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Thank you for your generosity to FSEEE! Your support helped us achieve the victories listed belowwe could not do it without you. Due to the turbulent economy, donations are down this year. If you can help out with an end-of-year gift, it would make a big difference for our forest conservation work. Please read on to see what we accomplished in 2008! 2008 Accomplishments Support Obtained for Designation of Wassen Creek as Wilderness
CONGRESSIONAL AND PUBLIC SUPPORT OBTAINED FOR DESIGNATION OF WASSEN CREEK AS WILDERNESS FSEEE has been working to obtain both public and congressional support for the designation of Wassen Creek as a new Wilderness Area. Wassen Creek is the largest roadless area in federal ownership in Oregons coast range. The Creeks very pure, cold water is important for endangered salmon runs and its spotted owl habitat is the most productive in the region, a crucial element of the owls continued survival. This year, we organized a grassroots campaign to highlight Wassen Creek. FSEEE has taken dozens of folks down to Wassen Creek, and hosted events around the state to introduce people to this special area. And we have more trips planned for next spring. We also asked you, our members, to contact your congressional representatives to save Wassen Creek. Your calls and letters definitely had an impact on Congressman Peter DeFazio, (D-OR), a senior member of what we anticipate will be a powerful pro-environment majority in both houses of Congress next year. He sits on the House Natural Resources Committee and the Subcommittee on National Parks, Forests and Public Lands. On October 21, 2008, we took Peter and his staff on a successful expedition into Wassen Creek.
Our cross-country bushwhack (about 8 miles round-trip) was led by spotted owl surveyor Chris McCafferty, accompanied by Dr. Eric Forsman, a Forest Service wildlife biologist. Peter and Chris combined their GPS skills to bring us to Wassen Creeks remote Devils Staircasea series of majestic waterfalls. Along the way we saw an Oregon red-legged frog, Pacific giant salamander, lots of mushrooms, and much evidence of Wassen Creeks large herd of elk. Peters visit to the site, combined with your calls and letters, have made big difference. He has now pledged to help protect Wassen Creek as a Wilderness Area! WILDLIFE AND HABITAT PROTECTED FROM DESTRUCTIVE CATTLE GRAZING Cattle grazing on National Forests wreaks havoc on the environment. Cattle erode stream banks, displacing native fish and other water creatures. Cows also cause water temperatures to increase by trampling shade plants and creating wider, more shallow stream beds, forcing out species that require colder water to survive. And cattle spread invasive species that reduce or eliminate native vegetation. On the Fremont-Winema National Forest in Oregon, the forest plan requires cattle to be excluded from streamside areas if they harm sensitive species habitat. An investigation revealed that cattle grazing was harming the Oregon spotted frog, a creature that the U.S. Fish and Wildlife Service found was threatened with extinction. The frog was not added to the list of federally protected species, however, due to a lack of funding. Without official federal protection for the frog, the Forest Service gave in to pressure by the cattle grazing permit holders and ignored the findings of the Fish and Wildlife Service that the frog population was rapidly declining. On March 11, 2008, FSEEE filed suit in federal court to force the Forest Service to follow its own management plan and exclude cattle from sensitive streamside areas. In response to our case, the Forest Service agreed to build a new 4-mile fence to keep cows out of the sensitive area. The fence was completed August 2, 2008. FSEEE staff visited the site several times to ensure that the fence was constructed properly. We will continue to monitor the enforcement of the fence lines as well as seek a court ruling that the Forest Service should reduce the number of cows on the grazing allotment. COMMENTS SUBMITTED ON 29 FOREST PROJECTS Throughout 2008, FSEEE prepared and submitted detailed comments on 29 National Forest projects. We put the Forest Service on notice that we have investigated their actions, found violations of the law, and that well enlist the help of the courts if the changes outlined in our comments are not implemented. Heres a list of the projects we commented on this year:
As always, please feel free to call, write or email for more details about any of these projects. A GREATER UNDERSTANDING OF THE ISSUES, FOREST-BY-FOREST National Forests are the cornerstones of efforts to connect fragmented habitat and restore wildlands in the United States. We will soon emerge from the conservation wilderness, so to speak, of eight years of the Bush Administration. Hopefully, President-elect Obama will work with a Congress with a stronger conservation agenda. Even with a pro-environment President, we need to be equipped with vision for future management of National Forests that is informed by practical, on-the-ground knowledge. FSEEE has strong ties with Forest Service employees who are performing the forest planning functions as well as the employees doing the day-to-day work. And we enjoy support from within the Forest Service at all ranks. In addition, our membership includes conservation-minded agency personnel and we have a long history protecting forests through support of Forest Service whistleblowers. These connections place FSEEE is in a unique position to cultivate the knowledge and relationships necessary for future forest protection successes. To help formulate this vision for the future of our public forests, FSEEEs Policy Analyst, James Johnston, has embarked on an ambitious review of every National Forest in the country. This summer he traveled to 41 National Forests and grasslands in Nevada, Utah, Colorado, Kansas, Nebraska, South Dakota, North Dakota, Montana, Wyoming and Idaho. Back in the office to organize his findings, hell resume his travels to more National Forests in January. James met with more than 400 Forest Service employees, talking with them about the challenges the agency is facing, including fire management, budgets, outsourcing, consolidation of function, travel management planning, thinning projects, the roadless rule and more. He also met with dozens of FSEEE members, hundreds of other citizens, and local conservation groups to get their input.
