Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 73 - PLANTS: WILDFLOWERS AND ENDANGERED, THREATENED, AND CANDIDATE SPECIES › Section 603-073-0090 - Protection and Conservation Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department shall develop guidelines
			 for the establishment, by rule, of conservation and protection programs for
			 listed species on state-managed lands. These programs may stipulate or
			 recommend activities associated with research, census, law enforcement, habitat
			 acquisition and maintenance, propagation, and any other method deemed
			 appropriate. While developing these guidelines the department shall consult
			 with affected state and federal agencies. The department may also consult with
			 other interested persons, as necessary.
(2) Priority in the development and
			 implementation of conservation guidelines will be given to species listed as
			 threatened or endangered under these rules, per ORS
			 564.105(7). By
			 written agreement, such programs may also be developed, in consultation with
			 affected agencies, for candidate species and other species recognized by state
			 or federal agencies in Oregon as deserving of protection, depending on the
			 availability and applicability of funds and the immediacy and seriousness of
			 the threats involved. The design and scope of conservation programs may vary,
			 according to species, and need not follow pre-determined formats. Conservation
			 programs for listed species may be entered into by private landowners without
			 permission or involvement of the department, as long as all activities occur
			 solely on the owner's property.
(3)
			 To administer the provisions of these rules, the department may enter into
			 agreements with federal agencies, other states, agencies or political
			 subdivisions of this state, or any other persons for the development and
			 management of any program established for the protection of listed, candidate,
			 or other plant species.
(4) The
			 department is authorized to receive properties, and receive and expend funds,
			 donations, grants, or other monies to accomplish the purposes of these
			 rules.
(5) All state agencies, in
			 consultation with the department, shall further the purposes of these rules by
			 carrying out any existing departmentally established conservation programs, per
			 ORS 564.105(3) and
			 these rules, for the protection of endangered or threatened plant species, and
			 by taking steps necessary to ensure that any action authorized, funded, or
			 carried out by said agencies on state-managed land will not jeopardize the
			 continued existence of listed species. When existing data indicate the presence
			 of a listed species on properties adjoining state-managed lands, whether
			 federal or private, state agencies will make a reasonable effort to ensure that
			 their actions will not result in population loss or decline of the listed
			 species on these sites. However, under the provisions of these rules, state
			 agencies are not responsible for inventories, protection, study, or any other
			 conservation management activities pertaining to populations of listed species
			 on such adjacent lands. In furtherance of this section, state agencies shall:
(a) Ascertain by their own field survey,
			 consultation with the department, or from the Oregon Natural Heritage Program
			 (see ORS 273 .566 and 273.576) if listed species occur or are likely to occur
			 on lands targeted for state action, and, if so;
(b) Determine, prior to the initiation of the
			 land action, if the proposed action on statemanaged lands is consistent with a
			 conservation program for the listed species established by the department,
			 pursuant to section (1) of this rule and ORS
			 564.105(3);
			 or
(c) If there is no program
			 developed by the department for the listed species in question, determine,
			 prior to the action, whether the proposed action has the potential to
			 appreciably reduce the likelihood of the survival or recovery of any population
			 of the listed species. If the agency determines that the proposed action will
			 not reduce the likelihood of survival or recovery, it shall notify the
			 department in writing within 30 days of its findings. Within 45 days of receipt
			 of such notification, the department will inform the state agency if it accepts
			 the findings or if additional information is required. If the department
			 accepts the state agency findings then the action proposed by the state agency
			 may proceed. Otherwise, a written evaluation in the format specified in
			 subsection (5)(d) of this rule shall be required;
(d) If a state agency ascertains, pursuant to
			 subsections (5)(a), (b), and (c) of this rule, that a proposed action on
			 state-managed land has the potential to appreciably reduce the likelihood of
			 survival or recovery of any population of any plant species that is listed as
			 threatened or endangered, it shall notify the department in writing within 30
			 days of its findings. Within 45 days of such notification the department will
			 inform the state agency if a written evaluation of the land action in relation
			 to the population(s) of threatened or endangered species is required. Such
			 written evaluations presented to the department by the state agency shall
			 include:
(A) Scientific name, authority, and
			 common name (if any) of the listed species involved;
(B) The historical and presently known
			 distributions of the listed species, with an estimation of how much of the
			 known range of the species is likely to be affected by the current or proposed
			 land action;
(C) A description of
			 the habitat of the listed species as it occurs at the site(s) of the proposed
			 land action, including, but not limited to, general information on relative
			 abundances of other plant species occurring at the site, soil characteristics,
			 elevation, a history of land actions at the site, a summary of current land
			 uses and practices, and ownership patterns of adjoining properties;
(D) A qualitative and quantitative assessment
			 of the population(s) of the listed species occurring at the site of the
			 proposed land action, including, but not limited to, information on numbers of
			 individuals comprising the population(s), the estimated age or stage structure
			 (if applicable) of the population(s), any obvious signs of disease or
			 predation, pollinators, seed production or any other readily observable life
			 history traits, and suspected negative or positive impacts of past or present
			 land actions; and
(E) An evaluation
			 of the predicted effects of the proposed land action on the population(s) of
			 any listed species present, including initial recommendations by the state
			 agency outlining reasonable measures to be taken to minimize any potential
			 adverse impacts of the action on the affected listed species.
