As used in this chapter, “department” means
“State Department of Agriculture.”
(1) It is the duty of all citizens
of this state to protect the wildflowers of this state referred to in
this section from needless destruction and waste.
(2) It shall be unlawful for any person in this state to willfully
or negligently cut, dig up, trim, pick, remove, mutilate or in any manner
injure or mar any plant, flower, shrub, bush, fruit or other vegetation
growing upon the right of way of any public highway within this state, or
upon public lands, or upon the land of another, within 500 feet of the
center of any public highway, without the written permit of the owner,
signed by the owner or the authorized agent of the owner.
(3) It shall be unlawful for any person to export from this state,
or to sell or offer for sale or transport bulbs, corms, rhizomes, roots
or plants of native wildflowers or shrubs of the state of any of the
following genera:
(a) Lilium (including all wild lilies).
(b) Calochortus (mariposa tulip or butterfly lily).
(c) Fritillaria (mission bells or snake lily).
(d) Erythronium (adder’s tongue, dog-tooth violet or avalanche
lily).
(e) Cypripedium (lady’s slipper).
(f) Calypso (purple lady’s slipper).
(g) Lewisia (bitter root).
(h) Douglasia or native Rhododendron or azalea.
(4) It shall be unlawful for any person to sell or transport or
offer for sale the bulbs, corms, rhizomes, roots or parts of any of the
plants or shrubs mentioned in subsections (2) and (3) of this section
which have been dug, pulled up or gathered upon any highway, or within
500 feet thereof, or public lands in this state, or upon the land of any
other person without written permission from the owner of such land.
(5) The provisions of this section shall not be construed to apply
to any employee of the federal government or of the State of Oregon or of
any political subdivision of the state engaged in work upon any state,
county or public road or highway while performing such work under the
supervision of the federal government, the state or any political
subdivision thereof.
(6) The provisions of this section shall not be construed to apply
to the owner of any tract or tracts of land, or to agents or employees of
the owner, as to such tract or tracts, or to any shrub, plant or other
vegetation which is declared by law to be a public nuisance.
(7) Nothing in this section shall be construed as prohibiting the
digging, pulling, gathering or sending out of this state, in such
quantity and at such times the State Department of Agriculture may
approve, any commercially propagated plants or shrubs mentioned in
subsections (2) and (3) of this section, provided the permission of the
department for so doing is first obtained. It shall be the duty of the State Department
of Agriculture and of all its officers and employees to see that the
provisions of ORS 564.020 are enforced and to present evidence of any
violation of the provisions of ORS 564.020 to the district attorney of
the county in which any such violation occurs. Such district attorney
shall prosecute any person guilty of a violation of the provisions of ORS
564.020. Such prosecution may be brought in any of the justice courts of
this state.In order to further protect native wildflowers and shrubs
from needless destruction and waste, the State Department of Agriculture
may, after investigation and public hearing and in accordance with the
provisions of ORS chapter 183, establish and amend a list of wildflowers
and shrubs in addition to those listed in ORS 564.020 (3). The provisions
of this chapter apply to such list. The department may take into
consideration:
(1) The laws and regulations of the United States and other states.
(2) The effect on the scenic beauty of public roads and public
land. [1963 c.461 §30; 1987 c.686 §17]THREATENED OR ENDANGERED PLANTS As used in ORS
564.100 to 564.135:
(1) “Department” means the State Department of Agriculture.
(2) “Director” means the Director of Agriculture.
(3) “Endangered species” means:
(a) Any native plant species determined by the department to be in
danger of extinction throughout any significant portion of its range.
(b) Any native plant species listed as an endangered species
pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16
U.S.C. 1531 et seq.), as amended.
(4) “Plant” means any member of the plant kingdom, including the
seeds, roots or parts thereof, native to this state.
(5) “Species” means any species or its subspecies or variety,
whichever is the first taxonomic subspecific category for the plant in
question.
(6) “Take” means to collect, cut, damage, destroy, dig, kill, pick,
remove or otherwise disturb.
(7) “Threatened species” means:
(a) Any native plant species the director determines by a finding
of fact is likely to become an endangered species within the foreseeable
future throughout any significant portion of its range.
(b) Any native plant species listed as a threatened species
pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16
U.S.C. 1531 et seq.), as amended. [1987 c.686 §8]The Director of Agriculture has the responsibility to protect and
conserve the native plants of this state that are threatened species or
endangered species. In carrying out that responsibility, the director:
(1) Shall conduct investigations of plant species native to this
state and 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 plant species that are threatened species or endangered
species.