If you havent already, you can read about James work at http://fseeeblog.fseee.org. National Forest landscapes are changing and are likely to continue to change dramatically over the next few decades in response to fire, fire suppression, insects and climate change. FSEEE is convinced that the Forest Services forward mission has to do with re-introducing fire to the landscapes and providing ecosystem services such as water production and carbon storage to mitigate the effects of global warming. FSEEE will be making recommendations on National Forest managementto the incoming administration, Congress and the conservation communitythat clearly identify the key challenges and opportunities that lie ahead. Your support is invaluable to FSEEEs mission of protecting our 192 million acres of National Forests. Please help FSEEE meet the ongoing challenges faced by our public forests by making a year-end gift. Thank you! 2007 Accomplishments Thank you for your generosity to FSEEE! Your support helped us achieve the victories listed below. Old-Growth Forest Saved on the Six Rivers National Forest
OLD-GROWTH FOREST SAVED ON THE SIX RIVERS NATIONAL FOREST FSEEE has been closely monitoring the timber sale programs of National Forests in northern California, including the Six Rivers, Mendocino, Klamath and Shasta-Trinity National Forests. These forests, managed under the Northwest Forest Plan, comprise the southern extent of the range of the northern spotted owl, whose population continues to decline precipitously as a result of habitat loss. All of these forests timber sale programs received a 30% boost in funding from the Bush administration to get the cut out in 2007. One of the most environmentally destructive timber sales being planned by these forests was the Little DoeLow Gulch timber sale on the Six Rivers National Forest. The Forest Services preferred alternative included 500 acres of clear-cut logging in old-growth forest, prime spotted owl habitat. On January 5, 2007, FSEEE filed an administrative appeal which argued, among other things, that the Forest Service had failed to perform surveys for owls and didnt know how many owl breeding pairs would be affected by logging. In their Record of Decision released September 5, 2007, the Forest Service dropped all clear-cutting from the project. TOXIC MINING HALTED ON THE SUPERIOR NATIONAL FOREST In January, FSEEE won a big victory for the north woods by challenging the Forest Services decision to let large mining companies search for valuable minerals in Minnesotas Superior National Forest. The mining could have negatively impacted the Boundary Waters Canoe Area Wilderness. The Superior National Forest lies atop the Duluth Complex, a large reservoir of copper, nickel, platinum, palladium, and titanium. Development of the area hasnt been feasible until recently due to technological and economic issues. But new technology and very high commodity prices mean that the resource can be effectively exploitedand the Forest Service is trying to authorize dozens of new mining operations. This type of hard rock mining can create enormous environmental impacts, including miles-long tailing ponds of toxic pollution. The Forest Service, however, did not conduct any environmental analysis of the long-term impacts of allowing mineral exploration in this world-class public wilderness area. FSEEE filed an appeal stating that the Forest Service needed to prepare a broad scale environmental analysis of the long-term impacts of mining. The Forest Service initially denied our claim, asserting that we had no right to appeal decisions when no environmental analysis was involved. Then on January 3, 2007, they abruptly withdrew plans for the toxic mineral exploration and initiated the environmental analysis that FSEEE requested. GRAZING PERMIT WITHDRAWN IN THE MARBLE MOUNTAIN WILDERNESS OF THE KLAMATH NATIONAL FOREST Livestock grazing on National Forests, perhaps even more than logging and roadbuilding, has profoundly altered native ecosystems. Amazingly, the practice of allowing private ranchers to run cattle at little or no cost on public lands has almost entirely avoided environmental scrutiny. Since the late 1990s, the Forest Service has been exempt from preparing environmental analyses of grazing allotments. Hundreds of thousands of acres of range are open to cattle, with no consideration for impacts to soil, streams or other wildlife. To make matters worse, in 2004 Congress passed a rider on an appropriations bill that allowed cattle grazing plans to be categorically excluded from environmental analysis. The Forest Service is not exempt, however, from following the requirements of the Endangered Species Act, which protects endangered species like the bull trout and the gray wolf from the impacts of grazing allotments. The Forest Service is currently in the process of reauthorizing hundreds of permits to graze cattle on National Forests all over the country. FSEEE filed an appeal challenging grazing that runs afoul of other laws that Congress has passed, including grazing in Congressionally designated wilderness. In addition to challenging grazing in public forests on a national level, FSEEE has been busy this year challenging individual grazing allotments. Specifically, we filed