Or. Admin. Code § 603-073-0040

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-073-0040 - Procedures for Petitioning the Listing, Reclassification, or Removal of Plant Species from the State List

(1) Any person may petition the director to list, reclassify, or delist plant species on the state list, as provided in ORS 564.110(5). The department shall provide a format that will allow petitioners to request that a species be added or removed from the state list, or be reclassified from threatened to endangered, or vice versa. All petitions shall be in writing and shall include the following information:

(a) Scientific name and authority of the species, and common name, if any;

(b) The procedure requested (i.e., removal, addition, or reclassification); and

(c) Documented scientific evidence to support the requested procedure, as required by ORS 564.110(3).

(2) Petitions requesting the listing, delisting, or reclassification of plant species as threatened or endangered shall include the following documented scientific evidence, per subsection (1)(c) of this rule:

(a) An opinion pertaining to outstanding taxonomic problems or questions, if applicable, rendered by a professional plant taxonomist;

(b) A detailed discussion of the existence, or lack thereof, of current or anticipated destruction, modification, or curtailment of the species' habitat or geographical distribution, describing and documenting:

(A) The species' historical and presently known distributions;

(B) Threats, or lack thereof, to the species' habitat and distribution;

(C) Any changes in habitat or distribution and reasons for such changes, such as overutilization for commercial, recreational, scientific, educational, or other purposes, if known;

(D) Any land conservation practices or actions adversely or positively affecting the species' habitat; and

(E) Measures that have been or could be taken to alleviate a reduction in the distribution or habitat of the species.

(c) An analysis of the existence, or lack thereof, of present or threatened failure of the natural reproductive potential of the species, including:

(A) The estimated number of populations, and the estimated number of individuals present in each known population, with documentation of all field inventories completed in support of the petition;

(B) Any land actions adversely or positively affecting the species;

(C) Any documented or suspected changes in population size, and the reasons for such changes, such as disease, predation, seasonal fluctuation or overutilization of the species, if any, for commercial, recreational, scientific, educational, or other purposes, if known;

(D) A discussion of any additional natural or human-induced factors (with supportive data) affecting the continued existence of the species, including:

(i) Climatic, successional, distributional, reproductive, genetic, and other factors such as competition or predation, or lack thereof, with or by any other plant or animal that affects the existence of the species; and

(ii) The effects of environmental pollution, fire suppression, and other human-related factors on the continued existence of the species.

(E) Measures that have been or could be taken to alleviate a reduction in populations of the species.

(3) Any petition submitted under section (1) above shall be acknowledged by the director, in writing, within 30 days of receipt.

(4) In determining whether the petition presents sufficient scientific evidence to justify proceeding with the request, the director may consult with any or all of the following:

(a) The Technical Advisory Committee defined in OAR 603-073-0030(9)(a);

(b) Affected federal, state, or local government agencies;

(c) Other interested agencies;

(d) Affected federally-recognized Indian tribes;

(e) Representatives of other states having a common interest in the species; or

(f) Any other interested persons with expertise on the plant species named in the petition.

(5) Within 90 days of receipt of the petition, the director shall advise the petitioner, in writing, whether the petition presents sufficient scientific evidence to justify proceeding. If the petition is found to present insufficient scientific evidence to justify the request, the director may postpone or cancel the proceedings and require the petitioner to gather additional supporting data.

(6) If the petition is found to present sufficient scientific evidence to justify the request, the director shall commence the process of listing, reclassification, or delisting using the criteria set forth in ORS 564.110 and OAR 603-073-0030.

(7) If, during the course of rulemaking to list, reclassify or delist a species, the director subsequently determines that the data provided are inadequate, or would invalidate the petition, the director may disqualify the petition without further hearing or consideration.

(8) If the director denies a petition during the course of rulemaking, the petitioner may seek judicial review of the director's written decision as provided in ORS 183.484.

(9) A final determination on the request in the petition shall be made by the director within a period not to exceed two years from the date of receipt of the petition. Such determinations shall include the reasons for the director's decision.

Or. Admin. Code § 603-073-0040

AD 16-1989, f. & cert. ef. 10-27-89; AD 13-1995, f. & cert. ef. 7-12-95; DOA 23-2023, amend filed 06/08/2023, effective 6/8/2023

Statutory/Other Authority: ORS 561 & 564

Statutes/Other Implemented: ORS 561.190, 564.020 & 564.105