(3) By rule, shall establish programs for the protection and
conservation of plant species that are threatened species or endangered
species. As used in this section, “conservation” means the use of methods
and procedures necessary to bring a species to the point at which the
measures provided under ORS 564.105 to 564.120 are no longer necessary.
Such methods and procedures include, but are not limited to, activities
associated with scientific resources management such as research, census,
law enforcement, habitat acquisition and maintenance, propagation and
transplantation.
(4) By rule, shall establish a system of permits for scientific
taking of threatened species and endangered species under such terms and
conditions as the director determines will minimize the impact on the
species taken.
(5) Shall cooperate with the State Fish and Wildlife Commission in
carrying out the provisions of ORS 496.172.
(6) Shall adopt administrative rules to carry out the provisions of
ORS 564.105 to 564.120.
(7) Shall set priorities for establishing programs under this
section after consideration of available funds and the immediacy and
seriousness of the threat to any listed species. [1987 c.686 §9](1) The lists of threatened species or
endangered species established pursuant to ORS 564.105 (2) initially
shall include those species listed as of May 15, 1987, as a threatened
species or an endangered species pursuant to the federal Endangered
Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et seq.), as amended.
(2) The Director of Agriculture, by rule, may add or remove any
plant species from either list, or change the status of any species on
the lists, upon a determination that the species is or is not a
threatened species or an endangered species.
(3) A determination that a species is a threatened species or an
endangered species shall be based on documented and verifiable scientific
information about the species’ biological status. To list a species as a
threatened species or an endangered species under ORS 564.100 to 564.130,
the director shall determine that the natural reproductive potential of
the species is in danger of failure due to limited population numbers,
disease, predation or other natural or man-made factors affecting its
continued existence. In addition, the director shall determine that one
or more of the following factors exist:
(a) That most populations are undergoing imminent or active
deterioration of their range or primary habitat;
(b) That overutilization for commercial, recreational, scientific
or educational purposes is occurring or is likely to occur; or
(c) That existing state or federal programs or regulations are
inadequate to protect the species or its habitat.
(4) Determinations required by subsection (3) of this section shall
be made on the basis of the best scientific and other data available to
the State Department of Agriculture, after consultation with federal
agencies, other interested state agencies, the Natural Heritage Advisory
Council, other states having a common interest in the species and
interested persons and organizations.
(5)(a) Any person may petition the department to, by rule, add,
remove or change the status of a species on the list.
(b) A petition shall clearly indicate the action sought and shall
include documented scientific information about the species’ biological
status to justify the requested action.
(c) Within 90 days of receipt of a petition, the department shall
respond in writing to the petitioner indicating whether the petition
presents substantial scientific information to warrant the action
requested.
(d) If the petition is found to present such information, the
department shall commence rulemaking.
(e) If the petition is denied, the petitioner may seek judicial
review as provided in ORS 183.484.
(6)(a) Notwithstanding subsections (1) to (5) of this section, the
department shall take emergency action to add a species to the list of
threatened species or endangered species if it determines there is a
significant threat to the continued existence of the species.
(b) The department shall publish notice of such addition in the
Secretary of State’s bulletin and shall mail notice to affected or
interested persons whose names are included on the department’s mailing
list for such purposes.
(c) Such emergency addition shall take effect immediately upon
publication in the Secretary of State’s bulletin and shall remain valid
for a period no longer than one year, unless during the one-year period
the department completes rulemaking procedures as provided in subsections
(1) to (4) of this section.
(7)(a) The director shall periodically review the status of all
threatened and endangered plant species listed under ORS 496.004, 496.171
to 496.192, 498.026, 564.040 and 564.100 to 564.135.
(b) Each species shall be reviewed at least once every five years
to determine whether substantial, documented scientific information
exists to justify its reclassification or removal from the list,
according to the criteria listed under subsection (3) of this section.
(c) If a determination is made to reclassify a species or remove it
from the list, the department, within 90 days, shall commence rulemaking
to change the status of the species. [1987 c.686 §10; 1999 c.59 §177;
2003 c.14 §350](1) In developing protection and conservation programs
pursuant to ORS 564.105 (3), the State Department of Agriculture shall
consult with other states having a common interest in particular
threatened species or endangered species and with other affected state
agencies.
