Or. Admin. Code § 635-062-0040

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

Section 635-062-0040 - Disposition of Wildlife

(1) Any wildlife, carcasses, or parts of wildlife from Oregon held under an Oregon Wildlife Rehabilitation Permit remain the property of the State of Oregon (through the Department) and nothing in these rules may be construed as granting any ownership interest to a permittee or any other person. Wildlife held under an Oregon Wildlife Rehabilitation Permit cannot be sold, traded, bartered, transferred, loaned or exchanged unless otherwise authorized in writing by the local Department district wildlife biologist.

(2) To avoid habituation of rehabilitated animals, permittees, subpermittees, and volunteers must minimize contact between humans and wildlife undergoing rehabilitation, including the following minimum requirements:

(a) Human contact must be limited to the rehabilitation facility staff to the extent necessary for adequate rehabilitation care;

(b) Wildlife must not be habituated to humans or treated as pets;

(c) Wildlife must not be placed in view of the public. However, it is acceptable to make use of a remote video camera for observation purposes by rehabilitation staff and the public;

(d) Rehabilitation facilities must be located in areas separate from day to day human and domestic animal activity. Outdoor facilities must have visual barriers separating wildlife, humans and domestic animals;

(e) No permittee may possess an imprinted or habituated animal. If the permittee causes or comes into possession of an imprinted or habituated animal, the permittee must surrender the animal to the Department for placement in an approved facility or euthanize it, as directed by the local Department district wildlife biologist.

(3) A permittee must release rehabilitated wildlife:

(a) When the wildlife reaches physical maturity and is capable of self-maintenance or has attained adequate recovery from injury or illness;

(b) At a time of year appropriate for optimum species survivability;

(c) Within suitable habitat close to the point of origin, with prior approval from the local Department district wildlife biologist.

(d) Deer, elk, pronghorn antelope, bighorn sheep, mountain goat, or moose received by a wildlife rehabilitator and born during the year received may be held and rehabilitated from birth through September 30 of the year received and must be released to the wild prior to September 30 of the year received. Extenuating circumstances requiring holding of orphaned ungulates beyond September 30 requires written approval by the local Department district wildlife biologist.

(4) A permittee may not hold wildlife for rehabilitation longer than 180 days unless authorized in writing by the Department. If a permittee or the Department determines that an animal is incapable of survival in the wild, the permittee must euthanize the animal or upon Department direction, provide the animal to an AZA-accredited facility or other approved educational organization or institution.

(5) If a permittee has possession of wildlife that, after medical attention, is unable to feed, move, or stand to conduct normal life support functions to survive in the wild, the permittee must euthanize the animal unless given alternative instruction by the Department.

(6) A permittee must bury or incinerate any wildlife in their possession that die due to poisoning or infectious disease.

(a) Wildlife dying of other causes must be disposed of by burying, incineration, use as food for other rehabilitating wildlife, or retained for educational purposes if appropriate permits or letter of authorization from the local Department district wildlife biologist has been obtained.

(b) Any wildlife chemically euthanized must be buried or incinerated to avoid secondary toxicity by scavenging animals.

(c) Notwithstanding these restrictions, the local Department district wildlife biologist may approve in writing the disposal of wildlife carcasses to institutions, museums, licensed rendering facilities, or other persons possessing the appropriate permits.

(d) A permittee may retain feathers of migratory birds for use in repair of broken wing and tail feathers (imping) or for educational purposes if authorized by the appropriate permit from the USFWS.

Or. Admin. Code § 635-062-0040

DFW 163-2015, f. & cert. ef. 12/9/2015

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222, 498.242