February 6, 2013
By Adrian Black Eugene Weekly
August 15, 2013
Volunteer surveyors in Elliott State Forest recently discovered nesting behavior by the marbled murrelet, a sea bird protected under the Endangered Species Act, on one of three parcels of land being assessed for sale by the State Land Board.
The sale would ultimately be for logging purposes. Last year, Cascadia Wildlands and two other conservation groups filed a lawsuit against the board — including Gov. John Kitzhaber — as well as the Oregon Department of State Lands (DSL) and Department of Forestry, which oversee the Elliott. The result was a U.S. District Court injunction on “further logging activities in known occupied marbled murrelet sites in the … Elliott State Forest.”
A land board meeting in June deemed the parcels of the Elliott, where logging feeds Oregon’s Common School Fund, qualified for sale due to non-profitability. Nick Cady, an attorney with Cascadia Wildlands, calls that solution a “petulant, short-term money grab” that is “definitely not in the interest of the Oregon public or its school children.” Divesting assets also doesn’t address the origins of the revenue failure. “It’s time for [the state] to take responsibility for their core management practices. This privatization plan is just another way to evade reality,” says Erin Grady of Cascadia Forest Defenders. “The way they clearcut in the Elliott is still the way they did it in the ’70s.”
“We believe they’re going to try to sell the entire [85,000 acres] of the Elliott,” Cady says. “This is a test run to see if they can get away with it.” The board and DSL continue to push sales and, according to conservationists, deflect habitat concerns. The largest parcel in question, Adams Ridge — roughly 1,600 of the total 2,700 acres — is where Coast Range Forest Watch surveyors documented areas occupied by the murrelet, which nests in old-growth forests. The surveyors will submit their findings before a comment period ends Sept. 3.
Even though the court case will not be settled federally until next year, the 2,700 acres would go to auction, pending a State Land Board meeting on Dec. 10 to review public comments. “Supposedly green politicians that Oregon has elected will decide to privatize this land unless we can stop it,” Grady says.
November 27, 2013
ELLIOTT STATE FOREST — The state has withdrawn more than 900 acres of planned Elliott State Forest timber sales, pending the outcome of an environmental lawsuit.
The Oregon Department of Forestry instead plans to open 465 acres of alternative logging sites not named in the lawsuit.
'It's certainly nowhere near what was proposed in the annual operating plan," said Kevin Weeks, a spokesman for the Forestry Department. As Elliott logging funds the Common School Fund, Weeks estimates the shift will cost the CSF $9.85 million in revenue in 2013.
The state had already suspended logging on about 800 acres of timberland slated to be clearcut in 2012, said Josh Laughlin, a spokesman for Cascadia Wildlands.
The environmental groups say deferred logging means another year of protection for the endangered marbled murrelet sea bird.
The lawsuit, filed in May by Cascadia Wildlands and several other environmental groups, alleges the state's logging practices violate the Endangered Species Act by killing the sea birds.
'All the current scientific information suggests the sea birds' population is continuing to plummet in this region," Laughlin said. 'Clear cutting of its nesting habitat is a factor. To us, that suggests that public agencies like the Department of Forestry should take stronger measures to ensure their survival."
The suit will be heard by a federal judge sometime next year, Laughlin said.
If the judge decides in favor of the environmental groups, the state would have to drastically adjust its forest management plan.
Cascadia Wildlands hopes the state will pursue a habitat conservation plan, which manages the forest as a whole, allowing logging in certain regions and preserving other regions as habitat for endangered species.
Such a plan must be approved by federal agencies, as it allows the state to log areas where endangered species live. The state managed the Elliott with a habitat conservation plan for years, but scrapped it in 2011 because the National Marine Fisheries Service would not approve the plan, saying it did not adequately protect Coho salmon.
Under the current forest management plan, all areas of the state forest are open to logging so long as no endangered species live in the immediate vicinity. Areas where murlets nest are protected from logging. The method is called 'take avoidance."
Cascadia Wildlands disapproves of this method because it fails to conserve uninterrupted habitat, instead creating a patchwork of logged and unlogged areas.
Reporter Jessie Higgins can be reached at 541-269-1222, ext. 240, or email@example.com.
“The state of Oregon has been playing fast and loose with the law for years in the way it claims to 'protect' the imperiled marbled murrelet,” said Francis Eatherington, conservation director of Cascadia Wildlands. “The decision to further defer hundreds of acres of clearcuts is one that we welcome and provides interim relief for the murrelet.”
Plaintiffs discovered the logging deferral announcement in an Oregon Department of Forestry memo, dated Sept. 19, 2012, that was just recently posted to the Department's website. The memo suggests that the State will defer 15 additional timber sales until the lawsuit currently pending in U.S. District Court is resolved, and that the State will work to identify other logging projects that are free of the contested issues in the case. Plaintiffs have long advocated the state focus its timber operations on young plantation forests in need of restoration rather than older forests that are critical to the survival of a host of endangered species, including marbled murrelets.
“Logging on state forests cannot be done at the expense of the survival of the marbled murrelet or any other animals that depend on old forests for their survival,” said Noah Greenwald, endangered species director with the Center for Biological Diversity. “The last remaining old forests in Oregon are precious and need to be protected not just for the marbled murrelet, but for future generations.”
The most recent status review of the murrelet by the U.S. Fish and Wildlife Service found the birds have been declining by about four percent per year and that this decline relates to continued loss of habitat, primarily on state and private lands.
The State of Oregon recently abandoned its decade-long attempt to develop habitat conservation plans (HCPs) for the Elliott, as well as the Clatsop and Tillamook State Forests, that would have given it a federal permit for limited impacts to marbled murrelets in exchange for habitat protection measures designed to enhance the bird's conservation. Rather than improving habitat protections, the state walked away from the HCP process altogether and instead ramped up logging on all three forests. The lawsuit seeks to force the State to halt logging practices that are harmful to murrelets until it develops a plan that will protect murrelets and the mature forests on which the birds and other species depend.
“It is time for the State to return to the table and negotiate a balanced plan for each of the state forests that will provide adequate protection for the murrelet, allow for responsible and sustainable logging, and ensure that the State meets the requirements of the Endangered Species Act,” said Bob Sallinger, conservation director for the Audubon Society of Portland.
The conservation organizations are represented by outside counsel Daniel Kruse of Eugene, Tanya Sanerib and Chris Winter of the Crag Law Center, Nick Cady of Cascadia Wildlands, Scott Jerger of Field Jerger LLP, and Susan Jane Brown of the Western Environmental Law Center.
Those times when the folks at Cascadia Wildlands are most quiet are generally the times when we are most busy. That is certainly the case with the marbled murrelet lawsuit over logging in the Elliott and two other state forests in Oregon. Right now our lawyers are deep into the “discovery” phase while the de facto injunction on logging 10 sales in murrelet habitat continues. Discovery is where members of our staff produce any and all documents or communications that we might have—electronic and hardcopy—relating to the murrelets or the Elliott and our work with both. It is also an opportunity to procure the state of Oregon's documents pertaining to marbled murrelets and state forest management.