603-073-0030 Criteria for the Listing, Reclassification, and Removal of Plant Species from the State List (1) The director, by rule, shall list a plant species as endangered or threatened, reclassify a listed plant species, or remove a listed plant species from the state list, in accordance with ORS 564.105–564.110 and these rules, upon a review of the best scientific and other data that meet the criteria described in sections (3), (4) and (6) of this rule. The scientific information shall consist of documented and verifiable information on the biological status of the species, and shall include relevant abiotic data. (2) Native plant species appearing on the federal list of endangered or threatened species shall not be removed from the state list. (3) To list a species as an endangered species, the director shall determine that: (a) The name and description of the species have been validly published or accepted for publication; (b) The species is native; and (c) The species is in danger of extinction throughout all or any significant portion of its geographic range. (4) To list a species as a threatened species, the director shall determine that: (a) The name and description of the species have been validly published or accepted for publication; (b) The species is native; and (c) The species is likely to become an endangered species within the foreseeable future throughout all or any significant portion of its geographic range. (5) In making a determination under subsection (3)(b) or (4)(b) and section (7) or (8) of this rule, involving the geographic range of the species, the director shall consider: (a) The total geographic area known to be inhabited by the species, and the portion therein in which the species is in danger of becoming extinct within the foreseeable future; and (b) The nature of the species’ habitat, including any unique or distinctive characteristics that might promote, maintain, or reduce the probability of threats or endangerment. (6) In addition to the criteria set forth in section (3) or (4) of this rule, in listing a plant species as endangered or threatened, the director shall determine, through appropriate and verifiable experimental or observational study, that the natural reproductive potential of the species is in danger of imminent or continual failure due to limited population numbers, disease, predation, or other natural or human-induced factors affecting its existence. In addition, the director shall determine that one or more of the following factors exists: (a) That most populations of the species are undergoing imminent or active deterioration of geographic range or habitat; (b) That over-utilization of the species or its habitat for commercial, recreational, scientific, educational, or other purposes is occurring or is likely to occur; or (c) That existing state or federal programs or regulations are inadequate to protect the species or its habitat. (7) Before removing a plant species from the state list as an endangered or threatened species, the director shall determine through appropriate verifiable research that none of the factors set forth in section (6) of this rule are true of the species for which removal is considered, and that the species is not in danger of becoming extinct throughout all or any significant portion of its geographic range. (8) In reclassifying a plant species from a threatened species to an endangered species, the director shall determine through appropriate verifiable research, in addition to the factors set forth in section (6) of this rule, that the likelihood of survival of the species has diminished such that the species is in danger of extinction throughout all or any significant portion of its range. In reclassifying a plant species from an endangered species to a threatened species, the director shall determine through appropriate verifiable research that the likelihood of survival of the species has increased, such that the species is no longer in danger of extinction throughout all or any significant portion of its geographic range. (9) In making the determinations required under sections (3), (4), (6), (7), and (8) of this rule, the director shall consult with: (a) A Technical Advisory Committee selected by the director, comprised of at least one department botanist and no fewer than four additional scientists; (b) Representatives of other states having a common interest in the species; (c) Affected federally-recognized Indian tribes; (d) Affected federal, state, or local government agencies and may consult with: (e) Other interested agencies; and (f) Interested persons with pertinent knowledge whose names are included on the director’s mailing list for such purposes. Statutory/Other Authority: ORS 561 & 564 Statutes/Other Implemented: ORS 561.190, 564.020 & 564.105 History: DOA 23-2023, amend filed 06/08/2023, effective 06/08/2023 AD 13-1995, f. & cert. ef. 7-12-95 AD 16-1989, f. & cert. ef. 10-27-89