The state's population density is 31 people per square mile. The overall risk to ecosystems is considered high. Population density has increased 11 percent since 1982. The amount of developed land increased 17 percent between 1982 and 1992. More than 99 percent of native grasslands and prairies have been lost since European settlement. Ninety-six percent of the original coastal temperate rainforests have been logged. The state has 32 federally listed threatened and endangered species.
Biological Diversity Policy
Oregon does not have a formal biodiversity policy. However, it has several related policies. By statute, state policy is to manage wildlife to prevent the serious depletion of indigenous species. (Or. Rev. Stat. 496.012) The Wildlife Diversity Plan is a five-year blueprint for the protection and management of all animal species in the state. (Or. Admin. R. 635-100-001 et seq.) In addition, the state's policy is to encourage forest practices consistent with fish and wildlife resources. (Or. Rev. Stat. 527.610-.770. .990(1), .992) Finally, state law provides that "the protection, conservation and best use of the water resources of the state are matters of the utmost public concern." Instream flow legislation is designed to protect these water resources. (Or. Rev. Stat. 536.310)
Status of Biodiversity Science
Oregon has a coordinated assessment system. The Oregon Biodiversity Project will identify areas of special significance using GAP, Heritage, and other data. The goal of the project is to develop a statewide strategy for conserving Oregon's biodiversity. Funding and support comes primarily from the federal government and private sector, with technical support provided by state agencies, universities, industry and conservation interests. In addition, the Oregon Species Information System is a database containing all animal species in the state. Finally, NatureMapping is a biodiversity data collection project that will establish a framework for reporting wildlife and habitat observations.
Endangered Species
Oregon has endangered species provisions that protect native vertebrates and plants on state lands only. (Or. Rev. Stat. 496.172 to .192; 498.026; 564.100 to .135) However, the state's Forest Practices Act requires consideration of the impacts of forest practices on threatened and endangered species. (Or. Rev. Stat. 527.610) Listings under the endangered species provisions are based on verifiable peer-reviewed science. The provisions do not require recovery actions, critical habitat designation or agency consultation. Penalties include fines of not more than $500 and a misdemeanor citation.
State Agency Management for Biodiversity
State-owned Lands
Oregon natural resource agencies are not required to plan and manage their lands in a biologically sustainable manner. However, several agencies address wildlife and habitat concerns in their planning and management. For example, the Division of State Lands assesses wetland quality for use in preparing wetland conservation plans. The Division also completed a proposed asset management plan covering the care and management of land, waterways and minerals entrusted to the State Land Board.
Cooperative Efforts
Several cooperative efforts exist to improve land management across ownership boundaries. The Watershed Health Program brings together 14 state agencies, along with local watershed councils, to restore watersheds across ownership boundaries. A program entitled Coordinated Resource Management Planning uses a process by which resource owners, managers and users formulate and implement plans for the management of all major resources within a specific area. The Oregon Biodiversity Project is a collaborative effort among federal and state resource agcncies, private industry representatives, landowners, conservation organizations, schools and universities. Finally, the state is a member of the Wildlife Violator Compact. (Or. Rev. Stat. 496.750)
State Agency Training
Oregon has no identified programs of agency personnel training for biodiversity.
Impact Assessment
Oregon does not have a "little NEPA." However, the state has several other requirements scattered throughout the Land Use Planning Act, the Forest Practices Act, and the Territorial Sea Management Plan.
Habitat Acquisition
Oregon has some programs for habitat acquisition, but these lack significant funding. The Oregon Wildlife Diversity Plan provides directives for habitat acquisition, but has no money for purchases. A Habitat Conservation Trust Fund is for the purpose of acquiring native ecosystems and fish and wildlife habitat. (Or. Rev. Stat. 273.563-.591) The State Wildlife Fund, containing in part monies from the sale of upland bird stamps, can be used for habitat acquisition. (Or. Rev. Stat. 496.300) The Nongame Wildlife Fund, consisting of gifts, grants, donations and some state treasury money, is used to preserve nongame wildlife habitat. (Or. Rev. Stat. 496.385, .390)
Private Land Conservation
Oregon has several programs for private land conservation. The Natural Heritage Program protects natural areas through the voluntary cooperation of private landowners and public land managers. (Or. Rev. Stat. 273.563-.591) Lands designated as natural areas receive a property tax exemption. Conservation easements are authorized by statute, and property subject to the easement is assessed based on the reduction in value of the property. (Or. Rev. Stat. 307.550) The state can enter into agreements with landowners restricting the operation of motor vehicles on lands that damage wildlife or habitat. (Or. Rev. Stat. 498.152)
Exotic Species
Oregon has several laws designed to control the introduction and spread of exotic species. These laws are administered by the Department of Agriculture, and require permits for the import, export and keeping of exotic animals, plants and insects. (Or. Admin. R. 603-11-700, 381, -382) However, the definition of an exotic animal is limited to mammals such as lions, primates, wolves and bears. (Or. Rev. Stat. 609.305) Violations constitute a misdemeanor and can result in a jail sentence or fine and forfeiture of the animal. (Or. Rev. Stat. 609.990.992)
Predator or Animal Damage Control Activities
Oregon's animal damage control program is operated in conjunction with the federal government. (Or. Rev. Stat. 610.002-.990) Day-to-day operations are run by the federal agency, although the state has considerable input and manages resident species. In addition, the state authorizes methods such as poisoning, trapping and other measures. (Or. Rev. Stat. 610.035. 480.124, 610.105) No limitations are placed on the times, places or amounts for the taking of predatory animals. (Or. Rev. Stat. 496.162)
Additional Legal Protections for Biodiversity
No constitutional or common law protections were identified by the research.
Related Issues
Oregon has some programs of public education for biodiversity. For instance, NatureMapping involves citizens in collecting wildlife data. The program functions as the public education and outreach component of the Oregon Biodiversity Project. The state also has several programs that focus on habitats and ecosystem management. Examples include the Naturescaping program, which develops backyard sites as wildlife habitat and the Wildlife Stewards program, in which volunteers are trained in ecosystem theories and practices. In addition, the state participates in Project WILD and published its first wildlife guide in 1988, which was revised in 1994.
Oregon has a statewide land use planning program entitled the Land Use Planning Act. (Or. Rev. Stat. 197.005-.860) The act requires counties to prepare comprehensive land use plans that include consideration of wildlife habitat, open space needs and consideration of ecologically significant natural areas.
Oregon does not have a takings law. A bill was introduced into the 1995 legislative session and passed by both the House and Senate, but was vetoed by the Governor, who was concerned about the bill's impact on the state's land use system. The bill would have exempted landowners from new environmental rules that would reduce the value of their property by 10 percent or more than $10,000.
Contacts:
Department of Agriculture
Natural Resourccs Division
635 Capitol St. NE
Salem, OR 97310-0110
503-378-3810
Department of Fish and Wildlife
2501 SW 1st Ave
Portland, OR 97201
503-229-5410
Oregon Department of Forestry
2600 State St.
Salem, OR 97310-1336
503-945-7200
Oregon Parks and Recreation Department
1115 Commercial St NE.
Salem, OR 97310-1001
503-378-6305
State Extension Services
Oregon State University
Corvalis, OR 97331
503-737-2713
Oregon ADC State Director
2600 SE 98th
Suite 110
Portland, OR 97266
503-231-6184
Oregon Natural Heritage Program
Oregon Field Office
1205 NW 25th Avenue
Portland, OR 97210
503-229-5078
New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu