The future of our tradition in Oregon.....
Posted: Fri Nov 19, 2010 2:48 pm
First I would like to thank all of you who have taken time out of your day to attend meetings and commission meetings over the past year.
Two years ago Oregon United Sporting Dog Association members elected to “abolish” the “Bird Nesting Law”. After meetings and hours and hours on the phone a strategy was developed.
• First we addressed the fact that ONLY houndsmen where being charged.
We argued that the largest majority of the hound breed has been “broke” from, or is in the process of being “broke” off big game. We noted that the majority of houndsmen use e-collars for correction and containment, while most other dog owners make no effort to deter harassment of wildlife.
• Second we argued the constitutionality of the rule.
Basically does ODF&W have the authority to regulate how a pet owner or livestock owner cares for their pet whether it is on public or private land?
This crated a flood of discussion with the Secretary of the State about interpretation of the Oregon Constitution. I only wish you could have seen the shoulder shrugging when we argued this point.
We worked close with ODF&W to re-think and re-write the “Dog Rules”. We think this is a HUGE step in the right direction for Oregon houndsmen. We can only hope this is a trend that continues.
Next will be the “cougar issue” so please get involved. Become a member of OUSDA today! Being able to walk into a meeting and say you represent 4 or 5 hundred motivated sporting dog owners\VOTERS would be powerful.
Please read over the following text and attend a meeting in your area. If you have comments or ideas for us please contact your local OUSDA director or myself.
Meeting dates are posted at the bottom......
Dog and Raptor Training Rules Revision Backgrounder
The purpose of the dog and raptor training rules revision is to 1) carry out the provisions of Oregon Revised Statute 498.106 which relates to competitive field trials for hunting dogs and 2) explain the conditions under which commercial and individual dog and raptor training using wildlife can be lawfully conducted. The revised rules are consistent with ODFW’s wildlife management objectives, policies, and Fish and Wildlife Commission guidance.
The rules are intended for all types of dog and raptor training involving wildlife, not just game birds. They apply to training related to hunting wildlife, and do not apply to pet obedience, search and rescue, or agility training. Also, the rules do not apply to the use of inanimate devices or bird wings used for training. However, other statutes and rules protect livestock or wildlife from dogs running at large.
ODFW’s intent is to relax and clarify the current rules, which are inconsistent with most commercial and recreational dog and raptor training taking place. One of the biggest issues is that dog and raptor trainers are releasing their captive-raised birds without a permit. By state statute, even captive-raised birds are considered wildlife, so a permit is needed to release them and they may only be taken during hunting seasons. Proposed new rules will give dog and raptor trainers a way to lawfully release and take their birds.
Further, under the current rules, dog training and allowing dogs to run at large is unlawful in areas considered game bird nesting habitat or productive wildlife habitat from April-July each year. Proposed new rules will end these prohibitions.
ODFW staff is scheduled to bring the draft rules before the Fish and Wildlife Commission for rule adoption during the February 4, 2011 meeting in Salem. ODFW field personnel and some dog trainers have already provided input on these draft rules. Major items being addressed in the attached draft include the permitting process, disease testing and waste of birds used for training, and other issues.
Public comments be sent to odfw.comments@state.or.us; ODFW Wildlife Division, 3406 Cherry Ave NE, Salem, OR 97302; fax (503) 947-6330. Comments received before Jan. 20, 2011 will be included in the February 2011 Commission packet. Public testimony will also be accepted at the Feb. 4, 2011 Commission meeting.
Summary of proposed new rules:
Recreational and commercial dog/raptor training:
Proposed new rules will:
Remove prohibition on dog and raptor training April-July in game bird nesting habitat or productive wildlife habitat.
Clarify the rules do not apply to activities involving non-hunting dogs or inanimate devices (i.e. bumpers or bird wings).
Will require a dog or raptor training permit if domestically raised wildlife is released
o
Revised rules will permit a limited number of domestically-raised birds to be released per dog being trained.
o
ODFW would also authorize take of domestically-raised wildlife through these permits.
Permits would be available online from ODFW website.
