justicedao/ipfs_state_laws huggingface dataset:
635-100-0040 Sensitive Species List (1) For the purpose of prioritizing conservation actions to prevent species from becoming eligible for listing as threatened or endangered species, the category of sensitive species is established. "Sensitive" refers to 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. The sensitive species list shall be updated by the department every 5 years, distributed to state and federal resource agencies, and made available to any member of the public upon request. (2) A wildlife species shall qualify for inclusion on the sensitive species list if: (a) Its numbers are declining at a rate such that it may become eligible for listing as a threatened species; or (b) Its habitat is threatened or declining in quantity or quality such that it may become eligible for listing as a threatened species. (3) A wildlife species shall qualify for removal from the sensitive species list if: (a) Its numbers are not or are no longer declining at a rate such that it may become eligible for listing as a threatened species; and (b) Its habitat is not or is no longer threatened or declining in quantity or quality such that it may become eligible for listing as a threatened species. (4) In making a determination under subsections (2) and (3) of this rule, the Department will consider the factors described in 635-100-0105 subsections (5) and (6). (5) In addition to the 5-year review, the Department may add a species to or remove a species from the sensitive species list at any time based on new or additional information on species population status, habitat or threats. (6) Any person may request that a species be included on or removed from the sensitive species list. Any request must be in writing, stating the reasons for the requested action and briefly outlining the status of the species and how its condition meets the criteria enumerated in this rule for inclusion or removal. The department shall review any such request, determine if the species qualifies for the requested action, and shall notify the person making the request of its decision within 90 days of receipt of the request. Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 History: DFW 108-2009, f. & cert. ef. 9-8-09 DFW 22-1998, f. & cert. ef. 3-13-98 FWC 96-1988, f. & cert. ef. 9-30-88
635-100-0080 Threatened and Endangered Species List Policy Statement The commission’s long-term goal for species listed as threatened or endangered under the state Endangered Species Act is to manage the species and their habitats so that the status of the species improves to a point where listing is no longer necessary. The commission intends to accomplish this goal through voluntary incentives, encouraging appropriate species management, coordinated planning, habitat protection and restoration, and other means as appropriate, in a manner consistent with the provisions of ORS 496.182(1). Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 History: DFW 22-1998, f. & cert. ef. 3-13-98
635-100-0111 Reclassifying Threatened and Endangered Species (1) The commission shall reclassify a wildlife species from a threatened status to an endangered status if it determines that the species meets any of the factors set out in OAR 635-100-0105(6). In addition, the commission shall also determine that the likelihood of survival of the species has diminished such that the species is in danger of extinction throughout any significant portion of its range within the state. (2) The commission shall reclassify a wildlife species from an endangered status to a threatened status if it determines that the likelihood of survival of the species has increased such that the species is not in danger of extinction at the present time throughout any significant portion of its range within the state. Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 History: DFW 22-1998, f. & cert. ef. 3-13-98
635-100-0112 Removing Threatened and Endangered Species from the State List The commission by rule many remove a wildlife species from the state list upon a review of the best available scientific and other data which meets the criteria set forth below. The scientific information shall be documented and verifiable information related to the species’ biological status. Before removing a wildlife species from the state list, the commission shall determine: (1) The species is not, or is not likely to become within the foreseeable future, in danger of extinction throughout any significant portion of its range in this state, or is not at risk of becoming endangered throughout any significant portion of its range in this state. (2) That the natural reproductive potential of the species is not in danger of failure due to limited population numbers, disease, predation or other natural or human-related factors affecting its continue existence; and (3) The species no longer qualifies for listing under OAR 635-100-0105(6). Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 History: DFW 22-1998, f. & cert. ef. 3-13-98
635-100-0113 Threatened and Endangered Species Technical Committees The director may appoint a technical committee to evaluate the information contained in a petition or staff report to either list, reclassify or remove a species from the state list. Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 History: DFW 22-1998, f. & cert. ef. 3-13-98
