OAR 603-073-0100: Permits and Transactions in Threatened or Endangered Species

(1) No person shall take, or attempt to take, or knowingly transport for the purpose of introduction, any listed plant species without first having obtained permission from the person who owns or leases the land from which the species is to be taken or is to be introduced, per ORS 564.120(1) and (2). When land is state-managed, permission to introduce, take, or attempt to take a listed species is only allowed if the person is eligible for and obtains a written permit, or qualifies for a permit exception as described under sections (4)–(14) of this rule. (2) It shall be unlawful for any person to import, export, transport for commercial purpose, purchase, or sell, or attempt to import, export, transport for commercial purpose, purchase, or sell any threatened or endangered plant species, or part thereof, from any location in Oregon unless a written permit is obtained, or the person qualifies for a permit exception as described under sections (4)–(14) of this rule. (3) It shall be unlawful for any person to collect, store, preserve, possess, cultivate, clone, micropropagate, or in any other way propagate, or attempt to collect, store preserve, possess, cultivate, clone, or in any way propagate, any threatened or endan-gered species or any parts thereof for any commercial, scientific, or other purpose without obtaining a written permit from the director. (4) Commercial Permits: Only departmentally licensed nurseries and dealers of native plants may possess, propagate, or transfer ownership of a listed species for commercial purposes, provided that a commercial permit for trade in the species has been obtained from the director, and the plants originated from propagules or vegetative stock collected in the wild prior to the date the species was listed as threatened or endangered: (a) In order to obtain a commercial permit, wholesale or retail dealers must provide the department, in writing, the scientific names of any listed species they currently possess, affirming that the plants (or original stock) were obtained prior to the species being listed, indicating how many whole plants, seeds, or other parts are currently in possession, and describing, to the best of their knowledge, when and where the plants or original nursery stock for the species (seed or vegetative) was collected. Forms may be requested from the department for this purpose. Commercial permits shall extend for a maximum of two years and may be applied for at any time, with renewal applications due on or before January 15. Renewal applications must include the number of specimens of the listed species sold during the period of time covered by the previous permit; (b) Both wholesale and retail dealers must have a commercial permit to engage in propagation and sale of listed plant species. Retail dealers must have a permit prior to purchasing listed species from a wholesale outlet. Wholesale dealers are no longer responsible for any listed plants sold to retail firms once the transaction is complete and recorded in a log (including the name of the retail dealer, the species and amount of material purchased, and the date of purchase). This information should be retained for as long as the seller is in the business of commercially dealing in listed species. These records shall be made available to the department if it becomes necessary to establish legal ownership or place of origin of a particular plant; (c) A seller’s permit to possess a listed species extends to the retail buyer if sales records of listed species are maintained in a log by commercial nurseries and dealers, as described in subsection (4)(b) of this rule; (d) Plants of any listed species sold commercially (wholesale or retail) must be accompanied by a preprinted plastic pot tag indicating that the buyer is in possession of a listed species, and, in the case of retail sales, cautioning against the propagation or other distribution of the species outside the buyer’s private property without permission of the department; (e) Possession of any listed species collected or gathered for commercial purposes after the date the species was listed is a violation of these rules, unless a special exception permit is first obtained from the department. Licensed dealers obtaining a special exception permit shall adhere to all requirements described in subsections (4)(a)–(g) of this rule; (f) A licensed, commercial plant grower shall be provided with a permit to collect and propagate a listed species if the grower is contracted by the department to provide cultivated materials for use in department sponsored conservation programs; (g) Any permit holder deciding to no longer engage in commercial transactions involving listed species shall inform the department in writing prior to the permit renewal date. (5) Research Permits: Research permits for the study, propagation, import, export, transport, scientific specimen exchange (including seeds), or other non-commercial possession or taking of listed species may be issued by the director only for the purpose of conducting investigations that enhance the biological understanding, known distribution, or conditions required for the survival or recovery of listed species, or, for non-commercial propagation or transplantation activities that enhance the survival or recovery of such species. Botanical gardens, universities and colleges, and other persons engaging in scientific research are eligible to receive, possess, propagate, transplant, or take a listed species, provided that a research permit has been obtained from the director. Botanical gardens, herbaria, or other comparable, non-commercial repositories of native plant materials must include a list of all accessions of listed plant materials in their possession when applying for initial permits, and subsequently indicate any accessions of listed species added to or removed from their collections