Competitive hunting dog trails (regulated by OAR Division 46)
Proposed new rules will:
Require all organizations to obtain a free permit to host a competitive trial (currently permit only required April 1-Aug. 14)
Require application 10 business days prior to trial (currently 2 weeks before trial).
Clarify that privately-raised game birds may be taken (not just used, which is unclear) during trials and training with a permit from ODFW
Both hunting dog trials and dog training
Proposed new rules will:
Clarify what species of wildlife are permitted to be released during trials and training.
Clarify when a hunting license is required.
Clarify that no wildlife may be taken outside of hunting seasons without a permit.
Restate that no person engaged in competitive shooting may use a live bird as a target.
States there is no fee for trial or training permits.
Frequently Asked Questions
Please note: statutes are state law and can only be modified by the Oregon Legislature.
Are domestically raised game birds considered wildlife?
o
Yes, state statute defines game birds by taxonomic family and the term wildlife includes all game birds (grouse, pheasants, wild turkey, partridges, quail, doves, band-tailed pigeon, snipe, ducks, geese and coots). There is no distinction between domestically-raised game birds and wild-born game birds.
Why is a permit needed to release wildlife for dog training?
o
State statute requires a permit be obtained from ODFW prior to the release of any domestically raised or imported wildlife. Because this is state statute, ODFW does not have the authority to modify or waive the requirement.
o
Note: This requirement has been in effect for many years. The current release of domestically-raised wildlife without a permit from ODFW is unlawful.
Why is a permit needed to shoot domestically raised wildlife for dog training?
o
Since domestically-raised game birds are considered wildlife, they can only be taken as authorized by ODFW. Currently, ODFW only authorizes game birds to be taken during authorized hunting seasons (regular and preserve) and during permitted competitive field dog trials.
o
There currently is no lawful way to take a domestically-raised game bird which has been released, even if the release is permitted, unless the take occurs during an authorized hunting season or as part of a permitted competitive trial.
Why does someone need to be licensed to shoot released game birds?
o
State statute requires persons taking or attempting to take wildlife to meet the hunting license requirements prescribed by ODFW for that species.
o
Note: This is not a new requirement and currently anyone taking released, domestically-raised game birds must meet the hunting license requirements, including gunners at competitive trials.
Why must I mark birds I intend to release?
o
Unmarked birds would be indistinguishable from wild-born birds. Take of wild-born birds outside of a season is not, and will not be, permitted.
Why is there a limit on the number of birds I can release for training?
o
ODFW has concerns that the unregulated release and take of domestically-raised game birds could result in situations that would circumvent hunting season closures. These rules are intended to only permit the release and take of domestically-raised game birds for dog and raptor training. Licensed commercial shooting preserves are available for people wishing to hunt game birds outside of regular hunting seasons.
Birds used in training are sometimes not fit for human consumption. Why do the draft rules state they may not be wasted?
o
State statute says wildlife may not be wasted. However, the Commission does have the authority to define edible portions and these revised rules define domestically-raised birds used for training as inedible.
What will the cost of the permit be?
o
Free, under ODFW’s proposed rules.
How do these revisions relate to the prohibition on dogs running or the training of dogs in game bird nesting habitat during the months of April-July?
o
The revised draft rules end this prohibition.
The requirement to have National Poultry Improvement Plan (NPIP) certified birds or a Certificate of Veterinary Inspection (CVI) is too difficult to meet.
o
This is an existing Oregon Department of Agriculture Rule. In the revised rules, the only birds which must meet the above requirements are domestically-raised game birds imported from out of state.
What about rock pigeons?
o
Rock pigeons (commonly known as barn pigeons, rock doves, etc.) are not considered wildlife and may currently be released and taken for dog training, if the training activity is lawful.
