16 sections in this chapter.
ORS 564.010 Definition. As used in this chapter, “department” means “State Department of Agriculture.”
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WILDFLOWERS
ORS 564.020 Wildflower protection. (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
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(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 sta…
ORS 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 of a violation of the provisions of ORS 564.020. Such prosecution may be brought in any of the justice courts of this state
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[Repealed or reserved.]
ORS 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 chapter apply to such list. The department may take into consideration
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(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
ORS 564.100 Definitions for ORS 564.100 to 564.135. As used in ORS 564.100 to 564.135
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(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. (…
ORS 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
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(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 …
ORS 564.110 Listing threatened or endangered species; rules. (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
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(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 i…
ORS 564.115 Protection and conservation programs; action by state agencies; alternatives; findings required if agency fails to adopt alternatives. (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
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(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 s…
ORS 564.120 Transactions in threatened or endangered species; restrictions; prohibition. (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
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(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, p…
ORS 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 to acquire real property. [1987 c.686 §14]
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[Repealed or reserved.]
ORS 564.130 Confidentiality of information regarding threatened or endangered species; circumstances. (1) 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
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(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]
ORS 564.135 Effect of law on commercial forestland or private land; effect on other laws. (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
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(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 …
ORS 564.910 [Repealed by 1953 c.488 §2]
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[Repealed or reserved.]
ORS 564.990 [Repealed by 1963 c.461 §34]
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PENALTIES
ORS 564.991 Penalties. Subject 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]
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[Repealed or reserved.]
ORS 564.994 Penalty for violation of ORS 564.120. Violation of ORS 564.120 is a Class A misdemeanor. [1987 c.686 §13]
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