Note: Repealed by DFW 163-2015, f. & cert. ef. 12-9-15 - all sections repealed
Former regulations:
635-044-0200 Purpose of the Wildlife Rehabilitation Permit
635-044-0205 Definition of Terms
635-044-0210 Wildlife Rehabilitation Permit Requirements and Conditions
635-044-0215 Federal Rehabilitation Permit
635-044-0240 Restricted Species
635-044-0245 Department Notification
635-044-0250 Wildlife Importation for Rehabilitation Purposes
635-044-0255 Disposition of Wildlife
635-044-0280 Facility Requirements
635-044-0300 Facilities Subject to Inspection
635-044-0305 Record Keeping and Reporting Requirements
635-044-0310 Cancellation or Non Renewal of Permit
635-044-0200 Purpose of the Wildlife Rehabilitation Permit
Any person desiring to hold any bird, mammal, amphibian or reptile for the purpose of wildlife rehabilitation shall first obtain a Wildlife Rehabilitation Permit from the Department of Fish and Wildlife. The permittee may capture, transport, temporarily possess, rehabilitate, and (with permission from the local Department district wildlife biologist) release such wildlife. The permittee may euthanize wildlife that are injured, ill, orphaned, restricted, or otherwise not authorized, if that wildlife is specified on the permit. The Wildlife Rehabilitation Permit does not allow the possession of wildlife for public display.
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
Hist.: FWC 7-1983, f. & ef. 2-3-83; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04; DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11
635-044-0205 Definition of Terms
(1) “Assistant” means someone who conducts wildlife rehabilitation activities in a wildlife rehabilitation facility under the direct supervision of the permittee
(2) “AZA” means the American Zoo and Aquarium Association.
(3) “Candidate” means an animal species for which the USFWS has on file sufficient information on biological vulnerability and threats to support a proposal to list as endangered or threatened.
(4) “Department” means Oregon Department of Fish and Wildlife.
(5) “DVM” means Oregon licensed Doctor of Veterinary Medicine.
(6) “Endangered species” means those species defined in ORS 496.004(6).
(7) “Euthanasia” means to humanely kill an animal as per the 2006 American Association of Zoo Veterinarians Guidelines for Euthanasia of Nondomestic Animals.
(8) “Home Care” means the facility used by the subpermittee for the care and feeding of neonate avian species (or other species as approved in writing by the local department district wildlife biologist) under the guidance and at the request of the permittee.
(9) “Marine mammals” means seals, sea lions, sea otters, and cetaceans (e.g., whales and porpoises).
(10) “Migratory bird” means any bird, whatever its origin and whether or not raised in captivity, which belongs to a species listed in U.S. 50CFR¦ 10.13, including any part, nest, or egg of any such bird. Birds listed under OAR 635-057-0000 are not included.
(11) “NMFS” means National Marine Fisheries Service.
(12) “Non-releasable” means:
(a) Individual wildlife that cannot be rehabilitated and returned to the wild with a reasonable potential for survival;
(b) Those species classified as prohibited by OAR 635 Division 056; or
(c) Those species classified as controlled by OAR 635 Division 56 under rules that do not allow release into the wild (OAR 635-056-0070).
(13) “Permittee” means the person who holds a valid Wildlife Rehabilitation Permit issued by the Department.
(14) “Public display” means to place or locate wildlife so that it may be viewed by the public.
(15) “Rehabilitation” means the attempted or successful restoration of an injured, sick or immature bird, mammal, amphibian or reptile to a condition whereby it can be returned to the wild.
(16) “Sensitive species” means those wildlife species, subspecies, or populations that are facing one or more threats to their populations, habitat quantity or habitat quality or that are subject to a decline in number of sufficient magnitude such that they may become eligible for listing on the state Threatened and Endangered Species List.
(17) “Subpermittee” means those persons listed on a wildlife rehabilitation permit as authorized to perform wildlife rehabilitation activities under the supervision (direct or indirect) of a licensed wildlife rehabilitator. Subpermittees may include, but are not limited to, veterinarians, falconers, or others assisting the permittee with the rehabilitation of wildlife specifically allowed on the permit.
(18) “Threatened species” means those species defined in ORS 496.004(15).
(19) “USFWS” means U.S. Fish and Wildlife Service.
(20) For the purpose of these rules, “wildlife” means wild mammals and wild birds, as defined by OAR 635-057-0000, amphibians, reptiles and fish.
(21) “Wildlife rehabilitation facility” means the primary location where a licensed wildlife rehabilitator conducts rehabilitation.