comments on three different grazing allotments on the Caribou-Targhee National Forest, one allotment on the Helena National Forest, one allotment on the Malheur National Forest, one appeal of an allotment on the Wallowa- Whitman National Forest, one appeal on the Caribou-Targhee National Forest, one appeal on the Bridger-Teton National Forest, and six appeals on the Marble Mountain Wilderness of the Klamath National Forest. In response, so far the Forest Service has withdrawn the grazing permit for the Kidder allotment on the Klamath National Forest. And we expect to hear similar results on many of the other appeals we filed. FSEEE will continue to work to ensure that your National Forests are not used for private grazing at the expense of native wildlife. SECURE RURAL SCHOOLS ACT EXTENDED For almost 100 years the fate of federal forests has been inextricably tied to local county government budgets. Under a 1907 law, from each dollar paid by timber companies for national forest timber, the local county where the logging occurs receives 25 cents. In Pacific Coast states, especially Oregon, the money added up fast. County governments became the most significant political force behind maintaining unsustainable logging levels on federal lands. With the increased protection granted to ancient forests for wildlife and water quality protection in the early 1990s, county governments faced a potentially calamitous budget crisis. Congress, with FSEEEs support, has stepped in with a series of spending bills to maintain county revenues near their historic levels. The 7-year Secure Rural Schools and Community Self-Determination Act was the most important of these bills. But it expired last year, leaving counties in the lurch once again. FSEEE staff worked with members of Congress to have the law renewed. And FSEEE members helped clinch the deal by calling their senators and representatives. As a result, Congress has extended that law for one additional year. There are also positive signs that a multi-year measure that more equitably distributes federal payments among counties will gain passage this year. FSEEE supports both measures as important to the protection of federal forests, especially irreplaceable ancient forests. We will continue working to ensure that ancient forests are not threatened by county governments that cannot tax federal land. COLLABORATIVE PROGRAM ESTABLISHED Fulfilling our mission to forge an ecological value system for the Forest Service has meant aggressive litigation and advocacy in recent yearsoften on behalf of Forest Service whistleblowers. We remain committed to doing what is necessary to protect the old-growth forests, roadless areas, and pristine streams and rivers that are the hallmarks of the national forest system. At the same time, FSEEE has launched an innovative new program that attempts to build partnerships between activists, agency leaders and traditionally hostile interest groups like the timber industry. We hope to fulfill our organizations mission through collaboration, not just conflict. FSEEE has a long history working on the Malheur National Forest in eastern Oregon. The Malheur is bigabout 1.7 million acres. Its diverse and beautiful scenery is typical of the inner-Columbia basin and includes high desert grasslands, sage and juniper, old growth ponderosa pines, alpine lakes and jagged mountain peaks. The Malheur is a flagship forest, one of those forests that the Forest Service looks to provide the bulk of timber and grazing range for a region, and whose methods are copied throughout the country. For decades, the Malheur has come through, cutting hundreds of thousands of acres of old- growth ponderosa pine and providing range for thousands of cattle. On that front, last year FSEEE stopped the Malheurs High Roberts timber sale and saved old growth. As part of our new collaborative program, we invited a group of diverse stakeholders on the Malheur, including agency personnel, conservationists, rural community leaders, mill owners, ranchers and county commissioners to meet and try and establish some common ground about the future of land management in the area. After several positive conversations we formed a group that would work together to implement land management projects that all sides can agree on. Our first project is working with the Forest Service on restoration forestry in the Dads Creek watershed. Dads Creek was the site of some of the first logging in the area, where tens of thousands of acres were clear-cut by railroad logging methods in the 1920s. The soils and streams were severely damaged and the widely spaced low elevation old-growth ponderosa pine forest has been replaced by a dense forest of much younger pines and firs. The Forest Service is currently working on an environmental assessment of this project, and project implementation, overseen by our collaborative group, is slated to begin by the end of this year. Income from the sale of some of the commercially merchantable small diameter timber that will result from this sale will be used for stream restoration and road closure projects. Your support has allowed us to: (1) Build bridges between conservationists and traditionally hostile stakeholders that can be leveraged into future collaboration