In The Media

Dec01

Oregon Board of Forestry Reverses Course, Will Develop Murrelet Protections

For Immediate Release, December 1, 2016
 
Contacts:
Nick Cady, Cascadia Wildlands, (314) 482-3746, nick@cascwild.org
Noah Greenwald, Center for Biological Diversity, (503) 484-7495, ngreenwald@biologicaldiversity.org
 
Oregon Board of Forestry Reverses Course, Will Develop Murrelet Protections
Rulemaking Initiated to Protect Imperiled Seabird on State, Private Lands
 
EUGENE, Ore.— The Oregon Board of Forestry has reversed its prior decision to deny a petition from conservation groups that called for the identification and protection of marbled murrelet sites on state and private forest lands. The Board is now coordinating with the Oregon Department of Fish and Wildlife and other state land owning agencies to identify and protect important old-growth forest areas for the seabird threatened with extinction.
 
“It is reassuring to see the Board reverse course on this issue, especially given Oregon’s current efforts to sell off the Elliott State Forest,” said Nick Cady, legal director of Cascadia Wildlands. “The Elliott is a unique block of old-growth forest that is critical to the survival and recovery of this species, and should be the first area prioritized by the Board.”
 
Murrelets fly inland from the ocean to nest on wide, mossy limbs found in in the mature and old-growth forests of the Oregon Coast Range.  While most of Oregon’s coast range has been converted into industrial timberland that does not provide nesting habitat for the bird, the 93,000-acre Elliott State Forest, located in the coast range just east of Coos Bay, is a crucial block of older forest habitat and essential to the reproductive success of the species.
 
”The marbled murrelet is the only seabird in the world that nests in old-growth forests and needs our help to survive,” said Noah Greenwald, endangered species director with the Center for Biological Diversity. “I’m thrilled Oregon’s Board of Forestry is finally stepping up to provide protections to this imperiled bird and the forests it depends on.”
 
The petition to the Board of Forestry was filed Sept. 9th in conjunction with a petition to the Oregon Department of Fish and Wildlife to uplist the species’ protection status from “threatened” to “endangered.” Given recent efforts by federal land managers to gut protections for the species and the substantial amount of habitat on state and private lands, the Department of Fish and Wildlife granted the petition, but the Board of Forestry denied its petition. After the Board’s denial, conservation groups filed a Petition for Review and asked the Board to reconsider its decision in light of requirements under Oregon law related to imperiled species.  The Board convened a special meeting on November 29, 2016 and stated it “withdraws and reverses its August 1, 2016 order denying the Petition for Rulemaking, accepts the Petition for Rulemaking, and immediately commences the rulemaking process.”
 
“Deforestation throughout the Coast Range have reduced habitat for marbled murrelets to just a few islands of old growth in a sea of clearcuts and monoculture tree plantations,” said Steve Pedery, conservation director for Oregon Wild. “Oregon is already decades overdue in developing a meaningful plan for conserving murrelet habitat. They cannot wait another 30 years.”
 
While murrelets have been listed as a ‘threatened’ species for nearly 30 years, Oregon has never developed a plan to recover them or protect the old-growth habitat that they depend on, and instead, the state has relied on the nesting habitat located on nearby federal forestlands.  This is no longer sufficient as murrelet populations in the Pacific Northwest continue to decline, and a recent status review conducted by the US Fish and Wildlife Service determined that conservation of nesting habitat on state and private lands is now critical to the species’ survival.
 
The Petition to the Board of Forestry can be found here.
 
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Nov14

Coyote Killing Contest Placing Oregon’s Wolves in Crosshairs

Federal Agencies Urged to Halt Coyote-hunting Contest in Oregon’s Lake County
Contest Risks Killing Endangered Wolves, Breaking Wildlife Laws
 
PORTLAND, Ore.— Six wildlife conservation organizations representing nearly 212,000 Oregonians are calling on the U.S. Forest Service and Bureau of Land Management to stop a coyote-hunting contest planned for Nov. 19-20. The groups are concerned that in addition to being cruel and wasteful, the “Lake County Coyote Calling Derby” could result in killing of endangered gray wolves, in violation of the Endangered Species Act.
 
“This contest is unethical, cruel and risks violating federal law,” said Amaroq Weiss, West Coast wolf organizer with the Center for Biological Diversity. “Wolves are fully federally protected throughout the entirety of Lake County, so federal wildlife and land management officials have a duty to do everything in their power to protect them.”
 
The hunting contest, which awards prizes for the most coyotes killed, is being sponsored by the Lake County chapter of the Oregon Hunters Association and by Robinson Heating and Cooling. The contest will take place on both Forest Service and BLM land, which cover large portions of Lake County. Despite this the contest organizers have not sought a required “special use permit.” Such a permit would trigger a review by the U.S. Fish and Wildlife Service because of the risk of killing federally protected wolves, which have been confirmed in Lake County by federal and state officials and are easily mistaken for coyotes.
 
