OAR 629-680-0200: Process for Board Listing and De-listing Species that Use Sensitive Bird Nesting, Roosting, and Watering Sites

(1) The department, a person, an organization or other agency may propose listing species that use sensitive bird nesting, roosting and watering sites. The following process shall be used when the Board considers listing a species: (a) The Board’s evaluation of each species shall be based on the best available information. This information must be summarized in a technical review paper and may be supported by other written information. The technical review paper must be submitted by those proposing the species for listing. Others also may submit technical review papers for the Board’s consideration. Technical review papers must include: (A) The biology of the species. This should include the life history, population status and trends, and identification of the resource site; (B) The best available information on the number of resource sites of the species on private and public lands in Oregon; (C) An evaluation of how the resource sites used by the species meet the criteria in OAR 629-680-0210; (D) An identification of forest practices that conflict with the resource site; (E) An evaluation of the biological consequences of the identified conflicts; (F) The proposed protection requirements for the resource site; (G) The proposed exception criteria for the resource site. (b) The State Forester shall review all technical papers 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 the review to the Board; (c) The Board shall review and accept, reject or modify the information presented in subsections (1)(a) and (b) of this rule. Using the process set out in OAR 629-680-0220, the Board shall use this information to identify forest practice conflicts and consequences and to set appropriate protection for the resource site; (d) The Board shall accept or reject the species as using sensitive bird nesting, roosting, or watering sites based on the criteria listed in OAR 629-680-0210. A species accepted by the Board must be a native species that requires site-specific protection in order to assure the continuation of the species throughout its natural range; (e) Accepted species shall be listed in OAR 629-665-0100 by the Board. The State Forester shall develop an inventory of resource sites used by the species. (2) The department, a person, an organization or other agency may propose de-listing species that use sensitive bird nesting, roosting, or watering sites. The following process shall be used when the Board considers de-listing a species: (a) The Board’s evaluation of a proposal to de-list a species shall be based on the best available information. This information must be summarized in a technical review paper and may be supported by other written information. The technical review paper must be submitted by those proposing the species for de-listing. Others also may submit technical review papers for the Board’s consideration. Technical review papers must include: (A) The biology of the species. This should include the life history, population status and trends, the critical period of use of a resource site by the species, and identification of the resource site; (B) The best available information on the number of resource sites of the species on private and public lands in Oregon; (C) An evaluation of how the species fails to meet the criteria in OAR 629-680-0210. (b) The State Forester shall review all technical papers submitted under subsection (2)(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 the review to the Board; (c) The Board shall review and accept, reject or modify the information presented in subsections (2)(a) and (b) of this rule. Based on this information the Board shall remove species not meeting the criteria in OAR 629-680-0210 from the list. The State Forester shall remove resource sites of de-listed species from the inventory.