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. 3, March 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:
(3) To list a species as endangered, the commission shall determine that:
(4) To list a species as a threatened species, the commission shall determine that:
(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:
(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:
(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:
(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:
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