OAR 635-100-0110
Procedure for Listing Threatened and Endangered Species

(1)

Any person may petition the commission to list, reclassify or remove wildlife species on the state list. The petition shall be in writing and shall include the following information:

(a)

The action sought; and

(b)

Documented scientific evidence about the species’ biological status to support the requested action.

(2)

The documented scientific evidence under subsection (1)(b) of this rule shall include the following:

(a)

Common and scientific names of the species and any taxonomic problems or questions;

(b)

A discussion of the existence, or lack thereof, of past, present or threatened destruction, modification or curtailment of the species’ habitat or geographical distribution, describing and documenting:

(A)

Threats, or lack thereof, to the species’ habitat and distribution;

(B)

The species’ historical and presently known distribution;

(C)

Any changes in habitat and reasons for such changes, such as overutilization for commercial, recreational, scientific or educational purposes, if known;

(D)

Any land use practices adversely or positively affecting the species’ habitat; and

(E)

Measures that have been or could be taken to alleviate a reduction in habitat of the species.

(c)

A discussion of the existence, or lack thereof, of present or threatened danger or failure of the natural reproductive potential of the species including:

(A)

The species’ present population status;

(B)

Any changes in population, and the reasons for such changes, such as disease, predation, or overutilization of the species or its habitat, if any, for commercial, recreational, scientific or educational purposes, if known;

(C)

Any land use practices adversely or positively impacting or having impacted the species;

(D)

Measures that have been or could be taken to alleviate a reduction in population of the species;

(E)

A discussion of other natural or human-related factors affecting the continued existence of the species, including:
(i)
Climatic, successional, reproductive, genetic or other factors such as competition with an introduced species affecting the species existence;
(ii)
The effects of environmental pollution and other human-related factors on the continued existence of the species; and
(iii)
The relative impact of human actions on the continued existence of the species, as compared to nonhuman impacts.

(3)

Any petition submitted under subsection (1) of this rule shall be acknowledged by the department in writing within ten (10) working days of receipt.

(4)

Within 90 days of receipt of the petition, the commission shall advise the petitioner, in writing, whether the petition presents substantial scientific evidence to justify proceeding with the requested action.

(5)

In determining whether the petition presents substantial scientific information to justify proceeding with the requested action, the commission may consult with the following:

(a)

Affected state and federal agencies;

(b)

Affected cities or counties;

(c)

Affected federally recognized Indian tribes;

(d)

Other interested state agencies;

(e)

The Natural Heritage Advisory Council;

(f)

Other states having a common interest in the species; or

(g)

Interested person with expertise on the wildlife species involved in the petition.

(6)

If the petition is found to present substantial scientific information to justify proceeding with the requested action, the commission shall commence the process of rulemaking using the criteria set forth in OAR 635-100-0105 (Criteria for Listing Threatened and Endangered Species) (Criteria for Listing), 635-100-0111 (Reclassifying Threatened and Endangered Species) (Reclassifying Species), or 635-100-0112 (Removing Threatened and Endangered Species from the State List) (Removing Species from the State List), whichever is appropriate.

(7)

If, during the rulemaking process, the commission subsequently determines that the proposed action does not meet the criteria set forth in the appropriate rule provision, the commission shall so advise the petitioner in writing within ten (10) working days of that denial, and shall provide the basis for the commission’s decision.

(8)

Unless the commission extends the time period as provided in this section, a final determination on the action requested in the petition shall be made by the commission within a period not to exceed one (1) year from the date of receipt of the petition. The commission may extend the time period within which to make a decision on a petition for up to 12 additional months, if the commission determines that the information available to the department and the commission is limited or other appropriate circumstances require the extension of time. If it extends the time period for decision making, the commission shall notify the petitioner in writing.

(9)

If the petition is found not to present substantial scientific information to justify proceeding with the requested action, or if the commission, during the rulemaking process, denies the petition, the petitioner may seek judicial review of the commission’s written decision as provided in ORS 183.484 (Jurisdiction for review of orders other than contested cases).

Source: Rule 635-100-0110 — Procedure for Listing Threatened and Endangered Species, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=635-100-0110.

635–100–0001
Wildlife Diversity Plan Definition of Terms 635–100–0005
Wildlife Diversity Plan Content and Purpose 635–100–0010
Wildlife Diversity Program Goal 635–100–0015
Wildlife Diversity Program Objectives 635–100–0030
Wildlife Diversity Plan Five-Year Review 635–100–0040
Sensitive Species List 635–100–0080
Threatened and Endangered Species List Policy Statement 635–100–0100
Threatened and Endangered Species Definition of Terms 635–100–0105
Criteria for Listing Threatened and Endangered Species 635–100–0110
Procedure for Listing Threatened and Endangered Species 635–100–0111
Reclassifying Threatened and Endangered Species 635–100–0112
Removing Threatened and Endangered Species from the State List 635–100–0113
Threatened and Endangered Species Technical Committees 635–100–0115
Threatened and Endangered Species Temporary Listing 635–100–0120
Threatened and Endangered Species Periodic Review of List 635–100–0125
State List of Threatened and Endangered Species 635–100–0130
Requirement for Survival Guidelines 635–100–0135
Survival Guidelines for Species Listed as Threatened or Endangered 635–100–0136
Survival Guidelines for Washington Ground Squirrel 635–100–0137
Advisory Survival Guidelines for Marbled Murrelet 635–100–0140
Endangered Species Management Plans for State Land Owning or Managing Agencies 635–100–0150
Endangered Species Requirements for Agencies Other than State Land Owning or Managing Agencies 635–100–0160
Classification of Agencies 635–100–0170
Threatened and Endangered Species Incidental Take Permits 635–100–0180
Western Snowy Plover 635–100–0190
Lower Columbia River Coho Fishery Management 635–100–0191
Lower Columbia River Coho Hatchery Programs 635–100–0192
Lower Columbia River Coho Land Management 635–100–0193
Lower Columbia River Coho Monitoring 635–100–0194
Lower Columbia River Coho De-listing Criteria
Last Updated

Jun. 8, 2021

Rule 635-100-0110’s source at or​.us