during the year preceding each renewal application. All persons applying for a permit shall provide the following information to the director, in writing, at the time of application: (a) A resume of the principal investigator with a description of any external funding sources, participating agency or institution (including a list of current staff members or other affiliated individuals to be covered by the permit); (b) The scientific name and authority of the listed species, along with a detailed project summary (or description of facilities, in the case of botanical gardens, herbaria or other repositories) and a clear statement of objectives; (c) Justification of the project, including a statement indicating what benefit it will provide in the conservation of the listed species; (d) Location(s) where the work will be conducted, and the number and specific parts of plants, or plant pollinators or other organism beneficial to the listed species, proposed to be taken (if any) from each site; (e) Anticipated duration of the proposed work; (f) Assurance that at least one voucher collection from each site where collecting is permitted will be deposited in an herbarium located at a state-supported college or university in Oregon that holds a valid permit for possessing collected specimens of listed species; (g) In the case of specific field projects, written evidence that the state agency or other landowner or manager administering the land upon which the activity involving listed species is proposed has been contacted, and that the agency, landowner, or manager has provided permission for the proposed research; (h) In the case of botanical gardens, herbaria, or other repositories of native plant materials, assurance that collectors contributing listed species to their holdings without a research permit will be informed of the need to contact the department regarding the requirements of these rules; and (i) Assurance that a final report (if project duration is less than one year) or annual written research summary will be provided to the director, and any other affected public agency specified in the permit, no later than the first day of May of each year following the calendar year during which the study or program commenced. (6) At the discretion of the director, either a research or commercial permit application (including special exception permits) may be denied, granted, or conditionally granted contingent on modification of the original application, based on the nature of the request and qualifications of the applicant. A final decision on the granting or denial of a permit shall be made within 120 days of receipt of the final application. Notification of denial shall be in writing, and shall include the reason(s) for not granting the permit. (7) Any permit granted for the purposes listed in this rule will be issued free of charge. (8) Commercial and research permits must be provided for inspection upon request by any law enforcement officer, affected public land manager, or staff member of the department when the permittee is engaged in activities authorized by the permit. (9) No commercial or research permit granted by the director shall allow or promote any activity prohibited by the federal Endangered Species Act of 1973 (PL 93-205, 16 USC § 1531) as amended, nor prohibit any activity that is authorized pursuant to exemptions or permits provided for under the federal Endangered Species Act, or any regulation issued thereunder. (10) Commercial and research permits issued by the director do not extend to the bearer the authority to study, collect, propagate, transport, import, export, purchase, sell, or otherwise take, or transplant or introduce species also listed as threatened or endangered by the federal government without written approval of the U.S. Fish and Wildlife Service and other appropriate federal agencies. (11) A permit issued by the director does not extend to the bearer the right to trespass or study, collect, propagate, transport, import, export, purchase, sell, possess, or otherwise take, or transplant or introduce listed species on lands not under state management without concurrent permission of the appropriate land owner or manager. (12) State agencies are exempt from the permit requirements described in section (5) of this rule, for management actions that are addressed under the consultation process described in OAR 603-073-0090(5). Furthermore federal agencies or their agents are not required to obtain state permits for activities described in this rule when such activities occur exclusively on federally-owned properties, or when such activities require the transport of listed plants to federal or state facilities via state or private roadways. (13) Any commercial permit issued for the purposes listed in this rule shall be valid for a period not to exceed two years, and may be renewed upon reapplication, or revoked at the discretion of the director. (14) Upon receipt of the annual research summary (see subsection (5)(i) of this rule), research permits may automatically be renewed without additional departmental paperwork when requested by the permittee, at the discretion of the director. Research permits may be cancelled if there is evidence that the original research is no longer in progress or is violating provisions of the permit. (15) Any person engaged in the study, propagation, or scientific taking of a listed species under a personal services contract with the department shall not be required to obtain a department permit for the activities specified in the contract. This exception is applicable only when provided in writing in the contract, and will not extend beyond the contract termination date. (16) For the purposes of this rule, a commercial or research permit authorized by the director may be signed by the director or assistant director of the department, or by the program leader of the subdivision of the department that administers these rules.