“Coyote killing contests are nothing more than the indiscriminate, wanton slaughter of wildlife,” said Brooks Fahy, Executive Director of Eugene-based Predator Defense.  “Contest organizers often purport that killing coyotes will protect livestock and enhance prey populations like deer and elk.  Ironically, science is telling us just the opposite. When coyotes are killed, those that survive reproduce at higher levels.”
 
The conservation groups requested that both the Forest Service and BLM suspend the contest until permits are issued, the Fish and Wildlife Service has the opportunity to ensure no wolves will be harmed, and the public has the opportunity to comment.
 
“It is completely irresponsible for these federal agencies to allow a killing contest for an animal that closely resembles the endangered gray wolf in this region,” said Nick Cady, legal director of Cascadia Wildlands. “Wolves are just beginning to establish a foothold in southwestern Oregon, and it would be tragic for that to be lost due to an overlooked coyote killing derby.”
 
Scott Beckstead, Oregon senior state director of The Humane Society of the United States said, “Killing contests are cruel, wasteful, and deeply at odds with the humane values of the vast majority of Oregonians. The event promotes a “shoot anything that moves” mentality and is bound to result in the killing of non target wildlife. We urge the USFS and BLM to deny permission for this event, and we urge the people of Oregon to demand that our state wildlife managers finally put an end to these festivals of cruelty.”
 
“Not only do these killing contest endanger a protected species,” said Wally Sykes, co-founder of Northeast Oregon Ecosystems, “but they are a symptom of a general disrespect for wildlife and a poor understanding of the complex relationships of prey and predator.”
 
The request was sent by Predator Defense, the Center for Biological Diversity, Cascadia Wildlands, The Humane Society of the United States, Northeast Oregon Ecosystems and Oregon Wild.
 
The Center for Biological Diversity is a national, nonprofit conservation organization with 1.1 million members and online activists dedicated to the protection of endangered species and wild places. http://www.biologicaldiversity.org/
Predator Defense is a national nonprofit advocacy organization with over 15,000 supporters.  We have been working since 1990 to protect native predators and end America’s war on wildlife.  Our efforts take us into the field, onto America’s public lands, to Congress, and into courtrooms. http://www.predatordefense.org
 
Cascadia Wildlands defends and restores Cascadia’s wild ecosystems in the forests, in the courts, and in the streets. We envision vast old-growth forests, rivers full of salmon, wolves howling in the backcountry, and vibrant communities sustained by the unique landscapes of the Cascadia bioregion. Join our movement today.
 
The Humane Society of the United States is the nation’s largest and most effective animal protection organization. We and our affiliates provide hands-on care and services to more than 100,000 animals each year, and we professionalize the field through education and training for local organizations. We are the leading animal advocacy organization, seeking a humane world for people and animals alike. We are driving transformational change in the U.S. and around the world by combating large-scale cruelties such as puppy mills, animal fighting, factory farming, seal slaughter, horse cruelty, captive hunts and the wildlife trade. http://www.humanesociety.org
 
Oregon Wild: Protecting Oregon’s wildlands, wildlife, and waters for future generations. http://www.oregonwild.org
 
Northeast Oregon Ecosystems works to protect and expand Oregon’s wildlife and wildlife habitat.

 

Nov10

Science Review Begins for Northwest Forest Plan Revision

For Immediate Release
November 10, 2016
 
Northwest Forest Plan science synthesis review begins
Will help inform forest management efforts in Pacific Northwest
 
Nick Cady, Cascadia Wildlands, 314-482-3746, nick@cascwild.org
Susan Jane Brown, Western Environmental Law Center, 503-914-1323, brown@westernlaw.org 
 
Portland, Ore.–Today, the United States Forest Service released for public and heightened peer review its anticipated science synthesis, which will inform the need to revise the renowned Northwest Forest Plan. The Forest Service is currently taking public comment on the synthesis through January 6, 2017, and the agency will host a public forum on December 6, 2016 in Portland, Oregon at the Doubletree Hotel from 8:30am to 1pm.  
 
“We have learned a great deal about the public lands encompassed by the Northwest Forest Plan in the past 20 years of its application,” said Nick Cady with Cascadia Wildlands. “While new information has surfaced – including, importantly, the impacts of climate change – many values endure, such as the importance of clean water, iconic wildlife such as salmon, and thriving forest ecosystems to the residents of the Pacific Northwest. These principles remain as sound today as they were when the plan was written.”
 
