Or. Admin. Code § 635-430-0010
Current through Register Vol. 63, No. 10, October 1, 2024
Section 635-430-0010 - Definitions of Wildlife Habitat Conservation and Management ProgramFor the purposes of OAR 635-430-0000 through 635-430-0100 only:
(1) "Cooperating agency" means the Oregon Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, the Natural Resources Conservation Service, the Oregon State University Extension Service, Oregon Department of Forestry, Soil and Water Conservation Districts, Watershed Councils, Land Trusts, and organizations whose mission includes fish and wildlife conservation. Other persons with wildlife conservation and management training may be considered cooperating agencies if they meet the following qualifications:(a) A degree or certification from an accredited educational institution in a field of study providing knowledge that may be applied to preserve, enhance or improve habitat for native wildlife. Such fields of study include, but are not limited to, wildlife biology, wildlife management, fisheries management, biology, zoology, limnology, botany, ecology, wetland ecology, forest ecology, ecosystem management, environmental engineering, soil science, other natural science, or landscape architecture; or(b) Certification from a professional society (including but not limited to The Wildlife Society, American Fisheries Society, or Ecological Society of America) or licensure by the state in a field listed in subsection (1)(a) of this rule; and(c) Evidence of professional experience in a field listed in subsection (1)(a) of this rule.(2) "Department" means the Oregon Department of Fish and Wildlife.(3) "Watershed District" means an administrative unit of the Oregon Department of Fish and Wildlife based on geographic areas in Oregon.(4) "Landowner" means the party or parties having the fee interest in a lot, parcel, or tract of land, except where land is subject to a real estate sale contract where "landowner" means the contract vendee.(5) "Wildlife" means fish, shellfish, intertidal animals, wild birds as defined in OAR 635-057-0000, amphibians, reptiles and wild mammals as defined in OAR 635-057-0000.(6) "Oregon Conservation Strategy", as defined in ORS 541.890, is Oregon's wildlife action plan for conserving native species by maintaining and restoring functioning habitats, and preventing declines in these resources where possible.(7) "Native habitats of conservation concern" are habitat types that have experienced a high degree of loss since European settlement and continue to face impacts that threaten their conservation values. These habitats have been identified by state or federal resource agencies, local governments, federally recognized tribes, regional governments, watershed councils, conservation organizations or other qualified entities as important habitats for protection or ecological restoration to prevent additional loss of native habits or species. These may include Strategy Habitats and Local and Specialized Habitats as defined by the Oregon Conservation Strategy.(8) "Native vegetation" means vegetation that is indigenous to the subject property or to the physiographic province in which the subject property is located.(9) "Native" means of indigenous origin or growth.(10) "Significant wildlife habitat" means land that provides native habitats of conservation concern and meets property enrollment criteria identified in OAR 635-430-0027(2)(a)-(d).(11) "Intact habitat" means a native habitat of conservation concern that shows minimal sign of human activity or habitat fragmentation and is large enough to maintain native biodiversity.(12) "Subject property" means a lot, parcel or tract that is subject to a wildlife habitat conservation and management plan.(13) "Property" means a lot, parcel, or tract under the ownership of a landowner.(14) "Parcel" has the meaning given that term in ORS 215.010(1).(15) "Tract" has the meaning given that term in ORS 215.010(2).(16) "Lot" has the meaning given that term in ORS 92.010(4).(17) "Wildlife Habitat Special Assessment" means an incentive program that the landowner of a subject property may apply for when a wildlife habitat conservation and management plan is approved by the Department and is being implemented by the landowner. Wildlife Habitat Special Assessment is not administered by the Department; county assessors administer the assessment guided by ORS 308A.427.(18) "Wildlife habitat conservation and management plan" or "Plan" means a plan developed by a cooperating agency and landowner that specifies the conservation and management practices, including agricultural and forestry practices, consistent with the overall intent of the plan, that will be conducted to preserve, enhance or improve the structure or function of wildlife habitat on the subject property.Or. Admin. Code § 635-430-0010
FWC 23-1994, f. & cert. ef. 4-29-94; DFW 11-1998, f. & cert. ef. 2-5-98; DFW 115-2004, f. & cert. ef. 11-26-04; DFW 68-2024, amend filed 08/14/2024, effective 8/14/2024Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 308A.400-308A.430
Statutes/Other Implemented: ORS 496.012 & 308A.400-308A.430