71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 185
 
                         House Bill 2605
 
Sponsored by Representative JENSON; Representatives KRUSE,
  MORGAN, P SMITH, T SMITH, Senator FERRIOLI
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires person seeking listing of species on state threatened
or endangered species list to show person will be adversely
affected or aggrieved by nonlisting.
 
                        A BILL FOR AN ACT
Relating to wildlife; creating new provisions; and amending ORS
  496.176.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 496.176 is amended to read:
  496.176. (1) The   { - lists - }   { + list + } of threatened
species or endangered species established pursuant to ORS 496.172
(2) shall include:
  (a) Those species of wildlife listed as of May 15, 1987, as a
threatened species or an endangered species pursuant to the
federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C.
1531), as amended; and
  (b) Those species determined as of May 15, 1987, by the State
Fish and Wildlife Commission to be threatened species or
endangered species.
  (2) The commission, by rule, may add or remove any wildlife
species from   { - either - }   { + the + } list, or change the
status of any species on the   { - lists - }  { +  list + }, upon
a determination that the species is or is not a threatened
species or an endangered species.
  (3) A determination that a species is a threatened species or
an endangered species shall be based on documented and verifiable
scientific information about the species' biological status. To
list a species as a threatened species or an endangered species
under ORS 496.004 and 496.171 to 496.182, the commission shall
determine that the natural reproductive potential of the species
is in danger of failure due to limited population numbers,
disease, predation or other natural or human actions affecting
its continued existence and, to the extent possible, assess the
relative impact of human actions. In addition, the commission
shall determine that one or more of the following factors exists:
  (a) That most populations are undergoing imminent or active
deterioration of their range or primary habitat;
  (b) That overutilization for commercial, recreational,
scientific or educational purposes is occurring or is likely to
occur; or
  (c) That existing state or federal programs or regulations are
inadequate to protect the species or its habitat.
  (4) Determinations required by subsection (3) of this section
shall be made by the commission on the basis of verifiable
scientific and other data after consultation with federal
agencies, other interested state agencies, the Natural Heritage
Advisory Council, other states having a common interest in the
species and interested persons and organizations.
  (5)   { - Any - }  { +  Except as provided in this subsection,
a + } person may petition the commission to, by rule, add, remove
or change the status of a species on the list:
  (a) A petition shall clearly indicate the action sought and
shall include documented scientific information about the
species' biological status to justify the requested action.
  (b) Within 90 days of receipt of a petition, the commission
shall respond in writing to the petitioner indicating whether the
petition presents substantial scientific information to warrant
the action requested.
  (c) If the petition is found to present such information, the
commission shall commence rulemaking.
  (d) A final determination by the commission concerning the
action requested in a petition shall be provided within one year
from the date of receipt of the petition, with the option for an
additional 12-month extension of time to complete the listing if
the commission determines that limited information or other
appropriate considerations require the extension.
  (e) If the petition is denied, the petitioner may seek judicial
review as provided in ORS 183.484.
   { +  (f) A person may not petition the commission to add a
species to the list unless the person would be adversely affected
or aggrieved if the species is not added to the list. + }
  (6) The commission may determine not to list a species as a
threatened species or an endangered species in any of the
following cases:
  (a) If the species has been listed pursuant to the federal
Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as
amended.
  (b) If the species is currently on the list as a sensitive
species, or is a candidate species or has been petitioned for
listing pursuant to the federal Endangered Species Act of 1973
(P.L. 93-205, 16 U.S.C. 1531), as amended.
  (c) If the species has been determined, pursuant to the federal
Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C.  1531), as
amended, to not qualify as a threatened species or an endangered
species.
  (7) Notwithstanding subsections (1) to (5) of this section, the
commission shall take emergency action to add a species to the
list of threatened species or endangered species if it determines
there is a significant threat to the continued existence of the
species within the state:
  (a) The commission shall publish notice of such addition in the
Secretary of State's bulletin and shall mail notice to affected
or interested persons whose names are included on the
commission's mailing list for such purposes.
  (b) Such emergency addition shall take effect immediately upon
publication in the Secretary of State's bulletin and shall remain
valid for a period no longer than one year, unless during the
period the commission completes rulemaking procedures as provided
in subsection (5) of this section.
  (8) The commission shall periodically review the status of all
threatened species and endangered species listed under ORS
496.171 to 496.192. Each species shall be reviewed at least once
every five years to determine whether verifiable scientific
information exists to justify its reclassification or removal
from the list, according to the criteria listed under subsections
(3) and (4) of this section. If a determination is made to
reclassify a species or remove it from the list, the commission,
within 90 days, shall commence rulemaking to change the status of
the species.
  (9) Notwithstanding the provisions of this section, the
commission may decide not to list a species that otherwise
qualifies as a threatened or endangered species within this state
if the commission determines that the species is secure outside
this state or the species is not of cultural, scientific or
commercial significance to the people of this state.
  SECTION 2.  { + The amendments to ORS 496.176 by section 1 of
this 2001 Act apply only to petitions filed under ORS 496.176 (5)
on or after the effective date of this 2001 Act. + }
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