Stat. Auth.: ORS 496
Stats. Implemented: ORS 496
Hist.: FWC 7-1983, f. & ef. 2-3-83; DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11
635-044-0210 Wildlife Rehabilitation Permit Requirements and Conditions
(1) A Wildlife Rehabilitation Permit may only be issued to a person who:
(a) Resides in Oregon or whose rehabilitation activities occur or facility (or facilities) exist within the state;
(b) Is at least 18 years of age at the time of the examination;
(c) Has submitted a completed written application form provided by the Department;
(d) Possesses either a valid Oregon DVM license or a letter from an Oregon licensed DVM agreeing to act as a medical supervisor and consultant to the person;
(e) Has passed the wildlife rehabilitation examination administered by the Department with a score of 80 percent or higher on the general section of the test and each relevant section of interest. Any applicant who fails to pass an examination may retake the examination no earlier than 14 days from the date of the prior examination;
(f) Has been approved by the local Department district wildlife biologist or other local Department representative as meeting a need for rehabilitation services in the area and having a good reputation for care of wildlife;
(g) Has a rehabilitation facility, or plan for such facility, approved by the local Department district wildlife biologist or other local Department representative as meeting all requirements of these rules;
(h) (Upon permit renewal) documents compliance with the Department's Rehabilitation Continuing Education Standards.
(2) Subpermittees may perform wildlife rehabilitation activities under the supervision (direct or indirect) of a licensed wildlife rehabilitator subject to the following conditions:
(a) The permittee must inspect the facilities of the subpermittee prior to the sub-permittee receiving wildlife;
(b) The permittee must provide the subpermittee any written information, caging, food, veterinary treatment and any other assistance the permittee deems necessary for the care of wildlife in the subpermittee's possession. The permittee must provide information concerning such assistance to the local Department district biologist upon request;
(c) The subpermittee must follow the written protocol, described in paragraph b, provided by the permittee and approved by the Department;
(d) The subpermittee must be approved by the local Department district wildlife biologist before receiving wildlife. The name, address, and phone number of the subpermittee must be provided to the Department;
(e) All wildlife must be admitted through the permittee's licensed facility, the subpermittee must not accept any wildlife from any other source;
(f) The permittee must accept responsibility for the activities of the subpermittee;
(g) The subpermittee must reside and conduct rehabilitation activities within Oregon;
(h) The subpermittee shall not perform any rehabilitation activities at their Home Care facility except for the care and feeding of neonate avian species or other wildlife species as approved in writing by the local Department district wildlife biologist.
(3) Veterinarians administering immediate medical care for injured wildlife are not required to have a Wildlife Rehabilitation Permit or submit a semi-annual report. Veterinarians that provide care or hold wildlife longer than 48-hours are required to pass the wildlife rehabilitation examination and possess a Wildlife Rehabilitation Permit.
(4) The Department reserves the right to deny issuance of a Wildlife Rehabilitation Permit, disapprove a subpermittee(s) and to impose special permit conditions (e.g., number of species, types of species, subpermittees, etc.) if the applicant or subpermittee is convicted of, or admits to, a violation of a wildlife law or rule or an order or permit issued under the wildlife laws.
(5) At least one member of a wildlife rehabilitation facility's staff must possess a Wildlife Rehabilitation Permit to provide direct on-site supervision to non-permitted staff and volunteers.
(6) Wildlife Rehabilitation Permits are issued free of charge and expire no more than two years from date of issue.
(7) A Wildlife Rehabilitation Permit does not exempt the wildlife rehabilitator from complying with other state, federal, county, and city laws and regulations.
(8) A Wildlife Rehabilitation Permit does not authorize the practice of veterinary medicine or the treatment of domestic animals.
(9) Permits must be carried on the person or displayed in the facility while performing rehabilitation activities.
(10) The Department is not liable for any injuries or damage caused by wildlife held under the authority of a Wildlife Rehabilitation Permit.
(11) The Department is not liable for any injuries or damage caused by wildlife to the subpermittees or general public capturing and/or transporting wildlife for rehabilitation purposes.
Stat. Auth.: ORS 496
Stats. Implemented: ORS 496
Hist.: FWC 7-1983, f. & ef. 2-3-83; DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11
635-044-0215 Federal Rehabilitation Permit
In addition to an Oregon Wildlife Rehabilitation Permit, persons possessing this permit must also obtain a federal permit for species protected by federal law and provide a copy of the current valid federal permit to the Department.
Stat. Auth.: ORS 496
Stats. Implemented: ORS 496
Hist.: FWC 7-1983, f. & ef. 2-3-83; DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11
635-044-0240 Restricted Species
The following categories of wildlife may not be rehabilitated and released under these rules:
(1) Nonnative wildlife classified as prohibited or noncontrolled per the wildlife integrity rules (OAR 635-056-0050 & 0060) or classified as controlled and specifically not allowed to be released in the wild (OAR 635-056-0070) shall not be rehabilitated or released into the wild. If these species come into the possession of a permitted rehabilitator, the rehabilitator must humanely euthanize the wildlife. Nonnative wildlife listed as game animals in OAR 635 Division 045 are not effected by these rules.
