OAR 635-100-0130: Requirement for Survival Guidelines

For threatened species listed in OAR 635-100-0125 after 1995 (enactment of ORS 496.182(2)) and, in the absence of an approved endangered species management plan as provided in OAR 635-100-0140, the following requirements apply: (1) Before a state agency takes, authorizes, or provides direct financial assistance for any action on land owned or leased by the state, or for which the state holds a recorded easement, the state agency shall consult with the department to determine whether the action is consistent with the survival guidelines established by the commission pursuant to ORS 496.182(2) and OAR 635-100-0105(9) and listed in 635-100-0135; (2) The agency shall notify the department in the event it is determined the proposed action has the potential to violate the survival guidelines. 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. (3) If a state agency fails to adopt the recommendations made by the department under section (2) of this rule, it shall consult with the department and demonstrate in writing 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.