OAR 635-049-0045
Release or Escape of Captive Cervids

(1)

It is unlawful to release, or to negligently allow to escape, any captive cervids without first obtaining a permit from the Department pursuant to ORS 498.052 (Releasing domestically raised or imported wildlife without permit prohibited), or unless operating under a rehabilitation or scientific take permit.

(2)

Any cervids that have escaped or been illegally released from captivity are deemed a public nuisance.

(3)

Captive cervids that have escaped or been illegally released from a holding facility are unprotected wildlife, and therefore may be killed by any person authorized under provisions of 635-049-0035 (Hunting of Privately Held Cervids Prohibited)(3).

(4)

Any person holding cervids other than under a rehabilitation or scientific take license or permit must notify the Department immediately of any release or escape of cervids and must, at their own expense, recapture or destroy the cervids within 72 hours of discovering the release or escape. If they do not recapture or destroy the released or escaped cervids within 72 hours, the Department or its agent may capture or destroy such cervids. The Department may seek reimbursement from the holder for any expenses the State of Oregon incurs in recovering, maintaining or disposing of such cervids, plus any damage to the state’s wildlife or wildlife habitat. In deciding whether to seek reimbursement, the Department will consider the nature, scope and environmental impact of the release or escape, as well as whether the holder acted promptly and in a cooperative manner to deal with the release or escape. If the Department demands reimbursement, the holder must reimburse the Department in full within 30 days of receipt of the written demand.

(5)

Any person holding cervids must keep wild cervids out of enclosures holding at least one captive cervid. If a wild cervid enters an enclosure holding at least one captive cervid, the holder must notify the Department and remove the wild cervid as soon as practicable.

(6)

Notwithstanding subsection (4), if the Division Administrator determines that released or escaped cervids present an imminent danger to wildlife, the Division Administrator may take whatever action deemed appropriate, including destruction of the released or escaped cervids. Similarly, if the Division Administrator determines that a holder has failed to remove a wild cervid from an enclosure holding at least one captive cervid as soon as practicable, the Department may remove the wild cervid.

Source: Rule 635-049-0045 — Release or Escape of Captive Cervids, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=635-049-0045.

635–049–0001
Policy 635–049–0005
Definitions 635–049–0015
Basic Requirements 635–049–0025
Import, Export, Transport Other than to Licensed Facilities 635–049–0035
Hunting of Privately Held Cervids Prohibited 635–049–0045
Release or Escape of Captive Cervids 635–049–0065
Disease Testing 635–049–0067
Voluntary Chronic Wasting Disease Monitored Herd Program 635–049–0069
Recaptured Cervids 635–049–0071
Obligation to Report Disease Incidents 635–049–0073
Disease Testing and Genetic Requirements for Importation of Cervid Gametes and Embryos 635–049–0075
Genetic Requirements 635–049–0085
Licenses Generally 635–049–0095
Decision Standard for Issuing a License 635–049–0105
Decision Standard for Suspending, Revoking or Refusing to Renew a License 635–049–0115
Disposition of Cervids upon License Suspension, Revocation, Nonrenewal or Denial 635–049–0125
Control of Disease Outbreaks 635–049–0135
General Requirements for Holding Cervids 635–049–0145
Sale or Exchange 635–049–0165
Type 1 Cervid Licenses 635–049–0175
Type 1 Cervid License Applications 635–049–0185
Lottery for Elk Licenses Issued for Commercial or Exhibition Purposes 635–049–0195
Type 1 Cervid License Renewal 635–049–0205
Record Keeping Required for Type 1 Cervid License 635–049–0225
Inspection of Facilities and Records — Type 1 Cervid License 635–049–0235
Reporting — Type 1 Cervid License 635–049–0245
Fencing Requirements — Type 1 Cervid License 635–049–0255
Cervid Marking — Type 1 Cervid License 635–049–0260
Cervid Propagation License — Type 2 Required 635–049–0265
Transport of Cervids Among Licensed Facilities 635–049–0270
Application for Cervid Propagation License — Type 2 635–049–0275
Requesting Changes to a License 635–049–0280
Inspection of Cervid Propagation License — Type 2 Facilities and Records 635–049–0285
Decommissioning 635–049–0290
Fencing Standards for Cervid Propagation License — Type 2 635–049–0300
Animal Marking Required for Cervid Propagation License — Type 2 635–049–0310
Record Keeping and Reporting Required for Cervid Propagation License — Type 2 635–049–0320
Cervid Propagation License — Type 2 Renewal 635–049–0350
Changes in Ownership of a Cervid Propagation Facility — Type 2
Last Updated

Jun. 8, 2021

Rule 635-049-0045’s source at or​.us