Or. Admin. Code § 635-200-0135

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

Section 635-200-0135 - Sale of Covered Animal Species

(1) Except as otherwise provided in ORS 498.022 or Subsection (2) of this section, a person may not purchase, sell, offer for sale, or possess with intent to sell any item that the person knows or should know is a covered animal species part or product. There is a presumption of possession with intent to sell a covered animal species part or product when the part or product is possessed by a retail or wholesale establishment or other forum engaged in the business of buying or selling of similar items. This rebuttable presumption does not preclude a finding of intent to sell based on any other evidence that may serve to independently establish such intent.

(2) Subsection (1) of this rule does not apply:

(a) To employees or agents of federal or state government undertaking any law enforcement activities pursuant to federal or state law or any mandatory duties required by federal or state law;

(b) When the activity is expressly authorized by federal law;

(c) When the activity involves a species that is subject to a federal management plan under Title III of P.L. 94-265 (16 U.S.C. 1851-1869), as amended; or

(d) When the activity is exempt under ORS 498.257(3) or 509.160(3);

(e) When the covered animal species part or product is a fixed component of an antique that is not made wholly or primarily of the covered animal species part or product, provided that the antique status is established by the owner or seller thereof with documentation evidencing provenance and showing the covered animal species part or product to be at least 100 years old as of July 1, 2017 and provided that the total weight of covered animal species part or product is less than 200 grams.

(f) When the covered animal species part or product is a fixed component of a musical instrument, including, but not limited to, string instruments and bows, wind and percussion instruments, and pianos; provided that the instrument was legally acquired and provided that the total weight of covered animal species part or product is less than 200 grams.

(g) To the noncommercial transfer of ownership of a covered animal species part or product to a legal beneficiary of estate, trust or other inheritance;

(h) To the possession of a covered animal species part or product by any enrolled member of a federally recognized Indian tribe; or

(i) To the sale of a covered animal species part or product by or to a bona fide scientific or educational institution when the sale is made pursuant to a written gift agreement or similar instrument entered into before July 1, 2017.

(3) The Department may permit the purchase, sale or donation of covered animal species parts or products for scientific or educational purposes by or to a bona fide scientific or educational institution as defined in ORS 498.022(h)(A); if

(a) The covered animal species part or product was legally acquired;

(b) The purchase, sale or donation is made pursuant to a written gift agreement or similar instrument on or ater July 1, 2017;

(c) The purchase, sale or donation is not prohibited by federal law;

(d) The permit applicant submits documentation to the Department detailing the proposed transaction, including the type of covered animal species part or product to be purchased, sold or exchanged and the source of the covered animal species part or product; and

(e) The bona fide scientific or educational institution keeps, and provides to the Department, documentation from the transaction detailing the type of covered animal species part or product acquired and the source of the part or product.

(4) A person who sells, offers to sell, or possess with the intent to sell parts or products that closely resembles material from a covered animal species must, upon request by the Department, immediately provide proof that the material used for the part or product is not from a covered animal species.

Or. Admin. Code § 635-200-0135

DFW 90-2017(Temp), f. & cert. ef. 7-14-17 thru 12-31-17; DFW 152-2017, adopt filed 12/19/2017, effective1/1/2018

Statutory/Other Authority: 496.012, 496.138, 496.146, 498.022, 498.026 & 506.025

Statutes/Other Implemented: 496.012, 496.138, 496.146, 498.022, 498.026 & 506.025