification" means
that the Wildlife Control Operator (WCO) conducting wildlife control activities
has been contacted by the client or designee by phone, text, email, fax, or in
person that a trap has been closed, with a live animal inside.
(9) "Possess" means to have control or
exercise dominion over any wildlife or wildlife parts (OAR
635-045-0002(53).
(10) "Predatory animals" means coyotes,
rabbits, rodents (except beaver), and feral swine which are or may be
destructive to agricultural crops, products and activities (ORS
610.002 &
610.105). This definition is
applicable where wildlife is taken under the authority of one who owns leases,
occupies, possesses or has charge or dominion over the land. Muskrats, western
gray squirrels (Sciuris griseus), gophers, mountain beaver (boomer), marmot,
nutria, and porcupine causing damage on private property are defined as
predatory animals under ORS
610.002.
(11) "Prohibited species" means wildlife that
the commission has placed on the Prohibited list in its Wildlife Integrity
Rules (OAR 635-056-0050 &
635-056-0130).
(12) "Protected wildlife" means any species
that meets any of the following definitions: "game mammals" as defined in OAR
635-045-0002, "game birds" as
defined in OAR 635-045-0002, "furbearers" as
defined in OAR 635-045-0002, "threatened and
endangered species" as listed in OAR
635-100-0125, or "nongame
wildlife protected" as defined in OAR
635-044-0130 or is otherwise
protected by statute or law.
(13)
"Public Nuisance" means loss of or harm inflicted on persons, gardens,
ornamental plants, ornamental trees, pets, vehicles, boats, structures, or
other personal property (ORS
498.012).
(14) "Unprotected Mammals" means 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 (Marmota flaviventris),
nutria, opossum, porcupine, spotted skunk, striped skunk, and weasel. 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, gophers, mountain beaver (boomer), marmot, nutria, or porcupine on that
property, these six species are considered to be predatory animals.
(15) "Wildlife Control Operator" (WCO) means
an agent, who is the principal manager or business owner, or employee of the
business listed on the WCO permit and responsible for activities conducted in
the course of wildlife control activities.
(16) "Wild Turkey" means turkeys (Meleagris
gallopavo) that are free roaming on public or private lands and not being held
under domestic management confinement and where there has been no report to the
Department and/or local authorities from a landowner, manager, or occupant or
their representative of specifically identified and described turkey(s) having
escaped domestic management confinement.
Notes
Statutory/Other Authority: ORS 496.138, ORS Ch. 496.012, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.138, ORS Ch. 496.012, 496.146 & 496.162
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