Who is pushing for the adoption of these rules?
o
ODFW, because it wants to provide a system to allow people to lawfully train hunting dogs and raptors and engage in competitive field trials
DRAFT November 10, 2010
DIVISION 46 – PROPOSED REVISION
COMPETITIVE HUNTING DOG TRIALS, COMMERCIAL AND INDIVIDUAL TRAINING FOR HUNTING DOGS AND RAPTORS
PURPOSE
The purpose of these rules is to carryout the provisions of Oregon Revised Statute 498.106 and 498.052. The rules provide conditions under which competitive hunting dog trials and training of hunting dogs and raptors will be allowed. These rules are also consistent with the Department’s wildlife management objectives, policies, and Fish and Wildlife Commission guidance. These rules are intended for all types of training involving wildlife, not just game birds. These rules apply to dog training related to hunting wildlife, and do not apply to pet obedience, search and rescue, or agility training. Also, these rules do not apply to the use of inanimate devices or bird wings used for training. However, other statutes and rules protect livestock or wildlife from dogs running at large. These rules in no way supersede any rule regulating the release and take of captive reared wildlife on Department licensed private shooting preserves.
DEFINITIONS
“Competitive Hunting Dog Trial” (sometimes called a “field trial”, “water trial”, “hunt test” or “picnic trial”) means an event that:
1)
is licensed, sanctioned, or sponsored by an organization; and
2)
involves more than one person in testing or exhibiting learned behavior in dogs related to hunting wildlife (including, but not limited to, tracking of scents, flushing, pointing, treeing, ground baying and retrieval).
“Department” means the Oregon Department of Fish and Wildlife.
“Exempt animals” means species listed in OAR 635-56-0020.
“Raptor” means any species or hybrid of the families Strigidae, Falconidae and Accipitridae used for Falconry.
“Falconry” is caring for and training raptors for pursuit of game, and the sport of hunting wild game with raptors.
“Hunt” as defined by ORS 496.004 (10) means “to take or attempt to take any wildlife by means involving the use of a weapon or with the assistance of any mammal or bird.”
“Hunting Dog” means any dog that is used to aid an individual to pursue or hunt wildlife.
“Hunting Dog Training” means any running of dogs by an individual or individuals on any lands or waters in the state for the purpose of training to reinforce learned behavior in dogs related to hunting of wildlife, which may include shooting, tracking of scents, flushing, pointing, treeing, ground baying and/or retrieval of wildlife.
“National Poultry Improvement Program (NPIP)” means the United States Department of Agriculture disease prevention program for poultry. Compliance with the program reduces the risk that domestically-raised wildlife could transmit disease or parasites to wildlife populations.
“Private land” means land that is deeded to a private individual(s), corporation or partnership.
“Public land” means land that is managed by a public agency or entity.
“Take” means to kill or obtain possession or control.
GENERAL REGULATIONS
1)
No wildlife, excluding exempt animals (e.g. rock pigeons), may be taken outside designated seasons unless authorized by the Department.
2)
No person may release any domestically-raised (except for exempt animals, e.g. rock pigeons) without first obtaining a permit from the Department (ORS 498.052). With such a permit, the Department may authorize the holder and a companion to release and take domestically-raised wildlife outside of authorized hunting seasons.
a)
For the purpose of these rules the permit shall be known as a “Wildlife Release and Take Permit for Competitive Hunting Dog Trials, or Hunting Dog and Raptor Training”.
b)
Wildlife Release and Take Permit applications are available in the annual Game Bird Regulations, on the Department’s website http://www.dfw.state.or.us and at Department offices.
c)
Permits will be valid from date of issue through December 31 unless the Department places conditions on the permit (see Section 2 under Obtaining a Wildlife Release and Take Permit).
d)
There is no cost for a Wildlife Release and Take Permit.
e)
A Wildlife Release and Take Permit obtained for a competitive hunting dog trial must be approved by the ODFW District Wildlife Biologist, or their designee, for the district in which the trial will be held.
3)
The following species are permitted for release under a Wildlife Release and Take 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 mallard ducks.
a)
Under a Wildlife Release and Take Permit obtained for hunting dog and raptor training, not more than 3 birds, of any permitted species combined, may be released per hunting dog or raptor per day.
