(1)For purposes of this rule, the following definitions apply:
(a)“Documented” means that an area is shown on a map published or issued by a state or federal agency or by a professional with demonstrated expertise in habitat identification.
(b)“Wildlife habitat” is an area upon which wildlife depend in order to meet their requirements for food, water, shelter, and reproduction. Examples include wildlife migration corridors, big game winter range, and nesting and roosting sites.
(2)Local governments shall conduct the inventory process and determine significant wildlife habitat as set forth in OAR 660-023-0250 (Applicability)(5) by following either the safe harbor methodology described in section (4) of this rule or the standard inventory process described in OAR 660-023-0030 (Inventory Process).
(3)When gathering information regarding wildlife habitat under the standard inventory process in OAR 660-023-0030 (Inventory Process)(2), local governments shall obtain current habitat inventory information from the Oregon Department of Fish and Wildlife (ODFW), and other state and federal agencies. These inventories shall include at least the following:
(a)Threatened, endangered, and sensitive wildlife species habitat information;
(b)Sensitive bird site inventories; and
(c)Wildlife species of concern and/or habitats of concern identified and mapped by ODFW (e.g., big game winter range and migration corridors, golden eagle and prairie falcon nest sites, and pigeon springs).
(4)Local governments may determine wildlife habitat significance under OAR 660-023-0040 (ESEE Decision Process) or apply the safe harbor criteria in this section. Under the safe harbor, local governments may determine that “wildlife” does not include fish, and that significant wildlife habitat is only those sites where one or more of the following conditions exist:
(a)The habitat has been documented to perform a life support function for a wildlife species listed by the federal government as a threatened or endangered species or by the state of Oregon as a threatened, endangered, or sensitive species;
(b)The habitat has documented occurrences of more than incidental use by a species described in subsection (a) of this section;
(c)The habitat has been documented as a sensitive bird nesting, roosting, or watering resource site for osprey or great blue herons pursuant to ORS 527.710 (Duties and powers of board) (Oregon Forest Practices Act) and OAR 629-024-0700 (Forest Practices Rules);
(d)The habitat has been documented to be essential to achieving policies or population objectives specified in a wildlife species management plan adopted by the Oregon Fish and Wildlife Commission pursuant to ORS Chapter 496 (Application, Administration and Enforcement of Wildlife Laws); or
(e)The area is identified and mapped by ODFW as habitat for a wildlife species of concern and/or as a habitat of concern (e.g., big game winter range and migration corridors, golden eagle and prairie falcon nest sites, or pigeon springs).
(5)For certain threatened or endangered species sites, publication of location information may increase the threat of habitat or species loss. Pursuant to ORS 192.501(13), local governments may limit publication, display, and availability of location information for such sites. Local governments may adopt inventory maps of these areas, with procedures to allow limited availability to property owners or other specified parties.
(6)As set out in OAR 660-023-0250 (Applicability)(5), local governments shall develop programs to protect wildlife habitat following the standard procedures and requirements of OAR 660-023-0040 (ESEE Decision Process) and 660-023-0050 (Programs to Achieve Goal 5). Local governments shall coordinate with appropriate state and federal agencies when adopting programs intended to protect threatened, endangered, or sensitive species habitat areas.
Rule 660-023-0110 — Wildlife Habitat,