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 4261
A-Engrossed
House Bill 3981
Ordered by the House May 29
Including House Amendments dated May 29
Sponsored by Representatives JENSON, KROPF
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.
{ - Prohibits State Fish and Wildlife Commission from listing
threatened and endangered species that are listed under federal
law. - }
{ + Creates Economic and Social Impact Report Team for each
species that State Fish and Wildlife Commission considers for
listing as threatened or endangered. Directs each Economic and
Social Impact Report Team to report on economic and social
impacts that listing will have on affected communities and state.
Requires State Fish and Wildlife Commission to create, by rule,
safe harbor program for state land lessees and candidate
conservation program for parties affected by listing of species
as threatened or endangered.
Requires commission to consider economic and social impact
report and consult with Economic and Social Impact Report Team
before determining that species is threatened or endangered.
Prohibits State Fish and Wildlife Commission from listing
species as endangered or threatened if species is beyond
recovery. + }
A BILL FOR AN ACT
Relating to protected species; creating new provisions; and
amending ORS 496.172 and 496.176.
Whereas a recent federal appeals court decision acknowledged
that federal agencies must consider the economic effects of the
designation of critical habitat in regard to threatened and
endangered species and the economic effects of the listing of
threatened and endangered species itself; and
Whereas it is the intent of the Legislative Assembly that state
agencies involved in the listing of a species as threatened or
endangered also consider the economic and social impacts of the
listing on the affected communities and this state; and
Whereas it is the intent of the Legislative Assembly that
economic and social impacts are considered when making the
decision to list a species as a threatened or endangered species;
now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2001 Act is added to and made
a part of ORS 496.171 to 496.182. + }
SECTION 2. { + (1) For each species that the State Fish and
Wildlife Commission considers for listing as a threatened species
or an endangered species under ORS 496.004 and 496.171 to
496.182, there is created an Economic and Social Impact Report
Team that consists of:
(a) One professional economist to be appointed by the Governor;
(b) One professional sociologist to be appointed by the
Governor;
(c) One county commissioner to be appointed by the Speaker of
the House of Representatives;
(d) One member of the State Fish and Wildlife Commission to be
appointed by the chairperson of the commission; and
(e) One elected official from a local government to be
appointed by the President of the Senate.
(2) As soon as practicable after notification by the State Fish
and Wildlife Commission under ORS 496.176 that the commission is
considering listing a species as a threatened species or an
endangered species, the Governor, the Speaker of the House of
Representatives, the President of the Senate and the chairperson
of the commission shall make their appointments to an Economic
and Social Impact Report Team.
(3) Membership on an Economic and Social Impact Report Team
shall last from appointment until the team has submitted its
report on the economic and social impacts the listing of the
species as a threatened species or an endangered species will
have on the affected communities and this state.
(4) An Economic and Social Impact Report Team shall consider
information, including but not limited to all existing economic
and sociological information that will demonstrate the economic
and social impacts that will result from listing a species under
ORS 496.004 and 496.171 to 496.182. The report shall compare the
economic and sociological conditions of the affected communities
and this state prior to the listing of the species and the
projected economic and sociological conditions of the affected
communities and this state after the listing of the species. The
scope of each report shall be as geographically inclusive as
possible and shall take into account resident attitudes and local
customs. The report shall include, at a minimum, consideration of
the following economic and sociological conditions:
(a) The increase or decrease in employment opportunities
resulting from the listing of the species, and the subsequent
economic and social impacts the gain or loss in employment
opportunities will have on the affected communities and this
state;
(b) The type of employment opportunities that will be gained or
lost in the affected communities and this state because of the
listing of the species, and the subsequent impact on specific
markets or industries, business owners and wage earners and the
quality of life in the affected communities;
(c) The impact on natural resources used by businesses in the
affected communities and this state, including but not limited to
wildlife, timber, minerals, land and water, and the subsequent
impact on the number of employment opportunities, type of
employment opportunities, road and building infrastructure and
other quality of life issues;
(d) The impact on recreational opportunities;
(e) The economic and social impacts on individual landowners;
(f) The impact on individuals in the affected communities in
terms of quality of life issues, including but not limited to the
number and type of employment opportunities available, change in
school size, school funding and quality of schools, availability
of medical treatment, road and building infrastructure,
availability of housing and land use regulation;
(g) The impact on local government;
(h) Additional expenses for state agencies that have land
management or regulatory authority, or that are responsible for
providing social services;
(i) The impact on Indian tribes, the state or federal
relationship with the tribes and memoranda of agreement or
treaties with the tribes, and the contributions tribal practices
could offer toward keeping the species from being listed or
toward assisting in the recovery of the species; and
(j) The infrastructure that must be developed to mitigate the
economic and social impacts of the listing of the species, the
costs of the development of that infrastructure and the moneys
available to complete the development.
