Or. Admin. Code § 635-046-0055
Current through Register Vol. 63, No. 10, October 1, 2024
Section 635-046-0055 - Use of Wildlife for Competitive Hunting Dog Trials(1) To hold a competitive hunting dog trial, a person must possess a "Competitive Hunting Dog Trial Permit" from the Department: (a) If domestically-raised game birds are released.(b) If wildlife is used outside the pursuit or hunting season for that species; or(c) If the trial occurs between March 16 and August 14 (whether domestically-raised game birds are released or not).(2) The applicant (sponsor of the competitive hunting dog trial) must apply for a Competitive Hunting Dog Trial Permit to the Department's wildlife district where the trial will take place. (a) The fee for a Competitive Hunting Dog Trial Permit is $27.00 (plus a $2.00 license agent fee).(b) The application (available online) must be received by the Department at least ten business days prior to the start of a competitive trial via hand-delivery, U.S. Mail, electronic mail, or facsimile.(c) The District Wildlife Biologist or his or her designee will respond to permit applications within 10 business days from the received date.(3) To issue a Competitive Hunting Dog Trial Permit, the Department must determine that the proposed trial will not: (a) Conflict to a significant degree with other authorized activities, including but not limited to land management actions, other permitted trials, or lawful hunting.(b) Result in significant adverse impact to wildlife or wildlife habitat, taking into consideration location, land ownership, designation of site, size, and date of the proposed trial.(4) The Department may approve, approve with conditions, or deny a permit application. (a) If the Department denies the issuance a permit, the Department will provide the applicant with a written explanation and an opportunity to request a hearing to appeal that action.(b) The applicant may appeal the Department's decision by submitting a written request for a contested case hearing to the Department within 10 business days after mailing of the Department's decision.(5) If after issuance of a Competitive Hunting Dog Trial Permit any unforeseen or emergency circumstances necessitate a change to the permit, the Department will, to the maximum extent practicable, work with permittee to exhaust other options to maintain the trial.(6) The following species may be released under a Competitive Hunting Dog Trial Permit: common pheasant (all races of Phasianus colchicus, most commonly ring-necked); California (valley), bobwhite, and Coturnix quail; Hungarian (gray), chukar, and red-legged partridge; or mallards, provided all domestically-raised game birds were lawfully acquired and any mallard used must be a marked bird.(7) Domestically-raised game birds released under a valid Competitive Hunting Dog Trial Permit may be pursued or taken during the course of the permitted trial.(8) Use of recall pens to recapture domestically-raised upland game birds released under a valid Competitive Hunting Dog Trial Permit is allowed on private lands only if all released game birds were marked (except bobwhite and Coturnix quail, or if there is an exception granted as a condition of the permit) and provided that the person operating the recall pen has the original or a copy of the permit.(9) The carcasses of domestically-raised game birds which were lawfully released under a valid Competitive Hunting Dog Trial Permit and subsequently taken during the trial may be possessed in any number by any person, provided that the person holds a copy of the Competitive Hunting Dog Trial Permit or a written note from the permittee describing when, where, and for what purpose the birds were taken.Or. Admin. Code § 635-046-0055
DFW 70-2011, f. 6-15-11, cert. ef. 7-1-11; DFW 139-2015, f. 10-14-15, cert. ef. 1/1/2016; DFW 147-2017, amend filed 11/29/2017, effective 12/1/2017; DFW 179-2018, amend filed 12/04/2018, effective 12/4/2018; DFW 165-2019, amend filed 10/29/2019, effective 12/1/2019Statutory/Other Authority: SB 247 (2015), ORS 496.012, 496.138, 496.146, 498.006 & 498.106
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 498.006 & 498.106