Or. Admin. Code § 635-100-0136

Current through Register Vol. 63, No. 10, October 1, 2024

Section 635-100-0136 - Survival Guidelines for Washington Ground Squirrel

(1) ORS 496.182(2) states that the Commission shall, at the time of listing, adopt by rule quantifiable and measurable guidelines that the Commission considers necessary to ensure the survival of individual members of the species. These survival guidelines shall apply only to actions proposed on lands owned or leased by a state agency, or where a state agency holds an easement.

(2) For areas of occupied habitat on the Space Age Industrial Park ("Boardman Boeing tract"): Activities detrimental to the survival of Washington ground squirrels shall not be permitted in areas of occupied habitat. Occupied habitat areas are those undisturbed and formerly cultivated but abandoned areas which are underlain with Warden soils (or other soils with similar characteristics, or those soil types which lie contiguous to occupied Warden soils (e.g. Sagehill Fine Sandy Loam)). Soils classifications as shown on 1:24,000, USDA, Natural Resource Conservation Service (NRCS) Soil Survey Geographic (SSURGO) database, for the Morrow County Soil Survey, and incorporated here by reference. Certified soil survey information is available to the public at the Department's headquarters office in Salem, the Department's field office in Heppner or though NRCS offices. "Activities detrimental to the survival of Washington ground squirrels" are:

(a) Soil disturbance (including, but not limited to, grading, leveling, plowing, disking, digging and tilling);

(b) Livestock grazing at a level that results in more than 50% of leaf volume removed from the current year's vegetative growth.

(c) Agricultural tree planting (e.g., hybrid poplar plantations);

(d) Agricultural and/or industrial activities that would alter existing vegetative communities (including, but not limited to, pesticide applications i.e. herbicides, fungicides, insecticides, rodenticides), irrigation, and mowing.

(e) Direct taking of Washington ground squirrels through poisoning, shooting, capture, or other means.

(3) For other areas within the Space Age Industrial Park: Outside the soil type areas identified in (2) above, but within the Boeing Lease property (as shown on 1:24,000, USDA, Natural Resource Conservation Service Soil Survey Geographic (SSURGO) database, for the Morrow County Soil Survey, and incorporated here by reference).

(a) The area shall be surveyed for the presence of Washington ground squirrels, using survey methods developed by the Department and incorporated here by reference ("Status and habitat use of the Washington Ground Squirrel Spermophilus washingtoni on State of Oregon Lands, South Boeing, Oregon in 1999." November 1999. This document is available to the public at the Department's headquarters office in Salem and field office in Heppner). Surveys shall be undertaken during the appropriate season immediately prior to any authorization being granted by an agency for activities detrimental to the survival of Washington ground squirrels (as defined in (2)(a)-(e)).

(b) If the survey locates Washington ground squirrel sites, or squirrel occurrence has been previously recorded, activities detrimental to the survival of Washington ground squirrels shall not be permitted within 150 meters of the squirrel use-area associated with any such site (squirrel use-areas are described in the "Status and habitat use of the Washington Ground Squirrel Spermophilus washingtoni on State of Oregon Lands, South Boeing, Oregon in 1999.", referenced in (3)(a) above). If more than one squirrel site is detected, any authorized activities near detected sites shall not result in loss of habitat or physical connectivity between those sites. In addition, authorized activities around squirrel sites shall not physically isolate the site(s) from other colonies or occupied habitat areas. Agencies shall consult with the Department in such situations to determine specific site-based connectivity requirements.

(4) Not withstanding (3) above, phase II of the Inland Land Company Farm Plan as described in IRZ Consulting map of 4-7-99 is exempt from these survival guidelines between January 21, 2000 and February 18, 2000, provided, all activities detrimental to the survival of Washington ground squirrels are conducted under the supervision of a biologist and in consultation with ODFW to avoid take of Washington ground squirrels.

(5) For any other state owned or leased land or easements elsewhere within the Columbia Basin Physiographic Province where suitable Washington ground squirrel habitat and soil types occur: State agencies shall consult with the Department before authorizing activities detrimental to Washington ground squirrels (as defined in (2)(a)-(e)).

(6) For other areas of state owned or leased land or easements which have been surveyed by methods acceptable to the Department: Where Washington ground squirrel surveys have been conducted according to the methods referred to in section (3)(a) above, areas with Washington ground squirrel sites shall be protected as indicated in (3)(b) above.

Or. Admin. Code § 635-100-0136

DFW 5-2000, f. 2-3-00, cert. ef. 2-4-00; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04

Stat. Auth.: ORS 496.004, 496.171, 496.172, 496.182, 496.192, 498.026

Stats. Implemented: ORS 496.004, 496.171, 496.172, 496.182, 496.192, 498.026