reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 98 - OREGON CONSERVATION AND RECREATION FUND › Section 635-098-0030 - Duties of the Oregon Conservation and Recreation Fund Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
The duties of the Advisory Committee, in accordance with ORS
				496.252 and ORS
				496.254, are to:
(1) Review Department policies regarding the
			 use of the Fund moneys;
(2) Make
			 recommendations to the Commission and the Department on how to expend and
			 obligate funding from the Fund to carry out activities that serve to protect,
			 maintain, or enhance native fish and wildlife and their habitats in
			 Oregon;
(3) Work jointly with the
			 Department to submit a biennial report to the Legislative Assembly as provided
			 in ORS 293.640 regarding the
			 expenditure of moneys deposited in the Fund and on the status of various
			 activities funded by the moneys.
(4) Perform such other duties as may be
			 requested by the Department and Commission.
Statutory/Other Authority: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.252 &
				  496.254
Statutes/Other Implemented: ORS
				  496.012,
				  496.138 &
				  496.146
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 98 - OREGON CONSERVATION AND RECREATION FUND › Section 635-098-0040 - Membership of Conservation and Recreation Fund Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Advisory
			 Committee Composition, as established in ORS
			 496.254:
(a) The advisory committee shall consist of
			 nine members appointed by the Governor.
(b) Six members of the advisory committee
			 shall be appointed to represent one of each of the ecoregions described below,
			 which are documented and described in the Oregon Conservation Strategy. To
			 represent an ecoregion, the member shall live in and possess demonstrable
			 scientific expertise related to the ecoregion. If a regional seat is vacant for
			 greater than one year, a member outside of the region with a strong knowledge
			 of and connection to the region may be appointed.
(A) Nearshore Marine or Coast Range
(B) Willamette Valley
(C) Klamath Mountains
(D) West Cascades or East Cascades
(E) Columbia Plateau or Blue
			 Mountains
(F) Northern Basin and
			 Range
(c) Three members
			 of the advisory committee shall be appointed from Oregon-at-large. These three
			 members shall have an interest in fish and wildlife conservation or outdoor
			 recreation, especially wildlife-associated recreation such as wildlife viewing,
			 nature photography, nature tourism, outdoor education, or community
			 science.
(d) In making appointments
			 of all nine advisory committee members, consideration should be given to
			 appointing members who possess experience engaging youth, underserved
			 communities and diverse audiences, such as communities of color, tribes, and
			 low income communities,in conservation and recreation activities. Consideration
			 should also be given to members with interests in the economic, social, and
			 educational benefits of healthy ecosystems.
(e) Consideration should be given to ensuring
			 that the advisory committee membership reflects the demographic and geographic
			 diversity of Oregon.
(f) The
			 Associate Director of Outdoor Recreation, or the Associate Director's designee,
			 shall serve as a non-voting, ex-officio member on the advisory
			 committee.
(g) One member of the
			 Oregon Fish and Wildlife Commission may be designated by the Commission to
