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Oregon state laws

This is a discussion on Oregon state laws within the Laws/Legality and Ethics forums, part of the Herpetological Science & Politics category; Laws on keeping amphibians intrigue me. While doing a search I can across some interesting laws for Oregon. The way ...

Laws/Legality and Ethics Discussion of the laws affecting herpetology around the world. Species legalities in different jurisdictions, import/export of animals, the legalities of species collection and the ethical considerations of all of the above.

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Old 7th March 2010   #1 (permalink)
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Default Oregon state laws

Laws on keeping amphibians intrigue me. While doing a search I can across some interesting laws for Oregon. The way I read it is darn near any salamander can be invasive in Oregon. What is your take?
http://arcweb.sos.state.or.us/rules/...35/635_056.htm



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Old 7th March 2010   #2 (permalink)
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Default Re: Oregon state laws

oops. I goofed up the link. Anyhow it looks like Oregon has some very restrictive laws.



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Old 7th March 2010   #3 (permalink)
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Default Re: Oregon state laws

Dept. of Fish and Wildlife_635_056

Try this



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Old 7th March 2010   #4 (permalink)
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Default Re: Oregon state laws

Aye, they are pretty heavy there. This was the first state I had ever seen Cynops species outlawed. In their defense, at least they list exactly what is prohibited.



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Old 25th April 2010   #5 (permalink)
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Default Re: Oregon state laws

I'm certain you may have seen this Michael. I just stumbled across this:

http://www.dfw.state.or.us/OARs/44.pdf

These are the 2010 Oregon laws as they pertain to species native to the state.



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Old 25th April 2010   #6 (permalink)
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Default Re: Oregon state laws

From talking with people in Oregon I believe the laws were set up to protect native Oregon species from being wild caught and sold into the pet trade (hence all of the oregon species being illegal). Unfortunately I think it is still legal to sell them out of state so the law has more or less zero impact. CA has unsuccessfully attempted the same thing but does not bother to list species.



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Old 25th April 2010   #7 (permalink)
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Default Re: Oregon state laws

The link Johnny gives is about protecting native Oregon wildlife. The link I gave is more about possesing non native animals in Oregon. Oregon took the shotgun approach. Instead of restricting animals that are proven threats to wildlife the just outlawed keeping most salamanders in the state wether they are native or non native.



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Old 23rd August 2010   #8 (permalink)
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Default Re: Oregon state laws

So are my dreams of keeping a cute little newt crushed?

p.s. new here, looking to get into the hobby, but it looks like my state might not allow it.



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Old 6th November 2011   #9 (permalink)
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Default Re: Oregon state laws

Quote:
Originally Posted by michael View Post
That one appears to be broken now. Here is the updated link:
Oregon Secretary of State Archives Division



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Old 7th November 2011   #10 (permalink)
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Default Re: Oregon state laws

There isn't a lot that's legal in Oregon, but it's more than in Washington.

In OR, you can possess:
Dicamptodon tenebrosus
all non-native Plethodontidae except Desmognathus marmoratus
all Hynobiidae except whatever Frank and Ramus considered "Ranodon" in 1996
Plethodon vehiculum
Plethodon dunni
Ensatina eschscholtzii
most Ambystomatidae except anything considered A.tigrinum or A.mavortium, but including A.macrodactylum and A.gracile
almost no Salamandridae, but Taricha granulosa, Notophthalmus perstriatus, N.meridionalis, Neurergus spp., and Chioglossa.

The use of Frank and Ramus (1996) as a standard for exotic species is lamentable - it's seriously out of date. However, I don't think there's anything else which covers the same subject as extensively. ASW would be perfectly appropriate for amphibians alone.

When Plethodon idahoensis is formally reported [it has been reported, but only as a passing and vague reference] from Oregon, it will likely become protected. The previous time I read through OR laws, new discoveries within the state were automatically protected, until they could be properly evaluated.



