Or. Admin. R. 635-100-0105 - Criteria for Listing
(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.
(3) To list a species as endangered , the
commission shall determine that:
(a) The
species is native ; and
(b) Is in
danger of extinction throughout any significant portion of its range within
this state.
(4) To list
a species as a threatened species , the commission shall determine that:
(a) The species is native ; and
(b) Is likely to become an endangered species
within the foreseeable future throughout any significant portion of its range
within this state.
(5)
In making a determination under subsection (3)(b) or (4)(b) of this rule, and
OAR 635-100-0111 (Reclassifying Species ) and OAR 635-100-0112 (Removing Species
from the State List), regarding the range of the species , the commission shall
consider:
(a) The total geographic area in
this state used by the species for breeding, resting or foraging and the
portion thereof in which the species is or is likely within the foreseeable
future to become in danger of extinction;
(b) The nature of the species ' habitat ,
including any unique or distinctive characteristics of the habitat the species
uses for breeding, resting or foraging; and
(c) The extent to which the species
habitually uses the geographic area.
(6) In addition to the criteria set forth in
sections (3) and (4) of this rule, in listing a wildlife species as endangered
or threatened, the commission shall determine that the natural reproductive
potential of the species is in danger of failure due to limited population
numbers, disease, predation or other natural or human actions affecting its
continued existence and, to the extent possible, assess the relative impact of
human actions. In addition, the commission shall determine that one or more of
the following factors exist:
(a) That most
populations of the species are undergoing imminent or active deterioration of
their range or primary habitat ;
(b)
That overutilization of the species or its habitat for commercial,
recreational, scientific or educational purposes is occurring or is likely to
occur; or
(c) That existing state
or federal programs or regulations are inadequate to protect the species and
its habitat .
(7)
Notwithstanding any other provision of OAR 635-100-0100 to 635-100-0130, the
commission may decide not to list a wildlife species as threatened or
endangered that would otherwise qualify for listing if the commission
determines that:
(a) The future of the
species is secure outside this state;
(b) The wildlife species is not of cultural,
scientific or commercial significance to the people of this state;
(c) The species has been listed as threatened
or endangered pursuant to the federal ESA;
(d) The species is a candidate species under
the federal ESA;
(e) The species
has been petitioned for listing under the federal ESA;
(f) The responsible federal agency has
determined that the species does not warrant listing as a threatened or
endangered species under the federal ESA; or
(g) The species is currently on the
department 's sensitive species list.
(8) Before making a determination not to list
a species pursuant to section (7) of this rule, the commission shall analyze
the status of the species under the criteria set forth in sections (3), (4) and
(6) of this rule. In addition, before making a determination not to list
pursuant to subsections (7)(c) through (7)(f), the commission shall evaluate
whether the federal listing, categorization or other action regarding the
species adequately protects that species in Oregon. Before making a
determination not to list pursuant to subsection (7)(g), the commission shall
evaluate whether classification on the state sensitive list adequately protects
that species in Oregon.
(9) If the
commission determines that a species should be listed as threatened or
endangered, the commission shall establish by rule survival guidelines at the
time of listing. In establishing the guidelines, the commission shall consider
its determinations made pursuant to OAR 635-100-0105, the species ' life history
requirements (e.g., food, shelter, water, breeding, movement and dispersal),
and, to the extent possible, the necessary location, quality and quantity of
each of those life history requirements.
(10) In making the determinations required
under subsections (3), (4), (6), (7) and OAR 635-100-0112 (Removing Species
from the State List), the commission shall consult with:
(a) Affected state and federal agencies;
(b) Affected cities and
counties;
(c) Affected federally
recognized Indian tribes;
(d) The
Natural Heritage Advisory Council;
(e) Other states having a common interest in
the species ; and
(f) Interested
persons who have asked to be consulted and whose names are included on the
commission 's mailing list for such purposes.
