Photo by Ellen Miller
Showing posts with label ESA. Show all posts
Showing posts with label ESA. Show all posts

Monday, August 7, 2017

Elliott State Forest – Who would believe this???

Elliott State Forest – Who would believe this???

The Elliott State Forest in Southwestern Oregon is a sad reminder of how far off center public forest management has become. The Elliott, once the quintessential managed forest boasting spectacular, rugged scenery and home to a world class Douglas fir forest, is now destined to be mired in bureaucratic gridlock as elected officials have punted on a rational solution to this unique forest.

Previously, the Elliott provided millions of dollars to Oregon’s Common School Fund while generating a once reliable supply of timber for local forest product manufacturers and loggers. This resulted in thousands of family-wage local jobs.

The Perfect Storm of environmentalist litigation, bureaucratic incompetence and timid elected officials led to the current situation that has the State of Oregon selling $100 million in bonds to pay for half the value of the Elliott to the Common School Fund.

Meanwhile, the State Land Board, the Constitutional manager of the Elliott, has retained the Department of Forestry, ODF, to negotiate a Habitat Conservation Plan, HCP, with the US Fish & Wildlife Service and the National Marine Fisheries Service. Wait, isn’t that how we got here?

ODF spent ten years in a failed try to negotiate an HCP with the Federal agencies. The futile effort led the SLB of John Kitzhaber, Kate Brown and Ted Wheeler to give up on the effort and adopt a modified Endangered Species Act strategy which led to litigation. The Department of Justice surrendered without a fight and paid the environmental non-profits $400,000.

The lack of timber revenue led to a failed attempt to sell the Elliott in order to meet their responsibilities to the CSF by the Kitzhaber-Brown-Wheeler SLB. Governor Kate Brown and new Treasurer Tobias Read flipped flopped over and over enough to torpedo the sale to Lone Rock Resources the only bidder for the $220.8 million Elliott.

Now we have Oregon spending twice as much in bonds to pay the CSF for half of the Elliott, all the while for a forest it already owns. It is only believable if own has witnessed the decades of twists and turns over the Elliott.

Let’s not forget that the Oregon State University School of Forestry is trying to raise $120 million to pay for the balance of the Elliott. Forestry Dean Thomas Maness wants to turn the once hard-working Elliott into a research/experimental forest to explore forest management and endangered species relationships.


Meanwhile, the CSF is on the hook for the forest and road management costs and fire protection assessments as ODF again tries to negotiate and implement an HCP. As we have seen for the past 25 years, nothing with the Elliott happens quickly. Stay tuned.








Tuesday, March 25, 2014

Salmon litigation threatens state forest production

Salmon litigation threatens state forest production: Guest opinion
Guest Columnist

By Guest Columnist 
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on March 22, 2014 at 12:22 PM
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By Tim Josi
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Salmon litigation threatens state forest production: Guest opinion

coho2.JPG
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.

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.

Tuesday, May 21, 2013

Rough & Ready Lumber, Josephine County's last sawmill, a casualty of southwest Oregon's enduring timber wars

Rough & Ready Lumber, Josephine County's last sawmill, a casualty of southwest Oregon's enduring timber wars

(Gallery by The Associated Press)
Scott Learn, The OregonianBy Scott Learn, The Oregonian 
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on May 20, 2013 at 5:06 PM, updated May 21, 2013 at 12:29 PM
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CAVE JUNCTION – Here lies Rough & Ready Lumber. The last sawmill in Josephine County closes next week, a grim milestone in the persistent stalemate over logging that's peculiar to this unique corner of Oregon.

In much of western Oregon, the 1990s timber wars have given way to a shaky détente, with a focus on thinning and light-touch restoration in federal forests.
In southwest Oregon, the battle still runs hot.

High unemployment raises the stakes here. So does a storied timber history and a heavy reliance on dwindling logging revenues from federal forests to fund county government. 

