Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 73 - PLANTS: WILDFLOWERS AND ENDANGERED, THREATENED, AND CANDIDATE SPECIES › Section 603-073-0100 - Permits and Transactions in Threatened or Endangered Species

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person shall
			 take, or attempt to take, or knowingly transport for the purpose of
			 introduction, any listed plant species without first having obtained permission
			 from the person who owns or leases the land from which the species is to be
			 taken or is to be introduced, per ORS
			 564.120(1) and
			 (2). When land is state-managed, permission
			 to introduce, take, or attempt to take a listed species is only allowed if the
			 person is eligible for and obtains a written permit, or qualifies for a permit
			 exception as described under sections (4) - (14) of this rule.
(2) It shall be unlawful for any person to
			 import, export, transport for commercial purpose, purchase, or sell, or attempt
			 to import, export, transport for commercial purpose, purchase, or sell any
			 threatened or endangered plant species, or part thereof, from any location in
			 Oregon unless a written permit is obtained, or the person qualifies for a
			 permit exception as described under sections (4) - (14) of this rule.
(3) It shall be unlawful for any person to
			 collect, store, preserve, possess, cultivate, clone, micropropagate, or in any
			 other way propagate, or attempt to collect, store preserve, possess, cultivate,
			 clone, or in any way propagate, any threatened or endan-gered species or any
			 parts thereof for any commercial, scientific, or other purpose without
			 obtaining a written permit from the director.
(4) Commercial Permits: Only departmentally
			 licensed nurseries and dealers of native plants may possess, propagate, or
			 transfer ownership of a listed species for commercial purposes, provided that a
			 commercial permit for trade in the species has been obtained from the director,
			 and the plants originated from propagules or vegetative stock collected in the
			 wild prior to the date the species was listed as threatened or endangered:
(a) In order to obtain a commercial permit,
			 wholesale or retail dealers must provide the department, in writing, the
			 scientific names of any listed species they currently possess, affirming that
			 the plants (or original stock) were obtained prior to the species being listed,
			 indicating how many whole plants, seeds, or other parts are currently in
			 possession, and describing, to the best of their knowledge, when and where the
			 plants or original nursery stock for the species (seed or vegetative) was
			 collected. Forms may be requested from the department for this purpose.
			 Commercial permits shall extend for a maximum of two years and may be applied
			 for at any time, with renewal applications due on or before January 15. Renewal
			 applications must include the number of specimens of the listed species sold
			 during the period of time covered by the previous permit;
(b) Both wholesale and retail dealers must
			 have a commercial permit to engage in propagation and sale of listed plant
			 species. Retail dealers must have a permit prior to purchasing listed species
			 from a wholesale outlet. Wholesale dealers are no longer responsible for any
			 listed plants sold to retail firms once the transaction is complete and
			 recorded in a log (including the name of the retail dealer, the species and
			 amount of material purchased, and the date of purchase). This information
			 should be retained for as long as the seller is in the business of commercially
			 dealing in listed species. These records shall be made available to the
			 department if it becomes necessary to establish legal ownership or place of
			 origin of a particular plant;
(c) A
			 seller's permit to possess a listed species extends to the retail buyer if
			 sales records of listed species are maintained in a log by commercial nurseries
			 and dealers, as described in subsection (4)(b) of this rule;
(d) Plants of any listed species sold
			 commercially (wholesale or retail) must be accompanied by a preprinted plastic
			 pot tag indicating that the buyer is in possession of a listed species, and, in
			 the case of retail sales, cautioning against the propagation or other
			 distribution of the species outside the buyer's private property without
			 permission of the department;
(e)
			 Possession of any listed species collected or gathered for commercial purposes
			 after the date the species was listed is a violation of these rules, unless a
			 special exception permit is first obtained from the department. Licensed
			 dealers obtaining a special exception permit shall adhere to all requirements
			 described in subsections (4)(a) - (g) of this rule;
(f) A licensed, commercial plant grower shall
			 be provided with a permit to collect and propagate a listed species if the
			 grower is contracted by the department to provide cultivated materials for use
			 in department sponsored conservation programs;
(g) Any permit holder deciding to no longer
			 engage in commercial transactions involving listed species shall inform the
			 department in writing prior to the permit renewal date.