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