Or. Admin. Code § 635-049-0115

Current through Register Vol. 63, No. 11, November 1, 2024

Section 635-049-0115 - Disposition of Cervids Upon License Suspension, Revocation, Nonrenewal or Denial

(1) Within 90 days after any of the following events, any person holding cervids must dispose of the cervids:

(a) Suspension, revocation or expiration of the cervid license;

(b) Denial of an application for license; or

(c) Receipt of a notice from the Department informing the holder that the cervid(s) is/are not authorized by license.

(2) "Dispose" means to do the following in compliance with these rules:

(a) Kill;

(b) Transfer to another licensed facility; or

(c) Export from Oregon.

(3) If the holder fails to dispose of any cervids by the deadline specified in paragraph (1), and if the Department determines that the cervids pose an imminent threat to wildlife, livestock, or public health requiring prompt action, the Department may kill, confine, transfer, or otherwise dispose of the cervids as it determines necessary. In all other circumstances, the Department may kill, transfer, confine or otherwise dispose of the cervids only after providing the holder with notice and an opportunity for hearing. The Department may choose to keep the cervids on the holder's property until an appropriate means of disposal is found or pending a hearing. The Department bears no liability for such actions. Any cervids held for disposal must be treated humanely in compliance with these rules.

(4) The holders of any cervids of which the Department disposes pursuant to paragraph (3) must compensate the State of Oregon for any and all expenses incurred by the State during disposition.

Or. Admin. Code § 635-049-0115

DFW 52-2008, f. & cert. ef. 5-28-08

Stat. Auth.: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106

Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.162, 497.228, 498.002, 498.019, 498.052 & 174.106