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Old 27th November 2011   #11 (permalink)
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Default Re: Oregon state laws

Oregon has so many laws because the environment is ideal for almost every species of amphibian. They already have alot of trouble with the native turtles because so many people have been releasing adult red eared sliders into the wild because they bought them as babies and didnt realize how big they get so once they got too big they just put them in a pond somewhere and they have been outcompeting native species like painted turtles. Its very sad because Oregon has such a rich, diverse and beautiful wild population, it would be a shame to see any species go extinct because of humans.



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Old 27th November 2011   #12 (permalink)
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Default Re: Oregon state laws

Quote:
Originally Posted by FrogEyes View Post
There isn't a lot that's legal in Oregon, but it's more than in Washington.


The use of Frank and Ramus (1996) as a standard for exotic species is lamentable - it's seriously out of date. However, I don't think there's anything else which covers the same subject as extensively. ASW would be perfectly appropriate for amphibians alone.
A complete guide to Scientific Names and Common Names of Reptiles and Amphibians of the World by Frank and Ramus was great for its time. It would be great to see an update but they are both out of the business. They were local and I used to see them both often.




Last edited by Jennewt; 5th December 2011 at 00:52. Reason: added end-quote tag
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Old 28th November 2011   #13 (permalink)
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Default Re: Oregon state laws

I don't have a copy of it, in any edition. If you look at the WA laws however, either Frank and Ramus, or the WA legislators botched things. They listed Echinotriton as "mountain salamanders", and prohibited these rather than Tylototriton. My impression was that someone thought that the former name replaced the latter, which is essentially impossible. It means that in this respect WA laws probably achieved an almost antithetical result to that which was intended.

ASW is certainly a good taxonomic reference, but most versions share a primary weakness - they're not publications and thus carry no taxonomic weight. Since ASW is only available online it is subject to unreported revision, which means that it's questionable that when one refers back to it, it will say the same thing as when first referenced. Bad idea where laws [or taxonomy] are concerned. A simple solution would be for each "edition" to also be validly published in print to the standards of the ICZN.



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Old 4th December 2011   #14 (permalink)
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Default Re: Oregon state laws

Quote:
Originally Posted by FrogEyes View Post
There isn't a lot that's legal in Oregon, but it's more than in Washington.

In OR, you can possess:
Dicamptodon tenebrosus
all non-native Plethodontidae except Desmognathus marmoratus
all Hynobiidae except whatever Frank and Ramus considered "Ranodon" in 1996
Plethodon vehiculum
Plethodon dunni
Ensatina eschscholtzii
most Ambystomatidae except anything considered A.tigrinum or A.mavortium, but including A.macrodactylum and A.gracile
almost no Salamandridae, but Taricha granulosa, Notophthalmus perstriatus, N.meridionalis, Neurergus spp., and Chioglossa.

The use of Frank and Ramus (1996) as a standard for exotic species is lamentable - it's seriously out of date. However, I don't think there's anything else which covers the same subject as extensively. ASW would be perfectly appropriate for amphibians alone.

When Plethodon idahoensis is formally reported [it has been reported, but only as a passing and vague reference] from Oregon, it will likely become protected. The previous time I read through OR laws, new discoveries within the state were automatically protected, until they could be properly evaluated.

Actually you are legally allowed to own A.tigrinium in Oregon as long as it is not a nonnative supspecies.



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Old 5th December 2011   #15 (permalink)
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Default Re: Oregon state laws

Quote:
Originally Posted by SkinksGalore77 View Post
Actually you are legally allowed to own A.tigrinium in Oregon as long as it is not a nonnative supspecies.
There are no native A. tigrinum in Oregon. The native tiger sals in Oregon are A. mavortium.

Considering how careful Oregon is about all this, I was surprised to learn that axolotls are legal there.



