Or. Admin. Code § 635-100-0100

Current through Register Vol. 63, No. 11, November 1, 2024

Section 635-100-0100 - Threatened and Endangered Species Definition of Terms

As used in Division 100 rules:

(1) "Commission" means the State Fish and Wildlife Commission.

(2) "Conservation means the use of methods and procedures necessary to bring a species to the point at which the measures provided under ORS 496.171 to 496.182 are no longer necessary. Such methods and procedures include, but are not limited to, activities associated with scientific resource management such as research, census taking, law enforcement, habitat acquisition and maintenance, habitat protection and restoration, propagation and transplantation.

(3) "Department" means the Oregon Department of Fish and Wildlife.

(4) "Director" means the Director of the Oregon Department of Fish and Wildlife.

(5) "Endangered Species" means:

(a) Any native wildlife species determined by the commission to be in danger of extinction throughout any significant portion of its range within the state; or

(b) Any native wildlife species listed as an endangered species pursuant to the federal ESA.

(6) "Federal ESA" means the federal Endangered Species Act of 1973 (Public Law 93-205, 16 USC § 1531), as amended.

(7) "Federal list" means the list of native wildlife species that have been designated as endangered or threatened under the federal ESA.

(8) "Native" means a species indigenous to Oregon, not introduced. Indigenous species include species that occur naturally or were extirpated from the state.

(9) "Person" means natural person, individual, corporation, company, society, association, firm, partnership, cooperative, governmental or political subdivision or agency thereof.

(10) "Species" means any group or population of wildlife that interbreeds and is substantially reproductively isolated.

(11) "State List" means the official state list of wildlife species that have been designated as endangered or threatened under the procedures set forth in ORS 496.172 to 496.192 and OAR 635, division 100.

(12) "Substantial scientific evidence" means that quantum of the best available documented information or evidence that a reasonable person would accept as adequate to support a conclusion. This includes information or evidence that may not have been reviewed by a scientific review panel, but that the department considers scientifically reliable.

(13) "Survival guidelines" means the quantifiable and measurable guidelines that the commission considers necessary to ensure the survival of individual members of the species.

(14) "Take" means to kill or obtain possession or control of any species on the state list.

(15) "Threatened species" means:

(a) Any native wildlife species the commission determines is likely to become an endangered species within the foreseeable future throughout any significant portion of its range within this state; or

(b) Any native wildlife species listed as a threatened species pursuant to the federal ESA.

(16) "Verifiable" means scientific information reviewed by a scientific peer review panel of outside experts who do not otherwise have a vested interest in the process. For purposes of this definition, "vested interest in the process" means that the person reviewing the scientific information does not have a personal economic interest in the commission's decision to list a species. Information that would be considered "verifiable" includes, but is not limited to:

(a) Articles and information published in peer-reviewed scientific journals, such as the Journal of Wildlife Management and Transactions of the American Fisheries Society;

(b) Information developed by the department, which has been peer reviewed by outside experts (e.g., agency management plans, Nongame Wildlife Program Technical Reports);

(c) Information developed by federal agencies, which has been peer reviewed (e.g., peer-reviewed agency management plans, final environmental impact statements, adopted recovery plans, interagency technical reports);

(d) Peer-reviewed data gathered by the department or others using standard methodologies or protocols.

(e) Information developed by the Pacific Northwest Electric Power and Conservation Planning Council or other organizations, which has been peer reviewed.

(17) "Wildlife" means fish, wild birds, amphibians, reptiles and wild mammals.

Or. Admin. Code § 635-100-0100

FWC 50-1988, f. & cert. ef. 6-24-88; DFW 22-1998, f. & cert. ef. 3-13-98; DFW 13-2024, amend filed 02/21/2024, effective 2/21/2024

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 496.172 & ORS 496.182

Statutes/Other Implemented: ORS 496.004, ORS 496.171, ORS 496.172, ORS 496.182, ORS 496.192 & ORS 498.026