Or. Admin. Code § 635-045-0002

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

Section 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) "Motor Vehicle" or "Motor-Propelled Vehicle" is any land vehicle or device which has a motor, either permanently or temporarily affixed, is capable of either motor-assisted-propulsion or self-propulsion and is capable of transporting a person or persons or any material or cargo.

(45) "Mounted Wildlife" means any hide, head or whole body of wildlife prepared by a licensed taxidermist for display.

(46) "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 open or peep sights.

(47) "On or within" means a straight line distance measured on a map.

(48) "Nonresident" means any person other than a resident.

(49) "One deer" means a buck, doe, or fawn deer.

(50) "One elk" means a bull, cow, or calf elk.

(51) "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.

(52) "Partner" means a person in an association of two or more persons formed to carry on as co-owners for profit.

(53) "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.

(54) "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.

(55) "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.

(56) "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 635-044-0430.

(57) "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.

(58) "Raw pelt" means any pelt that has not been processed or converted to any usable form beyond initial cleaning, stretching, and drying.

(59) "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.

(60) "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.

(61) "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.

(62) "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.

(63) "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.

(64) "Sight bait" is exposed flesh bait within 15 feet of any foothold trap set for carnivores.

(65) "Spike deer" is a deer with spike (unbranched) antlers.

(66) "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).

(67) "Stockholder" is a person who owns stock within a corporation as defined in OAR 635-045-0002(42)(b).

(68) "Tag" is a document authorizing the taking of a designated kind of mammal at a specified time and place.

(69) "Take" means to kill or obtain possession or control of any wildlife.

(70) "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.

(71) "Traditional Bow" is a long bow or recurve bow only, no compound bows are allowed during "traditional" bow/archery hunts.

(72) "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.

(73) "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.

(74) "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.

(75) "Valid certification permit" is a permit for the current season that has not become invalid after taking a season limit or illegal game bird.

(76) "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).

(77) "Visible Antler" means a velvet or hardened antler that is visible above the hairline on the skullcap and is capable of being shed.

(78) "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.

(79) "Waterfowl" means ducks, geese, mergansers and coots.

(80) "Weapon" is any device used to take or attempt to take wildlife.

(81) "West Cascade elk" means any live elk occurring in the Santiam, McKenzie, Indigo, Dixon, Evans Creek, and Rouge units.

(82) "Western Oregon" means all counties west of the summit of the Cascade Range except Klamath and Hood River counties.

(83) "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.

(84) "Wildlife" means fish, wild birds, amphibians, reptiles, wild mammals, and feral swine.

(85) "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.

(86) "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.

(87) "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) "Wildlife unit" is a geographic area described in OAR 635-080-0000 through 635-080-0077.

(89) "Youth" is any "Resident" of Oregon or Nonresident 12 through 17 years of age.

Or. Admin. Code § 635-045-0002

FWC 47-1989, f. & cert. ef. 7-25-89; FWC 104-1989, f. & cert. ef. 9-29-89; FWC 14-1990, f. & cert. ef. 2-2-90; FWC 22-1990, f. & cert. ef. 3-21-90; FWC 17-1991, f. & cert. ef. 3-12-91; FWC 33-1991, f. & cert. ef. 3-25-91; FWC 50-1991, f. & cert. ef. 5-13-91; FWC 57-1991, f. & cert. ef. 6-24-91; FWC 9-1993, f. & cert. ef. 2-8-93; FWC 6-1994, f. & cert. ef. 1-26-94; FWC 20-1995, f. & cert. ef. 3-6-95; FWC 63-1995, f. & cert. ef. 8-3-95; FWC 21-1996, f. & cert. ef. 5-1-96; FWC 50-1996, f. & cert. ef. 8-30-96; FWC 38-1997, f. & cert. ef. 6-17-97; FWC 53-1997, f. & cert. ef. 9-3-97; FWC 71-1997; f. & cert. ef. 12-29-97; DFW 1-1999, f. & cert. ef. 1-14-99; DFW 47-1999, f. & cert. ef. 6-16-99; DFW 92-1999, f. 12-8-99, cert. ef. 1-1-00; DFW 30-2000, f. & cert. ef. 6-14-00; DFW 82-2000, f. 12-21-00, cert. ef. 1-1-01; DFW 73-2001, f. & cert. ef. 8-15-01; DFW 121-2001, f. 12-24-01, cert. ef. 1-1-02; DFW 2-2003, f. & cert. ef. 1-17-03; DFW 118-2003, f. 12-4-03, cert. ef. 1-1-04; DFW 142-2005, f. & cert. ef. 12-16-05; DFW 127-2006, f. 12-7-06, cert. ef. 1-1-07; DFW 68-2007, f. & cert. ef. 8-14-07; DFW 118-2007, f. 10-31-07, c ert. ef. 1-1-08; DFW 52-2008, f. & cert. ef. 5-28-08; DFW 150-2008, f. 12-18-08, cert. ef. 1-1-09; DFW 108-2009, f. & cert. ef. 9-8-09; DFW 140-2009, f. 11-3-09, cert. ef. 1-1-10; DFW 168-2010, f. 12-29-10, cert. ef. 1-1-11; DFW 103-2012, f. & cert. ef. 8-6-12; DFW 147-2012, f. 12-18-12, cert. ef. 1-1-13; DFW 117-2013, f. & cert. ef. 10-10-13; DFW 63-2014, f. & cert. ef. 6-10-14; DFW 158-2015, f. & cert. ef. 11/25/2015; DFW 20-2017, f. & cert. ef. 3/2/2017; DFW 179-2018, amend filed 12/04/2018, effective 12/4/2018; DFW 16-2019, amend filed 02/04/2019, effective 2/4/2019; DFW 180-2019, amend filed 12/19/2019, effective 12/19/2019; DFW 60-2020, temporary amend filed 05/19/2020, effective 5/19/2020 through 10/6/2020; DFW 103-2020, amend filed 08/13/2020, effective 8/13/2020; DFW 154-2020, amend filed 12/18/2020, effective 12/18/2020; DFW 183-2021, amend filed 12/30/2021, effective 12/30/2021; DFW 37-2023, amend filed 05/01/2023, effective 5/1/2023; DFW 51-2024, amend filed 06/26/2024, effective 6/26/2024

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