Bill Text: OR SB289 | 2011 | Regular Session | Introduced

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Bill Title: Relating to wildlife.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB289 Detail]

Download: Oregon-2011-SB289-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1551

                         Senate Bill 289

Sponsored by Senator FERRIOLI (Presession filed.)

                             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 State Fish and Wildlife Commission to consult with
cities and counties on impact to local economies from additions
to lists of threatened or endangered species.
  Requires commission to work with cities and counties to
mitigate adverse economic impact on local economies after species
listed as threatened or endangered.

                        A BILL FOR AN ACT
Relating to wildlife; creating new provisions; and amending ORS
  496.172, 496.176 and 496.182.
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 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 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.
  (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) { + (a) + } 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.
   { +  (b) Before adding any species to the list pursuant to
subsection (2) of this section, the commission shall consult with
affected cities and counties:
  (A) In making the determinations required by subsection (3) of
this section; and
  (B) To determine the impact that the listing will have on local
economies. + }
  (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 - }   { + as in effect on the effective date of
this 2011 Act + }.
  (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 - }   { + as in
effect on the effective date of this 2011 Act + }.
  (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 - }   { + as in effect on the effective date of
this 2011 Act + }, to not qualify as a threatened species or an
endangered species.
  (7) { + (a) + } 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) - }  { +  (b) + } 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) - }  { +  (c) + } 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:
  (a) 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.
  (b) May not include Branta canadensis leucopareia, commonly
known as the Aleutian Canada goose, on the lists of threatened
species or endangered species.
  SECTION 2. ORS 496.182 is amended to read:
  496.182. (1) The burden of protecting and recovering threatened
species or endangered species can be a significant cost to the
citizens of this state and it is therefore the policy of this
state to minimize duplication and overlap between state and
federal laws dealing with threatened species or endangered
species. To this end, nothing in this section is intended to
prevent the adoption of cooperative state or federal programs
when such programs provide protection for listed species without
significant impact on the primary uses of state lands.
  (2) { + (a) + } At the time the State Fish and Wildlife
Commission adds a species to the list of threatened species or
endangered species under ORS 496.172, the commission shall
establish by rule quantifiable and measurable guidelines that it
considers necessary to ensure the survival of individual members
of the species. These guidelines may include take avoidance and
protecting resource sites such as spawning beds, nest sites,
nesting colonies or other sites critical to the survival of
individual members of the species.
   { +  (b) The commission shall work with affected cities and
counties to mitigate the adverse impact on local economies when:
  (A) The commission adds a species to the list of threatened
species or endangered species pursuant to ORS 496.172; or
  (B) A species is listed pursuant to the federal Endangered
Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as in effect
on the effective date of this 2011 Act. + }
  (3) For threatened species listed under ORS 496.172 and in the
absence of an approved endangered species management plan
described in subsection (8) of this section for an endangered
species, if a state agency determines that a proposed action on
land it owns or leases, or for which it holds a recorded
easement, has the potential to violate the guidelines established
under subsection (2) of this section, it shall notify the State
Department of Fish and Wildlife. Within 90 days of such notice,
the department shall recommend reasonable and prudent
alternatives, if any, to the proposed action which are consistent
with the guidelines.
  (4) If a state agency fails to adopt the recommendations made
under subsection (3) of this section, it shall, after
consultation with the department, demonstrate that:
  (a) The potential public benefits of the proposed action
outweigh the potential harm from failure to adopt the
recommendations; and
  (b) Reasonable mitigation and enhancement measures shall be
taken, to the extent practicable, to minimize the adverse impact
of the action on the affected species.
  (5) When an action under this section is initiated by a person
other than a state agency, the agency shall provide final
approval or denial of the proposed action within 120 days of
receipt of a written request for final determination.
  (6) The provisions of this section do not apply to lands
acquired through foreclosures of loans made pursuant to programs
of the Department of Veterans' Affairs.
  (7) State land owning or managing agencies shall set priorities
for establishing endangered species management plans required by
subsection (8) of this section after consultation with the
commission on the level of biological threat and, in
consideration of available funds, the immediacy and seriousness
of the threat to any listed species.
  (8)(a)(A) Within four months of the listing of an endangered
species, the commission, in consultation and cooperation with the
state land owning or managing agency, shall determine if state
land can play a role in the conservation of endangered species.
The commission and the land owning or managing agency shall
consider species biology and geography of the land base to
determine if the species or its habitat is found on state land.
If the species or its habitat is not found on state land, the
commission shall determine that state land has no role to play in
the conservation of the species.
  (B) If the species or its habitat is found on state land, the
land owning or managing agency, in consultation with the State
Department of Fish and Wildlife, shall determine the role its
state land shall serve in the conservation of the endangered
species. This role may include, but is not limited to
conservation, contribution toward conservation or take avoidance.
To carry out its consulting role under this subsection, the
department shall provide state agencies with an assessment of the
conservation needs of the endangered species. In making this
determination, the land owning or managing agency shall balance
the statutory requirements, rules and policies applicable to the
agency's programs, the social and economic impacts that
conservation would have on the state, the conservation needs of
the species, the purpose of the land and the roles of other
ownership categories. The agency shall balance these factors
consistent with the commission's rules related to the biological
aspects of species management and the statutory obligations of
the land owning or managing agency, including the statutory
purpose of the land.
  (C) After determining the role its state land shall serve in
conservation of the species, the land owning or managing agency,
in consultation with the State Department of Fish and Wildlife
and consistent with the commission's rules related to endangered
species management plans, shall develop and approve an endangered
species management plan within 18 months from the date the
species is first listed as endangered. Endangered species
management plans shall be based on the statutes, rules and
policies applicable to the agency's programs and shall take into
account any social or economic impacts that the plan may have on
the state. The land owning or managing agency shall submit the
plan to the commission for review and approval as provided in
subparagraph (D) of this paragraph.
  (D) The commission shall review the endangered species
management plan approved by the land owning or managing agency
under subparagraph (C) of this paragraph to determine whether the
plan achieves the role defined for the land under subparagraph
(B) of this paragraph. Based on the biology of the endangered
species the commission may modify the endangered species
management plan if necessary to be consistent with the role the
land owning or managing agency has defined for the land under
subparagraph (B) of this paragraph and shall approve the plan as
submitted or modified within 24 months from the date the species
is listed as endangered.
  (b) For state agencies other than land owning or managing
agencies, the commission, in consultation and cooperation with
the agency, shall determine whether the agency can serve a role
in the conservation of endangered species. If the commission
determines that the agency has a role to play in conservation of
the endangered species, the agency shall determine what role it
shall serve in conservation of the endangered species. The agency
shall make this determination as provided in the commission's
rules related to the biological aspects of species management and
in a manner consistent with the agency's statutory obligations.
  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 - }   { + as in effect on the effective date of
this 2011 Act + }, 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.
  SECTION 4.  { + (1) The amendments to ORS 496.176 by section 1
of this 2011 Act apply to additions made by the State Fish and
Wildlife Commission on or after the effective date of this 2011
Act.
  (2) The amendments to ORS 496.182 by section 2 of this 2011 Act
apply to species added to the list of threatened species or
endangered species pursuant to ORS 496.172, and species listed
pursuant to the federal Endangered Species Act of 1973, on or
after the effective date of this 2011 Act. + }
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