OAR 635-100-0110: Procedure for Listing Threatened and Endangered Species

(1) Any person may petition the commission to list, reclassify or remove wildlife species on the state list. The petition shall be in writing and shall include the following information: (a) The action sought; and (b) Documented scientific evidence about the species’ biological status to support the requested action. (2) The documented scientific evidence under subsection (1)(b) of this rule shall include the following: (a) Common and scientific names of the species and any taxonomic problems or questions; (b) A discussion of the existence, or lack thereof, of past, present or threatened destruction, modification or curtailment of the species’ habitat or geographical distribution, describing and documenting: (A) Threats, or lack thereof, to the species’ habitat and distribution; (B) The species’ historical and presently known distribution; (C) Any changes in habitat and reasons for such changes, such as overutilization for commercial, recreational, scientific or educational purposes, if known; (D) Any land use practices adversely or positively affecting the species’ habitat; and (E) Measures that have been or could be taken to alleviate a reduction in habitat of the species. (c) A discussion of the existence, or lack thereof, of present or threatened danger or failure of the natural reproductive potential of the species including: (A) The species’ present population status; (B) Any changes in population, and the reasons for such changes, such as disease, predation, or overutilization of the species or its habitat, if any, for commercial, recreational, scientific or educational purposes, if known; (C) Any land use practices adversely or positively impacting or having impacted the species; (D) Measures that have been or could be taken to alleviate a reduction in population of the species; (E) A discussion of other natural or human-related factors affecting the continued existence of the species, including: (i) Climatic, successional, reproductive, genetic or other factors such as competition with an introduced species affecting the species existence; (ii) The effects of environmental pollution and other human-related factors on the continued existence of the species; and (iii) The relative impact of human actions on the continued existence of the species, as compared to nonhuman impacts. (3) Any petition submitted under subsection (1) of this rule shall be acknowledged by the department in writing within ten (10) working days of receipt. (4) Within 90 days of receipt of the petition, the commission shall advise the petitioner, in writing, whether the petition presents substantial scientific evidence to justify proceeding with the requested action. (5) In determining whether the petition presents substantial scientific information to justify proceeding with the requested action, the commission may consult with the following: (a) Affected state and federal agencies; (b) Affected cities or counties; (c) Affected federally recognized Indian tribes; (d) Other interested state agencies; (e) The Natural Heritage Advisory Council; (f) Other states having a common interest in the species; or (g) Interested person with expertise on the wildlife species involved in the petition. (6) If the petition is found to present substantial scientific information to justify proceeding with the requested action, the commission shall commence the process of rulemaking using the criteria set forth in OAR 635-100-0105 (Criteria for Listing), 635-100-0111 (Reclassifying Species), or 635-100-0112 (Removing Species from the State List), whichever is appropriate. (7) If, during the rulemaking process, the commission subsequently determines that the proposed action does not meet the criteria set forth in the appropriate rule provision, the commission shall so advise the petitioner in writing within ten (10) working days of that denial, and shall provide the basis for the commission’s decision. (8) Unless the commission extends the time period as provided in this section, a final determination on the action requested in the petition shall be made by the commission within a period not to exceed one (1) year from the date of receipt of the petition. The commission may extend the time period within which to make a decision on a petition for up to 12 additional months, if the commission determines that the information available to the department and the commission is limited or other appropriate circumstances require the extension of time. If it extends the time period for decision making, the commission shall notify the petitioner in writing. (9) If the petition is found not to present substantial scientific information to justify proceeding with the requested action, or if the commission, during the rulemaking process, denies the petition, the petitioner may seek judicial review of the commission’s written decision as provided in ORS 183.484.