			 serve as a non-voting ex-officio member on the advisory committee.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 98 - OREGON CONSERVATION AND RECREATION FUND › Section 635-098-0050 - Meetings of Oregon Conservation and Recreation Fund Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Time, Location,
			 and Frequency: At times and places fixed by the Chair of the advisory
			 committee, the committee shall meet at a minimum three times per
			 year.
(2) Voting:
(a) Each of the nine voting members of the
			 advisory committee shall be entitled to one vote on all issues presented at
			 meetings at which the member is present.
(b) Five members of the advisory committee
			 constitute a quorum.
(c) Less than
			 a quorum of the advisory committee may receive testimony.
(d) A recommendation to the department and
			 commission requires an affirmative vote of at least five committee members.
			 Vote will be by roll call.
(e) In
			 the absence of the chair and vice chair, the members may choose a temporary
			 chair.
(f) Members of the advisory
			 committee should not abstain from voting except on a matter involving potential
			 conflict of interest, in which case the reason for abstention will have been
			 disclosed.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 98 - OREGON CONSERVATION AND RECREATION FUND › Section 635-098-0060 - Advisory Committee Duties and Recommendation Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with HB 2829 (2019), the Oregon Conservation and Recreation Advisory Committee:
(a) Shall review department policies
			 regarding the use of Oregon Conservation and Recreation Fund moneys.
(b) Shall make recommendations to the
			 commission and the department regarding the use of fund moneys. Pursuant to HB
			 2829 (2019), the advisory committee shall identify uses for which the
			 department may expend fund moneys.
(c) Shall work jointly with the department to
			 submit a biennial report to the Legislative Assembly as provided in ORS
			 293.640 regarding the
			 expenditure of moneys deposited in the Oregon Conservation and Recreation Fund
			 and on the status of various activities funded by the moneys.
(d) May perform such other duties as may be
			 requested by the department and commission.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 98 - OREGON CONSERVATION AND RECREATION FUND › Section 635-098-0070 - Eligibility for Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Eligible entities include any tribe, watershed council, soil and water
			 conservation district, not-for-profit corporation, school, institution of
			 higher education, state agency, federal agency, local government, or private
			 not-for-profit institution of higher education. Private not-for-profit
			 organizations must have tax-exempt status under the IRS Code Section
			 501(c)(3).
(2) Individuals and
			 for-profit organizations may use an eligible entity as a fiscal
			 sponsor.
(3) The Department may
			 define additional eligibility guidelines, in consultation with the Advisory
			 Committee.
Statutory/Other Authority: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.252 &
				  496.254
Statutes/Other Implemented: ORS
				  496.012,
				  496.138 &
				  496.146
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 98 - OREGON CONSERVATION AND RECREATION FUND › Section 635-098-0080 - Conservation and Recreation Fund Regular Grants

