Or. Admin. Code § 635-110-0020

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

Section 635-110-0020 - Harassment and Take of Wolves During Phase II

NOTE: As of June 7, 2019, the portions of these rules regarding harassment and take of wolves are pre-empted in a portion of Oregon by the endangered status of the gray wolf under the federal Endangered Species Act. In the portion of Oregon where federal protections are reduced to a level below that of Oregon law, these rules govern harassment and take of wolves in Oregon.

(1) This rule describes factors and regulations related to harassment and take of wolves during Phase II of the Oregon Wolf Conservation and Management Plan.

(2) Non-injurious harassment of wolves is allowed under the same conditions as in Phase I (OAR 635-110-0010(2)).

(3) Non-lethal injurious harassment.

(a) Non-lethal injurious harassment conducted for the purpose of minimizing wolf-livestock conflict when livestock are present is allowed without a permit on private land by livestock producers (or their agents) on land they own or lawfully occupy. Livestock producers are encouraged to use non-injurious techniques first. There must be no identified circumstance that attracts wolf-livestock conflict, and the harassment must be reported to the Department within 48 hours.

(b) Non-lethal injurious harassment conducted for the purpose of minimizing wolf-livestock conflict when livestock are present is allowed by permit on public land by grazing permittees (or their agents) who are legally using public land under valid livestock grazing allotments and upon the following conditions:

(A) The Department confirms wolf depredation on livestock or other wolf-livestock conflict in the area;

(B) The applicant confers with the Department to determine the most effective harassment method(s);

(C) The Department considers the location of known den sites;

(D) There is no identified circumstance which attracts wolf/livestock conflict; and

(E) The harassment is reported to the Department within 48 hours.

(c) As to non-lethal injurious harassment on either private or public land, pursuing wolves is allowed.

(4) Relocation of wolves will be considered under the same circumstances as in Phase I (OAR 635-110-0010(4)).

(5) Lethal take of wolves in the act of biting, wounding, killing or chasing livestock or working dogs.

(a) A person, or an agent as described in paragraph (b), may lethally take a wolf on land the person owns or lawfully occupies only if:

(A) The wolf is caught in the act of biting, wounding, killing or chasing livestock or working dogs; and

(B) No person has used bait or taken other intentional actions to attract wolves.

(b) A landowner or lawful occupant of land may authorize an agent to enter the land for the purpose of taking wolves pursuant to 5(a) on the landowner or occupant's behalf. The authorization must be in writing, be carried by the agent when wolves are taken, and must include:

(A) The date of issuance of the authorization;

(B) The name, address, telephone number and signature of the person granting authorization;

(C) The name, address, and telephone number of the person to whom authorization is granted; and

(D) The expiration date of the authorization, which may not be later than one year from the issuance date.

(c) Any person who takes a wolf pursuant to 5(a) of these rules must make all reasonable efforts to preserve the scene, not remove or disturb the wolf carcass, and report the take to the Department within 24 hours.

(6) Lethal take to deal with chronic depredation.

(a) The Department may authorize its personnel, authorized agents, or Wildlife Services, to use lethal force on wolves if:

(A) The Department confirms two confirmed depredations by wolves on livestock in the area within a consecutive nine-month period; and

(B) Efforts to prevent or solve the situation through non-lethal means which are appropriate for the situation are documented by the livestock producer, grazing permittee, or representative; and

(C) No identified circumstance exists that attracts wolf-livestock conflict; and

(D) Evidence does not exist of non-compliance with applicable laws, including any harassment or take permit conditions.

(b) Subject to the conditions specified in paragraph (c) and with a limited duration permit from the Department, the following persons may use lethal force to deal with chronic depredation:

(A) Livestock producers (or their agents) on land they own or lawfully occupy; or

(B) Grazing permittees (or their agents) legally using public land.

(c) The Department will issue a permit to use lethal force to deal with chronic depredation only if:

(A) The Department confirms that the area has had at least two confirmed depredations by wolves on livestock in the area within a consecutive nine-month period;

(B) The Department determines that wolves are a significant risk to livestock present in the area;

(C) There is no identified circumstance which attracts wolf/livestock conflict;

(D) The applicant is in compliance with applicable laws and the terms of any previous wolf permit;

(E) Efforts to prevent or solve the situation through non-lethal means which are appropriate for the situation are documented by livestock producer, grazing permittee, or representative; and

(F) Any wolf taken under this rule is property of the state and reported to the Department within 24 hours.

Or. Admin. Code § 635-110-0020

DFW 12-2005, f. & cert. ef. 3-9-05; DFW 144-2010, f. & cert. ef. 10-11-10; DFW 42-2013(Temp), f. & cert. ef 5-23-13 thru 11-17-13; DFW 73-2013, f. & cert. ef. 7-12-13; DFW 2-2014, f. & cert. ef. 1-14-14; DFW 76-2019, amend filed 06/17/2019, effective 6/17/2019

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

Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 498.002, 498.006, 498.012 & 498.014