Or. Admin. Code § 635-100-0150

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

Section 635-100-0150 - Endangered Species Requirements for Agencies Other than State Land Owning or Managing Agencies

(1) In consultation and cooperation with agencies other than state land owning or managing agencies, the commission shall determine whether those agencies can serve a role in the conservation of the endangered species. If the commission determines that an agency has a role, it shall notify the agency in writing. Once notified, the agency shall determine what role it shall serve. This role may include, but is not limited to, conservation of the species, contribution toward conservation or take avoidance. In making this determination, the agency shall:

(a) Consult with the department concerning the biological aspects of managing the species;

(b) Consider the impact its actions and programs may have on the conservation of the species and its habitat;

(c) Consider the commission's survival guidelines for the listed species; and

(d) Consider its statutory obligations.

(2) To carry out its consultation role under this rule, the department shall provide agencies with an assessment of the conservation need of the species, as well as a list of the existing management rules, plans and other management guidelines and biological information related to the management of the listed species.

(3) Once the agency determines what role it shall serve in the conservation of the species, the agency shall provide the commission a written description of its role, with an explanation of how it developed the role and how it intends to achieve the role. This explanatory statement shall address the following:

(a) What programs are covered by the statement;

(b) What role the agency will play in conservation of the species and how the agency defined the role;

(c) What actions the agency will take to achieve the defined role;

(d) Whether the agency will reassess and review its actions to achieve the role, and if so, how and when;

(e) Whether the agency will monitor its actions, and if so, how and when;

(f) How the agency's role and actions relate to state, federal and other recovery efforts.

Or. Admin. Code § 635-100-0150

DFW 22-1998, f. & cert. ef. 3-13-98

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