635-100-0115 Threatened and Endangered Species Temporary Listing (1) Notwithstanding any other provisions of OAR 635, division 100, the commission shall adopt a temporary rule to add a wildlife species to the list of threatened or endangered species if it determines that there is a significant threat to the continued existence of the species within the state. (2) Upon the determination required under section (1) of this rule, the commission shall publish notice of the addition to the list in the Secretary of State’s bulletin and shall mail notice to affected or interested persons whose names are included on the commission’s mailing list for such purposes. (3) The temporary rule shall take effect immediately upon filing in the Secretary of State’s bulletin and shall remain in effect not more than 180 days during which time the commission may undertake the rulemaking procedures provided for in OAR 635, division 100. Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 History: DFW 22-1998, f. & cert. ef. 3-13-98 FWC 50-1988, f. & cert. ef. 6-24-88
635-100-0120 Threatened and Endangered Species Periodic Review of List (1) The commission shall review each listed species at least once every five years to determine if verifiable scientific information exists to justify reclassification or removal from the list. (2) The review under section (1) of this rule shall be conducted according to the criteria and procedures set forth in OAR 635-100-0105, 635-100-0110, 635-100-0111 (Reclassifying Species), and 635-100-0112 (Removing Species from the State List). (3) If the commission makes the required determination under subsection (1) of this rule, the commission shall, within 90 days of the determination, commence the process of rulemaking to change the status of the species. (4) The department shall notify affected state agencies of the commission’s review determinations and may recommend management alternatives to the agencies. Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 History: DFW 22-1998, f. & cert. ef. 3-13-98 FWC 50-1988, f. & cert. ef. 6-24-88
635-100-0125 State List of Threatened and Endangered Species The state list of threatened and endangered species is as follows: Statutory/Other Authority: 496.172 & 496.182 Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 History: DFW 13-2024, amend filed 02/21/2024, effective 02/21/2024 DFW 103-2021, amend filed 07/15/2021, effective 07/15/2021 DFW 26-2021, amend filed 03/16/2021, effective 03/16/2021 DFW 50-2017, f. & cert. ef. 4-25-17 DFW 74-2018, amend filed 06/20/2018, effective 06/20/2018 DFW 153-2015, f. & cert. ef. 11-10-15 DFW 23-2012, f. & cert. ef. 3-14-12 DFW 26-2007, f. & cert. ef. 4-19-07 DFW 93-2005, f. & cert. ef. 8-19-05 DFW 66-2005(Temp), f. & cert. ef. 7-1-05 thru 12-12-05 DFW 5-2000, f. 2-3-00, cert. ef. 2-4-00 DFW 2-2000(Temp), f. & cert. ef. 2-1-00 thru 7-28-00 DFW 91-1999(Temp), f. 12-2-99, cert. ef. 1-1-00 thru 6-28-00 DFW 80-1999(Temp), f. 10-11-99, cert. ef. 11-1-99 thru 4-27-00 DFW 63-1999(Temp), f. 9-10-99, cert. ef. 10-1-99 thru 3-28-00 DFW 54-1999(Temp), f. 8-10-99, cert. ef. 9-1-99 thru 2-27-00 DFW 51-1999, f. & cert. ef. 7-22-99 DFW 49-1999(Temp), f. 7-13-99, cert. ef. 8-1-99 thru 1-27-00 DFW 44-1999(Temp), f. & cert. ef. 7-1-99 thru 12-27-99 DFW 33-1999(Temp), f. 5-7-99, cert. ef. 6-1-99 thru 11-27-99 DFW 24-1999(Temp), f. 4-14-99, cert. ef. 5-1-99 thru 10-27-99 DFW 18-1999(Temp), f. 3-12-99, cert. ef. 4-1-99 thru 9-27-99 FWC 93-1995, f. & cert. ef. 12-8-95 FWC 44-1995, f. & cert. ef. 5-30-95 FWC 69-1993, f. & cert. ef. 11-1-93 FWC 132-1991, f. 11-19-91, cert. ef. 11-20-91 FWC 130-1991, f. & cert. ef. 11-4-91 FWC 46-1991, f. 5-1-91, cert. ef. 5-6-91 FWC 40-1989, f. 6-20-89, cert. ef. 7-1-89 FWC 108-1988, f. & cert. ef. 12-29-88 FWC 50-1988, f. & cert. ef. 6-24-88
635-100-0130 Requirement for Survival Guidelines For threatened species listed in OAR 635-100-0125 after 1995 (enactment of ORS 496.182(2)) and, in the absence of an approved endangered species management plan as provided in OAR 635-100-0140, the following requirements apply: (1) Before a state agency takes, authorizes, or provides direct financial assistance for any action on land owned or leased by the state, or for which the state holds a recorded easement, the state agency shall consult with the department to determine whether the action is consistent with the survival guidelines established by the commission pursuant to ORS 496.182(2) and OAR 635-100-0105(9) and listed in 635-100-0135; (2) The agency shall notify the department in the event it is determined the proposed action has the potential to violate the survival guidelines. Within 90 days of such notice, the department shall recommend reasonable and prudent alternatives, if any, to the proposed action which are consistent with the guidelines. (3) If a state agency fails to adopt the recommendations made by the department under section (2) of this rule, it shall consult with the department and demonstrate in writing that: (a) The potential public benefits of the proposed action outweigh the potential harm from failure to adopt the recommendations; and (b) Reasonable mitigation and enhancement measures shall be taken, to the extent practicable, to minimize the adverse impact of the action on the affected species. Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 History: DFW 51-1999, f. & cert. ef. 7-22-99 DFW 22-1998, f. & cert. ef. 3-13-98 FWC 50-1988, f. & cert. ef. 6-24-88