Notes
Stat. Auth.: ORS 496.004, 496.171, 496.172, 496.182, 496.12 & 498.026
Stats. Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.12 & 498.026
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(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.
(3) To list a species as endangered, the commission shall determine that:
(a) The species is native; and
(b) Is in danger of extinction throughout any significant portion of its range within this state.
(4) To list a species as a threatened species, the commission shall determine that:
(a) The species is native; and
(b) Is likely to become an endangered species within the foreseeable future throughout any significant portion of its range within this state.
(5) In making a determination under subsection (3)(b) or (4)(b) of this rule, and OAR 635-100-0111 (Reclassifying Species) and OAR 635-100-0112 (Removing Species from the State List), regarding the range of the species, the commission shall consider:
(a) The total geographic area in this state used by the species for breeding, resting or foraging and the portion thereof in which the species is or is likely within the foreseeable future to become in danger of extinction;
(b) The nature of the species' habitat, including any unique or distinctive characteristics of the habitat the species uses for breeding, resting or foraging; and
(c) The extent to which the species habitually uses the geographic area.
(6) In addition to the criteria set forth in sections (3) and (4) of this rule, in listing a wildlife species as endangered or threatened, the commission shall determine that the natural reproductive potential of the species is in danger of failure due to limited population numbers, disease, predation or other natural or human actions affecting its continued existence and, to the extent possible, assess the relative impact of human actions. In addition, the commission shall determine that one or more of the following factors exist:
(a) That most populations of the species are undergoing imminent or active deterioration of their range or primary habitat;
(b) That overutilization of the species or its habitat for commercial, recreational, scientific or educational purposes is occurring or is likely to occur; or
(c) That existing state or federal programs or regulations are inadequate to protect the species and its habitat.
(7) Notwithstanding any other provision of OAR 635-100-0100 to 635-100-0130, the commission may decide not to list a wildlife species as threatened or endangered that would otherwise qualify for listing if the commission determines that:
(a) The future of the species is secure outside this state;
(b) The wildlife species is not of cultural, scientific or commercial significance to the people of this state;
(c) The species has been listed as threatened or endangered pursuant to the federal ESA;
(d) The species is a candidate species under the federal ESA;
(e) The species has been petitioned for listing under the federal ESA;
(f) The responsible federal agency has determined that the species does not warrant listing as a threatened or endangered species under the federal ESA; or
(g) The species is currently on the department's sensitive species list.
(8) Before making a determination not to list a species pursuant to section (7) of this rule, the commission shall analyze the status of the species under the criteria set forth in sections (3), (4) and (6) of this rule. In addition, before making a determination not to list pursuant to subsections (7)(c) through (7)(f), the commission shall evaluate whether the federal listing, categorization or other action regarding the species adequately protects that species in Oregon. Before making a determination not to list pursuant to subsection (7)(g), the commission shall evaluate whether classification on the state sensitive list adequately protects that species in Oregon.
(9) If the commission determines that a species should be listed as threatened or endangered, the commission shall establish by rule survival guidelines at the time of listing. In establishing the guidelines, the commission shall consider its determinations made pursuant to OAR 635-100-0105, the species' life history requirements (e.g., food, shelter, water, breeding, movement and dispersal), and, to the extent possible, the necessary location, quality and quantity of each of those life history requirements.
(10) In making the determinations required under subsections (3), (4), (6), (7) and OAR 635-100-0112 (Removing Species from the State List), the commission shall consult with:
(a) Affected state and federal agencies;
(b) Affected cities and counties;
(c) Affected federally recognized Indian tribes;
(d) The Natural Heritage Advisory Council;
(e) Other states having a common interest in the species; and
(f) Interested persons who have asked to be consulted and whose names are included on the commission's mailing list for such purposes.
Notes
Stat. Auth.: ORS 496.004, 496.171, 496.172, 496.182, 496.12 & 498.026
Stats. Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.12 & 498.026