2
b)
All domestically raised game birds released for hunting dog and raptor training or competitive hunting dog trials shall be identified by being marked either by a nasal scar, by a healed toe mark, or with a band approved by the Department. A nasal scar is a permanent deformity caused by an anti-pecking device. For a healed toe mark on upland game birds, the terminal joint, including the entire toenail, shall be clipped from the outside of the right foot of a bird when it was a chick. For a healed toe mark on mallards, the entire hind toe shall be clipped from the right foot of a bird when it is a duckling. In the event the person releasing a domestically raised game bird acquires birds that have not been marked, they shall be banded prior to release with bands approved by the Department.
c)
Artificially propagated game birds from out-of-state must meet Oregon Department of Agriculture requirements which require domestically raised game birds being imported from out of state which are not being imported directly from an NPIP facility to be accompanied by a Certificate of Veterinarian Inspection (CVI). Those game birds being imported directly from an NPIP facility must be accompanied by USDA form VS 9-3. (OAR 603-011-0375)
d)
If the Oregon Department of Agriculture (ODA) requires an import permit, the permit must accompany any imported wildlife.
e)
Wildlife that shows symptoms of sickness or injury, or that is dead from disease, must not be used.
f)
Any edible portions of game species must not be wasted (ORS 498.042). For the purposes of these rules domestically raised birds that have been used for hunting dog trials or hunting dog and raptor training are considered inedible.
4)
Any person who takes or attempts to take domestically-raised or imported wildlife must meet the hunting license and bird validation (stamp) requirements contained in the Department’s current Oregon Big Game, Game Bird, or Furbearer Trapping/Hunting Regulations (ORS 497.075). This regulation does not apply to dog handlers who are not taking wildlife.
a)
During an authorized hunting season for a species, the take of that species, marked or unmarked, must cease at the time a legal daily bag limit of that species is taken. Take of unmarked wildlife outside of the authorized season for that species is prohibited.
5)
Toxic shot restrictions are listed annually in the Oregon Game Bird Regulations under federal refuges, state refuges, state wildlife areas, and regulated hunt areas. In addition, the possession and use of shot other than federally-approved nontoxic shot is prohibited while taking waterfowl, including domestically-raised mallards which have been released.
6)
No person may use any live bird as a target for the purpose of competitive shooting (ORS 498.112).
3
4
7)
Any person using public land for hunting dog training must comply with the land management agency’s regulations.
If a competitive hunting dog trial is to be on Department owned or managed lands, the trial sponsor must possess a signed release of liability form provided by the Department regardless if wildlife are released for the trial.
OBTAINING A WILDLIFE RELEASE AND TAKE PERMIT
1)
If the release of wildlife occurs for the training of hunting dogs or raptors and is not associated with a competitive hunting dog trial:
a)
Prior to the release, the applicant (hunting dog or raptor trainer) must complete and sign a permit application and return the required portion to the Wildlife Division (address). The applicant’s portion of the application is their permit and must be carried on their person while training.
b)
Permits expire on December 31 of each year and a new permit must be obtained before training the following year.
2)
If the release of wildlife occurs for a competitive hunting dog trial:
a)
Prior to the release, the applicant (sponsor of the competitive hunting dog trial) must apply for a Wildlife Release and Take Permit from the ODFW wildlife district in which the release of wildlife will take place.
b)
The application must be received (hand delivered or received by mail or fax) ten business days prior to the start of a competitive trial.
c)
When the Department authorizes a permit for a competitive hunting dog trial, it may include permit conditions it deems necessary or may deny a permit if;
d)
If the Department denies a permit, it will inform the applicant in writing of the grounds for denial. The Department may revoke a permit for violation of permit conditions. Whenever the Department proposes to deny a permit application or revoke a permit, it will provide written notice and an opportunity for a contested case hearing
November 22 – Springfield,
Oregon Dept of Forestry
3150 E. Main St
Springfield, OR 97478
November 23 – Clackamas
Monarch Hotel
12566 SE 93rd Avenue
Clackamas, OR 97015
November 29 – La Grande
Blue Mountain Conference Center
102 Elm St
La Grande, OR 97850
November 30 – Bend,
Bend Public Library
601 NW Wall Street
Bend, OR 97701
December 1 – Klamath Falls
OSU Extension Service Meeting Room
3328 Vandenberg Road
Klamath Falls, OR 97603
December 2 – Central Point
Rogue Watershed District Office
1495 E. Gregory Road
Central Point, OR 97502
Two years ago Oregon United Sporting Dog Association members elected to “abolish” the “Bird Nesting Law”. After meetings and hours and hours on the phone a strategy was developed.