Three Oregon Congressmen want to more than double logging in the region's O&C Lands, forests shifted to the feds after an early 20th Century railroad deal went sour.

But the consequences are uniquely high for environmentalists, too, who said no to big increases in logging when Gov. John Kitzhaber convened an O&C Lands task force last year to attempt a compromise.

Josephine County and its neighbors sit in the Klamath-Siskiyou eco-region, one of the most biologically diverse places on the planet. The landscape, warmer than Douglas fir strongholds to the north, supports 36 species of conifers alone and some of Oregon's top runs of salmon and steelhead.

Meanwhile, Josephine County voters decide today whether to increase their lowest-in-the-state property taxes to partially plug the gap left by logging reductions.

"Everybody views this as black and white, and it's just not that way," says Tom Tuchman, Kitzhaber's forestry adviser. "Finding a balance is an incredibly difficult thing to do."

Mill moments

Jennifer Phillippi's grandfather opened Rough & Ready 90 years ago, a safe bet in a county that's two-thirds federal forests. At the mill, the snowcapped Siskiyou Mountains hang on the horizon, and the smell of sawdust still lingers.

But the mill stopped sawing last month, with Phillippi and her husband, Link, citing a lack of reliable log supply from public lands.

Federal timber production and jobs at Oregon mills have fallen dramatically since 1990, when the northern spotted owl was listed under the Endangered Species Act

Bigger, more efficient mills and the huge housing construction drop in the recent recession contributed as well.

Rough & Ready was among 22 sawmills in Josephine and Jackson counties in 1975, the Phillippis said, down to none now.

The mill was small, running one shift with 85 jobs. And the recession stung. But the problem wasn't demand, said Jennifer Phillippi, one of three co-owners.
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"We have customers who are dying for it," she said. "The only thing we don't have is the logs."

In 2002, Rough & Ready shut down its small-log mill running three shifts. It needed millions in investment to compete in commodity timber, said Link Phillippi, the mill's president. 

Nearby lumber, needed to keep costs low, wasn't steady enough, he said.

Instead, they upgraded a large-log mill and built a niche in appearance-grade lumber for exposed beams and high-quality windows and doors.

For that, they needed the clear, knot-free pine and fir that runs toward the outside of larger logs. The ideal: 80- to 100-year-old second-growth logs -- not old growth, the Phillippis stress -- 22 to 24 inches wide.

The mill put out "one of the best products in the sawmill business," says John Dunkin president of Rogue Valley Door, one of the largest U.S. manufacturers. These days, his company buys wood from Canada.

Forest politics 

The Phillippis say environmental groups helped stifle timber sales, protesting five of the last six U.S. Bureau of Land Management sales with Rough & Ready as the winning bidder. BLM handles most of the O&C Lands.

An industry group protested the sixth sale for lack of log supply, but withdrew it after Rough & Ready won the bid. BLM also removed two large sales in 2006 after protests, Link Phillippi said.

"Rarely do we buy a federal timber sale that we can operate right away. It usually takes a year or two. Sometimes they get eliminated."

Oregon Timber
JOBS
1990: 63,700
2010: 25,300
SAWMILLS
1988: 165
2008: 116
2012: 69
O&C LANDS
Annual growth: 1.2 billion board feet
Industry favored cut: 500 million
Current cut: less than 200 million
SOURCES: U.S. Forest Service; Oregon Forest Resources Institute; Bureau of Land Management.
Oregon Democratic Reps. Peter DeFazio and Kurt Schrader, and Republican Greg Walden are pitching a deal in the U.S. House to more than double logging on O&C land.

Their proposal, supported by industry, would put 1.5 million acres of previously logged forests in a trust run for timber production and managed under more lenient state laws for private forests -- a shift designed to limit environmental appeals.

The U.S. Forest Service would manage the remaining 1.1 million acres with a focus on retaining old growth. The Rogue Wilderness would get 56,000 more acres.

