72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1386
House Bill 2458
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 as
introduced.
Directs State Fish and Wildlife Commission to remove species
from list of threatened species or endangered species when
species is removed from federal Endangered Species Act.
A BILL FOR AN ACT
Relating to endangered species; 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) { + Except as provided in subsection (2) of this
section, + } 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 list of threatened species or endangered species
established pursuant to ORS 496.172 (2) may not include those
species that are removed from the federal Endangered Species Act
of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended. The State Fish
and Wildlife Commission shall engage in rulemaking to remove from
the list those species that are removed from the federal
Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as
amended. The commission may add by rule to the list established
pursuant to ORS 496.172 (2) those species that are removed
pursuant to this subsection when the commission follows the
listing procedures described in subsections (4) to (6) of this
section. + }
{ - (2) - } { + (3) + } 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) - } { + (4) + } 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) - } { + (5) + } Determinations required by
subsection { - (3) - } { + (4) + } 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) - } { + (6) + } 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) - } { + (7) + } 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) - } { + (8) + } Notwithstanding subsections
{ - (1) - } { + (4) + } to { - (5) - } { + (6) + } 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) - } { + (6) + } of this section.
{ - (8) - } { + (9) + } 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 { + established
pursuant to ORS 496.172 (2) + }, according to the criteria listed
under subsections { - (3) - } { + (4) + } and { - (4) - }
{ + (5) + } of this section. If a determination is made to
reclassify a species or remove it from the list { + established
pursuant to ORS 496.172 (2) + }, the commission, within 90 days,
shall commence rulemaking to change the status of the species.
{ - (9) - } { + (10) + } 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.
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