• First we addressed the fact that ONLY houndsmen where being charged.
We argued that the largest majority of the hound breed has been “broke” from, or is in the process of being “broke” off big game. We noted that the majority of houndsmen use e-collars for correction and containment, while most other dog owners make no effort to deter harassment of wildlife.
• Second we argued the constitutionality of the rule.
Basically does ODF&W have the authority to regulate how a pet owner or livestock owner cares for their pet whether it is on public or private land?
This crated a flood of discussion with the Secretary of the State about interpretation of the Oregon Constitution. I only wish you could have seen the shoulder shrugging when we argued this point.
We worked close with ODF&W to re-think and re-write the “Dog Rules”. We think this is a HUGE step in the right direction for Oregon houndsmen. We can only hope this is a trend that continues.
Next will be the “cougar issue” so please get involved. Become a member of OUSDA today! Being able to walk into a meeting and say you represent 4 or 5 hundred motivated sporting dog owners\VOTERS would be powerful.
Please read over the following text and attend a meeting in your area. If you have comments or ideas for us please contact your local OUSDA director or myself.
Meeting dates are posted at the bottom......
Dog and Raptor Training Rules Revision Backgrounder
The purpose of the dog and raptor training rules revision is to 1) carry out the provisions of Oregon Revised Statute 498.106 which relates to competitive field trials for hunting dogs and 2) explain the conditions under which commercial and individual dog and raptor training using wildlife can be lawfully conducted. The revised rules are consistent with ODFW’s wildlife management objectives, policies, and Fish and Wildlife Commission guidance.
The rules are intended for all types of dog and raptor training involving wildlife, not just game birds. They apply to training related to hunting wildlife, and do not apply to pet obedience, search and rescue, or agility training. Also, the rules do not apply to the use of inanimate devices or bird wings used for training. However, other statutes and rules protect livestock or wildlife from dogs running at large.
ODFW’s intent is to relax and clarify the current rules, which are inconsistent with most commercial and recreational dog and raptor training taking place. One of the biggest issues is that dog and raptor trainers are releasing their captive-raised birds without a permit. By state statute, even captive-raised birds are considered wildlife, so a permit is needed to release them and they may only be taken during hunting seasons. Proposed new rules will give dog and raptor trainers a way to lawfully release and take their birds.
Further, under the current rules, dog training and allowing dogs to run at large is unlawful in areas considered game bird nesting habitat or productive wildlife habitat from April-July each year. Proposed new rules will end these prohibitions.
ODFW staff is scheduled to bring the draft rules before the Fish and Wildlife Commission for rule adoption during the February 4, 2011 meeting in Salem. ODFW field personnel and some dog trainers have already provided input on these draft rules. Major items being addressed in the attached draft include the permitting process, disease testing and waste of birds used for training, and other issues.
Public comments be sent to odfw.comments@state.or.us; ODFW Wildlife Division, 3406 Cherry Ave NE, Salem, OR 97302; fax (503) 947-6330. Comments received before Jan. 20, 2011 will be included in the February 2011 Commission packet. Public testimony will also be accepted at the Feb. 4, 2011 Commission meeting.
Summary of proposed new rules:
Recreational and commercial dog/raptor training:
Proposed new rules will:
Remove prohibition on dog and raptor training April-July in game bird nesting habitat or productive wildlife habitat.
Clarify the rules do not apply to activities involving non-hunting dogs or inanimate devices (i.e. bumpers or bird wings).
Will require a dog or raptor training permit if domestically raised wildlife is released
o
Revised rules will permit a limited number of domestically-raised birds to be released per dog being trained.
o
ODFW would also authorize take of domestically-raised wildlife through these permits.
Permits would be available online from ODFW website.
Competitive hunting dog trails (regulated by OAR Division 46)
Proposed new rules will:
Require all organizations to obtain a free permit to host a competitive trial (currently permit only required April 1-Aug. 14)
Require application 10 business days prior to trial (currently 2 weeks before trial).