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Old 5th December 2011   #16 (permalink)
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Default Re: Oregon state laws

This is kinda off topic but I was wondering if anyone knew what the collecting laws on ensatina are



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Old 5th December 2011   #17 (permalink)
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Default Re: Oregon state laws

As stated above, ensatinas are unprotected and legal to possess [and capture]. The law also has requirements for the keeping of wildlife, regardless of whether a permit is involved in their keeping:

Quote:
635-044-0132
Nongame Wildlife Nonprotected
Quote:
(1) Any nongame wildlife species that is not provided for in 635-044-0130, or is not otherwise
protected by statute or rule, is nonprotected.
(2) Any nonprotected wildlife taken from the wild and possessed shall be maintained in a humane
manner as follows:
(a) Food and water of sufficient quantity and quality to allow for normal growth or maintenance of
body weight, shelter sufficient to protect the animal from adverse elements, and any other requirement
particular to the animal's survival shall be provided;
(b) Sufficient space for exercise necessary for the health of the animal shall also be provided;
(c) Confinement areas shall be kept reasonably clean and free from excess waste or other
contaminants which could affect the animal's health;
(d) A level of care deemed necessary by a reasonably prudent person shall be provided to prevent
distress from captivity, injury, neglect or disease;
(3) It is unlawful for any person possessing wildlife to cause or allow such wildlife to be chased,
injured, harmed, harassed, molested, worried, frightened, or neglected, except wildlife taken under a
Scientific Taking Permit.


As to this:
Quote:
Actually you are legally allowed to own A.tigrinium in Oregon as long as it is not a nonnative supspecies
It's clearly misunderstood, and in effect wrong, as Jen indicates.

Regarding exotic amphibians, here's the relevant law, with the native law already posted above:
Quote:
(c) Prohibited Amphibians: Common Name Family Genus/species:
(A) Order Caudata:
(i) Tiger salamander Ambystomatidae Ambystoma tigrinum All nonnative sub-species;
So Ambystoma mavortium, the only tiger species to occur in Oregon, is protected and illegal to possess in its entirety, regardless of subspecies or place of origin. Ambystoma tigrinum from outside of Oregon is prohibited in its entirety, which is the entire species, regardless of subspecies or place of origin. The subspecies melanostictum is native to Oregon, and will appear under older classifications as A.tigrinum melanostictum. While you might think this makes it legal, it doesn't, since it and all other subspecies are now included in Ambystoma mavortium - the protected native. The law explicitely protects the native, and implicitly uses updated classification.

In addition, blotched tigers are SPECIFICALLY protected as protected non-game:
Quote:
Nongame Wildlife Protected
(1) Except as provided by 635-043-0030, 635-200-0040, 635-044-00l5, 635-056-0080 and 635-044-
0200, it is unlawful for any person to hunt, trap, pursue, kill, take, catch, angle for, or have in possession,
either dead or alive, whole or in part, any:
(a) Threatened or Endangered animals as provided for in 635-100-0125; or
(b) Protected wildlife listed herein except as otherwise provided by the commission by permit, or with
respect to Pacific Lamprey, as authorized by a federally-recognized Indian tribe to which the Commission
has issued a permit authorizing that tribe to allow its members to take Pacific Lamprey at Willamette
Falls for personal use, with a tribal enrollment card in possession, within seasons and subject to
conditions established by the Commission. Nothing in this rule is intended to affect the provisions of
ORS 610.002 to 610.990.
...
(xxii) Blotched tiger salamander (Ambystoma mavortium melanostictum).
So no tiger salamander north of Mexico is legal in Oregon, with the exception of California tigers [IF you can obtain them legally], which have been treated as distinct since long before the split of A.mavortium. From Mexico, any species which has not recently been included in either A.tigrinum or A.mavortium is legal.



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Old 5th December 2011   #18 (permalink)
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Default Re: Oregon state laws

Okay thank you



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Old 7th March 2016   #19 (permalink)
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Default Re: Oregon state laws

Just looked through the OR laws and found an interesting potential loophole. Tylototriton are listed as "Tylotriton" which as far as I know has never been an accepted taxon. Does this potentially nullify the regulation since Tylotriton does not and has never existed?



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Old 9th March 2016   #20 (permalink)
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Default Re: Oregon state laws

I would not chance it and Oregon has another set of regulations that may take effect very soon if adopted (currently proposed).



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