Dog Training Related to Hunting Wildlife, and Do Not Apply to Pet Obedience, Search and Rescue, Or Agility Training

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 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.

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).

7) Any person using public land for hunting dog training must comply with the land management agency’s regulations.

8) 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.