Oregon State Trust Land Forests Receive First Incidental Take Permit Under New Habitat Conservation Plan

Oregon State Trust Land Forests Receive First Incidental Take Permit Under New Habitat Conservation Plan

In September, the Oregon Department of Forestry (ODF) received the first of three federal approvals needed to manage state forests under the new Habitat Conservation Plan (HCP). The National Oceanic and Atmospheric Administration (NOAA Fisheries) issued the incidental take permit (ITP) for regulatory certainty under the Endangered Species Act (ESA) for 10 specific covered fish species. The remaining two approvals (one for the remaining five terrestrial species and the final HCP approval) are anticipated by early 2027. 

The 745,000 acres of Oregon’s state forests are required to be managed for social, economic, and environmental benefits – this is known as Greatest Permanent Value (ORS 530.050 as well as OAR 629-035-0020). ODF believes the protections found in the HCP’s management plan with the newly issued ITP will benefit fish through improved habitat over the long term while also allowing for harvesting to occur outside of the set aside habitat areas.

For eight years, ODF has been working on an HCP for long-term management of the Western Oregon state forests and 15 threatened or endangered species under the ESA. The Board of Forestry submitted the final plan to the federal government for approval in March of 2024. Since that time, ODF has been working to update the Forest Management Plan (FMP) to be in line with this HCP, assuming approval would occur.

The 10 fish covered by this ITP issuance include Oregon Coast Chinook and Coho, Lower Columbia River Chinook and Coho, Columbia River Chum, Upper Willamette River Spring-run Chinook, Upper Willamette River Winter Steelhead, Southern Oregon/Northern California Coast Choo and Chinook, and the Eulachon (a species of smelt found in Oregon).

ODF anticipates the second ITP issuance later this fall or early 2027. This ITP will include the Spotted Owl, Marbled Murrelet, Oregon Slender Salamander, Coastal Marten and the Red Tree Vole.

The purpose of an ITP is to allow the landowner, in this case ODF, the legal protections from potential legal ramifications for the covered species if the forest management activities cause ‘take’ of the species. Without an ITP, the landowner would be required to follow a take avoidance management style. Take avoidance is the practice of designing or implementing a management activity in a way that completely prevents any prohibited “take” of an endangered or threatened species. It is worth noting that the U.S. Fish and Wildlife Service has issued an internal memorandum with a new interpretation of “take” under the ESA. This new interpretation states the agency will “no longer consider the incidental killing or injuring of a threatened or endangered animal to be illegal.” Going forward, the law will only prohibit actions that are intentionally and purposefully designed to kill or injure a listed species. A coalition of 21 attorneys general and multiple environmental organizations have filed suit over this change to the ESA “Harm Rule.” If the lawsuit fails, it is unclear whether the ITP and HCP will still be necessary in its current version. 

Contributed by: Branden Pursinger | Legislative Affairs Manager 

September Legislative Days Summary

September Legislative Days Summary

From Sept. 8-10, the Oregon State Legislature convened in Salem for interim committee hearings. The Association of Oregon Counties (AOC) Legislative Affairs Department actively engaged in these hearings, monitoring key discussions, and connecting with legislators and stakeholders around AOC’s 2027-28 Legislative Priorities.

Ahead of the Sept. 11 pre-session filing deadline, AOC worked with lawmakers to introduce key legislative concepts. These concepts align with AOC’s policy priorities and will be discussed during AOC steering committee meetings on Oct. 9 and 12. The Legislature is scheduled to reconvene for Legislative Committee Days on Dec. 1-3. Check the Legislative Calendar to view all legislative dates.

Below is a summary of committee highlights, links, and materials that impact county governance, services, and budgets.

Governance, Revenue, Economic Development

Senate Interim Committee on Finance and Revenue

  • Report on Senior Property Tax Deferral Program Outreach to increase applicants and overall program users, presented by the Department of Revenue
  • Presentation by the Portland Metro Chamber on the state of the Federal Deduction for State and Local Taxes (SALT) cap 

House Interim Committee on Revenue

House Interim Committee on Economic Development, Small Business, and Trade

  • Report from the Governor’s Prosperity Council on economic development policy recommendations for the 2027 Legislative Session.
  • Updates on modernization and industrial symbiosis as part of a statewide economic development strategy
  • 10-year review of recreational cannabis policy in the state 

House Interim Committee on Rules

  • Election integrity and security presentation from the Secretary of State’s office

House Interim Committee on Climate, Energy, and Environment

Health and Human Services

House Interim Committee on  Early Childhood

  • Overview of the department and the early learning system development by the Department of Early Learning and Childcare
  • Overview of child care deserts in Oregon by Oregon State University

Senate Interim Committee On Early Childhood and Behavioral Health

Senate Interim Committee on Health Care

House Interim Committee On Behavioral Health

House Interim Committee On Housing and Homelessness 

House Interim Committee On Health Care

Natural Resources

House Interim Committee on Agriculture, Land Use, Natural Resources, and Water

House Interim Committee on Climate, Energy, and Environment

  • Data centers presentations from ECOnorthwest, the Legislative Revenue Office, and the Water Resources Department

Senate Interim Committee on Natural Resources and Wildfire

  • 2026 wildfire season overview from the State Forester and State Fire Marshal
  • Update on the infrastructure investments in hatcheries throughout the state from Oregon Department of Fish and Wildlife
  • Status update on the Winchester Dam in Douglas County by the Oregon Water Resources Department and the Oregon Department of Fish and Wildlife
  • Rural land use updates from the Department of Land Conservation and Development

Senate Interim Committee on Energy and Environment

  • Per- and polyfluoroalkyl substances (PFAS) in drinking water in Oregon presentation from Oregon State University
  • Water usage by data centers presentation from the Minnesota Department of Natural Resources

Public Safety and Veterans

House Interim Committee on Judiciary

Senate Interim Committee on Judiciary

House Interim Committee on Emergency Management and Veterans

Senate Interim Committee on Veterans, Emergency Management, Federal and World Affairs

Transportation and Community Development

Senate Interim Committee on Transportation

  • Update on Governor Kotek’s Rebuilding Our Transportation Vision Workgroup from Co-Chair Grace Crunican and workgroup member Umatilla County Commissioner Dan Dorran

House Interim Committee on Transportation

  • Update on Governor Kotek’s Rebuilding Our Transportation Vision Workgroup presented by Grace Crunican and Umatilla County Commissioner Dan Dorran
  • 2027 Legislative Concept preview: Abandoned RV removal and parks funding