Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 73 - PLANTS: WILDFLOWERS AND ENDANGERED, THREATENED, AND CANDIDATE SPECIES › Section 603-073-0110 - Reintroduction and Transplantation Protocols

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department may artificially augment
			 populations of listed species in appropriate habitat on state-managed lands, or
			 on other lands with permission of the owner. Such activities may include adding
			 new plants to an existing population of the species (enhancement); creating an
			 entirely new population of the species at an historic site where the species is
			 now considered extinct (reestablishment); or developing a new population at a
			 site deemed environmentally appropriate, but where there is no evidence of
			 previous occurrence (introduction).
(2) Other persons may also enhance,
			 reestablish, or introduce populations of listed species, contingent upon
			 acquisition of a research permit, per OAR 603-073-0100(5). This activity may
			 take place only after the person provides evidence to the department, in a
			 written proposal (as part of the research permit application), that the project
			 will be consistent with the conservation and recovery of the species, and not
			 inconsistent with agency land management goals. if the work is proposed for
			 other than state-managed lands, written permission of the land owner is
			 required. Moreover, the development of new populations may proceed only when
			 the proposal also demonstrates that the activity does not constitute an
			 interference with the practices and actions of local public and private
			 landowners on their own property. Specifically, reestablishment or introduction
			 of new populations of listed plant species may not take place if it is
			 determined by the managing state agency that such action, even if solely on
			 state-managed lands, would hinder the lawful use of pesticides on adjacent
			 agricultural, forest, or other properties.
(3) The department reserves the right to
			 approve or deny any proposal for enhancing, reestablishing, or introducing
			 populations of listed species on state-managed lands. Such a proposal shall be
			 submitted to the department at least 180 days prior to the anticipated start of
			 field work. The department shall respond to the proposal within 60 days of
			 receipt. Failure to provide a written proposal to the department within the
			 above time frame, or to evaluate potential effects on adjacent landowners when
			 selecting sites for new populations of listed species, may result in the
			 population(s) not being protected under these rules.
(4) Enhancing, reestablishing, or introducing
			 populations of listed species may be accomplished by the distribution of seeds
			 or other propagules, the transplantation of plants cultivated from seeds or
			 vegetative organs, or the transplantation of wild plants from one site to
			 another. Any proposal to enhance, reestablish, or introduce populations of a
			 listed species will be reviewed by the department to ensure that appropriate
			 considerations are given to genetic factors, and that the activity is in the
			 conservation interest of the species. In making any determination on the
			 soundness of a proposal, the department may consult with the U.S. Fish and
			 Wildlife Service or other appropriate federal agency, affected state agencies,
			 any affected private parties, the department's Technical Advisory Committee (as
			 described in these rules), or any recognized experts in horticulture, plant
			 genetics, plant conservation biology, or related fields. Finally, any proposal
			 involving the take of any listed species (as defined in these rules) must
			 follow the permit requirements outlined in OAR 603-073-0100.
(5) Reestablished and introduced populations
			 are considered experimental and, with respect to recovery evaluations, shall
			 not initially be tallied among the total number of natural populations known
			 for a species. To be recognized as formally established, there must be
			 verifiable biological evidence that a population is self-perpetuating and
			 likely to persist and remain viable, defined as follows:
(a) For annual or biennial species,
			 reproducing individuals must reappear at the site for five or more successive
			 years, with the population size during the fifth or any later year not less
			 than 80% that of the original number of plants that survived to reproduce in
			 the first year after population establishment (with these originating from
			 vegetative transplants or sown seed);
(b) For herbaceous and woody perennial
			 species, reproducing individuals must reappear at the reintroduction site for
			 eight or more successive years, with the population size during the eighth or
			 any later year not less than 80% that of the original number of plants that
			 survived to reproduce in the second year (in the case of populations
			 originating from vegetative plantings) or third year (for perennial species
			 started from seed);
(c) To be
			 considered formally established, the size of artificially created populations
			 must equal, or exceed, 90% of the estimated mean size of extant natural
			 populations for the species existing at the time of initial planting (to be
			 determined in consultation with the department). Alternately, created
			 populations may also be considered established if they attain 90% of the
			 estimated mean size of existing natural populations by their fifth year (for
			 annuals and biennials) or eighth year (for perennials), or during any
			 subsequent year.