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[From EcoNet]
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=> From: Christopher Bail <cbail> 
=> Subject: Logging threatens Marbled Murrelet 
=> Date: Sat, 11 Jul 92 01:09:11 PDT 
 
ACTION ALERT ACTION ALERT ACTION ALERT ACTION 
 
In less than two months the California Division of Forestry 
and the California Department of Fish and Game will decide 
the fate of the endangered Marbled Murrelet.  The closing  
date for written comments is July 27.  For information 
on how to file comments, call (408) 429-9988. 
 
Ongoing efforts have incurred a substantial debt. 
Send donations to: 
 
Friends of Butano Creek 
1112B Ocean St. 
Santa Cruz, CA  95060 
 
A detailed account follows ------------------------------ 
 
Logging operations on three timber harvest plan (thp) sites in
San Mateo County, California are threatening habitat for the
endangered Marbled Murrelet.  Legal action has been attempted to
stop the logging, but it has begun even though the legality of
the operations is questionable.  The three thp's, a portion of
a projected five-thp "Butano unit" in the Butano Creek watershed
near Pescadero, were the subject of the Sierra Club et al. v.
CDF lawsuit which was decided unfavorably in 1991.  This week
a preliminary injunction was denied.  Two weeks earlier, a
temporary restraining order was also denied.
 
At issue now is protection for the Marbled Murrelet, which was a
"species of special concern" at the time of the lawsuit, not yet
listed as endangered.  The numbers of Murrelet have dropped
especially drastically recently, possibly due to such factors as
the Exxon Valdez spill, El Nino, and draught conditions, as well
as logging.  Unlike most seabirds, which nest in rocks or on
cliffs, the Murrelet nests in the crooks of limbs of mature or
old-growth Douglas fir or Coastal redwood.
 
To nest, the Murrelet requires a tree that has a limb parallel
to the ground of at least 12 inches in diameter at roughly 150
feet or higher above the ground. The tree must also be
surrounded by trees that are tall enough to adequately screen
the nest.  The Murrelet is also a shy and skittish bird, and
would probably be driven away by full-scale logging operations.
 
The original thp's approved by the decision allow Big Creek
Lumber to log all trees above 30 inches in diameter at breast
height (dbh), and most of the trees between 18 and 30 inches
dbh.  This obviously does not allow for Murrelet habitat.  Now
Big Creek has filed for amendments which they claim will provide
adequate protection.  One seasoned observer exclaimed, "The
amendments allow for even more cutting than the original plans."
Big Creek is relying mainly on their relatively good reputation,
and on promises to restore a badly damaged watershed to ensure
approval.
 
We are claiming that the amendments are sorely inadequate
and that the survey commisioned by Big Creek upon which the
amendments are based is faulty because improper survey methods
were followed.  It also relies on a narrow definition of
habitat -- habitat = nesting habitat -- to use reasonable
data to reach unreasonable conclusions.
 
We have been denied both a temporary restraining order and a
preliminary injunction.  Depending on whether the amendments are
approved by the CDF, we are considering further legal action.
 
The closing date for written comments on the amendments is July
27.  If you would like more information on the issues or on how
to file comments, call (408) 429-9988.
 
We are also in need of donatons to cover the cost of legal fees,
administrative needs, field supplies, and starving activists.
Send donations to:
 
Friends of Butano Creek 
1112B Ocean St. 
Santa Cruz, CA  95060. 
 
For the Planet 
 
Peace.