Oregon Revised Statutes

Or. Rev. Stat. § 496.172 (2026)

Commission management authority for threatened or endangered species; rules

✓ current as of May 2026

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496.172 Commission management authority for threatened or endangered species; rules. In carrying out the provisions of the wildlife laws with regard to the management of wildlife that is a threatened species or an endangered species, the State Fish and Wildlife Commission:

(1) Shall conduct investigations of wildlife species native to this state and shall 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 wildlife species that are threatened species or endangered species. Listed threatened species or endangered species shall be protected as provided in ORS 496.182.

(3) Shall work cooperatively with state agencies that have land management authority or regulatory authority to determine their roles within their statutory obligations in the conservation of endangered species, as described in ORS 496.182 (8).

(4) By rule, shall establish a system of permits for scientific taking of threatened species and endangered species and shall establish a system of state permits for incidental taking of state-designated threatened species and endangered species not listed by the federal government under such terms and conditions as the commission determines will minimize the impact on the species taken. An incidental taking permit or statement issued by a federal agency for a species listed under the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as amended, shall be recognized by the state as a waiver of any state protection measures or requirements otherwise applicable to the actions allowed under the federal permit.

(5) Shall cooperate with the State Department of Agriculture in carrying out the provisions of ORS 564.105.

(6) Shall adopt administrative rules to carry out the provisions of ORS 496.171 to 496.182 and 498.026. [1987 c.686 §3; 1995 c.590 §3]

496.175 [Amended by 1971 c.658 §4; repealed by 1973 c.723 §130]

Notes of Decisions

Cited in 4 cases, 1994–2019 · leading case: Bradley v. State, 324 P.3d 504 (Or. Ct. App. 2014).

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Bradley v. State, 324 P.3d 504 (Or. Ct. App. 2014). · cites it 13× “In their second assignment of error, plaintiffs reprise their argument that FWS’s November 2009 letter was a statement by a federal agency, and that under ORS 496.172, the statement was a waiver of any additional state protections.”

Boise Cascade Corp. v. Bd. of Forestry, 886 P.2d 1033 (Or. Ct. App. 1994). ““Since 1987, when the northern spotted owl was designated as a ‘threatened species’ pursuant to ORS 496.172, et seq., the State of Oregon has continued to sell its own merchantable timber in Clatsop County for the purpose of having it logged in order to provide revenue to…”

Cnty. of Morrow v. Dep't of Fish & Wildlife, 37 P.3d 180 (Or. Ct. App. 2001). · cites it 2× “ORS 496.172; ORS 496.004(6), (16). Among other things, the commission is authorized to conduct investigations of possible threatened or endangered species and, “[b]y rule, * * * establish and publish, and from time to time may revise, a list of wildlife species that are…”

Cascadia Wildlands v. Dept. of Fish & Wildlife, 300 Or. App. 648 (Or. Ct. App. 2019). “” ORS 496.172(1), (2). As noted, the applicable OESA rule is OAR 635-100-0125 (the Oregon list).”

— Or. Rev. Stat. § 496.172(1) — 2 cases

Cascadia Wildlands v. Dept. of Fish & Wildlife, 300 Or. App. 648 (Or. Ct. App. 2019). “” ORS 496.172(1), (2). As noted, the applicable OESA rule is OAR 635-100-0125 (the Oregon list).”

Cnty. of Morrow v. Dep't of Fish & Wildlife, 37 P.3d 180 (Or. Ct. App. 2001). “ORS 496.172; ORS 496.004(6), (16). Among other things, the commission is authorized to conduct investigations of possible threatened or endangered species and, “[b]y rule, * * * establish and publish, and from time to time may revise, a list of wildlife species that are…”

— Or. Rev. Stat. § 496.172(4) — 1 case

Bradley v. State, 324 P.3d 504 (Or. Ct. App. 2014). “In their second assignment of error, plaintiffs reprise their argument that FWS’s November 2009 letter was a statement by a federal agency, and that under ORS 496.172, the statement was a waiver of any additional state protections.”

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