603-073-0002 Definitions of Terms As used in these rules: (1) “Action” or “Land Action” means any activity resulting, or potentially resulting, in the taking of a threatened or endangered species, including all ground disturbing, vegetation disturbing, plant growth suppressing, or reproduction inhibiting activities within the known or suspected habitats of such species, or release of biocontrol agents directed at noxious weeds or other pest plant species, as well as any exchange, transfer, or sale of state-owned land that would result in any population of a listed species being removed from state jurisdiction (i.e., the land is no longer state-managed, as defined in these rules). (2) “Candidate Species” means any plant species designated for study by the director whose numbers are believed low or declining, or whose habitat is sufficiently threatened and declining in quantity and quality, so as to potentially qualify for listing as a threatened or endangered species in the foreseeable future. (3) “Department” means the Oregon State Department of Agriculture. (4) “Director” means the Director of the Oregon State Department of Agriculture, or his or her designated representative. (5) “Endangered Species” means: (a) Any native plant species determined by the director to be in danger of extinction throughout all or any significant portion of its range; or (b) Any plant species listed as an endangered species pursuant to the federal Endangered Species Act of 1973 (PL 93-205, 16 USC § 1531), as amended. (6) “Federal List” means the list of native plant species designated as endangered or threatened under the federal Endangered Species Act of 1973 (PL 93-205, 16 USC § 1531), as amended. (7) “Land Action” — See “Action.” (8) “Listed Species” means any or all species listed as endangered or threatened under the procedures set forth in ORS 564.040–564.135 and these rules. (9) “Native” means any indigenous or resident species currently or historically found in this state. (10) “Ongoing Action” means any current continuous or intermittent action initiated prior to the enactment of these rules. (11) “Person” means any person, individual, corporation, institution, company, society, association, firm, partnership, cooperative, or governmental or political subdivision or agency thereof. (12) “Plant” means any member of the Bryophyta or any vascular plant, including the spores, seeds, fruits, roots, or any other parts thereof. (13) “Population” means a specific set of individuals of a species within a defined geographical area. (14) “Reproductive Potential” means the capability of a species or population to successfully reproduce and recruit individuals at a rate necessary to perpetuate the species or population. (15) “Species” means any species, subspecies, or variety of plant. (16) “State Agency” means any publicly funded governmental subdivision of the State of Oregon including, but not limited to, state, county, and municipal agencies, public utility districts, state institutions of higher learning, public school districts, port authorities, public irrigation districts, and publicly owned airports. (17) “State-Leased” land(s) mean any state-owned land(s) leased by a state agency to another agency or person, or, any land(s) not owned by the state but leased by the state from another person. (18) “State-Managed” land(s) mean any state-owned or -leased land(s), or land(s) for which the state holds a recorded easement. (19) “State List” means the official list of plant species designated by the director as endangered or threatened under the procedures set forth in ORS 564.040–564.135 and these rules. (20) “Take” means to collect, cut, damage, destroy, dig, kill, pick, remove, transplant, transport, or otherwise disturb, including the collection or disruption of pollinators, or other organisms shown by research to be required by the listed species to effectively grow or reproduce. (21) “Threatened Species” means: (a) Any native plant species the director determines is likely to become endangered within the foreseeable future throughout all or any significant portion of its range; or (b) Any plant species listed as a threatened species pursuant to the federal Endangered Species Act of 1973 (PL 93-205, 16 USC § 1531), as amended. Statutory/Other Authority: ORS 561 & 564 Statutes/Other Implemented: ORS 561.190, 564.020 & 564.105 History: AD 13-1995, f. & cert. ef. 7-12-95, Renumbered from 603-073-0020 AD 16-1989, f. & cert. ef. 10-27-89