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Wildlife Hot Topics - Cervid rules: Reopening of public comment through May 6, 2008

NOTICE OF LIMITED REOPENING OF PUBLIC COMMENT PERIOD THOUGH MAY 6
CERVID RULEMAKING
OREGON FISH AND WILDLIFE COMMISSION

On April 18, 2008, the Fish and Wildlife Commission closed the public comment period on proposed changes to rules governing the private holding of cervids.  After the comment period had closed, at least one member of the public contacted a member of the Commission about the proposed rules. 

To ensure a fair rulemaking process with an equal opportunity for all commenters, Oregon law generally prohibits submission of public comments after the comment deadline.  Oregon Revised Statutes 183.335(14) provides:

"When an agency has established a deadline for comment on a proposed rule..., the agency may not extend that deadline for another agency or person unless the extension applies equally to all interested agencies and persons. An agency shall not consider any submission made by another agency after the final deadline has passed."

The Commission is reopening the comment period for all members of the public for a limited time.  The Commission will now accept written public comments on the proposed rules until 5 p.m. on Tuesday, May 6.  Comments may be submitted via postal mail (3406 Cherry Ave NE, Salem, OR 97303), e-mail (odfw.comments@state.or.us) or fax (503 947 6330).  The Commission intends to take final action on the cervid rules at its May 9 meeting.  The Commission will not take public comment at that meeting.

Proposed Cervid Rulemaking Package - Oregon Fish and Wildlife Commission

The Oregon Fish and Wildlife Commission is entering a formal rulemaking process to consider amending administrative rules governing the private holding of cervids (deer, elk and other members of the family cervidae). The Commission is the seven-member policy-making body for fish and wildlife issues in the state. Rulemaking is the process the law requires whenever a state agency proposes to adopt, amend or repeal administrative rules. The rule package for this particular rulemaking consists of proposals to:

  • Completely rewrite the Division 49 rules which govern the private holding of cervids;
  • Make related housekeeping changes to cervid-related definitions in the Division 45 rules; and
  • Make permanent a recent temporary rule change to the Division 200 rules that clarified authority to sell certain elk meat in Oregon.

The public comment period on this package of proposed rule changes will extend through the Commission's April 18, 2008 meeting, at which time the Commission plans to make a final decision. Comments can be emailed to ODFW.Comments@state.or.us, mailed to ODFW Wildlife Division, 3406 Cherry Ave NE, Salem, OR 97302; or made in person during the April 18 Commission meeting.  

The pages below show the specific rule changes being proposed as part of this rulemaking process.  Proposed deletions of language are shown with brackets and strikethrough: [example]   Proposed additional language is shown with boldface and underlining:  example

Draft Division 049 Oregon Administrative Rules (pdf)

Draft Division 045 Oregon Administrative Rules (pdf)

Draft Division 200 Oregon Administrative Rules (pdf)

Fiscal Impact Statement (pdf)

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