The topics addressed in the new science synthesis include old growth forest ecosystems, threatened and endangered terrestrial and aquatic species, climate change, socioeconomic considerations, scientific uncertainty, and restoration strategies, among many others. The Forest Service expects to publish a general technical report that encompasses the science synthesis. In addition to public review and comment on the synthesis, dozens of experts and practitioners will be conducting a peer review process which will also inform the Forest Service’s revision effort.
 
“We anticipate the synthesis will engage public interest throughout the region and we look forward to providing thoughtful feedback to the Forest Service as it considers the need to improve the scientifically-sound, ecologically-credible, and legally-defensible Northwest Forest Plan,” said Susan Jane Brown, staff attorney with the Western Environmental Law Center. “Through this feedback, we hope to help ensure that our treasured Pacific Northwest forests and rivers are managed to best meet the needs of our region.”
 
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Sep30

Oregon Board of Forestry Sued for Failure to Protect Marbled Murrelet Habitat

For Immediate Release
September 30, 2016
 
Contact: Nick Cady, Cascadia Wildlands, 314-482-3746, nick@cascwild.org
              Noah Greenwald, Center for Biological Diversity, 503-484-7495, ngreenwald@biologicaldiveristy.org
              Steve Pedery, Oregon Wild, 503-283-6343 ext. 212
              Bob Sallinger, Portland Audubon, 503-380-9728
 
Lawsuit Filed Against Oregon Board of Forestry for Failing to Protect Habitat for Threatened Marbled Murrelet
 
EUGENE, Ore.- Four conservation organizations filed suit today against the Oregon Board of Forestry over dismissal of a petition requesting the Board identify and protect important old-growth forest areas for the marbled murrelet, a seabird threatened with extinction.  Under Oregon law, the Board was supposed to have provided such protection after the seabird was protected as threatened under the state Endangered Species Act in 1987.  
 
“The state of Oregon is obligated to protect its threatened wildlife, and it is not doing that with this unique seabird,” said Nick Cady, legal director at Cascadia Wildlands. “It is way past time that protection measures for the species are instituted, otherwise the marbled murrelet will go the way of the passenger pigeon.” 
 
On Sept. 9 the Oregon Department of Fish and Wildlife Commission granted a similar petition. The two agencies are required to work together to facilitate murrelet recovery and develop protection measures for occupied sites.  
 
The marbled murrelet was first listed as a threatened species in Oregon in 1987, and the listing of a species requires the Board of Forestry to conduct an inventory of species’ sites and develop rules to protect the sites from harmful forestry activities.  Clearcut logging of the murrelets’ nesting habitat on state and private forestlands in Oregon is the primary cause of the species decline.
 
“For the last thirty years, Oregon’s plan for marbled murrelets has been to look the other way while their habitat is clear-cut,” said Steve Pedery, conservation director at Oregon Wild. “Oregonians expect better from our governor and state agencies. They need to develop a plan to protect murrelets and their habitat, and they need to stand up to pressure from the clearcut lobby and the county politicians who do their bidding.”
 
While murrelets have been listed as a ‘threatened’ species for nearly 30 years, Oregon has never developed a plan to recover them or protect the old-growth habitat that they depend on. Instead the state has relied on the nesting habitat located on nearby federal forestlands. This is no longer sufficient as murrelet populations in the Pacific Northwest continue to decline, and a recent status review conducted by the U.S. Fish and Wildlife Service determined that conservation of nesting habitat on state and private lands is now critical to the species’ survival.
 
The Board of Forestry's decision to not even consider a petition to identify and protect old growth habitat for Marbled Murrelets once again demonstrates the board's indifference towards the plight of Marbled Murrelets and other old growth dependents species," said Bob Sallinger, Conservation Director for Audubon Society of Portland. "The Board has been ignoring its obligations under both state and federal law for decades even as the Marbled Murrelets numbers continue to plummet."
 
Murrelets fly inland from the ocean to nest on wide, mossy limbs found in the mature and old-growth forests of the Oregon Coast Range. A recent decision to ramp up clearcut logging of murrelet nesting habitat on Bureau of Land Management lands in western Oregon coupled with the state of Oregon’s proposal to privatize the 93,000-acre Elliott State Forest located, east of Coos Bay, underscore the need to develop habitat protections. A recent murrelet monitoring report produced by the U.S. Forest Service stressed the urgent need to “arrest the loss of suitable habitat on all lands, especially on non-federal lands in the relatively near term.”
 
“The Board of Forestry's management of the old-growth forests needed by the marbled murrelet and cherished by Oregonians across the political spectrum has been abysmal,” said Noah Greenwald, endangered species director at the Center for Biological Diversity. “The Board of Forestry and Gov. Kate Brown have a legal and moral responsibility to protect murrelets and their forest habitat, and need to take action to reverse the decline of the species."
 