Clarify that privately-raised game birds may be taken (not just used, which is unclear) during trials and training with a permit from ODFW
Both hunting dog trials and dog training
Proposed new rules will:
Clarify what species of wildlife are permitted to be released during trials and training.
Clarify when a hunting license is required.
Clarify that no wildlife may be taken outside of hunting seasons without a permit.
Restate that no person engaged in competitive shooting may use a live bird as a target.
States there is no fee for trial or training permits.
Frequently Asked Questions
Please note: statutes are state law and can only be modified by the Oregon Legislature.
Are domestically raised game birds considered wildlife?
o
Yes, state statute defines game birds by taxonomic family and the term wildlife includes all game birds (grouse, pheasants, wild turkey, partridges, quail, doves, band-tailed pigeon, snipe, ducks, geese and coots). There is no distinction between domestically-raised game birds and wild-born game birds.
Why is a permit needed to release wildlife for dog training?
o
State statute requires a permit be obtained from ODFW prior to the release of any domestically raised or imported wildlife. Because this is state statute, ODFW does not have the authority to modify or waive the requirement.
o
Note: This requirement has been in effect for many years. The current release of domestically-raised wildlife without a permit from ODFW is unlawful.
Why is a permit needed to shoot domestically raised wildlife for dog training?
o
Since domestically-raised game birds are considered wildlife, they can only be taken as authorized by ODFW. Currently, ODFW only authorizes game birds to be taken during authorized hunting seasons (regular and preserve) and during permitted competitive field dog trials.
o
There currently is no lawful way to take a domestically-raised game bird which has been released, even if the release is permitted, unless the take occurs during an authorized hunting season or as part of a permitted competitive trial.
Why does someone need to be licensed to shoot released game birds?
o
State statute requires persons taking or attempting to take wildlife to meet the hunting license requirements prescribed by ODFW for that species.
o
Note: This is not a new requirement and currently anyone taking released, domestically-raised game birds must meet the hunting license requirements, including gunners at competitive trials.
Why must I mark birds I intend to release?
o
Unmarked birds would be indistinguishable from wild-born birds. Take of wild-born birds outside of a season is not, and will not be, permitted.
Why is there a limit on the number of birds I can release for training?
o
ODFW has concerns that the unregulated release and take of domestically-raised game birds could result in situations that would circumvent hunting season closures. These rules are intended to only permit the release and take of domestically-raised game birds for dog and raptor training. Licensed commercial shooting preserves are available for people wishing to hunt game birds outside of regular hunting seasons.
Birds used in training are sometimes not fit for human consumption. Why do the draft rules state they may not be wasted?
o
State statute says wildlife may not be wasted. However, the Commission does have the authority to define edible portions and these revised rules define domestically-raised birds used for training as inedible.
What will the cost of the permit be?
o
Free, under ODFW’s proposed rules.
How do these revisions relate to the prohibition on dogs running or the training of dogs in game bird nesting habitat during the months of April-July?
o
The revised draft rules end this prohibition.
The requirement to have National Poultry Improvement Plan (NPIP) certified birds or a Certificate of Veterinary Inspection (CVI) is too difficult to meet.
o
This is an existing Oregon Department of Agriculture Rule. In the revised rules, the only birds which must meet the above requirements are domestically-raised game birds imported from out of state.
What about rock pigeons?
o
Rock pigeons (commonly known as barn pigeons, rock doves, etc.) are not considered wildlife and may currently be released and taken for dog training, if the training activity is lawful.
