Oregon Revised Statutes

Chapter 564 — Wildflowers; Threatened or Endangered Plants

16 sections

564.010 Definition

As used in this chapter, “department” means “State Department of Agriculture.” WILDFLOWERS

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. 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…

564.030 Enforcement

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 o…

564.040 Department list of additional protected wildflowers

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 cha…

564.100 Definitions for ORS 564.100 to 564.135

As used in ORS 564.100 to 564.135: “Department” means the State Department of Agriculture. “Director” means the Director of Agriculture. “Endangered species” means: Any native plant species determined by the department to be in danger of extinction throughout any significant portion of its range. Any native plant species listed as an endangered species …

564.105 Responsibility to protect and conserve native plants; rules

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: Shall conduct investigations of plant species native to this state and determine whether any such species is a threatened species or an endangered spe…

564.110 Listing threatened or endangered species; rules

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. The Director of Agriculture, by rule, may add…

564.115 Protection and conservation programs; action by state agencies; alternatives; findings required if agency fails to adopt alternatives

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. In furtherance of programs to conserve or protect threatened species or endangered species …

564.120 Transactions in threatened or endangered species; restrictions; prohibition

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. No person shall take or attempt to take any threatened species or endangered species without first having obtained permission fr…

564.125 Director of Agriculture authority to acquire plant habitat

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 t…

564.130 Confidentiality of information regarding threatened or endangered species; circumstances

Notwithstanding ORS 192.311 to 192.478, 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. In no instance shall t…

564.135 Effect of law on commercial forestland or private land; effect on other laws

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. Notwithstanding any other provision of law, nothing in ORS 496.004, 496.171 to …