Background: The marbled murrelet is a member of the auk family, which includes birds like auklets, guillemots and puffins. These sea-birds get their name from the marbling pattern of black, gray and white that covers their backs during the non-breeding season. When murrelets are breeding they molt to a plain brown plumage. They form lifelong breeding pairs and feed on small, schooling fish, such as herring.
 
Populations of marbled murrelets are closely tied to the amount of old forest habitat available for nesting. The central Oregon Coast is one of the last strongholds for murrelets. While forest practices have changed on federal lands managed by the Siuslaw National Forest, scientists warn that more needs to be done to protect murrelet habitat on state and private lands where logging practices continue to indiscriminately remove nesting habitat.
 
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Aug09

New Western Oregon Forest Management Plan Challenged

For immediate release
August 9, 2016

Contacts: 
Susan Jane Brown, Western Environmental Law Center, 503-680-5513, brown@westernlaw.org 
Todd True, Earthjustice, 206-343-7340, ext. 1030, ttrue@earthjustice.org 
John Kober, Pacific Rivers, 503-915-6677, john@pacificrivers.org 
Nick Cady, Cascadia Wildlands, 314-482-3746, nick@cascwild.org
Joseph Vaile, Klamath-Siskiyou Wildlands Center, 541-488-5789, joseph@kswild.org
Doug Heiken, Oregon Wild, 541-344-0675, dh@oregonwild.org
Megan Birzell, The Wilderness Society, 206-348-3597, megan_birzell@tws.org

Stakeholder Groups Challenge Oregon Forest Management Plan
New Plan Sacrifices Clean Water, Fishing Economy, Carbon Storage, Recreational Opportunities

Eugene, Ore.— Late yesterday, a coalition of conservation and fishing groups challenged in the U.S. District Court in Oregon a Bureau of Land Management (BLM) forest management plan, finalized Friday, that would replace the scientifically sound, ecologically credible, and legally responsible 1994 Northwest Forest Plan on millions of acres in western Oregon. The new BLM plan, collectively known as the Resource Management Plans (RMPs) for Western Oregon, eliminates protections for streamside forests, increases clearcutting, and effectively removes 2.6 million acres of federally managed public forests from the requirements of the Northwest Forest Plan.

“BLM’s new plan would impact the quality of life of rural residents, drinking water quality, wildlife habitat, and carbon storage,” said Susan Jane Brown, staff attorney with the Western Environmental Law Center. “We need to get this right. We must protect special places that Oregonians love while we work to restore forests and watersheds. A holistic view should drive our public land decisions – not simply finding ways to maximize logging.”

Where the Northwest Forest Plan provided relative stability in Oregon's often-contentious forest management, its elimination on these lands has sowed substantial discord. Last week, timber industry groups also challenged the new BLM plan in Washington, D.C. court, thousands of miles from those who will be most affected by the new plan.

The conservation and fishing stakeholders in yesterday's challenge seek to maintain the protections of the Northwest Forest Plan and its science-based requirements, asserting that BLM's new RMPs violate the Oregon and California Lands Act (O&C Act), National Environmental Policy Act (NEPA), and Administrative Procedure Act (APA), and therefore fail to support multiple uses of Oregon forests managed by the BLM.

"BLM's new plan does a disservice to the years of great progress we've made in balancing timber, recreation, and conservation forest uses," said Nick Cady of Cascadia wildlands. "We can't allow the places we love and rely on to be put at risk by a bad plan. We can do so much better than this, and we must."

The RMPs would increase logging levels by 37 percent, which could boost carbon emissions and make forests less resilient to climate change and other disturbances. In addition, the RMPs fail to recognize how healthy forests bring economic benefits to the state, such as Oregon's $12.8 billion annual outdoor recreation industry, which supports 141,000 jobs and $955 million in state and local tax revenue.

Fishing organizations are highly concerned that the reduction in streamside forest protection could push imperiled species like salmon and steelhead further toward extinction. In southern Oregon, the BLM plan would remove the Applegate Adaptive Management Area that has enabled community members to play an active role in local land management decisions.

The BLM plan cuts corners scientifically and legally. It would cause significant harms to the plaintiff group, including:

  • Eliminating the strong water quality and habitat provisions of the Northwest Forest Plan, reducing streamside no-logging buffers by half or more (a loss of 300,000 acres of streamside reserves). These reductions threaten wild native fish, water quality, terrestrial wildlife, and aquatic recreational opportunities.
  • Introducing loopholes that would increase logging in older forest, termed late-successional reserves, and eliminate survey requirements for sensitive wildlife that depend on old forest habitat to thrive. In addition, the aforementioned 300,000 acres of riparian reserves, which had been intended to grow into old forest and bolster habitat for old forest species, is now fair game for logging.
  • Disempowering public input and involvement by removing BLM and the plan from collaborative Adaptive Management Area efforts.
  • Enacting the least ambitious carbon sequestration alternative analyzed. Over the next century, the status quo would sequester twice as much carbon.
  • Focusing on more intensive, clearcut-style logging on nearly half a million acres of forests, abandoning the direction towards restoration of forests and watersheds under the Northwest Forest Plan.
  • Designating additional recreation areas, in many of which logging and off-road motorized use take precedence and could diminish the types of quiet recreation the vast majority of Oregonians enjoy.