Who is pushing for the adoption of these rules?
o
ODFW, because it wants to provide a system to allow people to lawfully train hunting dogs and raptors and engage in competitive field trials
DRAFT November 10, 2010
DIVISION 46 – PROPOSED REVISION
COMPETITIVE HUNTING DOG TRIALS, COMMERCIAL AND INDIVIDUAL TRAINING FOR HUNTING DOGS AND RAPTORS
PURPOSE
The purpose of these rules is to carryout the provisions of Oregon Revised Statute 498.106 and 498.052. The rules provide conditions under which competitive hunting dog trials and training of hunting dogs and raptors will be allowed. These rules are also consistent with the Department’s wildlife management objectives, policies, and Fish and Wildlife Commission guidance. These rules are intended for all types of training involving wildlife, not just game birds. These rules apply to dog training related to hunting wildlife, and do not apply to pet obedience, search and rescue, or agility training. Also, these rules do not apply to the use of inanimate devices or bird wings used for training. However, other statutes and rules protect livestock or wildlife from dogs running at large. These rules in no way supersede any rule regulating the release and take of captive reared wildlife on Department licensed private shooting preserves.
DEFINITIONS
“Competitive Hunting Dog Trial” (sometimes called a “field trial”, “water trial”, “hunt test” or “picnic trial”) means an event that:
1)
is licensed, sanctioned, or sponsored by an organization; and
2)
involves more than one person in testing or exhibiting learned behavior in dogs related to hunting wildlife (including, but not limited to, tracking of scents, flushing, pointing, treeing, ground baying and retrieval).
“Department” means the Oregon Department of Fish and Wildlife.
“Exempt animals” means species listed in OAR 635-56-0020.
“Raptor” means any species or hybrid of the families Strigidae, Falconidae and Accipitridae used for Falconry.
“Falconry” is caring for and training raptors for pursuit of game, and the sport of hunting wild game with raptors.
“Hunt” as defined by ORS 496.004 (10) means “to take or attempt to take any wildlife by means involving the use of a weapon or with the assistance of any mammal or bird.”
“Hunting Dog” means any dog that is used to aid an individual to pursue or hunt wildlife.
“Hunting Dog Training” means any running of dogs by an individual or individuals on any lands or waters in the state for the purpose of training to reinforce learned behavior in dogs related to hunting of wildlife, which may include shooting, tracking of scents, flushing, pointing, treeing, ground baying and/or retrieval of wildlife.
“National Poultry Improvement Program (NPIP)” means the United States Department of Agriculture disease prevention program for poultry. Compliance with the program reduces the risk that domestically-raised wildlife could transmit disease or parasites to wildlife populations.
“Private land” means land that is deeded to a private individual(s), corporation or partnership.
“Public land” means land that is managed by a public agency or entity.
“Take” means to kill or obtain possession or control.
GENERAL REGULATIONS
1)
No wildlife, excluding exempt animals (e.g. rock pigeons), may be taken outside designated seasons unless authorized by the Department.
2)
No person may release any domestically-raised (except for exempt animals, e.g. rock pigeons) without first obtaining a permit from the Department (ORS 498.052). With such a permit, the Department may authorize the holder and a companion to release and take domestically-raised wildlife outside of authorized hunting seasons.
a)
For the purpose of these rules the permit shall be known as a “Wildlife Release and Take Permit for Competitive Hunting Dog Trials, or Hunting Dog and Raptor Training”.
b)
Wildlife Release and Take Permit applications are available in the annual Game Bird Regulations, on the Department’s website http://www.dfw.state.or.us and at Department offices.
c)
Permits will be valid from date of issue through December 31 unless the Department places conditions on the permit (see Section 2 under Obtaining a Wildlife Release and Take Permit).
d)
There is no cost for a Wildlife Release and Take Permit.
e)
A Wildlife Release and Take Permit obtained for a competitive hunting dog trial must be approved by the ODFW District Wildlife Biologist, or their designee, for the district in which the trial will be held.
3)
The following species are permitted for release under a Wildlife Release and Take 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 mallard ducks.
a)
Under a Wildlife Release and Take Permit obtained for hunting dog and raptor training, not more than 3 birds, of any permitted species combined, may be released per hunting dog or raptor per day.