The plan could fly in the Republican-controlled House. It stands little chance in the Democrat-controlled Senate, Oregon Sen.Ron Wyden has warned.

DeFazio's approach is the "only hope for federal timber in our region," Link Phillippi said. But after decades of battling, the Phillippis said, the prospects are too dim for Rough & Ready to bank on.
Biggest and best
Eighteen miles down the Redwood Highway from the mill, Walter and Mary Camp manage their own 180 acres of forest with light-touch logging to improve forest health. Threatened coastal coho salmon teem in their pond.

DeFazio's proposal, which would apply Oregon's private logging rules to public forests, scares them, the Camps said.

Their property is surrounded by a mix of private and O&C forests, typical in southwest Oregon.

In 2008, Rough & Ready's timberland arm clear-cut 67 acres next door to the Camps, spraying herbicides afterward. That approach is allowed under Oregon's Forest Practices Act, and would extend to lands placed in the trust, the Camps fear.

The proposal "should terrify people across the nation," Mary Camp said.
Endangered Species Act rules on the trust lands would also be far less stringent. Many cuts would be in potential spotted owl habitat. And streamside protection would drop from putting nearly 40 percent of harvestable acres off limits to about 5 percent.

GS.31TIMB121-02.jpgView full size
In cooler, wetter northwest Oregon, BLM has focused on thinning projects. That tends to go over well in thick, second-growth Douglas fir stands clear-cut and replanted decades ago. Mills set up for small logs can process them into commodity lumber and other products.

Thinning is tougher to execute profitably and ecologically in southwest Oregon. Ecologists here focus on keeping larger pines and clearing smaller trees crowding them.

That's the rub for Rough & Ready: Larger trees like its mill needs, particularly pines, aren't left to grow on private lands, where more profitable 30- to 60-year rotations are the norm.
The Klamath-Siskiyou Wildlands Center has led many timber sale appeals.

George Sexton, the group's conservation director, says he offered to back off a lawsuit over a recent Rough & Ready sale, Rio Rumble, if BLM put trees less than 30 inches wide off limits.

The agency declined, saying older trees needed to be cut to prevent harmful mistletoe spread along the trees' crowns.

Rough & Ready and at least seven Oregon mills are relying on larger diameter trees from public lands, environmental groups estimate.

Rough & Ready's mistake was banking on bigger trees, particularly large pines, said Steve Pedery, Oregon Wild's conservation director. New regulations have cut harvests because past volumes were unsustainable, he said, harming streams, salmon and wildlife.

"It's not a good business model to depend on eliminating 20 years of conservation standards."

300 million feet apart
The governor hoped his O&C committee would compromise. It didn't.
The environmental representatives could swallow just over 200 million board feet a year, tapping an "ecological forestry" model with limited clear-cuts. Industry and county representatives stuck to 500 million, enough to meet county revenue goals.

staff report said meeting the revenue goals and abiding by environmental laws as interpreted now "appear to be mutually exclusive." It also said thinning projects would run out in 10 to 25 years.

Wyden has promised a strategy later this month to address the deadlock. The two sides could reconcile in conference committee.

The House proposal could use more streamside protection, DeFazio agreed. But it would pay for private forest streamside buffers, manage half the trust lands in at least 100-year rotations and add wilderness and some old-growth protections.

Industry has filed lawsuits for bigger cuts, arguing that O&C law sets aside the lands for "sustainable yield."

If the lawsuits succeed, "the environmentalists would be here in a second saying, 'We want old-growth protection and wilderness,'" DeFazio said. "At that point, I might not be able to get it."

Back at Rough & Ready, 19-year millwright Larry Mason is hoping for a solution. Josephine County's unemployment rate tops 11 percent. At last count, a quarter of its residents were on food stamps. Mason figures his chances of getting a local job are close to zero.
It could make you cry every night, Mason said.

"In this valley, there's no jobs. The kids my daughter went to school with, none of them have jobs. It's tough, man."

-- Scott Learn