Or. Admin. Code § 635-050-0050
Current through Register Vol. 63, No. 10, October 1, 2024
Section 635-050-0050 - Definitions(1) "Contest" means a manner of take involving a competition, tournament, derby, or other event that has the objective of killing unprotected mammals native to Oregon for cash, prizes, or other incentives offered for the amount, quality, size, weight or other physical characteristics of the unprotected mammals taken.(2) "Eastern Oregon" means all counties east of the summit of the Cascade Range, including all of Klamath and Hood River Counties.(3) "Furbearers or furbearing mammals" means beaver, bobcat, fisher, marten, mink, muskrat, river otter, raccoon, red fox, and gray fox. For any person owning, leasing, occupying, possessing or having charge of or dominion over any land (or an agent of this person) who is taking or attempting to take muskrat on that property, this species is considered to be a predatory animal.(4) "Killing trap" means a device used to kill a mammal as part of a killing trap system. A killing trap system is a system set with the intent to kill a mammal comprising a combination of: equipment (the trap and trigger configuration), and set (including site modifications, lures, baits, location and other relevant requirements).(5) "Land set" is any set with a trap or snare other than a water set.(6) "Predatory animal" means feral swine as defined by the State Department of Agriculture; or coyotes, rabbits, or rodents (except beaver), or birds (except game birds and birds that are protected wildlife) that are or may be destructive to agricultural crops, products or activities.(7) "Public trail" is any trail designated, maintained, mapped and marked by any state or federal land management agency on the most current official map of the agency; for the purposes of trapping, water way, water trails designated for floating craft and public roadways are not considered a "public trail".(8) "Raw pelt" means any pelt that has not been processed or converted to any usable form beyond initial cleaning, stretching, and drying.(9) "Resident" is any person who:(a) Has physically resided in Oregon for not less than six consecutive months immediately prior to the date of making application for a license, tag, or permit.(b) Members of the uniformed services of the United States who: (A) Are permanently assigned to active duty in this state, and their spouse and dependent children.(B) Reside in this state while assigned to duty at any base, station, shore establishment or other facility in this state.(C) Reside in this state while serving as members of the crew of a ship that has an Oregon port or shore establishment as its home port or permanent station.(D) Resides in another state or a foreign country and establishes Oregon residency by filing Oregon state income taxes no later than 12 months before leaving active duty.(E) A member of the uniformed services who is not a resident member of the uniformed services, except for the purpose of purchasing controlled hunt tags issued by the commission.(c) Aliens attending school in Oregon under a foreign student exchange program.(d) Resident does not include a person: (A) Who merely owns real property or pays property taxes in this state; or(B) Who claims resident privileges in another state or country for any purpose.(10) "Restraining trap" means a device used to capture and restrain (but not kill) a mammal as part of a restraining trap system. A restraining trap system is a system set with the intent to capture and restrain (but not kill) a mammal comprising a combination of: equipment (the trap and the trigger configuration), and set (including site modifications, lures, baits, location and other relevant requirements).(11) "River" means that portion of a natural water body lying below the level of bankfull stage. Bankfull stage means the stage or elevation at which overflow of the natural banks of a stream or body of water begins to inundate the upland.(12) "Sight bait" means exposed flesh bait, including whole animal carcasses, within 15 feet of any foothold trap set for carnivores.(13) "Trailhead", for the purposes of trapping, is the area beginning at the sign marking the origin of a public trail or segment of trail which is designated, maintained, mapped, and marked by at least one visible sign and includes any adjacent improved graveled or paved vehicle parking lot. The standard shoulder of the road is not considered part of the trailhead. Trailheads are marked by at least one visible sign posted by the responsible state or federal land management agency and identified on the most current official map of the agency. A trailhead does not include junctions between trails (posted or not) where there is no motorized vehicle access, or intersections where a trail crosses a road, or locations where users have developed an access point, but no improvements have been provided beyond minimal signage for public safety.(14) "Unprotected mammals" means, for the purposes of OAR 635-050-0015 through 635-050-0300, badger, coyote, gophers (Thomomys bottae, T. bulbivorus, T. mazama, T. talpoides and T. townsendii), moles (Scapanus townsendii, S. orarius and S. latimanus), mountain beaver (Apolodontia rufa), yellowbellied marmots (Marmonta flaviventris), nutria, opossum, porcupine, spotted skunk, striped skunk, and weasel, for which there are no closed seasons or bag limits. For any person owning, leasing, occupying, possessing or having charge of or dominion over any land (or an agent of this person) who is taking or attempting to take coyote, gopher, mountain beaver (boomer), marmot, nutria, or porcupine on that property, these six species are considered to be predatory animals.(15) "Water set" is any trap or snare originally set within a permanent water source or a seasonal water source when water is present, such that at least a portion of the trap jaws or snare loop is submerged. If water levels fluctuate, then at each required trap-check any killing trap with a jaw spread of 7.5 inches or more originally set in a water set must be removed or adjusted such that at least a portion of the trap jaws or snare loop is submerged except in tidally influenced areas when set below the mean high water mark.(16) "Western Oregon" means all counties west of the summit of the Cascade Range except Klamath and Hood River Counties. Or. Admin. Code § 635-050-0050
FWC 140, f. & ef. 8-29-77; FWC 44-1978, f. & ef. 9-1-78; FWC 37-1979, f. & ef. 8-29-79; FWC 35-1980, f. & ef. 7-2-80; FWC 47-1980, f. & ef. 9-17-80; FWC 21-1981, f. & ef. 6-29-81, Renumbered from 635-050-0010; FWC 43-1982, f. & ef. 7-9-82; FWC 45-1982, f. & ef. 7-12-82; FWC 27-1983, f. & ef. 7-8-83; FWC 58-1983, f. & ef. 10-19-83; FWC 52-1984, f. & ef. 9-5-84; FWC 44-1985, f. & ef. 8-22-85; FWC 79-1988, f. & cert. ef. 9-2-88; FWC 59-1989, f. & cert. ef. 8-15-89; FWC 70-1990, f. & cert. ef. 7-25-90; FWC 49-1994, f. & cert. ef. 8-12-94; FWC 46-1997, f. & cert. ef. 8-13-97; DFW 82-2010, f. & cert. ef. 6-15-10; DFW 56-2012, f. & cert. ef. 6-11-12; DFW 52-2013, f. & cert. ef. 6-10-13; DFW 75-2018, amend filed 06/20/2018, effective 6/20/2018; DFW 70-2022, amend filed 06/23/2022, effective 6/23/2022; DFW 104-2023, amend filed 10/02/2023, effective 10/2/2023; DFW 51-2024, amend filed 06/26/2024, effective 6/26/2024Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162
Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.002 & 497.006