“We have been working with BLM for the last 15 years to develop restoration strategies for degraded forest lands. This has resulted in a successful program of thinning dense young forests to improve habitat, create jobs, and produce wood,” said Doug Heiken of Oregon Wild, “Now BLM is moving in the wrong direction by reducing protection for streamside forests and adopting new loopholes that put old-growth forests at risk.”

BLM first attempted to revise its resource management plans in 2008. That plan, the result of a sweetheart settlement between the Bush Administration and the timber industry, was withdrawn by the Obama Administration in 2009, resurrected by a federal judge in 2011 in response to a timber industry lawsuit, and finally rejected by a second federal judge in 2012.

A copy of the complaint is available here.

A copy of the Record of Decision for the BLM plan is available here.

A copy of the groups' protest is available here.

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Aug06

BLM Signs Devastating New Management Plan for Oregon’s Forests!

by Nick Cady, Cascadia Wildlands Legal Director

IMG_1413On August 5, the Bureau of Land Management signed a new management plan for western Oregon.  Cascadia Wildlands and our conservation allies protested the initial draft of this plan, but the BLM's decision yesterday largely ignored all our points of contention.  

From a broad perspective, the plan will increase logging levels on federal BLM lands by 37 percent.  These public lands were originally designed to serve as a refuge and protective zone for imperiled forest species, clean water, carbon storage in an effort to counter-balance the industrial clearcutting and pesticide spraying occurring on intermixed private forest lands.  There is no question that this plan deeply compromises our landscape's ability to adapt to ongoing climate change and other disturbances like large-scale fires.  

For over the past 20 years, these public forests had been managed under the Northwest Forest Plan, a deal brokered by the Clinton administration to end the timber wars in Oregon. The Northwest Forest Plan was not perfect, but it strived to achieve balance and protect critical resources and generally took a precautionary approach to various unknowns.  

The BLM's new plan dramatically reduces almost every protection in the Northwest Forest Plan.  Specifically, the plan eliminates stream side buffers, eliminates surveys and buffers for imperiled or uncommon species, disregards climate change and carbon storage, and opens up mature and old-growth forest to archaic cleacrcutting practices. The plan completely ignores the contribution of these public lands to Oregon's booming outdoor industry which is valued at over 10 billion dollars a year.  The fishing industry is particularly worried given the potential impacts to Oregon's waterways.

These public forest are our homes, our playgrounds, our sanctuaries.  These efforts to strip our forests away from us will not stand.  Cascadia Wildlands is part of a broad coalition of conservation, recreation, and fishing groups in staunch opposition to this plan, and we are devoted to protecting these majestic lands. There will be news of our challenge soon.

Aug04

Wolves Being Killed in Northeast Washington

For Immediate Release, August 3, 2016

Contacts: 
Nick Cady, Cascadia Wildlands, (314) 482-3746, nick@cascwild.orgAmaroq Weiss, Center for Biological Diversity, (707) 779-9613, aweiss@biologicaldiversity.org
John Mellgren, Western Environmental Law Center, (541) 359-0990, mellgren@westernlaw.org

Wildlife Agency to Kill Wolves in Northeast Washington
Members of Profanity Peak Pack To Be Targeted in Ferry County

OLYMPIA, Wash.— Washington Department of Fish and Wildlife officials announced late today they will kill members of the Profanity Peak pack in Ferry County. The kill order was issued following investigations concluding the wolves recently killed three calves and a cow and that three other calf deaths are probable wolf kills. All of the losses occurred on public lands grazing allotments, in territory occupied by the Profanity Peak pack. The decision was made under the guidelines of a new lethal removal protocol that was agreed to this spring by the state Wolf Advisory Group, a stakeholder group convened by the Department of Fish and Wildlife that includes agency staff and representatives from the ranching, hunting and conservation community.

“We appreciate the agency’s use of nonlethal measures to try to prevent losses of both livestock and wolves, and are glad to hear the ranchers in question have been working cooperatively with the state, but we are deeply saddened that wolves are going to die,” said Amaroq Weiss, West Coast wolf organizer at the Center for Biological Diversity. “We are not part of the advisory group but have made clear to the group that we don’t support the killing of the public’s wildlife on public lands.”

