Or. Admin. Code § 635-056-0070

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

Section 635-056-0070 - Controlled Wildlife Species

At the time the commission categorizes a species, subspecies or hybrid as Controlled, it shall also establish the controls necessary to protect native wildlife.

(1) Controlled Mammals:

(2) Controlled Birds:

(a) Mute swans (Cygnus olor): The possession, transport, sale, purchase, exchange and offer to sell, purchase or exchange is allowed provided that all males are neutered and all individuals are surgically pinioned. Importation of any mute swan is prohibited.

(b) Hawks and falcons (families Falconidae and Accipitridae): The capture, possession, propagation, transportation, release, sale, purchase, exchange and disposition of falcons is allowed only as per the requirements of OAR 635 Division 44 (Holding, Propagating Protected Wildlife) and OAR 635 Division 55 (Falconry Licenses, Permits and Requirements).

(c) Game birds: (Anatidae, Columbidae, Tetranidae, Phasianidae, Meleagrididae, Scolopacidae, Gruidae, Rallidae). The possession, propagation, sale, purchase and exchange of game birds is allowed only as per the requirements of OAR 635 division 44 (Holding, Propagating Protected Wildlife).

(d) Unless authorized by the Department, European starling (Sturnus vulgaris), House sparrows (Passer domesticus), or Eurasian Collared Dove (Streptopelia decaocto) may not be imported into Oregon or released into the wild. However, viable eggs, nestlings, fledglings, or adults may be captured from the wild, possessed, bought or sold for any other purpose (including damage control research). No permit is required for such capture and possession.

(3) Controlled Amphibians:

(a) Bullfrog (Rana catesbeiana) including viable eggs, hatchlings, tadpoles, juveniles and adults: No person may import, purchase, sell, barter or exchange, or offer to import, purchase, sell, barter or exchange live bullfrogs. Individual bullfrogs may be collected from the wild and held indoors in an escape proof aquarium as per OAR 635-044-0035. Release is prohibited unless the person first obtains a permit from the Director.

(4) Controlled Reptiles:

(a) Order Crocodylia (Crocodiles, Alligators and Gavials) are considered exotic animals pursuant to ORS 609.305. Therefore, the keeping, breeding and sale of such animals is regulated by ORS 609.205 through 609.355 and OAR 603-011-0705 and 603-011-0706. Those statutes and rules govern the authority of local governments and the Department of Agriculture over those activities concerning these animals. However, the Fish and Wildlife Commission retains authority to regulate release and transport of these animals, and their management if they are released or escape into the wild. It is unlawful to release any member of the order Crocodylia.

Or. Admin. Code § 635-056-0070

FWC 69-1996, f. & cert. ef. 12-20-96; FWC 59-1997, f. & cert. ef. 9-3-97; DFW 63-1998, f. & cert. ef. 8-10-98; DFW 94-1999, f. & cert ef. 12-23-99; DFW 79-2000, f. & cert. ef. 12-22-00; DFW 116-2001, f. & cert. ef. 12-18-01; DFW 53-2008(Temp), f. & cert. ef. 5-28-08 thru 9-19-08; DFW 114-2008, f. & cert. ef. 9-19-08; DFW 15-2011, f. & cert. ef. 2-15-11; DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11; 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: 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Statutes/Other Implemented: 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242