OAR 635-100-0130
Requirement for Survival Guidelines
(1)
Before a state agency takes, authorizes, or provides direct financial assistance for any action on land owned or leased by the state, or for which the state holds a recorded easement, the state agency shall consult with the department to determine whether the action is consistent with the survival guidelines established by the commission pursuant to ORS 496.182 (Protection and conservation programs)(2) and OAR 635-100-0105 (Criteria for Listing Threatened and Endangered Species)(9) and listed in 635-100-0135 (Survival Guidelines for Species Listed as Threatened or Endangered);(2)
The agency shall notify the department in the event it is determined the proposed action has the potential to violate the survival guidelines. Within 90 days of such notice, the department shall recommend reasonable and prudent alternatives, if any, to the proposed action which are consistent with the guidelines.(3)
If a state agency fails to adopt the recommendations made by the department under section (2) of this rule, it shall consult with the department and demonstrate in writing that:(a)
The potential public benefits of the proposed action outweigh the potential harm from failure to adopt the recommendations; and(b)
Reasonable mitigation and enhancement measures shall be taken, to the extent practicable, to minimize the adverse impact of the action on the affected species.
Source:
Rule 635-100-0130 — Requirement for Survival Guidelines, https://secure.sos.state.or.us/oard/view.action?ruleNumber=635-100-0130
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