(2) Marine mammals (unless specifically authorized by the Department and NMFS).
(3) Coyote ( Canis latrans).
(4) Cougar (Felis concolor). If a permitted rehabilitator is provided with a cougar, the rehabilitator must notify the Department immediately and follow the Department's directions concerning disposal.
(5) Black bear (Ursus americanus). If a permitted rehabilitator is provided with a black bear, the rehabilitator must notify the Department immediately and follow the Department's directions concerning disposal.
(6) If a permitted rehabilitator is provided with a deer (Odocoileus hemionus and 0. virginianus), elk (Cervus elaphus), pronghorn (Antilocapra americana), bighorn sheep (Ovis canadensis), or mountain goat (Oreamnos americanus) and the animal is older than young-of-the-year, the rehabilitator must humanely euthanize the animal unless otherwise authorized in writing by local Department district wildlife biologist. The rehabilitator may rehabilitate young-of-the-year deer, elk, pronghorn, bighorn sheep, and mountain goats but only in Department pre-approved facilities and in accordance with Department guidelines. The rehabilitator must notify the local Department district wildlife biologist as soon as possible (no later than 24 hours of admittance of any of these species). These species may be housed for up to 48 hours while in the process of locating and sending the animal to a pre-approved facility.
(7) Raccoon (Procyon lotor) must be released back to the original location of capture or humanely euthanized, unless otherwise authorized in writing by the local Department district wildlife biologist.
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
Hist.: DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11
635-044-0245 Department Notification
(1) State and federal Endangered, Threatened, Candidate or Sensitive species:
(a) The holder of a Wildlife Rehabilitation Permit (permittee) must notify a local Department district wildlife biologist within 24 hours of receiving an individual of a state or federally Endangered, Threatened, Candidate or Sensitive species;
(b) The permittee must notify a local Department wildlife biologist within 24 hours of the death of an individual of a state or federally Endangered, Threatened, Candidate or Sensitive species in the permittee's custody or as soon as the permittee determines that an individual of an Endangered, Threatened, Candidate or Sensitive species is not fit to be released into the wild;
(c) A permittee may (at the permittee's discretion) euthanize an individual of an Endangered, Threatened, Candidate or Sensitive species if the permittee determines that the individual is not fit to be released into the wild, but must then report the euthanasia to a local Department wildlife biologist within 24 hours.
(2) Wildlife Crimes. A permittee must notify the Oregon State Police immediately of any wildlife admitted with gunshot wounds or other injuries of a suspicious nature.
(3) Diseased Wildlife. A permittee must notify the Department veterinarian within 24 hours of admitting any wildlife with clinical signs for known or suspected poisoning or infectious disease. Clinical signs involving poisoning or infectious disease may include, but are not limited to, lethargy, in coordination, ataxia, depression, regurgitation, vomiting, or diarrhea.
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
Hist.: DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11
635-044-0250 Wildlife Importation for Rehabilitation Purposes
(1) No person may transport any mammal, upland game bird, amphibian, reptile, fish, invertebrate, or prohibited or controlled species into Oregon for the purpose of rehabilitation. This is to prevent the import of sub-clinical stages of infectious disease carried by these tax a of wildlife and the importation of non-native invasive species.
(2) Importation of injured wildlife into Oregon for rehabilitation purposes is limited to migratory bird species. Importation of migratory birds into Oregon for rehabilitation requires compliance with the Oregon Department of Agriculture's importation rules.
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
Hist.: DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11
635-044-0255 Disposition of Wildlife
(1) Any wildlife, carcasses, or parts of wildlife from Oregon held under a 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 wildlife rehabilitator or any other person. Wildlife held under a 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, a holder of a Wildlife Rehabilitation Permit must minimize contact between humans and wildlife undergoing rehabilitation, including at least the following 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;
(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 comes into possession of an imprinted or habituated animal, the permittee must either surrender the animal to the Department for placement in an approved facility or euthanize it, as directed by the Department.
(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.
(4) Unless otherwise authorized by the local Department district wildlife biologist, a permittee may not hold wildlife for rehabilitation longer than 180 days. If a permittee or the Department determines that an individual is incapable of survival in the wild, the permittee must either euthanize the individual or (if directed by the Department) provide the individual to an AZA-accredited institution, 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 permit must (unless otherwise directed by the Department ) euthanize the wildlife.
(6) A permittee must bury or incinerate any wildlife in its possession that has died due to poisoning or infectious disease. As to any other wildlife in its possession that dies, the permittee must dispose of the wildlife by burying, incineration, use as food for other rehabilitated wildlife, or (if appropriate permits have been obtained) retained for educational purposes. Any wildlife chemically euthanized must be buried or incinerated to avoid secondary toxicity by scavenging animals. 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. 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 U.S. Fish and Wildlife Service.
