Oregon HB 3072: Relating to habitat designations on private property.

Bill Text

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
82nd OREGON LEGISLATIVE ASSEMBLY--2023 Regular Session
House Bill 3072
Sponsored by Representative LEVY B, Senator HANSELL; Representatives CATE, SCHARF, WRIGHT, Senator
THATCHER
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.
Prohibits State Fish and Wildlife Commission from designating private property as essential,
important, probable or possible habitat without verifiable evidence of sensitive species, threatened
species or endangered species on property.
A BILL FOR AN ACT
Relating to habitat designations on private property; amending ORS 496.171 and 496.172.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 496.171 is amended to read:
496.171. Notwithstanding ORS 496.004, with respect to state agency actions taken under ORS
496.171 to 496.182 after July 17, 1995, as used in ORS 496.171 to 496.182:
(1) “Commission” means the State Fish and Wildlife Commission created by ORS 496.090.
[(1)] (2) “Conservation” means the use of methods and procedures necessary to bring a species
to the point at which the measures provided under ORS 496.171 to 496.182 are no longer necessary.
Such methods and procedures include, but are not limited to, activities associated with scientific
resource management such as research, census taking, law enforcement, habitat acquisition and
maintenance, propagation and transplantation.
(3) “Essential habitat” has the meaning given that term by the commission by rule.
(4) “Important habitat” has the meaning given that term by the commission by rule.
[(2)] (5) “Native” means indigenous to Oregon, not introduced.
(6) “Possible habitat” means habitat designated by rule by the commission as having low
potential to become either essential habitat or important habitat.
(7) “Probable habitat” means habitat designated by rule by the commission as having
high potential to become either essential habitat or important habitat.
(8) “Sensitive species” has the meaning given that term by the commission by rule.
[(3)] (9) “Species” means any group or population of wildlife that interbreeds and is substantially
reproductively isolated.
[(4)] (10) “Verifiable” means scientific information reviewed by a scientific peer review panel
of outside experts who do not otherwise have a vested interest in the process.
SECTION 2. 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 Commis-
sion:
(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.
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 3613

HB 3072
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
(2) By rule, shall establish and publish, and from time to time may revise, a list of wildlife spe-
cies that are threatened species or endangered species. Listed threatened species or endangered
species shall be protected as provided in ORS 496.182.
(3) May not designate private property as essential habitat, important habitat, probable
habitat or possible habitat without verifiable evidence demonstrating the presence of a sen-
sitive species, threatened species or an endangered species on the private property.
[(3)] (4) 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)] (5) 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, shall be re-
cognized by the state as a waiver of any state protection measures or requirements otherwise ap-
plicable to the actions allowed under the federal permit.
[(5)] (6) Shall cooperate with the State Department of Agriculture in carrying out the provisions
of ORS 564.105.
[(6)] (7) Shall adopt administrative rules to carry out the provisions of ORS 496.171 to 496.182
and 498.026.
[2]