According to the protocol agreed to by the advisory group, lethal removal of wolves is considered after four confirmed depredations in one calendar year, or six confirmed depredations in two calendar years. The protocol also requires that the affected ranchers have employed sanitation measures to avoid attracting wolves to livestock carcasses and have tried at least one proactive measure to deter conflicts with wolves at the time the livestock losses took place. 

“It’s tragic to see wolves killed, and I hope we continue to see growing wolf populations in Washington despite the yearly culling that inevitably takes place, said Nick Cady, legal director at Cascadia Wildlands.  “I do not believe it makes sense to spend taxpayer dollars to kill wolves in remote roadless areas on public lands.”

“The decision to kill wolves is always a sad event, and one that should not be taken lightly” said John Mellgren, staff attorney at the Western Environmental Law Center. “But it is even harder to stomach when that decision relates to wolves on our publicly owned lands.”

Cascadia Wildlands educates, agitates, and inspires a movement to protect and restore Cascadia's wild ecosystems.  We envision vast old-growth forests, rivers full of salmon, wolves howling in the backcountry, and vibrant communities sustained by the unique landscapes of the Cascadia Bioregion.  We like it wild.  Join us at: www.cascwild.org 

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.1 million members and online activists dedicated to the protection of endangered species and wild places.

The Western Environmental Law Center is a public interest nonprofit law firm. WELC combines legal skills with sound conservation biology and environmental science to address major environmental issues throughout the West. WELC does not charge clients and partners for services, but relies instead on charitable gifts from individuals, families, and foundations to accomplish its mission. www.westernlaw.org

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Jul06

Oregon Wolf Delisting Challenge Reinstated by Court of Appeals

For Immediate Release
July 6, 2016
 
Contact:
Nick Cady, Cascadia Wildlands, (314) 482-3746, nick@cascwild.org    
Amaroq Weiss, Center for Biological Diversity, (707) 779-9613, aweiss@biologicaldiversity.org
Steve Pedery, Oregon Wild, (503) 283-6343 ext. 212, sp@oregonwild.org
      
Oregon Appeals Court Reinstates Legal Challenge to Premature Wolf Delisting
 
Photo taken July 6, 2013 of OR17 with a 2013 pup of the Imnaha pack.  Subadult wolves assist in the raising of the pups. Photo courtesy of ODFW. Download high resolution image.

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PORTLAND, Ore.— The Oregon Court of Appeals has ruled that Cascadia Wildlands, the Center for Biological Diversity and Oregon Wild can proceed with their legal challenge to the state’s decision to prematurely strip endangered species protections from Oregon’s small population of gray wolves. Fewer than 120 of the animals are known to exist in the state.
 
“In no way should management of Oregon’s small population of recovering wolves be dictated by the livestock industry and its anti-wolf allies in Salem,” says Nick Cady, legal director with Cascadia Wildlands. “This ruling is a hopeful first step to ensure politics do not trump science when it comes to managing our treasured wildlife.”  
 
The ruling by the court late Tuesday reinstates a legal challenge filed in December by the conservation groups to last fall’s controversial 4-2 decision by the Oregon Fish and Wildlife Commission to strip state Endangered Species Act protections from gray wolves. Following that decision lobbyists with the livestock industry worked with several legislators during the 2016 legislature to pass House Bill 4040, a bill blocking judicial review of wolf delisting. Subsequent public records releases documented that despite public denials, the staff of Oregon Gov. Kate Brown was heavily involved in the legislation.
 
In April the conservation groups’ legal challenge was dismissed after the Oregon Department of Justice argued that the lawsuit was potentially moot due to H.B. 4040.  However, wolf advocates sought reconsideration by the court of this decision on the basis that H.B. 4040 was unconstitutional because it violated the separation of powers doctrine, among other issues.
 
In yesterday’s ruling Chief Judge of the Court of Appeals Erika Hadlock wrote that the issues presented by conservation advocates’ legal challenge “are complex matters of public importance” that deserve further consideration by the appellate court.
 
“Oregon’s wolves will now get their day in court to reveal the flawed process that stripped their protection,” said Amaroq Weiss, West Coast wolf organizer at the Center for Biological Diversity. “Gov. Brown’s wildlife commission ignored the best science to illegally delist wolves, then her staff was actively involved in the passage of legislation to eliminate the public’s right to challenge that decision.”
 
The wildlife commission’s decision to delist wolves was based on an Oregon Department of Fish and Wildlife analysis of the state’s wolf population that numerous leading scientists characterized as severely flawed and illogical.
 
“Access to the courts to ensure that our government obeys its own laws is a cherished right of Oregonians,” said Steve Pedery, conservation director of Oregon Wild. “Using H.B. 4040, Gov. Brown, legislators and livestock industry lobbyists tried to revoke that right when it came to wolves, and now it appears to have backfired on them.”
 
The wolf advocates’ opening brief is due to the appellate court on Aug. 23.
 