on difficult environmental challenges, including grazing, and climate change driven forest disturbance; (2) Create models for collaborative resource management that work and that can be used on other forests; and (3) Create visibility for conservation opportunities among Forest Service employees and recruiting new members and supporters. Over the next several years, FSEEE will continue this outreach to a broad spectrum of stakeholders. We will recruit participants to a collaborative working group, and work closely with Forest Service staff to identify land management projectssuch as small diameter thinningthat can achieve ecological objectives while producing wood products for local industry. We will build support for these sorts of projects in stakeholder meetings and sponsor educational forums, create educational materials and publicize collaborative work. Our goal is for the Malheur National Forest to become a flagship forest for the land ethic that will change the way the Forest Service conducts business in the 21st Century. 2006 Accomplishments
Wolves Protected from Hunting
The Frank ChurchRiver of No Return Wilderness is the largest wilderness area in the lower fortyeight states. It represents the ideal of untrammeled wilderness and is a stronghold for the gray wolf.
Idaho was hoping to institute a small but lucrative wolf hunt, and wanted to gather population data to support that goal. To do so, Idaho petitioned the Forest Service to land helicopters in remote areas of the wilderness in order to radiocollar and track the wolves.
The 1964 Wilderness Act and the 1980 Central Idaho Wilderness Act prohibit motorized transport into wilderness unless there is a lifeordeath situation. Clearly, wolf collaring and hunting are not valid exceptions to those laws.
FSEEE worked with the Regional Forester to stop the wilderness invasion and proposed hunt. In January, Idaho withdrew its request.
Scientists Free Speech Vindicated
Oregons Biscuit forest fire was not only the largest in recent memory, it is the most studied. In January, Oregon State University researchers published results in the journal Science that challenge the notion that salvage logging is necessary to restore burned forests. The scientists data showed just the opposite. There were 70% fewer seedlings in the salvage logged forest versus the unlogged forest. Logging also increased flammable fuels on the forest floor.
The study would have received little notice, but for efforts to censor it. First, several foresters with longstanding ties to the timber industry asked Science not to publish the study, arguing that the peer review had been faulty. Science editors refused. Email messages revealed that the Forest Service helped instigate the attack against the independent scientists, together with the dean of Oregon State Universitys College of Forestry and several professors with financial ties to the timber industry. Next, the Bureau of Land Management (BLM) suspended funding for the study, arguing that the research constituted impermissible lobbying.
FSEEE came to the defense of the university scientists. Our efforts paid off with media coverage of the censorship and communications with key members of Congress. Rep. Jay Inslee, DWash., asked the Interior Departments inspector general to examine whether the BLM was punishing researchers for their findings, stating on the House floor on February 7, 2006,
Its very apparent to most neutral observers that under this administration in a variety of ways that the scientific process has been corrupted by political influence. It goes back to Galileo being punished for his views. Facing a congressional inquiry and a barrage of negative publicity, BLM restored the scientists funding. As a result of this inquiry as well as FSEEE member calls to their senators, Congressman Greg Waldens salvage legislation now faces a steep uphill battle in Congress.
Illegal Roadbuilding Stopped in Tongass National Forest
On May 26, 2006, a federal judge ordered the Forest Service to stop working on two disputed logging roads in the Southeast portion of the Tongass National Forest.
The court sided with FSEEE and Glen Ith, a Forest Service biologist, who sued the Forest Service for violations of the National Environmental Policy Act (NEPA). The case asserts that logging roads should not be built without a public environmental review and that the Forest Service is trying to promote logging by circumventing NEPA.
While the injunction remains in place, we are moving forward with the case in order to set the precedent that the Forest Service cannot rebuild old logging roads on the Tongass without notifying and involving the public and without considering the overall impacts of the reconstruction and planned timber sales in the same area.
On October 6, 2006, we filed a Motion for Summary Judgment in the hopes that we can obtain a strong court decision that will make it clear to the Tongass National Forest that it cannot continue its current practices. The Forest Service filed its response on October 27, 2006, and oddly enough, admitted that its illegal roadbuilding activities were related to pending timber sales and that the proper relief would be a permanent injunction preventing further road maintenance or reconstruction.
