OAR 635-100-0170
Threatened and Endangered Species Incidental Take Permits

(1)

Except as provided in this rule, the department may issue a permit to any person for the incidental take of a state-listed threatened or endangered species if it determines that such take will not adversely impact the long-term conservation of the species or its habitat. The department may issue the permit under such terms, conditions and time periods necessary to minimize the impact on the species or its habitat. An incidental take permit may be issued for individuals of more than one state-listed species.

(2)

To request an incidental take permit, the person shall submit an application and provide the information required on the form provided by the department. If the department is seeking an incidental take permit, it shall make application to the commission on the same form and under the same standards as provided in section (2) of this rule.

(3)

An incidental take permit shall not be issued for any species listed under the federal ESA. An incidental take permit or statement issued by a federal agency shall be considered a waiver of any state protection measures or requirements otherwise applicable to the actions allowed by the federal agency.

(4)

Notwithstanding subsection (1) of this rule, an incidental take permit may be granted for activities which affect listed coho that do not significantly decrease the likelihood that the fish will recover.

Source: Rule 635-100-0170 — Threatened and Endangered Species Incidental Take Permits, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=635-100-0170.

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 635-100-0170’s source at or​.us