OAR 635-008-0050: Fish and Wildlife Commission to Post and Enforce Rules

In compliance with authority contained in ORS 496.146(9), and penalties prescribed in 496.992, the following rules are adopted to protect wildlife, fish, lands, and appurtenances or management activities and objectives on lands where title to, or control of, rests in the State of Oregon, acting by and through its Department of Fish and Wildlife ("department owned, managed, or controlled areas"). In addition to the requirements and restrictions contained in chapter 635, divisions 011, 021, 045, 046, 050, 051, 052, 053, 054, 060 and 065; the following rules shall apply to all Department owned, managed, or controlled areas referenced in chapter 635, division 008 except as modified by the rules for individual wildlife areas. (1) In order to further the purposes of ORS 496.012 or to protect public safety, portions of Department owned, managed, or controlled areas may be posted and closed to all entry. Entering an area posted "closed to entry" is prohibited. (2) Leaving garbage and litter on the area is prohibited. (3) Leaving personal or commercial property overnight on Department owned, managed or controlled areas is prohibited except at camping sites during authorized camping periods. (4) Posted Refuges and Safety Zones are closed to hunting, trapping and shooting. (5) Motor vehicles are prohibited except on parking areas, open roads, areas posted as open to motor vehicles, or as provided for in the following rules. No cross-country travel or off road motor vehicle use is allowed, except for administrative use. (6) A permit is required to remove firewood, cut trees, dig or remove minerals, sand, gravel, rock, or any other article, product or material found on the area except for fish and wildlife taken as permitted by law and edible fruiting bodies of plants for personal consumption. (7) An agreement is required to graze livestock except riding and pack animals in actual use for recreational purposes. Trespass livestock may be removed and/or impounded at the owner's expense in compliance with ORS Chapter 607. (8) No person shall display behavior which unreasonably deters, distracts or hinders others in the peaceable enjoyment of the area. (9) The Department may evict any person from an area for any violation of any Department rule or regulation, or when continued presence of that person could cause a threat to the rights and safety of others or property. (10) No person, commercial vendor or company shall dispense or sell material, goods or items on the area. (11) Drones/UAV’s may not be flown within the boundary of any ODFW owned, managed, or controlled area except for administrative use. (12) The Department may manage, control or humanely remove any non-native or invasive species from Department owned, managed, or controlled areas for the purpose of protecting native wildlife and their habitats. (13) All dogs must be kept on a leash, except: (a) While accompanied by a licensed hunter when being used to hunt game birds, including while going to or coming from hunting locations; (b) In a posted dog training area; (c) While the dog is under direct control in a posted parking area, designated campground or on a road currently open to public motor vehicle traffic; or (d) As otherwise specified in 635-008-0112, 0147, 0190, 0211. (14) it is unlawful to dig and disturb any artifact or archaeological specimen on any public land per ORS Chapter 358 and federal law under the Archaeological Resources Protection Act of 1979. (15) Possession and use of fireworks, explosives, or similar materials is prohibited. (16) The Department may issue access permits allowing exceptions to these rules for uses or activities compatible with the purpose of each area, and consistent with the goals and objectives of the respective management plan where applicable. (17) Notwithstanding any other regulation to the contrary, in no event may any person be excluded from day use areas for sleeping during daylight hours nor a criminal sanction be issued to an individual experiencing homelessness for violations except those regulations related to the conduct of that individual.