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall offer Regular Grant funding solicitations
				for proposals pursuant to the following:
(1) Regular Grant funding proposals may be
			 solicited at least once per year through a request for proposals, if budget
			 allows.
(2) Interested applicants
			 shall submit a project application to the Department by the deadline described
			 in the solicitation.
(3) The
			 Department, in consultation with the Advisory Committee and technical experts,
			 shall review all Regular Grant funding applications against the evaluation
			 criteria, representation of program priorities as outlined in
			 635-098-0030 and any other
			 requirements deemed appropriate by the Department which will be made available
			 in the current solicitation.
(4)
			 Project match is not required for Regular Grants but may be considered during
			 the review process.
(5) The
			 Advisory Committee may request that an applicant amend a project application's
			 scope of work and budget to meet program priorities, and Department staff may
			 assist with such amendments.
Statutory/Other Authority: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.252 &
				  496.254
Statutes/Other Implemented: ORS
				  496.012,
				  496.138 &
				  496.146
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 98 - OREGON CONSERVATION AND RECREATION FUND › Section 635-098-0090 - Conservation and Recreation Fund Urgent Grants

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may offer an Urgent Grant funding opportunity
				for critical need projects that are time-sensitive and high-priority projects
				that need funding outside of the Regular Grant funding opportunity. All Urgent
				Grant funding project requests shall submit applications pursuant to the
				criteria below:
(1) All proposed
			 projects for Urgent Grant funding may be required to:
(a) Provide a one-page pre-application to
			 ODFW staff and a full application upon request,
(b) Attend a pre-application conference with
			 ODFW staff,
(c) Present to the
			 Advisory Committee on the proposed project prior to an award,
(d) Perform project monitoring,
(e) Have secured all project permitting or
			 provide proof of submission, and
(f) Be ready to implement upon
			 award.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 98 - OREGON CONSERVATION AND RECREATION FUND › Section 635-098-0100 - Applications to the Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applications must be submitted on the most current format prescribed by the
			 Department.
(2) A separate
			 application is required for each submitted project.
(3) Applications will be considered final as
			 submitted. The Department, Advisory Committee or technical experts may request
			 clarification of information from the applicant during the evaluation process,
			 but additional, new information not requested will not be accepted after the
			 application deadline.
(4) Each
			 project application at a minimum must provide:
(a) Well-defined and measurable
			 goals;
(b) Measures to achieve
			 project goals;
(c) The location and
			 duration of the project, including the beginning and the ending date;
(d) Estimated project costs that consider
			 cost effectiveness of the project;
(e) Consideration of outdoor equity, as it
			 pertains to how well the project engages Oregonians who have not participated
			 in the past because of language barriers, financial barriers, or other access
			 barriers;
(f) A monitoring plan to
			 measure performance of the implemented project; and
(g) Description of stakeholders and community
			 partnerships involved in the project.
(h) The Department may reject incomplete
			 project applications.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 98 - OREGON CONSERVATION AND RECREATION FUND › Section 635-098-0110 - Award Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 project applicant shall enter into an agreement with the Department before
			 initiating the project.
(2) The
			 Department shall distribute no funds under an agreement until an agreement is
			 fully executed.
(3) The Department
			 may award advanced payments at its discretion as specified in a fully executed
			 agreement. The Department shall not make advanced payments unless the agreement
			 explicitly provides for it.
(4) The
			 Department may release advance funds on presentation of a detailed estimate of
			 expenses for a time period specified in the agreement. The Department may
			 release no additional funds until the applicant submits all receipts for
			 expenditures of the advance fund release.
(5) The Department may release funds as
			 reimbursements on presentation of a completed Fund Release Request form
			 accompanied by proof of the completion of specific work elements of the project
			 as identified in the agreement. Proof of completion may include paid receipts
			 of invoices for materials or contracted labor, or inspection reports.
(6) The Department may retain a minimum of 10
			 percent of project funds until it receives the required close of project report
			 and evaluates the project for completion and compliance with the
			 agreement.
(7) Following project
			 completion, equipment purchased with project funds shall reside with the
			 project grantee or another approved entity. These entities will make the
			 equipment available to others at no cost other than nominal operation and
			 maintenance costs. Equipment with a value above five-thousand dollars shall
			 adhere to any additional post-project requirements stipulated by the
			 Department.
(8) After providing
			 notice to the project grantee in writing, the Department may terminate funding
			 for projects not completed in the prescribed time and manner. The money
			 allocated to the project but not used will be available for reallocation by the
			 Advisory Committee.
(9) All
			 agreements between the project grantee and the Department shall have a project
			 expiration date.
Statutory/Other Authority: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.252 &
				  496.254
Statutes/Other Implemented: ORS
				  496.012,
				  496.138 &
				  496.146
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0001 - Definition of Terms