635-100-0135 Survival Guidelines for Species Listed as Threatened or Endangered (1) As required by ORS 496.182 and OAR 635-100-0130, this rule describes survival guidelines for those species that were listed as threatened or endangered in 635-100-0125 after enactment of ORS 496.182(2). Survival guidelines described in this rule apply to state agencies that own or manage land where threatened or endangered species are present (OAR 635-100-0130). (2) Coho salmon with historic distribution in Columbia River tributaries downstream from Hood River qualify, by commission action, as an endangered species (OAR 635-100-0125) effective July 1999. These fish, known as lower Columbia River coho salmon, occur only in the Clackamas River and Sandy River watersheds at the time of listing. The survival guidelines are as follows: (a) To prevent further degradation of water quality and water quantity, actions shall be avoided that: (A) Cause a violation of water quality standards established by the Oregon Department of Environmental Quality; or (B) Reduce stream flows below levels established in in-stream water rights by the Oregon Water Resources Department. (b) To conserve stream gravel, actions shall be avoided that remove gravel from areas used by naturally spawning coho salmon; (c) To protect riparian areas along those streams used by coho salmon for either spawning or juvenile rearing, actions shall be avoided that: (A) Eliminate mature forests within 100 feet of streams; (B) Prevent the natural re-establishment of mature forests within 100 feet of streams in areas where a mature forest previously existed; or (C) Degrade vegetative cover within 100 feet of streams in areas where no forest has previously existed. (d) To ensure survival of migrating coho juveniles and returning adults, activities shall be avoided that are inconsistent with: (A) Fish passage statutes ORS 498.351 and 509.605. These statutes require adequate upstream and downstream fish passage at dams or artificial obstructions; or (B) Fish screening statutes ORS 409.301 through 498.346 and 509.615. These statutes regulate water diversions and the prevention of fish from entering water diversions. (e) The total mortality impacts on ocean and in-river fisheries shall not exceed 15% of the total adult abundance of wild Lower Columbia coho salmon; (f) The impacts of hatchery programs for coho salmon in the lower Columbia River on wild coho populations shall be consistent with the limits imposed by the Wild Fish Management Policy (OAR 635-007-0527). Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 History: DFW 51-1999, f. & cert. ef. 7-22-99
635-100-0150 Endangered Species Requirements for Agencies Other than State Land Owning or Managing Agencies (1) In consultation and cooperation with agencies other than state land owning or managing agencies, the commission shall determine whether those agencies can serve a role in the conservation of the endangered species. If the commission determines that an agency has a role, it shall notify the agency in writing. Once notified, the agency shall determine what role it shall serve. This role may include, but is not limited to, conservation of the species, contribution toward conservation or take avoidance. In making this determination, the agency shall: (a) Consult with the department concerning the biological aspects of managing the species; (b) Consider the impact its actions and programs may have on the conservation of the species and its habitat; (c) Consider the commission’s survival guidelines for the listed species; and (d) Consider its statutory obligations. (2) To carry out its consultation role under this rule, the department shall provide agencies with an assessment of the conservation need of the species, as well as a list of the existing management rules, plans and other management guidelines and biological information related to the management of the listed species. (3) Once the agency determines what role it shall serve in the conservation of the species, the agency shall provide the commission a written description of its role, with an explanation of how it developed the role and how it intends to achieve the role. This explanatory statement shall address the following: (a) What programs are covered by the statement; (b) What role the agency will play in conservation of the species and how the agency defined the role; (c) What actions the agency will take to achieve the defined role; (d) Whether the agency will reassess and review its actions to achieve the role, and if so, how and when; (e) Whether the agency will monitor its actions, and if so, how and when; (f) How the agency’s role and actions relate to state, federal and other recovery efforts. Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 History: DFW 22-1998, f. & cert. ef. 3-13-98
635-100-0160 Classification of Agencies (1) For purposes of OAR 635-100-0140 (Endangered Species Management Plans for State Land Owning or Managing Agencies), the following agencies (or programs within identified agencies) shall be considered a “state land owning or managing agency”: (a) Oregon Department of Fish and Wildlife; (b) Oregon Department of Forestry; (c) Oregon Parks and Recreation Department; (d) Oregon Department of Administrative Services; (e) Oregon Division of State Lands (all proprietary programs); (f) State Land Board; (g) Oregon Department of Education; (h) Oregon Department of Transportation; (i) Oregon Military Department; (j) Oregon State Hospital; (k) Department of Veteran’s Affairs (except as provided in ORS 496.182(6); (l) Department of Corrections; (m) Oregon State Board of Higher Education; and (n) Any other state agency that owns, leases or holds a recorded easement for land. (2) For