(5) If an Economic and Social Impact Report Team determines
that the listing of a species will result in negative economic or
social impacts for a community, and the species is listed under
ORS 496.004 and 496.171 to 496.182, the state shall, when
practicable, assist the affected areas in planning, development
and funding to mitigate the negative economic and social impacts.
(6) An economist and sociologist appointed under subsection (1)
of this section are entitled to compensation and expenses as
provided in ORS 292.495. Other members of an Economic and Social
Impact Report Team are not entitled to compensation, but may
receive actual and necessary travel or other expenses incurred in
the performance of their official duties under this section, as
provided in ORS 292.495.
(7) An Economic and Social Impact Report Team shall use the
services of permanent legislative staff and permanent state
agency employees to the greatest extent possible.
(8) All agencies, departments and officers of this state are
directed to assist an Economic and Social Impact Report Team in
the performance of its functions and to furnish such information
and advice as the members of the team consider necessary to
perform their functions. + }
SECTION 3. ORS 496.172 is amended to read:
496.172. In carrying out the provisions of the wildlife laws
with regard to the management of wildlife that is a threatened
species or an endangered species, the State Fish and Wildlife
Commission:
(1) Shall conduct investigations of wildlife species native to
this state and shall determine whether any such species is a
threatened species or an endangered species.
(2) By rule, shall establish and publish, and from time to time
may revise, a list of wildlife species that are threatened
species or endangered species. Listed threatened species or
endangered species shall be protected as provided in ORS 496.182.
(3) Shall work cooperatively with state agencies that have land
management authority or regulatory authority to determine their
roles within their statutory obligations in the conservation of
endangered species, as described in ORS 496.182 (8).
(4) By rule, shall establish a system of permits for scientific
taking of threatened species and endangered species and shall
establish a system of state permits for incidental taking of
state-designated threatened species and endangered species not
listed by the federal government under such terms and conditions
as the commission determines will minimize the impact on the
species taken. An incidental taking permit or statement issued by
a federal agency for a species listed under the federal
Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as
amended, shall be recognized by the state as a waiver of any
state protection measures or requirements otherwise applicable to
the actions allowed under the federal permit.
(5) Shall cooperate with the State Department of Agriculture in
carrying out the provisions of ORS 564.105.
(6) Shall adopt administrative rules to carry out the
provisions of ORS 496.171 to 496.182 and 498.026.
{ + (7) By rule, shall create a safe harbor program that,
notwithstanding ORS 496.004 and 496.171 to 496.182, permits an
affected lessee of state land to enter into an agreement with the
commission that outlines the lessee's responsibilities in the
protection of a species listed under ORS 496.004 and 496.171 to
496.182 that is located on the leased property. Nothing in this
subsection shall be construed to affect the lessee's
responsibilities under federal law.
(8) By rule, shall create a candidate conservation program
that, notwithstanding ORS 496.004 and 496.171 to 496.182, permits
a party that would be affected by the listing of a species as a
threatened species or an endangered species under ORS 496.004 and
496.171 to 496.182 to enter into an agreement with a state agency
that outlines a plan to reduce existing threats or endangerment
to a species to avoid the listing of the species as a threatened
species or an endangered species. + }
SECTION 4. ORS 496.176 is amended to read:
496.176. (1) The lists 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) { + (a) + } The commission, by rule, may add or remove any
wildlife species from either list, or change the status of any
species on the lists, upon a determination that the species is or
is not a threatened species or an endangered species.
{ + (b) Prior to consideration of a species for listing as a
threatened species or an endangered species, the commission shall
notify the Governor, the Speaker of the House of Representatives
and the President of the Senate, who shall appoint and convene an
Economic and Social Impact Report Team under section 2 of this
2001 Act. + }
(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 { + :
(a) + } 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, - }
{ + (b) Consider the economic and social impact report
developed under section 2 of this 2001 Act;
(c) + }To the extent possible, assess the relative impact of
human actions { + ; and + } { - . In addition, the commission
shall - } { +
(d) + } Determine that one or more of the following factors
exists:
{ - (a) - } { + (A) + } That most populations are
undergoing imminent or active deterioration of their range or
primary habitat;
{ - (b) - } { + (B) + } That overutilization for
commercial, recreational, scientific or educational purposes is
occurring or is likely to occur; or
{ - (c) - } { + (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 Economic and
Social Impact Report Team, + } the Natural Heritage Advisory
Council, other states having a common interest in the species and
interested persons and organizations.
(5) Any 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.
(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.
{ + (10) The commission may not place a species on the list
if it determines that the species is beyond recovery. + }
----------