Current through Register Vol. 63, No. 7, July 1, 2024
As used in the
Wildlife Diversity
				Plan:1
(1) "Self-sustaining"
			 means wildlife species that are naturally reproducing throughout their ranges
			 with no dependency on artificial propagation to sustain natural production over
			 time.
(2) "Endangered" means an
			 animal threatened with extinction within all or a significant portion of its
			 range.
(3) "Threatened" means an
			 animal that could become endangered within the foreseeable future within all or
			 a portion of its range.
(4)
			 "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
(5)
			 "Wildlife" means fish, shellfish, amphibians, reptiles, feral swine, wild
			 mammals, wild birds, and animals living intertidally on the bottom as defined
			 by ORS 506.011.
1The
Nongame Wildlife Management Plan
was
				reviewed and updated as the
Wildlife Diversity Plan
and
				adopted by the commission on November 17, 1993. The
Wildlife Diversity
				Plan
was reviewed, updated, and adopted by the commission on January
				22, 1999. As noted below in OAR
				635-100-0005, only the policy
				portions of the
Wildlife Diversity Plan
are incorporated here
				as an administrative rule. Copies of the
Wildlife Diversity
				Plan
are available through the agency.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  496.004,
				  496.012,
				  496.171,
				  496.172,
				  496.182,
				  496.192,
				  496.380,
				  496.385,
				  497.298,
				  497.308,
				  497.318 &
				  498.026
Stats. Implemented: ORS
				  496.004,
				  496.012,
				  496.171,
				  496.172,
				  496.182,
				  496.192,
				  496.380,
				  496.385,
				  497.298,
				  497.308,
				  497.318 &
				  498.026
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0005 - Wildlife Diversity Plan Content and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
Wildlife Diversity
			 Plan
provides the program goal, objectives and strategies to identify
			 and coordinate nongame wildlife management, research and status survey needs,
			 and education and recreation needs related to Oregon's wildlife. The document
			 provides direction to the Oregon Department of Fish and Wildlife in carrying
			 out its mandated responsibilities. The plan is also intended as an
			 informational document to be used in wildlife programs by public agencies and
			 others concerned with the conservation of nongame and other fish and wildlife
			 species. Only the policy portions of the
Wildlife Diversity
			 Plan
are incorporated here by administrative rule, namely the Goal and
			 Objectives.
(2) The remaining
			 portions of the Plan -- (Introduction, Strategies, Sub-strategies, Technical
			 Information, Operational Schedule, and Priorities) are technical or related to
			 agency management decisions. Accordingly, those parts may be updated by the
			 commission outside the administrative rule process as new information is
			 developed.
Publications: The publication referred to or incorporated by
				  reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  496.004,
				  496.012,
				  496.171,
				  496.172,
				  496.182,
				  496.192,
				  496.380,
				  496.385,
				  497.298,
				  497.308,
				  497.318 &
				  498.026
Stats. Implemented: ORS
				  496.004,
				  496.012,
				  496.171,
				  496.172,
				  496.182,
				  496.192,
				  496.380,
				  496.385,
				  497.298,
				  497.308,
				  497.318 &
				  498.026
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0010 - Wildlife Diversity Program Goal

Current through Register Vol. 63, No. 7, July 1, 2024
It is the goal of the
Wildlife Diversity
				Program
to maintain Oregon's wildlife diversity by protecting and
				enhancing populations and habitats of native wildlife at self-sustaining levels
				throughout natural geographic ranges.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162 &
				  496.375
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146,
				  496.162 & ORS
				  496.375
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0015 - Wildlife Diversity Program Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The objectives of the
Wildlife Diversity
				Program
are to:
(1) Assess,
			 conserve, and enhance wildlife habitats.
(2) Assess, conserve, and enhance populations
			 of native species at self-sustaining levels throughout their natural geographic
			 ranges.
(3) Provide recreational,
			 educational, aesthetic, scientific, economic and cultural benefits derived from
			 Oregon's diversity of wildlife.
(4)
			 Minimize adverse biological, social and economic impacts resulting from
			 interactions between people and wildlife.
(5) Provide financial and human resources for
			 program planning, administration, implementation, and evaluation.
Publications: The publication referred to or incorporated by
				  reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  496.004,
				  496.012,
				  496.171,
				  496.172,
				  496.182,
				  496.192,
				  496.380,
				  496.385,
				  497.298,
				  497.308,
				  497.318 &
				  498.026
Stats. Implemented: ORS
				  496.004,
				  496.012,
				  496.171,
				  496.172,
				  496.182,
				  496.192,
				  496.380,
				  496.385,
				  497.298,
				  497.308,
				  497.318 &
				  498.026
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0030 - Five-Year Review