Cascadia Wildlands educates, agitates, and inspires a movement to protect and restore Cascadia's wild ecosystems. We envision vast old-growth forests, rivers full of wild salmon, wolves howling in the backcountry, and vibrant communities sustained by the unique landscapes of the Cascadia bioregion.
 
The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1 million members and online activists dedicated to the protection of endangered species and wild places.
 
Oregon Wild was founded in 1974 and works to protect & restore Oregon’s wildlands, wildlife, and waters as an enduring legacy for future generations.
 
Jun21

Greater Protections Sought for Marbled Murrelets in Oregon

For Immediate Release
June 21, 2016
 
Contact: Nick Cady, Cascadia Wildlands, 314-482-3746
             Tierra Curry, Center for Biological Diversity, 928-522-3681
              Steve Pedery, Oregon Wild, 503-283-6343 ext. 212
              Bob Sallinger, Portland Audubon, 503-380-9728
 
Greater Protections Sought for Threatened Marbled Murrelets in Oregon
 
PORTLAND, Ore.– Conservation groups submitted petitions today asking the Oregon Department of Fish and Wildlife (ODFW) and the Oregon Board of Forestry to take new measures to better identify and protect important forest areas for protected marbled murrelets. The petition to ODFW requests that the agency “uplist” the marbled murrelet to “endangered” status under the Oregon Endangered Species Act (OESA). The petition to the Board of Forestry asks the agency to identify and protect important forest sites critical to the species’ survival.
 
The agencies are required to work together to recover murrelets. Cascadia Wildlands, Oregon Wild, Coast Range Forest Watch, the Center for Biological Diversity, the Audubon Society of Portland and the Oregon Chapter of the Sierra Club signed on to the petition, citing Oregon’s weak Forest Practices Act and the continuing clear-cutting of the sea-bird’s habitat. While murrelets have been listed as a “threatened” species for nearly 30 years, Oregon has never developed a plan to recover them or protect the old-growth forests where they live.
 
“Because murrelets are currently listed as ‘threatened’ under state law, Oregon has a duty to protect and recover this species and its habitat,” said Nick Cady, Legal Director at Cascadia Wildlands. “Not only has the state failed to take any meaningful measures to recover and protect murrelets, the state itself, through aggressive clearcut logging on its state forests, is primarily responsible for the recent dramatic loss in breeding habitat. ‘Endangered’ protections will not only more accurately reflect how vulnerable Oregon’s murrelets and old-growth forests are, but also ensure the development of a plan to protect and recover these elusive sea-birds and their habitat.”
 
The marbled murrelet was originally listed under the Oregon Endangered Species Act in 1987. Despite this listing and commitment to recovery, the Oregon Department of Fish and Wildlife has not developed survival guidelines for the species, leaving the murrelet in limbo with no enforceable mechanism from Oregon to help their population recover. The Oregon Board of Forestry has similarly neglected responsibilities to identify and protect forest areas critical to murrelet recovery on state and private lands.
 
Clearcutting on private lands to export raw logs to Asia, and clearcutting of older forests and potential habitat on state lands has fragmented Oregon’s coastal rainforests and put the bird at even greater risk of extinction. Conservation efforts from these two agencies should result in the identification of critical habitat areas for the species and compel the development of rules to protect these areas.
 
“For the last 30 years, Oregon’s plan for marbled murrelets has been to look the other way while their habitat is clear-cut,” said Oregon Wild Conservation Director Steve Pedery. “Oregonians expect better from our governor and state agencies. They need to develop a plan to protect murrelets and their habitat, and they need to stand up to pressure from the clearcut lobby and the county politicians who do their bidding.”
 
Murrelets only nest and roost in old-growth and mature forests — forest that are at risk from proposals to increase logging on Bureau of Land Management lands in western Oregon, and from Oregon’s efforts to ramp up logging on state forests and privatize the 93,000-acre Elliott State Forest east of Coos Bay. The murrelet monitoring report released last month by leading murrelet biologists stressed the urgent need to “arrest the loss of suitable habitat on all lands, especially on non-federal lands in the relatively near term.”
 
“We live in a state where Oregonians treasure our old-growth forests and wildlife, but where there is a growing gap between the public’s values and the actions of our politicians and state agencies,” said Tierra Curry, a senior scientist with the Center for Biological Diversity. “State regulators and Gov. Brown have a legal and moral responsibility to protect murrelets and their forest habitat.”
 
According to statute, ODFW has, as its primary mission, an obligation “to prevent the serious depletion of any indigenous species.” However, the agency currently spends 2 percent of its budget on conservation, and in recent years has come under increasing criticism for prioritizing logging, grazing and other extractive interests over its conservation mission.
 
