Or. Admin. Code § 635-100-0040

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

Section 635-100-0040 - Sensitive Species List

(1) For the purpose of prioritizing conservation actions to prevent species from becoming eligible for listing as threatened or endangered species, the category of sensitive species is established. "Sensitive" refers to wildlife species, subspecies, or populations that are facing one or more threats to their populations, habitat quantity or habitat quality or that are subject to a decline in number of sufficient magnitude such that they may become eligible for listing on the state Threatened and Endangered Species List. The sensitive species list shall be updated by the department every 5 years, distributed to state and federal resource agencies, and made available to any member of the public upon request.

(2) A wildlife species shall qualify for inclusion on the sensitive species list if:

(a) Its numbers are declining at a rate such that it may become eligible for listing as a threatened species; or

(b) Its habitat is threatened or declining in quantity or quality such that it may become eligible for listing as a threatened species.

(3) A wildlife species shall qualify for removal from the sensitive species list if:

(a) Its numbers are not or are no longer declining at a rate such that it may become eligible for listing as a threatened species; and

(b) Its habitat is not or is no longer threatened or declining in quantity or quality such that it may become eligible for listing as a threatened species.

(4) In making a determination under subsections (2) and (3) of this rule, the Department will consider the factors described in 635-100-0105 subsections (5) and (6).

(5) In addition to the 5-year review, the Department may add a species to or remove a species from the sensitive species list at any time based on new or additional information on species population status, habitat or threats.

(6) Any person may request that a species be included on or removed from the sensitive species list. Any request must be in writing, stating the reasons for the requested action and briefly outlining the status of the species and how its condition meets the criteria enumerated in this rule for inclusion or removal. The department shall review any such request, determine if the species qualifies for the requested action, and shall notify the person making the request of its decision within 90 days of receipt of the request.

Or. Admin. Code § 635-100-0040

FWC 96-1988, f. & cert. ef. 9-30-88; DFW 22-1998, f. & cert. ef. 3-13-98; DFW 108-2009, f. & cert. ef. 9-8-09

Stat. Auth.: ORS 496.004, 496.171, 496.172, 496.182, 496.192 & 498.026

Stats. Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192, 498.026