Or. Admin. Code § 635-002-0008

Current through Register Vol. 63, No. 12, December 1, 2024

Section 635-002-0008 - Disposition of Wildlife Taken on Damage

In accordance with ORS 498.012, any wildlife taken on damage shall be disposed of in the following manner:

(1) Except as provided in section (2) of this rule, any deer, elk, antelope, bighorn sheep or gamebird shall be salvaged and delivered to a location determined by the Department. Carcasses shall be disposed of as directed by OAR 635-002-0005.

(2) Any elk taken on a kill permit outside of established shooting hours for game mammals from August 1 to March 31, and at any time from April 1 to July 31, shall be salvaged and disposed of in the following manner as directed by the Department:

(a) Donated to public and charitable institutions such as welfare organizations, churches, and others provided the receiving institution pays all storage and handling charges and does not sell the meat; or

(b) Donated to the landowner or landowner's designee(s) (including landowner agents) with the following provisions:

(A) The landowner or landowner's immediate family may receive only one elk of the total number of permits provided to the landowner in the 12-month period from August 1 to July 31;

(B) Any designee or designee's immediate family may receive only one elk in the 12-month period from August 1 to July 31;

(C) Name, date and address of physical residence for each recipient shall be documented with Department;

(D) The heads, including antlers, of all elk must be submitted to the Department unless otherwise specified by the local District Wildlife Biologist;

(E) No portion of any elk received pursuant to this rule may be sold, bartered, or exchanged; and

(F) When an elk taken on a kill permit or part thereof is transferred to the possession of another person, a written record shall accompany such transfer and include:

(i) A description of the elk part or portion transferred;

(ii) The name and physical residence address of the person who was the original recipient of the elk;

(iii) The kill permit number;

(iv) The date and time of transfer; and

(v) The written record shall remain with the elk or part so long as the same is preserved.

(3) Black bear taken on damage shall be disposed of in the following manner:

(a) The carcass and hide, including gall bladder and female reproductive tract, shall be delivered to a location determined by the Department;

(b) The department may permit the landowner to retain the carcass including hide, skull, paws, claws, and meat (but not the gall bladder) for personal use. The hide, head, paws, claws, and meat may not be sold or bartered.

(A) If the landowner chooses to retain the carcass he/she must sign a written release provided by the department acknowledging the proper methods of preparation for human consumption, accepting the carcass as is, and that the meat will not be offered for sale;

(B) If the carcass, including hide, skull, paws and claws or meat, is transferred to another person, written documentation must be provided as outlined in OAR 635-065-0765(5).

(c) If the landowner chooses not to retain the carcass, including the hide, skull, paws, claws, and meat, the carcass shall be disposed of as directed in OAR 635-002-0007.

(d) The hide, skull, paws, claws, and gall bladder shall be salvaged and disposed of in a manner determined by the department. Options for disposition include but are not limited to scientific, enforcement, or educational purposes.

(4) Any cougar taken when damaging livestock shall be disposed of in the following manner:

(a) The carcass and hide, including viscera, shall be delivered to a location determined by the Department;

(b) The Department may permit the landowner to retain the legally marked hide and carcass, including the skull of such cougar for personal use. Such skull, hide, and carcass, including feet and claws, may not be sold or bartered;

(c) Such hide shall be marked with a possession tag which shall remain with the hide.

(5) Any red fox or bobcat shall be disposed of in a manner determined by the Department. Priority for disposition shall be for scientific, enforcement, or educational purposes.

(6) Any beaver shall be disposed of in the following manner:

(a) As directed by the Department. Priority for disposition shall be for scientific, enforcement, or educational purposes. The Department may permit a landowner to retain the carcass, including pelt, for personal use.

(b) Beaver taken on private forestland pursuant to 635-043-0070(4)(b) shall be released to the landowner or the agent of the landowner upon request of the landowner.

Or. Admin. Code § 635-002-0008

FWC 32-1991, f. & cert. ef. 3-25-91; DFW 96-1998, f. & cert. ef. 11-25-98; DFW 41-2006, f. & cert. ef. 6-14-06; DFW 163-2019, amend filed 10/18/2019, effective 10/18/2019; DFW 8-2020, amend filed 01/27/2020, effective 1/27/2020; DFW 55-2024, amend filed 06/28/2024, effective 7/1/2024; DFW 80-2024, amend filed 09/16/2024, effective 9/16/2024

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.012, 498.022 & 498.032

Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.012, 498.022 & 498.032