Or. Admin. Code § 635-079-0010

Current through Register Vol. 63, No. 11, November 1, 2024

Section 635-079-0010 - Appointment

(1) To appoint a person as an agent under these rules, the Department and the person must enter into a signed agreement which (at minimum):

(a) Obligates the person to act on the Department's behalf and subject to the Department's direction and control;

(b) Limits the person, when acting on the Department's behalf, to implementing the Department's specific management programs, consistent with the Commission's black bear management plan or Commission's cougar management plan;

(c) Prohibits the person from engaging in any other hunting or pursuit while pursuing black bear or cougar on the Department's behalf;

(d) Obligates the person to promptly inform his or her Department supervisor of any arrest, citation or conviction since application. The appointment is automatically suspended pending disposition of any arrest or citation;

(e) Automatically terminates the appointment if the person is convicted of a felony or any violation of animal cruelty, animal abuse, or domestic abuse laws; the person is convicted of any violation involving illegal drugs or alcohol abuse; the person is convicted of any violation of the wildlife laws; or if the person can no longer legally operate motor vehicles in Oregon;

(f) Automatically terminates the appointment if the Department determines that the person is not trustworthy, fails to carefully obey all directions from the Department, or engages in conduct that reflects poorly on the Department;

(g) Authorizes the person to pursue black bear and/or cougar with dogs at the direction of the Department and in an official capacity; and

(h) Obligates the person to follow all applicable safety and health rules while operating on the Department's behalf.

(2) An agreement with a volunteer agent shall not authorize payment of any compensation or wages to the agent except for the following:

(a) The Department may compensate the agent for vehicle fuel cost incurred while acting for the Department; and

(b) The Department may compensate the agent for dog related expenses incurred while acting for the Department.

(3) An agreement with a person as a private contractor to assist the Department with black bear and/or cougar pursuit using dogs shall provide compensation as per state contracting requirements.

(4) Before pursuing black bear or cougar on the Department's behalf, each agent shall complete an information and training session conducted by the Department. The session shall cover, at a minimum:

(a) Requirements for use of pursuit dogs, firearms, all terrain vehicles and snowmobiles;

(b) A code of conduct for volunteers working on the Department's behalf;

(c) Information regarding the humane capture and euthanasia of wildlife;

(d) Identification of specific areas and boundaries where activities will be conducted; and

(e) Identification of specific timing of when activities will be conducted for the Department.

(5) All activities of agents will be reviewed at least annually.

(6) All agreements and contracts with agents will be available for public review at the Department's main office in Salem.

(7) The Department may terminate appointment of any individual as an authorized volunteer or private contractor agent at any time or for any reason if it determines that the appointment no longer is in the best interest of the state of Oregon. Appointment as an agent conveys no rights or privileges other than those specifically outlined in the agreement or contract, all of which rights or privileges terminate immediately upon termination of the appointment of the agent.

Or. Admin. Code § 635-079-0010

DFW 12-2008, f. & cert. ef. 2-21-08

Stat. Auth.: ORS 496.012, 496.138, 498.164

Stats. Implemented: HB 2971 (Ch.143, OL 2007)