ORS 498.500
Mitigation of adverse effects on core area habitat

  • policy

(1)

To assist persons with meeting the requirements of this state and local and federal governments concerning the mitigation of the adverse effects that a proposed action may have on core area habitat of sage grouse, the State Department of Fish and Wildlife, after consultation with interested local and tribal governments, state and federal agencies and private organizations, may develop and administer a uniform policy for mitigating the adverse effects that the proposed actions may have on core area habitat of sage grouse.

(2)

If the department develops a mitigation policy under this section, the policy may include:

(a)

Provisions for the recognition or establishment of mitigation banks; and

(b)

Any other framework, criteria or goals developed to facilitate the mitigation of the adverse effects that a proposed action may have on core area habitat of sage grouse in a manner that ensures a landscape approach to the conservation of sage grouse.

(3)

If the department develops a mitigation policy under this section, the policy must:

(a)

Provide that the department review, at least once every five years, the mapping by the department of core area habitat of sage grouse and revise the mapping, if necessary, to account for any new and substantial biological information; and

(b)

Ensure that any use of a mitigation bank or other mitigation framework provided for under the policy does not result in a net loss of either the quality or quantity of sage grouse habitat and provides a net benefit to the quality or quantity of sage grouse habitat.

(4)

If the department develops a mitigation policy under this section for the purpose of benefiting sage grouse as a result of a listing as a sensitive, threatened or endangered species under ORS 496.171 (Definitions for ORS 496.171 to 496.182) to 496.182 (Protection and conservation programs), or a listing as a candidate, threatened or endangered species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et seq.), the policy shall ensure, to the greatest extent practicable, that any use of land, water or other natural resources occurring in a habitat identified as part of a mitigation bank or other mitigation framework developed under the policy may continue after the department identifies the habitat as part of a mitigation bank or other mitigation framework.

(5)

Intentionally left blank —Ed.

(a)

Subsections (1) to (4) of this section do not affect the ability of a person to develop a proposal under ORS 498.502 (Actions that affect core area habitat) for off-site mitigation or a mitigation bank in order to meet the requirements of this state and local and federal governments concerning the mitigation of the adverse effects that a proposed action by the person may have on core area habitat of sage grouse.

(b)

Any proposal for off-site mitigation or a mitigation bank developed under this section and ORS 498.502 (Actions that affect core area habitat) must not result in a net loss of either the quality or quantity of sage grouse habitat and must provide a net benefit to the quality or quantity of sage grouse habitat. [2013 c.710 §1]
Note: 498.500 (Mitigation of adverse effects on core area habitat) and 498.502 (Actions that affect core area habitat) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 498 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 498.500 — Mitigation of adverse effects on core area habitat; policy, https://www.­oregonlegislature.­gov/bills_laws/ors/ors498.­html.

498.002
Wildlife as state property 498.006
Chasing or harassing wildlife prohibited 498.012
Taking wildlife causing damage, posing public health risk or that is public nuisance 498.014
Taking of wolves by State Department of Fish and Wildlife to address chronic depredation 498.016
Taking crippled or helpless wildlife 498.018
Commercial cervid attractants 498.019
Purchase, sale or exchange of hides, antlers and other parts of deer, elk and antelope 498.021
Short title 498.022
Purchase, sale, exchange or possession of wildlife or wildlife parts or products 498.026
Transaction in threatened or endangered wildlife species prohibited 498.029
Purchase, sale or exchange of fox, skunk or raccoon prohibited 498.032
Angling or hunting for compensation in violation of wildlife laws or rules prohibited 498.036
Possession in field of skinned or plucked wildlife prohibited 498.042
Removal of parts of wildlife and waste of wildlife prohibited 498.046
Making toxic substances accessible to wildlife prohibited 498.048
Devices propelling cyanide 498.052
Releasing domestically raised or imported wildlife without permit prohibited 498.056
Aiming rifle from moving motor vehicle prohibited 498.102
Use of dogs to hunt or track game mammals or birds 498.106
Competitive field trials for hunting dogs 498.112
Use of live birds for competitive shooting prohibited 498.120
Hunting on another’s cultivated or enclosed land 498.126
Hunting or assisting others to hunt or locate game animals or birds by aircraft prohibited 498.128
Use of drones for pursuit of wildlife prohibited 498.136
Hunting from motor-propelled vehicle restricted 498.142
Hunting with artificial light restricted 498.146
Shining artificial light on game mammal, predatory animal or livestock while in or near motor vehicle and while in possession of weapon restricted 498.152
Agreements restricting parking or use of motor vehicles on certain lands 498.153
Parking vehicle in violation of restrictions 498.154
Notice adequate to charge defendant 498.155
Failure to appear 498.158
Hunting or trapping wildlife in certain governmental districts restricted 498.164
Use of dogs or bait to hunt black bears or cougars 498.166
Bears or cougars posing threat to human safety 498.170
Hunters who have a visual impairment 498.172
Trap check requirements 498.180
Sale of hunts for feral swine prohibited 498.182
Knowingly allowing feral swine to roam on certain lands prohibited 498.208
Use of electricity or foreign substances to take game fish prohibited 498.216
Angling from fishways restricted 498.222
Transportation or release of fish without permit prohibited 498.228
Possession of fish taken outside state restricted 498.234
Protection of finfish and shellfish from introduction of disease 498.242
Possession of walking catfish and piranha restricted 498.247
Protection of juvenile salmonids from cormorants 498.257
Prohibition on possession, sale, trade or distribution of shark fins 498.279
Black bass and walleye angling contests 498.286
Prize limitation 498.301
Policy 498.306
Screening or by-pass devices for water diversions 498.316
Exemption from screening or by-pass devices 498.321
Screening or by-pass standards 498.326
Department guidelines for screening and by-pass projects 498.336
Statutes not construed to limit ability to acquire funding for screening or by-pass devices 498.341
Additional funding 498.346
Injunction to require compliance with screening or by-pass requirements 498.400
Definitions for ORS 498.400 to 498.464 498.406
License to operate certain outdoor clubs required 498.412
Application of ORS 498.406 498.418
License application 498.424
Report to commission required 498.432
Notice to applicant upon receipt of license application 498.438
Investigatory power of commission over outdoor clubs required to be licensed 498.444
Information developed in licensing process as public record 498.452
Grounds for denial or revocation of license 498.458
Term of license 498.464
Commission authority to restrain violations of outdoor club laws 498.500
Mitigation of adverse effects on core area habitat 498.502
Actions that affect core area habitat 498.504
Sage Grouse Mitigation Program In-Lieu Fee Fund 498.825
Oregon Hatchery Research Center Board 498.827
Duties of Oregon Hatchery Research Center Board 498.829
Officers 498.831
Oregon Hatchery Research Center 498.833
Oregon Hatchery Research Center 498.850
Disposition of hatchery-produced fish carcasses 498.993
Penalty for violation of outdoor club laws
Green check means up to date. Up to date

Current through early 2024

§ 498.500’s source at oregon​.gov