Or. Admin. R. 629-680-0100 - Process for Board Evaluation of Threatened and Endangered Fish and Wildlife Species that use Resource Sites that are Sensitive to Forest Practices
(1) When a species
is listed as threatened or endangered by state or federal authorities, the
Board shall adopt rules to protect resource sites that are used by those
species and that are sensitive to forest practices. The following process shall
be used when the Board develops protection rules for these resource sites:
(a) The Board's evaluation shall be based on
the best available information summarized in a technical review paper. The
paper must be submitted by those proposing protection for resource sites used
by a threatened or endangered species. The paper may be written by the State
Forester, another agency, an organization or a person. The paper shall
demonstrate how the resource sites are sensitive to forest practices. The paper
may rely upon information used during the listing process and must:
(A) Identify the resource sites used by the
species;
(B) Identify forest
practices that conflict with the resource sites;
(C) Evaluate the biological consequences of
the identified conflicts; and
(D)
Propose protection requirements and exceptions for the resource
sites.
(b) The State
Forester shall review the technical paper submitted under subsection(1)(a) of
this rule. The review shall include an evaluation of the literature used,
consultation with technical experts and a technical review by experts chosen by
the State Forester. The State Forester shall submit a report of this review to
the Board.
(c) The Board shall
review and accept or reject the information presented in subsections (1)(a) and
(b) of this rule;
(d) Using the
technical review paper and the State Forester's report, plus other available
information for the species, the Board shall:
(A) Identify the resource sites for the
species;
(B) Identify forest
practices that conflict with the resource sites and evaluate the consequences
of those conflicts;
(C) Determine
the protection requirements for the resource sites; and
(D) Determine any exceptions
criteria.
(2)
The Board shall adopt protection requirements and exception criteria for
resource sites used by the threatened or endangered species.
(3) The State Forester shall maintain an
inventory of protected resource sites that are used by threatened or endangered
species.
(4) When a threatened or
endangered species is de-listed by the Oregon Fish and Wildlife Commission or
the U.S. Fish and Wildlife Service, the Board shall determine whether continued
protection of resource sites is warranted:
(a) If the Board determines that continued
protection rules are warranted, the rules shall be promulgated under the
appropriate statutory authority;
(b) If the Board determines that continued
protection rules are not warranted, existing rules shall be repealed.
Notes
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715
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