Current through Register Vol. 63, No. 7, July 1, 2024
The policy portions of the
Wildlife Diversity
				Plan
, namely the Goal and Objectives, will be updated and reviewed by
				the Oregon Fish and Wildlife Commission every five years beginning in
				1993.
Publications: The publication referred to or incorporated by
				  reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  496.004,
				  496.012,
				  496.171,
				  496.172,
				  496.182,
				  496.192,
				  496.380,
				  496.385,
				  497.298,
				  497.308,
				  497.318 &
				  498.026
Stats. Implemented: ORS
				  496.004,
				  496.012,
				  496.171,
				  496.172,
				  496.182,
				  496.192,
				  496.380,
				  496.385,
				  497.298,
				  497.308,
				  497.318 &
				  498.026
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0040 - Sensitive Species List

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0080 - Policy Statement

Current through Register Vol. 63, No. 7, July 1, 2024
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).
Stat. Auth.: ORS
				  496.004,
				  496.171,
				  496.172,
				  496.182,
				  496.192 &
				  498.026
Stats. Implemented: ORS
				  496.004,
				  496.171,
				  496.172,
				  496.182,
				  496.192 &
				  498.026
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0100 - Threatened and Endangered Species Definition of Terms

Current through Register Vol. 63, No. 7, July 1, 2024
As used in Division 100 rules:
(1) "Commission" means the State Fish and
			 Wildlife Commission.
(2)
			 "Conservation means the use of methods and procedures necessary to bring a
			 species to the point at which the measures provided under ORS
			 496.171 to
			 496.182 are no longer necessary.
			 Such methods and procedures include, but are not limited to, activities
			 associated with scientific resource management such as research, census taking,
			 law enforcement, habitat acquisition and maintenance, habitat protection and
			 restoration, propagation and transplantation.
(3) "Department" means the Oregon Department
			 of Fish and Wildlife.
(4)
			 "Director" means the Director of the Oregon Department of Fish and
			 Wildlife.
(5) "Endangered Species"
			 means:
(a) Any native wildlife species
			 determined by the commission to be in danger of extinction throughout any
			 significant portion of its range within the state; or
(b) Any native wildlife species listed as an
			 endangered species pursuant to the federal ESA.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0105 - Criteria for Listing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commission by rule shall list a wildlife species as endangered or threatened on
			 the state list upon a review of documented and verifiable scientific
			 information, if the species meets the criteria in sections (3), (4) and (6) of
			 this rule. The documented and verifiable scientific information shall be
			 related to the species' biological status.
(2) The state list shall include:
(a) All native wildlife species listed as of
			 May 15, 1987, on the federal list of endangered or threatened species. Any
			 native wildlife species appearing on the federal list as a threatened species
			 may be considered for inclusion on the state list as an endangered species or
			 as a threatened species; and
(b)
			 Any native species determined by the commission to be threatened or endangered,
			 in accordance with these rules.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0110 - Procedure for Listing Species

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any person may petition the commission to list, reclassify or remove wildlife
			 species on the state list. The petition shall be in writing and shall include
			 the following information:
(a) The action
			 sought; and
(b) Documented
			 scientific evidence about the species' biological status to support the
			 requested action.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0111 - Reclassifying Species

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  496.004,
				  496.171,
				  496.172,
				  496.182,
				  496.192 &
				  498.026
Stats. Implemented: ORS
				  496.004,
				  496.171,
				  496.172,
				  496.182,
				  496.192 &
				  498.026
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0112 - Removing Species from the State List

Current through Register Vol. 63, No. 7, July 1, 2024
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).
Stat. Auth.: ORS
				  496.004,
				  496.171,
				  496.172,
				  496.182,
				  496.192 &
				  498.026
Stats. Implemented: ORS
				  496.004,
				  496.171,
				  496.172,
				  496.182,
				  496.192 &
				  498.026
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0113 - Technical Committees

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  496.004,
				  496.171,
				  496.172,
				  496.182,
				  496.192 &
				  498.026
Stats. Implemented: ORS
				  496.004,
				  496.171,
				  496.172,
				  496.182,
				  496.192 &
				  498.026
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0115 - Temporary Listing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Notwithstanding any other provisions of OAR Chapter 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 Chapter 635, Division
			 100.
Stat. Auth.: ORS
				  496.004,
				  496.171,
				  496.172,
				  496.182,
				  496.192 &
				  498.026
Stats. Implemented: ORS
				  496.004,
				  496.171,
				  496.172,
				  496.182,
				  496.192 &
				  498.026
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0120 - Periodic Review of List