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
Hist.: DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11
635-044-0280 Facility Requirements
(1) A holder of a Wildlife Rehabilitation Permit (and any subpermittee) must maintain wildlife held for rehabilitation in a humane manner by:
(a) Providing a level of care meeting the Minimum Standards set by The International Wildlife Rehabilitation Council/National Wildlife Rehabilitators Association (IWRC/NWRA) in 2000. This is to prevent distress from captivity, injury, sickness, neglect or disease and be used as guidelines for the care and housing of rehabilitated wildlife which, at the minimum, include but is not limited to the following;
(A) Appropriate food for each species and water of sufficient quantity and quality to allow for normal growth, healing, or maintenance of body weight shall be provided;
(B) Shelter sufficient to protect from adverse elements, protect from predators, to prevent escape, and injury. Any other requirement particular to the survival of the animal shall also be provided;
(C) Sufficient space for exercise necessary for the health, rehabilitation and eventual release of the animal shall be provided;
(D) Confinement areas shall be cleaned and kept free from excess food or fecal waste or other contaminants which could affect the health of the animal;
(E) Wildlife under rehabilitation will be maintained in a separate enclosure from regular human or domestic animal activity. Outdoor facilities must have visual barriers or adequate distance between wildlife and humans and domestic animals to prevent psychological and physical stress or habituation to caregivers;
(F) Wildlife may not be restrained with a chain, rope, tape, hobbles or similar holding devices except for jesses used for holding raptors and during procedures required for safe handling.
(2) The Wildlife Rehabilitation Permit holder may receive from the Department and possess at the wildlife rehabilitation facility dead wildlife for the purpose of feeding wildlife being rehabilitated.
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
Hist.: DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11
635-044-0300 Facilities Subject to Inspection
Facilities for care of birds, mammals, amphibians, or reptiles by the holder of a Wildlife Rehabilitation Permit or by any subpermittee are subject to inspection by any Department of Fish and Wildlife employee or State Police officer. Inspection may take place without warrant or notice, but, unless prompted by emergency or other exigent circumstances, will be limited to regular and usual business hours, including weekends. Nothing in these rules is intended to authorize or allow the warrantless search or inspection of a wildlife rehabilitation or home care facility.
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
Hist.: DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11
635-044-0305 Record Keeping and Reporting Requirements
(1) The holder of a Wildlife Rehabilitation Permit and any subpermitee must maintain records for at least three years of rehabilitation activities concerning any bird, mammal, amphibian, or reptile. Such records must include:
(a) Name, address and affiliation of person picking up and delivering wildlife for rehabilitation;
(b) Wildlife type
(A) Species (common name, genus and species)
(B) Age (if known)
(C) Gender (if known)
(c) Type and extent of injury, sickness or other reason why the species needs rehabilitation;
(d) Wildlife Collection or Origin Location;
(e) Date of receipt of animal;
(f) If transferred to subpermittee, name of subpermittee; and
(g) Final disposition (release into wild, given to zoo, museum, euthanized, died, etc.), date and location.
(2) Each permittee must submit these rehabilitation records semi-annually, by July 31 and January 31, to the Department on a form provided by the Department.
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
Hist.: DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11
635-044-0310 Cancellation or Non Renewal of Permit
(1) If a holder of Wildlife Rehabilitation Permit (or subpermittee) violates any requirement of these Wildlife Rehabilitation Permit rules, the Department will revoke (or decline to renew) the permit and confiscate any birds, mammals, amphibians and reptiles being held.
(2) If a permittee fails to receive and rehabilitate wildlife for greater than 180 consecutive days, the Department will revoke (or decline to renew) the permit. The Department will not revoke the permit if the permittee can provide proof of continuing education or continued work under a licensed wildlife rehabilitator during the time period. In addition, the Department will consider extenuating circumstances on a case by case basis if presented to the Department in writing within 10 days following notification of permit revocation. If the Department revokes or declines to renew a permit under this subsection, a permittee who seeks renewal of the permit must comply with all requirements and conditions in 635-044-0210 including, but not limited to, retaking the test and passing facility inspection.
(3) The Department will revoke or decline to renew a Wildlife Rehabilitation Permit if the permittee or subpermittee is convicted of, or admits to a violation of, any wildlife law, or any rule, order or permit issued under the wildlife laws. Upon revocation or non-renewal, the Department will confiscate any birds, mammals, amphibians and reptiles being held.
(4) A permittee may appeal revocation or non-renewal of a permit through a contested case hearing. The request for a contested case hearing on a proposed revocation must be received by the Department within 21 days after service of notice (90 days for emergency revocations). The request for hearing on a proposed non-renewal must be received by the Department within 60 days of notice. Final Orders in contested case hearings will be issued by the Director.
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
Hist.: DFW 69-2011, f. 6-15-11, cert. ef. 7-1-11