2
b)
All domestically raised game birds released for hunting dog and raptor training or competitive hunting dog trials shall be identified by being marked either by a nasal scar, by a healed toe mark, or with a band approved by the Department. A nasal scar is a permanent deformity caused by an anti-pecking device. For a healed toe mark on upland game birds, the terminal joint, including the entire toenail, shall be clipped from the outside of the right foot of a bird when it was a chick. For a healed toe mark on mallards, the entire hind toe shall be clipped from the right foot of a bird when it is a duckling. In the event the person releasing a domestically raised game bird acquires birds that have not been marked, they shall be banded prior to release with bands approved by the Department.
c)
Artificially propagated game birds from out-of-state must meet Oregon Department of Agriculture requirements which require domestically raised game birds being imported from out of state which are not being imported directly from an NPIP facility to be accompanied by a Certificate of Veterinarian Inspection (CVI). Those game birds being imported directly from an NPIP facility must be accompanied by USDA form VS 9-3. (OAR 603-011-0375)
d)
If the Oregon Department of Agriculture (ODA) requires an import permit, the permit must accompany any imported wildlife.
e)
Wildlife that shows symptoms of sickness or injury, or that is dead from disease, must not be used.
f)
Any edible portions of game species must not be wasted (ORS 498.042). For the purposes of these rules domestically raised birds that have been used for hunting dog trials or hunting dog and raptor training are considered inedible.
4)
Any person who takes or attempts to take domestically-raised or imported wildlife must meet the hunting license and bird validation (stamp) requirements contained in the Department’s current Oregon Big Game, Game Bird, or Furbearer Trapping/Hunting Regulations (ORS 497.075). This regulation does not apply to dog handlers who are not taking wildlife.
a)
During an authorized hunting season for a species, the take of that species, marked or unmarked, must cease at the time a legal daily bag limit of that species is taken. Take of unmarked wildlife outside of the authorized season for that species is prohibited.
5)
Toxic shot restrictions are listed annually in the Oregon Game Bird Regulations under federal refuges, state refuges, state wildlife areas, and regulated hunt areas. In addition, the possession and use of shot other than federally-approved nontoxic shot is prohibited while taking waterfowl, including domestically-raised mallards which have been released.
6)
No person may use any live bird as a target for the purpose of competitive shooting (ORS 498.112).
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4
7)
Any person using public land for hunting dog training must comply with the land management agency’s regulations.
If a competitive hunting dog trial is to be on Department owned or managed lands, the trial sponsor must possess a signed release of liability form provided by the Department regardless if wildlife are released for the trial.
OBTAINING A WILDLIFE RELEASE AND TAKE PERMIT
1)
If the release of wildlife occurs for the training of hunting dogs or raptors and is not associated with a competitive hunting dog trial:
a)
Prior to the release, the applicant (hunting dog or raptor trainer) must complete and sign a permit application and return the required portion to the Wildlife Division (address). The applicant’s portion of the application is their permit and must be carried on their person while training.
b)
Permits expire on December 31 of each year and a new permit must be obtained before training the following year.
2)
If the release of wildlife occurs for a competitive hunting dog trial:
a)
Prior to the release, the applicant (sponsor of the competitive hunting dog trial) must apply for a Wildlife Release and Take Permit from the ODFW wildlife district in which the release of wildlife will take place.
b)
The application must be received (hand delivered or received by mail or fax) ten business days prior to the start of a competitive trial.
c)
When the Department authorizes a permit for a competitive hunting dog trial, it may include permit conditions it deems necessary or may deny a permit if;
d)
If the Department denies a permit, it will inform the applicant in writing of the grounds for denial. The Department may revoke a permit for violation of permit conditions. Whenever the Department proposes to deny a permit application or revoke a permit, it will provide written notice and an opportunity for a contested case hearing
November 22 – Springfield,
Oregon Dept of Forestry
3150 E. Main St
Springfield, OR 97478
November 23 – Clackamas
Monarch Hotel
12566 SE 93rd Avenue
Clackamas, OR 97015
November 29 – La Grande
Blue Mountain Conference Center
102 Elm St
La Grande, OR 97850
November 30 – Bend,
Bend Public Library
601 NW Wall Street
Bend, OR 97701
December 1 – Klamath Falls
OSU Extension Service Meeting Room
3328 Vandenberg Road
Klamath Falls, OR 97603
December 2 – Central Point
Rogue Watershed District Office
1495 E. Gregory Road
Central Point, OR 97502