By Tim Josi
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Salmon litigation threatens state forest production: Guest opinion
Coho salmon swim up Johnson Creek in December 2013. (The Oregonian)
When the coho salmon was listed as a threatened species under the Endangered Species Act, (ESA) the National Marine Fisheries Service (NMFS) was charged with developing a recovery plan, which included objective, measurable criteria for protection and ultimate delisting. They have deferred to Oregon’s recovery efforts.
Oregon’s results have been remarkable. Coho salmon spawning numbers in Oregon have reached record levels. In 2011, 356,246 native coho have returned to spawn. This is the largest return since recording began in 1950.
From 1998 through 2004 the Oregon Department of Fish and Wildlife (ODFW) placed non-lethal fish traps in two fairly short stretches of the Little South Fork of the Kilchis River and the Little North Fork of the Wilson River. The results were remarkable. When multiplying the numbers counted by the hundreds of miles of streams in the Tillamook State Forest, we can conclude millions of coho smolts migrate to our marshlands and the ocean.
What did we do? We started by developing the Oregon Plan for Salmon and Watersheds, which included improvements in forest practices. We also created watershed councils, which use lottery dollars to improve salmon habitat.
Between 1994 and 2003 the Oregon Department of Forestry (ODF) spent $29.1 million on fish-friendly culverts, bridges and road improvements. Significantly more improvements have been made since 2003.
What did we get for our efforts? Coho remains listed as a threatened species, as determined in 2007 by a ruling in federal district court. Even with the continued listing, the ODFW allows anglers to catch and keep adult native coho in certain areas due to their abundance.
Now we’re being threatened with a lawsuit. On Feb. 13, the Center for Biological Diversity (CBD) sent the state of Oregon a 60-day notice of intent to sue under the ESA. The CBD alleges that coho are “on the brink of extinction.”
Why is this threat of litigation happening now? Last June, the governor asked the state board of forestry (BOF) to start a planning effort to improve forests’ financial viability.
They aren’t producing adequate timber revenues to cover their costs. There is a general acceptance that the forest management plan must be modified and timber harvest levels increased. The Tillamook and Clatsop forests are growing at a faster pace than current harvest levels. Other sources of revenue are also being explored, but their potential is minimal. One might assume the CBD is not happy with the proposal to increase timber harvest levels – even if not doing so might put the ODF out of business.
State forests were deeded to the state over 70 years ago by 15 counties, including Tillamook. In exchange for the land transfer, the state agreed to manage these lands for a variety of purposes, but primarily for timber production to benefit the 15 trust counties. The counties were granted a share of timber sale receipts to fund county services, schools and districts such as recreation and transportation.
Forest management through litigation has been very effective at halting timber harvesting. Harvest levels in our federal forests dropped by 93 percent after the spotted owl was listed under the ESA in the early 1990s. Almost every timber sale is challenged in court. The result is overstocked forests that are prone to insect attacks, disease, blow-downs and massive forest fires.
Forest management through litigation has been very effective at halting timber harvesting. Harvest levels in our federal forests dropped by 93 percent after the spotted owl was listed under the ESA in the early 1990s. Almost every timber sale is challenged in court. The result is overstocked forests that are prone to insect attacks, disease, blow-downs and massive forest fires.
Recent marbled murrelet ESA litigation on the Elliot State Forest, in Coos Bay, has resulted in the removal of over 90 percent of that forest from timber production.
Now we have a threat to sue for coho ESA violations. If the CBD does litigate and succeeds, it may result in the shutting down of all state forestlands for timber production. Private forestlands are also in peril.
Litigation is also lucrative. Oregon paid $391,000 in litigation fees to those who sued the state over the marbled murrelet. In their intent to sue over the coho salmon, the CBD states: “If the Center is successful it will also seek recovery of its litigation expenses including attorney’s fees and costs.”
Tillamook County Commissioner Tim Josi is chair of the Council of Forest Trust Land Counties.
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