Or. Admin. Code § 603-073-0110

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

Section 603-073-0110 - Reintroduction and Transplantation Protocols

(1) The department may artificially augment populations of listed species in appropriate habitat on state-managed lands, or on other lands with permission of the owner. Such activities may include adding new plants to an existing population of the species (enhancement); creating an entirely new population of the species at an historic site where the species is now considered extinct (reestablishment); or developing a new population at a site deemed environmentally appropriate, but where there is no evidence of previous occurrence (introduction).

(2) Other persons may also enhance, reestablish, or introduce populations of listed species, contingent upon acquisition of a research permit, per OAR 603-073-0100(5). This activity may take place only after the person provides evidence to the department, in a written proposal (as part of the research permit application), that the project will be consistent with the conservation and recovery of the species, and not inconsistent with agency land management goals. if the work is proposed for other than state-managed lands, written permission of the land owner is required. Moreover, the development of new populations may proceed only when the proposal also demonstrates that the activity does not constitute an interference with the practices and actions of local public and private landowners on their own property. Specifically, reestablishment or introduction of new populations of listed plant species may not take place if it is determined by the managing state agency that such action, even if solely on state-managed lands, would hinder the lawful use of pesticides on adjacent agricultural, forest, or other properties.

(3) The department reserves the right to approve or deny any proposal for enhancing, reestablishing, or introducing populations of listed species on state-managed lands. Such a proposal shall be submitted to the department at least 180 days prior to the anticipated start of field work. The department shall respond to the proposal within 60 days of receipt. Failure to provide a written proposal to the department within the above time frame, or to evaluate potential effects on adjacent landowners when selecting sites for new populations of listed species, may result in the population(s) not being protected under these rules.

(4) Enhancing, reestablishing, or introducing populations of listed species may be accomplished by the distribution of seeds or other propagules, the transplantation of plants cultivated from seeds or vegetative organs, or the transplantation of wild plants from one site to another. Any proposal to enhance, reestablish, or introduce populations of a listed species will be reviewed by the department to ensure that appropriate considerations are given to genetic factors, and that the activity is in the conservation interest of the species. In making any determination on the soundness of a proposal, the department may consult with the U.S. Fish and Wildlife Service or other appropriate federal agency, affected state agencies, any affected private parties, the department's Technical Advisory Committee (as described in these rules), or any recognized experts in horticulture, plant genetics, plant conservation biology, or related fields. Finally, any proposal involving the take of any listed species (as defined in these rules) must follow the permit requirements outlined in OAR 603-073-0100.

(5) Reestablished and introduced populations are considered experimental and, with respect to recovery evaluations, shall not initially be tallied among the total number of natural populations known for a species. To be recognized as formally established, there must be verifiable biological evidence that a population is self-perpetuating and likely to persist and remain viable, defined as follows:

(a) For annual or biennial species, reproducing individuals must reappear at the site for five or more successive years, with the population size during the fifth or any later year not less than 80% that of the original number of plants that survived to reproduce in the first year after population establishment (with these originating from vegetative transplants or sown seed);

(b) For herbaceous and woody perennial species, reproducing individuals must reappear at the reintroduction site for eight or more successive years, with the population size during the eighth or any later year not less than 80% that of the original number of plants that survived to reproduce in the second year (in the case of populations originating from vegetative plantings) or third year (for perennial species started from seed);

(c) To be considered formally established, the size of artificially created populations must equal, or exceed, 90% of the estimated mean size of extant natural populations for the species existing at the time of initial planting (to be determined in consultation with the department). Alternately, created populations may also be considered established if they attain 90% of the estimated mean size of existing natural populations by their fifth year (for annuals and biennials) or eighth year (for perennials), or during any subsequent year.

(6) Regardless of date of initial planting, all artificially created or reestablished populations of listed species are afforded protection under these rules equal to that of naturally existing populations, providing the requirements in sections (2) and (3) of this rule are followed.

(7) The department recognizes the importance of in situ conservation of listed plant species. Accordingly, enhancement, reestablishment, or introduction of populations of listed species may be used as modes of recovery in only the most critical cases, and shall not be employed as routine mitigation tools to offset species' takes.

(8) To assist the department in establishing conservation priorities, including the need for plant species to be reclassified from endangered to threatened, or vice versa, or removed from state listing, federal agencies and private landowners shall, to the best of their ability, inform the department of any projects on their properties pertaining to the enhancement, reestablishment, or introduction of state-listed plant populations.

Or. Admin. Code § 603-073-0110

AD 13-1995, f. & cert. ef. 7-12-95

Stat. Auth.: ORS 561 & ORS 564

Stats. Implemented: ORS 561.190, ORS 564.040, ORS 564.105(2), ORS 564.105(4) & ORS 564.105(6)