Oregon State Biological Resource Considerations (12-OR-a)
Oregon maintains a list of state-specific sensitive and endangered species. This list must be considered by the developer.If the species that will be impacted by the project is on the federal endangered species list, then the commission will not issue an incidental take permit.
State Biological Resource Considerations Process
12-OR-a.1 to 12-OR-a.2 – Will the Project Likely Take a State Listed Species?
"Take" is specifically defined as "means to kill or obtain possession or control of any species on the state list." Oregon Administrative Rules 635-100-0100(14).
The commission may add any species to the list in accordance with these rules:
- To list a species as endangered, the commission must determine that the species is native to Oregon and it is in danger of extinction throughout any significant portion of its range within the state; and
- To list a species as threatened, the commission must determine that the species is native to Oregon and it is likely to become an endangered species within the foreseeable future throughout any significant portion of its range within the state. OAR 635-100-0105(2)(b).
12-OR-a.3 – Application for an Incidental Take Permit
The developer must submit an application and provide the information required on the formed provided by the department.
12-OR-a.4 – Is the Application Approved?
The commission may issue a permit for the incidental take of a state-listed threatened or endangered species if it determines that such take will not adversely impact the long-term conservation of the species or its habitat.
If the application is not approved, the commission will work closely with the developer to rectify any problems. The commission will suggest modifications to the take permit application if the impact would be especially severe to a state listed species.
12-OR-a.5 – Incidental Take Permit
The commission may issue the permit under any terms, conditions and time periods necessary to minimize the impact on the species or its habitat. A permit may be issued for individuals of more than one state-listed species.
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