(e) The department shall review
			 and comment on state agency evaluations, per subsection (5)(d) of this rule,
			 within 90 days of receipt and shall recommend alternatives to the proposed
			 action, if necessary, which are consistent with conserving and protecting the
			 affected listed species;
(f) State
			 agencies shall further comply with these rules by documenting the occurrence
			 and evaluating population trends (including threats) of listed species on
			 state-managed lands where ongoing actions (including, but not limited to,
			 domestic grazing, mining, herbicide application, release of biocontrol agents,
			 and forestry practices) may be in conflict with the provisions set forth in ORS
			 564.105 -
			 564.120 and these rules. All
			 distributional and demographic information acquired by state agencies will be
			 provided to the department to be considered in the development of the
			 conservation programs specified in sections (1) and (2) of this rule. If
			 necessary, the department shall recommend modifications or alternatives to the
			 ongoing actions which are consistent with conserving and protecting the
			 affected listed species, and may require a written evaluation of the action by
			 the state agency, in the manner specified under subsection (5)(d) of this
			 rule;
(g) State agencies shall
			 identify those listed species occurring, or suspected to occur, on lands owned
			 or managed by them that are subject to ongoing actions and, in consultation
			 with the department, develop a reasonable timetable for the provision of the
			 information specified in subsection (5)(f) of this rule. State agencies shall
			 reassess the number and locations of listed species on their lands in an annual
			 written report to the department, including all species listed after the
			 initial enactment of these rules. State agency annual reports will be due on or
			 before December 31 of each year;
(h) If a state agency elects not to adopt the
			 alternatives presented pursuant to subsection (5)(e) or (f) of this rule, it
			 shall consult with and submit written findings to the department at least 60
			 days prior to the initiation of any proposed action demonstrating that:
(A) The potential public benefits of the
			 proposed or ongoing action outweigh the potential harm from failure to adopt
			 the alternatives; and
(B)
			 Mitigation and enhancement measures shall be taken to minimize the adverse
			 effect of the proposed or ongoing action on the listed species, either on or
			 adjacent to the site of the action, or at a suitable alternative location, in
			 consultation with the department.
(i) In complying with subsections (5)(a)
			 through (h) of this rule, state agencies and the department shall utilize
			 employees with expertise in field botany, plant taxonomy, and biological
			 conservation, recognizing the high level of technical competence required to
			 correctly identify and assess the habitat and biological status of listed
			 species. If such expertise is not available within a state agency the agency
			 shall contract, as funds allow, with the department, the Oregon Natural
			 Heritage Program (see ORS 273 .566 and 273.576), or other persons having the
			 appropriate qualifications to accomplish the necessary work;
(j) The department is under no obligation to
			 provide field expertise or any other assistance outside the normal consultation
			 procedures described under subsections (5)(a) - (5)(h) of this rule. State
			 agencies may reimburse the department for technical services through
			 cooperative agreements or other means, per section (4) of this rule, providing
			 the department has staffing available for assistance.