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  496.004,
				  496.171,
				  496.172,
				  496.182,
				  496.192 &
				  498.026
Stats. Implemented: ORS
				  496.004,
				  496.171,
				  496.172,
				  496.182,
				  496.192 &
				  498.026
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0125 - State List of Threatened and Endangered Species

Current through Register Vol. 63, No. 7, July 1, 2024
The state list of threatened and endangered species is as
				follows:
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: 496.172 & 496.182
Statutes/Other Implemented: ORS
				  496.004,
				  496.171,
				  496.172,
				  496.182,
				  496.192 &
				  498.026
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0130 - Requirement for Survival Guidelines

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0135 - Survival Guidelines for Species Listed as Threatened or Endangered

Current through Register Vol. 63, No. 7, July 1, 2024
(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 OAR 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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0136 - Survival Guidelines for Washington Ground Squirrel

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 496.182(2)
			 states that the Commission shall, at the time of listing, adopt by rule
			 quantifiable and measurable guidelines that the Commission considers necessary
			 to ensure the survival of individual members of the species. These survival
			 guidelines shall apply only to actions proposed on lands owned or leased by a
			 state agency, or where a state agency holds an easement.
(2) For areas of occupied habitat on the
			 Space Age Industrial Park ("Boardman Boeing tract"): Activities detrimental to
			 the survival of Washington ground squirrels shall not be permitted in areas of
			 occupied habitat. Occupied habitat areas are those undisturbed and formerly
			 cultivated but abandoned areas which are underlain with Warden soils (or other
			 soils with similar characteristics, or those soil types which lie contiguous to
			 occupied Warden soils (e.g. Sagehill Fine Sandy Loam)). Soils classifications
			 as shown on 1:24,000, USDA, Natural Resource Conservation Service (NRCS) Soil
			 Survey Geographic (SSURGO) database, for the Morrow County Soil Survey, and
			 incorporated here by reference. Certified soil survey information is available
			 to the public at the Department's headquarters office in Salem, the
			 Department's field office in Heppner or though NRCS offices. "Activities
			 detrimental to the survival of Washington ground squirrels" are:
(a) Soil disturbance (including, but not
			 limited to, grading, leveling, plowing, disking, digging and
			 tilling);
(b) Livestock grazing at
			 a level that results in more than 50% of leaf volume removed from the current
			 year's vegetative growth.
(c)
			 Agricultural tree planting (e.g., hybrid poplar plantations);
(d) Agricultural and/or industrial activities
			 that would alter existing vegetative communities (including, but not limited
			 to, pesticide applications i.e. herbicides, fungicides, insecticides,
			 rodenticides), irrigation, and mowing.
(e) Direct taking of Washington ground
			 squirrels through poisoning, shooting, capture, or other means.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0137 - Survival Guidelines for Marbled Murrelet

