2017 ORS 496.172¹
Commission management authority for threatened or endangered species
  • rules

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 Commission:

(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.

(2) By rule, shall establish and publish, and from time to time may revise, a list of wildlife species that are threatened species or endangered species. Listed threatened species or endangered species shall be protected as provided in ORS 496.182 (Protection and conservation programs).

(3) 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 (Protection and conservation programs) (8).

(4) 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 recognized by the state as a waiver of any state protection measures or requirements otherwise applicable to the actions allowed under the federal permit.

(5) Shall cooperate with the State Department of Agriculture in carrying out the provisions of ORS 564.105 (Responsibility to protect and conserve native plants).

(6) Shall adopt administrative rules to carry out the provisions of ORS 496.171 (Definitions for ORS 496.171 to 496.182) to 496.182 (Protection and conservation programs) and 498.026 (Transaction in threatened or endangered wildlife species prohibited). [1987 c.686 §3; 1995 c.590 §3]

Notes of Decisions

State­ment issued by federal agency is incidental take state­ment and must be issued to federal agency whose ac­tions may impact federally listed species, not letter written by federal agency to plaintiffs about potential consequence of plaintiffs’ ac­tions. Bradley v. Dept. of Forestry, 262 Or App 78, 324 P3d 504 (2014), Sup Ct review denied

Atty. Gen. Opinions

Responsibility of Fish and Wildlife Commission under Endangered Species Act when declaring fishing season, (1995) Vol 47, p 232

Chapter 496

Notes of Decisions

Fish and Wildlife Commission has statutory authority to provide by rule for is suance of special ceremonial hunting permits for specific tribes that are not otherwise allowed under hunting and fishing agree­ment between federal and state govern­ments and that tribe. Confederated Tribes of Siletz Indians of Oregon v. Depart­ment of Fish and Wildlife, 244 Or App 535, 260 P3d 705 (2011)

Atty. Gen. Opinions

Commission authority to restrict use of boat ramp it locates on state land, (1971) Vol 35, p 900

1 Legislative Counsel Committee, CHAPTER 496—Application, Administration and Enforcement of Wildlife Laws, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors496.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 496, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano496.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.