For the past two years, FSEEE has been working with two whistleblowers on the Malheur National Forest in eastern Oregon to halt logging of oldgrowth ponderosa pines on the edge of the Strawberry Mountain Wilderness Area. A fire burned through the area in the summer of 2002, and the Forest Service decided to salvage log. The largest and most valuable trees in the area were the oldgrowth ponderosa pine trees unharmed by the fire, while the trees that were actually killed by the fire were mostly saplings and species with little commercial value.
In order to log these valuable trees, the Forest Service needed to figure out a way to get around a rule that protects all live ponderosa pines in eastern Oregon and Washington greater than 21 inches in diameter. So the Forest Service created a new set of guidelines under which nearly all of the pine trees were marked as dying.
When the Forest Service finally got around to begin cutting the trees two years later, they were still green, healthy and growing. With the help of two whistleblowers, we filed suit, and won a preliminary injunction that prevented the trees from being cut.
On March 23, 2006, the judge decided to hold off ruling on the more complicated issues surrounding whether the trees were in fact dying, and ordered the Forest Service to process an administrative appeal from FSEEE.
On May 18, 2006, FSEEE supplemented the existing administrative record with an extensive appeal, based on the work of our whistleblowers and an expert tree physiologist, Dr. Richard Waring. The research documented that the oldgrowth pines are still alive, that they are healthy and thriving, and that the Forest Services guidelines have serious statistical and scientific flaws.
In response to our analysis, the Forest Service withdrew the High Roberts timber sale on August 24, 2006. Hundreds of acres of healthy oldgrowth ponderosa pine trees are now safe from being logged.
Forest Service Drops Fire Appeal
For decades, the Forest Service has used toxic chemical fire retardant while fighting wildfires on National Forests. The agency uses millions of gallons of these chemicals every year, which has resulted in major fish kills. Despite its widespread use, the Forest Service has never assessed the environmental effects of the retardant in an environmental impact statement. FSEEE therefore filed suit in 2003 to force the Forest Service to comply with the National Environmental Policy Act (NEPA) and the Endangered Species Act concerning its use of retardant.
In September, 2005, Judge Molloy of the federal district court in Montana agreed with FSEEE that the Forest Services decision not to analyze its annual dumping of chemical fire retardant on National Forests was unreasonable. The court also agreed that the Forest Service is required to consult with the United States Fish and Wildlife Service concerning its use of retardant on threatened and endangered species.
Although the court ordered the agency to comply with NEPA and the Endangered Species Act, no deadline was imposed. In response, FSEEE requested a reasonable compliance schedule, suggesting that 13 months should be sufficient for the Forest Service to prepare the required environmental impact statement. The Forest Service responded that any compliance schedule was inappropriate, and that even if one was imposed it should allow the agency 30 months.
The court agreed with FSEEE that the Forest Service should be held to a schedule and on February 8, 2006, ordered the Forest Service to prepare the required NEPA analysis within 18 months. On September 29, 2006, the Forest Service voluntarily dismissed the appeal it had filed, thereby capitulating to the courts ruling that the Forest Service must analyze the effects of the toxic retardant.
FSEEE has a new staff member, James Johnston. James has more than ten years of experience working to protect public lands. A graduate of the University of Oregon, he founded Cascadia Wildlands Project, a conservation group dedicated to the protection of endangered ecosystems in Washington, Oregon and Alaska. In the last decade he has worked on the comment, appeal and litigation phases of more than 300 public land projects in twelve states.
As FSEEEs Policy Analyst, James is working on a number of projects. To name a few, he is:
preparing scientific challenges to biological opinions that adversely impact spotted owl habitat in the Rogue, Siskiyou, Umpqua and Klamath National Forests.
working to highlight ecologically responsible thinning operations by reviewing and commenting on environmental assessments and impact statements for the Deschutes, Malheur, Six Rivers, ShastaTrinity, Klamath and Medocino National Forests, and
monitoring U.S. Forest Service plans to clearcut aspen groves throughout the San Juan National Forest in response to a mysterious dieoff of trees.
preparing comments for four states that have begun implementation of the new national OffHighway Vehicle Rule, to ensure that areas in which OHV use is allowed are properly designated and mapped.
Member support helps FSEEE meet the ongoing challenges to the current and long-term health of our public lands. Thank you! If you have any questions or comments about our victories or ongoing projects, feel free to call, write or email us at:
(541) 484-2692 |