🚀 go-pugleaf

Wednesday, October 4, 1995 11:36:18 PM
From: Mendocino Environmental Center/Ukiah, CA (mec@pacific.net)
Subject: Headwaters Update


Big Victory for the Headwaters Ancient Redwood Forest!
By EPIC - Environmental Protection Information Center


Environmentalists are celebrating today�s (Sept 28) decision by San
Francisco Federal District Judge Maxine Chesney to award a Preliminary
Injunction temporarily halting salvage logging of ancient and �residual
old-growth� redwood forests on Pacific Lumber Company land in Humboldt
County, California. Until the federal trial, the Injunction stops Pacific
Lumber�s (PL) proposed Exemption logging in the Headwaters Forest. It
includes protection for all the ancient redwood groves, the US Fish and
Wildlife Service recently proposed marbled murrelet critical habitat area
(roughly 40,000 acres), and scattered tracts of residual old-growth
forests as mapped by EPIC from PL harvesting plans. It does not stop
current approved Timber Harvest Plans in these same areas.

Citing significant legal questions regarding the role of the US Fish and
Wildlife Service in the California Timber Harvest Plan Exemption process,
and a high probability of harm to the northern spotted owl and the marbled
murrelet, Judge Chesney set the stage for a full hearing on the issues.
She stated, �the court believes (the evidence presented) is sufficient to
show a likelihood of jeopardizing the species� in its existence and
habitats. Thus there are merits to EPIC�s case and deserving of a
Preliminary Injunction.

EPIC returned this month to Federal Court to challenge Pacific Lumber�s
salvage logging operations throughout their ownership. After September 15,
the official end of marbled murrelet nesting season, PL was poised to
begin removal of �dead, dying, and diseased trees� under three exemptions
filed with the California Department of Forestry. The Exemption allows
timber companies to forego the normal Timber Harvest Plan process and
public review, the functional equivalent to an environmental impact
statement.

Referencing a declaration by Stephen Singer, marbled murrelet expert, the
court recognized that the removal of standing dead trees may affect the
integrity of the forest canopy P which is essential to the success of
marbled murrelet breeding. Helicopter hauling of downed logs in a
closed-canopy forest such as this, as proposed by Pacific Lumber for the
Headwaters Forest, has never been tested; disturbance to critical murrelet
nesting branches is certain to result. According Kim Nelson�s declaration,
another well-known murrelet expert, the small seabird has a year-round
presence in the ancient groves, and a high nest-site fidelity. This
directly counters agency allegations that disturbance to murrelet habitat
will not affect the species outside of the �official� nesting season.

Shortly after the victorious decision, a jubilant Cecelia Lanman, EPIC
Programs Director stated, �This injunction temporarily protects the most
critical areas of old growth redwood and Douglas fir on Pacific Lumber
land. We hope that we will now have enough time to get everyone at the
table to negotiate how to permanently protect Headwaters in a debt for
nature swap.�

EPIC - Environmental Protection Information Center POB 397, Garberville,
CA 95542 707-923-2931, 707-923-4210 fax
Contact: Cecelia Lanman, Dana Stolzman, EPIC 707-923-2931 Stacey Schull,
Endangered Species Coalition 415-543-8543