purposes of OAR 635-100-0150 (Endangered Species Requirements of Agencies Other than State Land Owning or Managing Agencies), any other state agency whose actions or programs may impact state-listed endangered species or their habitats shall be considered an “agency other than a land owning or managing agency,” including but not limited to: (a) Oregon Department of Environmental Quality; (b) Oregon Department of Agriculture; (c) Oregon Department of Geology and Mineral Industries; (d) Department of Land Conservation and Development; (e) Oregon State Marine Board; (f) Oregon Department of Energy and Energy Facility Siting Council; (g) Columbia River Gorge Commission; (h) Oregon Division of State Lands (fill and removal program, wetland planning program); Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 History: DFW 22-1998, f. & cert. ef. 3-13-98
635-100-0170 Threatened and Endangered Species Incidental Take Permits (1) Except as provided in this rule, the department may issue a permit to any person for the incidental take of a state-listed threatened or endangered species if it determines that such take will not adversely impact the long-term conservation of the species or its habitat. The department may issue the permit under such terms, conditions and time periods necessary to minimize the impact on the species or its habitat. An incidental take permit may be issued for individuals of more than one state-listed species. (2) To request an incidental take permit, the person shall submit an application and provide the information required on the form provided by the department. If the department is seeking an incidental take permit, it shall make application to the commission on the same form and under the same standards as provided in section (2) of this rule. (3) An incidental take permit shall not be issued for any species listed under the federal ESA. An incidental take permit or statement issued by a federal agency shall be considered a waiver of any state protection measures or requirements otherwise applicable to the actions allowed by the federal agency. (4) Notwithstanding subsection (1) of this rule, an incidental take permit may be granted for activities which affect listed coho that do not significantly decrease the likelihood that the fish will recover. Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 History: DFW 8-2002, f. & cert. ef. 1-24-02 Reverted to DFW 29-2000, f. 5-30-00, cert. ef. 5-30-00 thru 11-15-00 DFW 12-2001(Temp), f. 3-8-01, cert. ef. 3-12-01 thru 9-8-01 DFW 29-2000, f. 5-30-00, cert. ef. 5-30-00 thru 11-15-00 DFW 22-1998, f. & cert. ef. 3-13-98
635-100-0180 Western Snowy Plover The Western Snowy Plover Conservation Program, adopted under OAR 635-105-0000 to 635-105-0040, and the site specific management plans developed pursuant to that plan, shall serve as the survival guidelines for the Western Snowy Plover, Charadrius alexandrinus nivosus. Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 History: DFW 22-1998, f. & cert. ef. 3-13-98
635-100-0190 Lower Columbia River Coho Fishery Management (1) The mortality rate limit for wild coho salmon caught in Columbia River fisheries shall be set annually prior to the time these fisheries open. This limit shall not exceed the level specified in Table 1 of this rule corresponding with the observed parental escapement, expressed as a fraction of full seeding, and the index of marine survival for the upcoming adult coho return. (2) For the purpose of implementing the management strategy described in paragraph (1) of this rule the following definitions apply: (a) Parental escapement means the number of wild fish in the spawning population, expressed as a fraction of full seeding, that were the parents of the upcoming wild coho return; (b) Marine survival index means a forecast of ocean survival for 3-year old coho returning in the upcoming year based upon the number of 2-year old hatchery coho (jacks) observed the previous year divided by the number of hatchery smolts released in the spring of the same year the jacks returned; (c) Full seeding means the number of wild coho in a natural spawning population that is sufficient to produce maximum production of subsequent juvenile smolt offspring; (A) Pending further revision, full seeding for the Clackamas population means 3,800 wild adult coho as counted passing North Fork Dam; (B) Pending further revision, full seeding for the Sandy population means 1,340 wild adult coho as counted passing Marmot Dam. (3) Wild coho populations in the Clackamas and Sandy basins shall serve as the index stocks for the purposes of setting annual fishery mortality rate limits. (4) In those circumstances when ODFW deems the expected mortality of lower Columbia River wild coho in upcoming ocean fisheries is too high for conservation purposes, ODFW shall actively negotiate through the Pacific Fishery Management Council (PFMC) for regulations that yield a lower fishery mortality rate. (5) Achievement of fishery management strategies described in this rule is contingent on continuation of fishing regulations and fish marking programs that minimize the impact on wild fish through selective fishing methods and the manipulation of fishing season time and location. In addition, ODFW shall continue to explore new methods to further reduce the mortality of wild fish in all fisheries. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 Statutes/Other Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026 History: DFW 112-2001, f. & cert. ef. 12-14-01