Or. Admin. Code § 635-200-0010

Current through Register Vol. 63, No. 10, October 1, 2024

Section 635-200-0010 - Definitions

(1) Unless specifically stated otherwise in this rule, terms used in this division retain the meaning accorded them under other divisions of OAR chapter 635 and the governing statutes.

(2) "Bona fide scientific or educational institution means":

(a) A career school granted authority to operate under ORS 341;

(b) A community college established under ORS chapter 345.010 to 345.450;

(c) An education service district as defined in ORS 334.003;

(d) The Oregon Health and Science University;

(e) A public high school;

(f) A public university listed in ORS 352.002;

(g) Any institution not otherwise listed in the subparagraph that is exempt from ORS 348.594 to 348.615 under ORS 348.597(2); or a zoo or aquarium that is accredited under standards the equal or exceed the accreditation standards of the Association of Zoos and Aquariums in effect on the effective date of this 2017 Act.

(3) "Cervid" is defined in OAR 635-045-0002.

(4) "Covered animal species" means:

(a) Elephant - Elephantidae - All species

(b) Rhinoceros - Rhinocerotidae - All Species

(c) Whale - Cetacea - All Species

(d) Tiger - Felidae - Panthera tigris

(e) Lion - Felidae - Panthera leo

(f) Leopard - Felidae - Panthera pardus, Neofelis diardi, Neofelis nebulosi, Uncia uncia

(g) Cheetah - Felidae - Acinonyx jubatus

(h) Jaguar - Felidae - Panthera onca

(i) Pangolin - Manidae - All species

(j) Marine and Leatherback turtles - Cheloniidae and Dermochelyidae - All Species

(k) Shark - all species - excluding spiny dogfish as defined in ORS 498.257(1), and excluding species obtained by an activity expressly authorized by federal law or an activity that involves a species that is subject to a federal management plan under Title III of P.L. 94-265 as amended (Magnuson-Steven Act).

(l) Ray - all species - excluding species obtained by an activity expressly authorized by federal law or an activity that involves a species that is subject to a federal management plan under Title III of P.L. 94-265 as amended (Magnuson-Stevens Act), and all species of skate (Rajiformes).

(5) "Covered animal species part or product" means any item that contains, or is wholly or partially made from, any covered animal species and does not include excrement.

(6) "Furtaker" means a holder of a furtaker's license or a hunting license for furbearers.

(7) "Furbearer" and "furbearing mammals" are defined in OAR 635-050-0050.

(8) "Processed" means a hide, pelt, or cape that has been:

(a) Permanently preserved through a process such as tanning, freeze-drying or converting to rawhide (but not including salting, drying or freezing); or

(b) Converted into a handcrafted item.

(9) "Person: means any individual, firm, partnership, joint venture, corporation, limited liability company, joint stock company, estate, trust, receiver, syndicate, association, or other legal entity.

(10) "Raw pelt" is defined in OAR 635-049-0005.

(11) "Road-killed" means struck and killed by a motor vehicle.

(12) "Total value" means either the fair market value or the actual price paid for a covered animal species part or product, whichever is greater.

(13) "Sale" or "sell" of covered animal species part or product means an act of selling, exchanging, trading, or bartering for monetary or non-monetary consideration, and includes any transfer of ownership that occurs in the course of a commercial transaction, but does not include a nonmonetary transfer of ownership by way of gift, donation, or bequest.

(14) "Unprocessed" means not processed, as defined in this rule.

(15) "Unprotected Mammals" is defined in OAR 635-050-0050.

Or. Admin. Code § 635-200-0010

DFW 96-1998, f. & cert. ef. 11-25-98; DFW 90-2017(Temp), f. & cert. ef. 7-14-17 thru 12-31-17; DFW 152-2017, amend filed 12/19/2017, effective 1/1/2018

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042

Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.019, 498.022 & 498.042