"Oregonians treasure our old-growth forests and wildlife, and the state has an obligation to conserve these iconic species and habitats for the enjoyment of present and future generations,” said Chris Smith with the Oregon Chapter of the Sierra Club. “Our management policies and practices need to align with these values and ODFW's responsibility."
 
“Marbled murrelet populations are spiraling downward in the Pacific Northwest and the State's outdated clearcutting policies are a big part of the problem," said Audubon Conservation Director, Bob Sallinger. "If we are going to have any hope of recovering this species, the State needs to step-up and recognize its responsibility to protect marbled murrelets and other old-growth dependent species."
 
Background: The marbled murrelet is a member of the auk family, which includes birds like auklets, guillemots and puffins. These sea-birds get their name from the marbling pattern of black, gray and white that covers their backs during the non-breeding season. When murrelets are breeding, they molt to a plain brown plumage. They form lifelong breeding pairs and feed on small, schooling fish, such as herring.
 
Populations of marbled murrelets are closely tied to the amount of old forest habitat available for nesting. The central Oregon coast is one of the last strongholds for murrelets. While forest practices have changed on federal lands managed by the Siuslaw National Forest, scientists warn that more needs to be done to protect murrelet habitat on state and private lands where logging practices continue to indiscriminately remove nesting habitat.
 
Expected Timeline: ODFW must acknowledge receipt of the petition within 10 working days, and determine within two years whether the marbled murrelet warrants “endangered” status. The Board of Forestry has 90 days to either begin rulemaking or deny the petition.
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Jun07

Op-Ed: State Should Scrap Elliott Forest Privatization

by Rod Sando for The Register-Guard
June 5, 2016
 
Defying the will of most Oregonians, our elected leaders in Salem are deep into a process to privatize the 93,000-acre Elliott State Forest northeast of Coos Bay.
More than likely, this treasured rain forest will be snatched up by equity investors looking to maximize revenue, which will mean more clear-cuts, muddied rivers and “private property” signs, and less access to some of the finest public lands in Western Oregon. The disposal process should be jettisoned immediately and replaced by one that embraces values Oregonians hold closely.
 
The State Land Board, made up of Gov. Kate Brown, Secretary of State Jeanne Atkins and Treasurer Ted Wheeler, needs a fresh approach that recognizes the many important public values Elliott supports while generating income for the school trust fund.
 
The State Land Board should also be reminded of the passion many Oregonians hold for public lands, as evidenced by the reaction to the armed takeover earlier this year of the Malheur National Wildlife Refuge.
 
While school trust lands help support kindergarten through 12th grade education in Oregon, these lands also support many values enjoyed by the public.
 
The Elliott State Forest is a place where fish and wildlife reside, where families go elk hunting every fall, and where anglers wet their lines in search of salmon and steelhead. The old forests of the Elliott store incredible amounts of carbon, thereby mitigating climate change at no cost, and provide clean water to communities downstream.
 
Even though Elliott is made up of school trust lands, logging is not an exclusive mandate for the forest.
 
Oregon’s attorney general issued an opinion in 1992 that said the management of these lands must abide by the provisions of the state and federal endangered species laws while also generating revenue. In its quest to ramp up the cut in Elliott in 2012, the state of Oregon ignored the Endangered Species Act, which resulted in reduced timber payments to the school fund.
 
In response, the state proposed to dump the forest, and now we are embroiled in this privatization scheme.
 
The future management of Elliott needs to be sensitive to the wide range of benefits that this public forest provides while continuing to produce revenue for schools. This is entirely possible, and simply requires that forest plans and management methods are revised to do just that. It is appropriate to manage for revenues, but operations need to avoid long-term damage to the productivity of the forest and its myriad other benefits, and needless management costs need to be reduced.
 
It makes sense to negotiate a Habitat Conservation Plan that would keep the forest in public ownership, provide protection to imperiled salmon and wildlife, allow restoration-based thinning in Elliott’s plantation forests that could generate local jobs and timber products, and contribute revenue to the school fund. Ultimately, it would provide certainty and balance into the future.
 
In 1968, the people of Oregon amended the state Constitution to require that school trust lands, like those found in Elliott, be managed by using sound management methods that do not impair the many beneficial uses of the forest lands while also generating revenue. This clear legal direction is possible to achieve by using sustainable management practices while keeping the forest in public ownership.
 
It is time for Gov. Brown, Secretary of State Atkins and Treasurer Wheeler to ditch this privatization plan and show leadership around this issue, especially since the forest will only become more valuable to our society and the school trust as time goes on.
 
Removing Elliott from public ownership will remain controversial and will preclude future generations from enjoying substantial benefits from this unique and valuable resource.
 
Our leaders need to get it right before it is too late.
 
Rod Sando of Woodburn is a past director of the Minnesota Department of Natural Resources, where he oversaw management of trust lands.
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