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 496.182(2)
			 states that the Commission shall, at the time a species is added to the list of
			 threatened or endangered species, adopt by rule quantifiable and measurable
			 guidelines that the Commission considers necessary to ensure the survival of
			 individual members of the species. These survival guidelines shall only apply
			 to actions proposed and carried out on lands owned or leased by a state agency,
			 or where a state agency holds an easement, except road access easements across
			 private lands.
(2) These survival
			 guidelines focus on measures to minimize potential for unauthorized take of
			 Marbled Murrelets. "Take" is defined in section (11)(m) of this rule.
(3) Pursuant to OAR
			 635-100-0140, a
			 Commission-approved endangered species management plan for the Marbled Murrelet
			 developed by an affected state agency shall supersede these survival
			 guidelines.
(4) Consistent with ORS
			 496.182(1),
			 these survival guidelines seek to minimize duplication and overlap of state and
			 federal laws and regulations pertaining to listed species:
(a) Pursuant to ORS
			 496.172(4),
			 these survival guidelines do not apply if the state agency is operating in
			 compliance with, and has on file with the Department, an Incidental Take Permit
			 for the Marbled Murrelet issued by the U.S. Fish and Wildlife Service (USFWS)
			 under the federal ESA.
(b) State
			 agencies that propose to implement projects that have the potential to take
			 Marbled Murrelets should consult with the USFWS. These survival guidelines are
			 preempted by any more protective measures required by the federal
			 ESA.
(c) The Department may
			 approve, in writing, actions not consistent with protection requirements in
			 these survival guidelines for reasons of forest health or public safety, or
			 when the approval is consistent with USFWS advice.
(d) In cases of emergency, such as wildfire
			 and search and rescue situations, nothing in these survival guidelines is
			 intended to delay the necessary response to secure human life and
			 property.
(e) State agencies shall
			 document and retain information and other data related to survey results,
			 protection of Marbled Murrelet occupied sites, and associated
			 decision-making.
(f) The Department
			 may schedule periodic meetings with other state agencies. State agencies will
			 review projects and activities that occurred under these survival guidelines
			 and may recommend changes to the survival guidelines.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0138 - Survival Guidelines for Southern Resident Orcas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 496.182 (Protection and
			 conservation programs) subsection (2) states that the Commission shall, at the
			 time a species is added to the list of threatened or endangered species, adopt
			 by rule guidelines that the Commission considers necessary to ensure the
			 survival of individual members of the species. Survival guidelines apply to
			 actions proposed on State lands and may also serve to guide State agencies that
			 have a role to play in the conservation of the species. For endangered species,
			 survival guidelines will apply until a State land-owning or managing agency's
			 endangered species management plan is approved by the Commission.
(2) The Southern Resident Orca Distinct
			 Population Segment (DPS) was listed as endangered under the Federal Endangered
			 Species Act (ESA) in 2005. The National Marine Fisheries Service (NMFS) has
			 identified three main threats to the survival of this DPS, including:
1) scarcity of prey,
2) high levels of contaminants from
			 pollution, and
3) disturbance from
			 vessels and sound. The population is also at high risk from oil spills. The
			 threats likely interact to produce additive or synergistic effects.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0140 - Endangered Species Management Plans for State Land Owning or Managing Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within four
			 months of its decision to list a species as endangered, the commission shall
			 determine if state land can play a role in the conservation of the species. In
			 making this determination, the commission shall consult and coordinate with the
			 appropriate state land owning or managing agencies.
(2) The commission shall consider the
			 species' biology and the geography of the land base (i.e., location, quality
			 and quantity of the species' habitats) to determine if the species or its
			 habitat is found on state land.
(a) If
			 neither the species nor its habitat is found on state land, the commission
			 shall determine that state land has no role to play in the conservation of the
			 species. If the commission makes such a determination, then state land owning
			 and managing agencies shall not be required to prepare an endangered species
			 management plan.
(b) If the species
			 or its habitat is found on state land, the commission shall consider the impact
			 state agency actions may have on the species and its habitat in determining
			 whether the state land can play a role in the conservation of the species. If
			 the commission determines that state land can play a role, it shall notify the
			 affected state land owning or managing agencies in writing.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0150 - Endangered Species Requirements for Agencies Other than State Land Owning or Managing Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0160 - Classification of Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 100 - WILDLIFE MANAGEMENT PLANS: WILDLIFE DIVERSITY PLAN › Section 635-100-0170 - Incidental Take Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  496.004,
				  496.171,
				  496.172,
				  496.182,
				  496.192 &
				  498.026
Stats. Implemented: ORS
				  496.004,
				  496.171,
				  496.172,
				  496.182,
				  496.192 &
				  498.026