September 2, 2008
Since arriving in the Mattole Valley of Humboldt County in 1971, Richard Gienger has immersed himself in homesteading, forest activism, and watershed restoration. Richard's column covers a range of issues including fisheries and watershed restoration and forestry, plus describes opportunities for the public to make positive contributions in the administrative and legislative arenas as well as in their own backyards.
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Some of the notable local fires were the Paradise Fire, which burned about 1,000 acres on and near Paradise Ridge southeast of Kings Peak, and the Red Mountain Fire which burned almost 8,000 acres from two conjoined fires east of Leggett. Other fires in northwest Mendocino County, some of which triggered evacuations of residents, were the Lost Pipe, Middle (burned down to the east side of Highway 1 between Rockport and the DeVillbiss Ranch), Hardy Series, Little Juan Creek, and Dutch Charlie fires. The following are the areas for which California Department of Forestry and Fire Protection (CalFire) was responsible as of August 10th: 1,839 acres in Humboldt County and 32,620 acres in Mendocino County. The following are the areas for which the U.S. Forest Service was responsible: 102,035 acres in Six Rivers, 186,462 acres in Shasta-Trinity, 58,562 acres in Mendocino, and 92, 586 acres in Klamath. For this and related types of information, please visit this website of Geographic Area Coordination Centers. Also, check out the CalFire website.
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Coho Salmon
Coho are state listed as endangered from the southernmost extent of their range, which begins south of Santa Cruz and ends south of the Mattole River. Coho are listed as threatened from the Mattole River to the Oregon border. Under the federal Endangered Species Act, coho are endangered along the Central California Coast Evolutionarily Significant Unit (ESU) and threatened along the Southern Oregon-Northern California Coasts ESU.
Despite a long struggle by the public and fishery and watershed recovery interests, the Board of Forestry (BOF) and the Department of Fish & Game (DFG) passed rules in 2007 that the Environmental Protection and Information Center (EPIC), the Sierra Club, and California Trout, Inc. (CalTrout) felt provided for inadequate protection and recovery of coho salmon on California's private and state forestlands. Those three groups have submitted petitions to invalidate these rules. Some of these rules look like they might be helpful, but many of them will never apply because they require a finding by DFG that a `take' will, or is likely to, occur on a logging plan. DFG has never done this and is unlikely to ever do so. There are also issues regarding allegedly improper delegation of authority to CalFire by DFG in regards to the listed coho.
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When push came to shove at the BOF August meeting, DFG pulled a `Judas Iscariot' and failed to support the petition --failing to merely support giving some needed help to the extremely precarious central coast coho populations--and instead touted the undocumented success of voluntary recovery actions by the industry. Granted, a lot of positive work has been and continues to be done, but the denied measures prevent many important and responsible measures from being taken. The BOF voted 6-3 to deny the petition for enactment of both emergency and regular rules. The public members of the BOF failed, like DFG, to at least initiate a motion to take some obviously needed steps for protection and recovery of coho along the central California coast. One of these necessary steps is to double the number, from 10 to 20, of large-leaved trees along every 300 feet of coho spawning and rearing habitat. The future of coho depends on adequate large wood in and alongside their spawning and rearing freshwater habitat. Certain special measures for Class II and III watercourses and roads are also important for the protection and recovery of coho.
A representative from the National Marine Fisheries Service was rudely and repeatedly insulted for her adamant support, based on science and cumulative impacts, for added measures, especially along the central coast. Unfortunately it looks like court is the next venue for continuing this struggle.
In the Mattole River Watershed
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Usal Redwood Forest
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The surrounding communities must take `responsibility initiatives' and enter into partnerships with RFFI and the Usal Redwood Forest in order to deal with the `Tanoak problem' and reduce or eliminate the use of herbicides. Other partnerships regarding fisheries, wildlife, and recreation are vitally important. Such a cooperative approach will be implemented this winter with spawning surveys in two key reaches of spawning streams in the Usal Redwood Forest.
Politics in Humboldt County
The Humboldt County General Plan process, the building code issues, and threats to the so-called rural way of life continue to simmer. The county appointed a Task Force to deal with code enforcement and related issues. The tragic death of Supervisor Roger Rodoni in a traffic accident in April cast a pall and intensified political strife in the county. Mark Lovelace of the Humboldt Watershed Council will be replacing John Wooley on the Board of Supervisors. Jimmy Smith retained his seat. Johanna Rodoni, Roger's widow, is running as a write-in in November against candidates Clif Clendenen from Fortuna and Estelle Fennell from Southern Humboldt. Some kind of a `clean slate' and `restoration zoning' process, which will benefit county residents is still hoped for. This process could assure health and safety, give incentives for constructive engagement with fuel hazard reduction, reduce adverse road and water impacts, and help maintain forest productivity and wildlife habitat. One would hope that all this could be accomplished in an open and non-punitive manner.
Humboldt Redwood Company
I really can't get into all the details of the Pacific Lumber (PL) bankruptcy--but, hold on--Pacific Lumber is no more. Creditor Marathon, in partnership with the Mendocino Redwood Company (now calving off a Humboldt Redwood Company (HRC), are the new owners and managers. The HRC will now own and manage the old PL and Scopac while Marathon is the new owner of Scotia. HRC plans to reduce the cut to 55 million board feet per year (versus PL/Maxxam's cuts, which in some years were more than 200 million). HRC's old growth retention policy, attitude toward forest related habitats, and attitude toward its workers should be a very positive step forward--although some controversy is inevitable.
It says something that Roger Rodoni, Governor Schwartzeneggar, and EPIC all supported the Marathon/Mendocino Redwood Company reorganization plan. Many of the issues brought by the coalition of the Nature Conservancy, Save-the-Redwoods League, RFFI, Bank of America, the Community Forest Team, and others during the bankruptcy process, such as conservation easements preventing development, creating areas of community forests, and protection of essential old growth and wildlife habitat will still be in play. Correcting bad PL timber harvest plans is a specific issue which HRC seems willing to take very seriously.
Victory in the Courts
On top of all the excitement of new owners and management for the PL and Scopac lands--EPIC, the Sierra Club, and the United Steelworkers Union WON their case against PL, CDF, and DFG over the Sustained Yield Plan (SYP) and Incidental Take Permits (ITPs) approved as part of the Headwaters Deal. This victory came in a decision of the California Supreme Court, after more than 9 years of litigation and more than 12 years of preparation by the plaintiffs, EPIC and the Sierra Club. Attorneys Sharon Duggan, Brian Gaffney, and Stephen Weinglass along with uncounted numbers of activists and public supporters were jubilant. Although the plaintiffs didn't win on all the numerous allegations, they won on the following big issues: There was no valid SYP, assessments on the Planning Watershed scale must be made, and the `no surprises' clause of the ITP was illegal.
Talks are underway to see how all this will apply to the new owners and managers. CDF and DFG will have to change their attitudes and actions in significant ways. It's nice to win, but very frustrating to have to wait 9 years to have your position be validated. The SYP and ITP were invalid from March 1, 1999 and a lot has been lost due to their acceptance by those that could have stopped a lot of destruction and loss. Sharon Duggan pointed out that this Supreme Court decision is a victory for good government. It illustrates that a vigilant and persistent public can, although it might take years, bring illegal and underhanded actions by the government into the light of day
for correction.
Get in touch with EPIC and Humboldt Watershed Council for the latest information on many of the above topics and other issues. Please get involved in ways that are effective and meaningful for you, and that contribute to real solutions...rg
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TOC for Forest & River News, Summer 2008