(2) In furtherance of programs to conserve or protect threatened
species or endangered species under ORS 564.105 to 564.115, state
agencies shall consult and cooperate with the department and any other
state agency that has established programs to conserve or protect
threatened species or endangered species. Before a state agency takes,
authorizes or provides direct financial assistance to any activity on
land owned or leased by the state, or for which the state holds a
recorded easement, the state agency, in consultation with the department,
shall:
(a) Determine that the action on land owned or leased by the state
or for which the state holds a recorded easement is consistent with a
program established by the department pursuant to ORS 564.105 (3); or
(b) If no program has been established for the listed species,
determine whether such action has the potential to appreciably reduce the
likelihood of the survival or recovery of any species of plant that is
threatened or endangered.
(3) If a state agency determines that a proposed action on land
owned or leased by the state, or for which the state holds a recorded
easement, has the potential to appreciably reduce the likelihood of the
survival or recovery of any species that is a threatened species or an
endangered species, it shall notify the department. Within 90 days, the
department shall recommend reasonable and prudent alternatives, if any,
to the proposed action which are consistent with conserving and
protecting the affected species.
(4) If a state agency fails to adopt the alternatives identified
under subsection (3) of this section, after consultation with the
department, it shall make findings to demonstrate that:
(a) The potential public benefits of the proposed action outweigh
the potential harm from failure to adopt the alternatives; 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.
(5) When an action under this section is initiated by a person
other than a state agency, the agency shall provide final approval or
denial of the proposed action within 120 days of receipt of a written
request for final determination.
(6) An action initiated by a person other than a state agency that
has met the standards or mitigation requirements of a federal agency for
a particular species under the federal Endangered Species Act of 1973
(P.L. 93-205, 16 U.S.C. 1531 et seq.), as amended, shall be deemed to
meet the requirements of ORS 564.100 to 564.130.
(7) The provisions of this section do not apply to lands acquired
through foreclosures of loans made pursuant to programs of the Department
of Veterans’ Affairs. [1987 c.686 §11](1) Except as otherwise provided pursuant to
ORS 564.105, no person shall take, import, export, transport, purchase or
sell, or attempt to take, import, export, transport, purchase or sell any
threatened species or endangered species.
(2) No person shall take or attempt to take any threatened species
or endangered species without first having obtained permission from the
person who owns or leases the land upon which the species is growing.
When land is owned by the State of Oregon and leased for private use,
permission to take or attempt to take a threatened species or endangered
species must first be obtained from the Director of Agriculture. [1987
c.686 §12]The Director of Agriculture is authorized, on behalf of the
State of Oregon, to acquire habitat, or interests therein, the State
Department of Agriculture considers necessary for the protection of
threatened species or endangered species. Acquisition may be by gift,
grant, devise, purchase, exchange or any other method by which the
department is authorized to acquire real property. [1987 c.686 §14](1) Notwithstanding ORS 192.410 to
192.505, the director of the appropriate agency may hold confidential,
and refuse to disclose, information concerning the location of a
threatened or endangered wildlife or plant species upon a determination
that, based on prior experience, unlawful taking is likely to occur if
the location is disclosed.
(2) In no instance shall the director of the appropriate agency
refuse to disclose information concerning the location of a threatened or
endangered wildlife or plant species to the owner of lands on which the
species is known to exist. [1987 c.686 §15](1) Nothing in ORS 564.100 to 564.130 is intended,
by itself, to require an owner of any commercial forestland or other
private land to take action to protect a threatened species or endangered
species, or to impose additional requirements or restrictions on the use
of private land.
(2) Notwithstanding any other provision of law, nothing in ORS
496.004, 496.171 to 496.192, 498.026, 564.040 and 564.100 to 564.135 or
ORS 527.610 to 527.770 and 527.992 shall be interpreted to require
protection of a species listed under ORS 564.100 to 564.130 or its
habitat on private forestland.
(3) The existence of a species listed under ORS 564.100 to 564.130
on privately owned forestland shall not require protection of its habitat
as a biological site under ORS 527.610 to 527.770 and 527.992. However,
if other elements exist that qualify such habitat as a biological site,
such habitat may be protected as a biological site under ORS 527.610 to
527.770 and 527.992.
(4) Species listed under ORS 564.100 to 564.130 may be subject to
protection under ORS chapters 195, 196 and 197 provided that the full
process of inventory and analysis required by any open spaces, scenic and
historic areas and natural resources goal is fulfilled and included in
any acknowledged land use plan or amendment. [1987 c.686 §16]PENALTIESSubject to ORS 153.022, violation of this
chapter and regulations authorized by ORS 564.040 is a Class A violation.
[1963 c.461 §31; 1999 c.1051 §200] Violation of ORS
564.120 is a Class A misdemeanor. [1987 c.686 §13]
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