1. (1) Upon a request pursuant to OAR 635-056-0130(3)(b), the director may classify a species as Noncontrolled if the director determines, based upon scientific information, that the species presents a low risk of harm to native wildlife. In evaluating the risk, the director shall determine the relative risk (high, medium, low, unknown) for each of the following criteria:

   1. (a) Whether the species' natural range and habitat is similar to Oregon's climate and habitat;
   2. (b) Whether the species has an invasive history;
   3. (c) Whether the species can survive in Oregon;
   4. (d) Whether the species has the potential to prey upon native wildlife;
   5. (e) Whether the species can potentially degrade the habitat of native wildlife;
   6. (f) Whether the species has the potential to pass disease or parasites to native wildlife;
   7. (g) What types of disease or parasites could be passed on to native wildlife;
   8. (h) Whether the species has the potential to compete for food, water, shelter, or space with native wildlife;
   9. (i) Whether the species has the potential to hybridize with native wildlife; and
   10. (j) Whether the species can be readily distinguished from a native species, or a prohibited or controlled species.
   11. (k) How is the species categorized in “The IUCN Red List of Threatened Species?
   12. (l) Is the species commercially propagated? Unknown, rarely, moderate, common
2. (2) If the director determines that the risk for all of the above criteria is low, or that the risk for one of the criterion is medium and the risk for the remaining criteria is low, then the director may classify the species as Noncontrolled. If the director determines that the risk for any of the criteria is high or unknown, or that the risk for two or more of the criteria is medium, the director shall refer the petition to the commission for a decision.
3. (3) The director shall notify the petitioner in writing of any decision and the rationale for that decision. If the petitioner or an affected person disagrees with the director's decision to list a species as Noncontrolled, the person may request the commission to review the director's decision.
4. (4) The director shall maintain a list of those species classified as Noncontrolled, and shall make the list available to the public.

Statutory/Other Authority

ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Statutes/Other Implemented

ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

History

DFW 152-2017, amend filed 12/19/2017, effective 01/01/2018
DFW 90-2017(Temp), f. & cert. ef. 7-14-17 thru 12-31-17
DFW 131-2014, f. & cert. ef. 9-11-14
DFW 20-2014, f. & cert. ef. 3-11-14
DFW 79-2000, f. & cert. ef. 12-22-00
FWC 59-1997, f. & cert. ef. 9-3-97
FWC 69-1996, f. & cert. ef. 12-20-96