(a) If a person applies for a permit, license, authorization or other form of permission required by law from a state agency for a proposed action that may affect core area habitat of sage grouse, the person may file with the State Department of Fish and Wildlife, at any time before or after the commencement of the relevant permitting, licensing, authorization or other form of permission process, a report that uses the best scientific and commercial data available to provide a description of the proposed action and its possible effects on the habitat.
(b) The report described in this section must describe the core area habitat of sage grouse affected by the proposed action, specify whether the habitat is essential and irreplaceable and provide proposals for off-site mitigation or a mitigation bank.
(c)(A) Within 60 days after the filing of the report described in this section, the department shall evaluate whether the proposals specified in the report result in a net loss of either the quality or quantity of sage grouse habitat and provide a net benefit to the quality or quantity of sage grouse habitat.
(B)(i) If the department concludes that the proposals specified in the report do not result in a net loss of either the quality or quantity of sage grouse habitat and do provide a net benefit to the quality or quantity of sage grouse habitat, the department shall issue an order finding that the core area habitat of sage grouse affected by the proposed action is not irreplaceable. The department may not thereafter reverse or modify the order except pursuant to a judgment of a court.
(ii) If the department concludes that the proposals specified in the report result in a net loss of either the quality or quantity of sage grouse habitat and do not provide a net benefit to the quality or quantity of sage grouse habitat, a person affected by the action may request a contested case hearing before the State Fish and Wildlife Commission, to be conducted as provided in ORS chapter 183.
(2) The provisions of this section apply to a site certificate for an energy facility described in ORS 469.300 (11)(a)(F), but do not apply to a site certificate for any other facility under the provisions of ORS 469.300 to 469.563.
(3) The commission may adopt rules to carry out the provisions of this section. [2013 c.710 §2]
Note: See note under 498.500.
Structure 2021 Oregon Revised Statutes
Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 498 - Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures
Section 498.016 - Taking crippled or helpless wildlife.
Section 498.018 - Commercial cervid attractants.
Section 498.021 - Short title.
Section 498.026 - Transaction in threatened or endangered wildlife species prohibited.
Section 498.029 - Purchase, sale or exchange of fox, skunk or raccoon prohibited; exceptions.
Section 498.042 - Removal of parts of wildlife and waste of wildlife prohibited.
Section 498.048 - Devices propelling cyanide.
Section 498.102 - Use of dogs to hunt or track game mammals or birds.
Section 498.120 - Hunting on another’s cultivated or enclosed land.
Section 498.128 - Use of drones for pursuit of wildlife prohibited; rules.
Section 498.136 - Hunting from motor-propelled vehicle restricted; rules.
Section 498.142 - Hunting with artificial light restricted; rules.
Section 498.152 - Agreements restricting parking or use of motor vehicles on certain lands.
Section 498.154 - Notice adequate to charge defendant; delivery or posting.
Section 498.158 - Hunting or trapping wildlife in certain governmental districts restricted.
Section 498.166 - Bears or cougars posing threat to human safety.
Section 498.170 - Hunters who have a visual impairment.
Section 498.172 - Trap check requirements.
Section 498.182 - Knowingly allowing feral swine to roam on certain lands prohibited; rules.
Section 498.208 - Use of electricity or foreign substances to take game fish prohibited; rules.
Section 498.228 - Possession of fish taken outside state restricted.
Section 498.242 - Possession of walking catfish and piranha restricted.
Section 498.247 - Protection of juvenile salmonids from cormorants.
Section 498.257 - Prohibition on possession, sale, trade or distribution of shark fins; exceptions.
Section 498.279 - Black bass and walleye angling contests; rules.
Section 498.286 - Prize limitation.
Section 498.306 - Screening or by-pass devices for water diversions; fees; costs.
Section 498.321 - Screening or by-pass standards.
Section 498.326 - Department guidelines for screening and by-pass projects; expenditure of funds.
Section 498.400 - Definitions for ORS 498.400 to 498.464.
Section 498.418 - License application; form; fee.
Section 498.438 - Investigatory power of commission over outdoor clubs required to be licensed.
Section 498.452 - Grounds for denial or revocation of license.
Section 498.464 - Commission authority to restrain violations of outdoor club laws.
Section 498.500 - Mitigation of adverse effects on core area habitat; policy.
Section 498.502 - Actions that affect core area habitat; reports; orders; rules.
Section 498.504 - Sage Grouse Mitigation Program In-Lieu Fee Fund.
Section 498.825 - Oregon Hatchery Research Center Board.
Section 498.827 - Duties of Oregon Hatchery Research Center Board.
Section 498.829 - Officers; quorum; meetings.
Section 498.831 - Oregon Hatchery Research Center; activities.
Section 498.833 - Oregon Hatchery Research Center; director.
Section 498.850 - Disposition of hatchery-produced fish carcasses; rules.