The goal of EPIC's Advocacy Program is to monitor and strengthen state and federal laws addressing protection of public trust resources, advocate with decision-makers at all levels regarding implementation and enforcement of those laws, and continue to build public awareness of the need for public trust protections and responsible stewardship of private lands.
HCP/SYP MONITORING PROJECT
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| Northern Spotted Owl |
The Pacific Lumber Company HCP/SYP
In the last year EPIC has monitored development of and commented upon a Habitat Conservation Plan/Sustained Yield Plan (HCP/SYP) prepared by Pacific Lumber Company as part of the Headwaters Forest agreement. These activities were necessary to ensure that the species that depend on Pacific Lumber's 200,000 acres of forest land will not be imperiled by the HCP/SYP and to prepare the record for litigation that may be necessary if the HCP/SYP is adopted. Many of these activities were undertaken in coordination with Sierra Club California.
Through this project, EPIC hired top wildlife, forestry and fisheries experts
to review the draft HCP/SYP and associated Environmental Impact Statement
and Report. Experts reviewed the plans for potential impacts to coho salmon,
amphibians, martens, fishers, owls, murrelets, and various other fish and
wildlife species. These experts'
comments, along with thousands of pages of supporting documentation, were
submitted into the official public record at the close of the comment period
(November 16, 1998).
Some of the top Endangered Species Act attorneys in California and the nation reviewed these expert analyses and prepared detailed legal comments with respect to the shortcomings of the HCP/SYP and associated documents. These comments elucidated the legal standards necessary for approval of such plans and provided notice to state and federal officials regarding areas where litigation might prove necessary. Our attorneys also filed numerous Freedom of Information Act (FOIA) requests to obtain information from the National Marine Fisheries Service (NMFS) and the Fish and Wildlife Service. Similarly, we have filed Public Records Act requests with the Department of Fish and Game and the California Department of Forestry to obtain relevant documents so we can understand how the agencies negotiated, reviewed and finalized the HCP/SYP. EPIC also conducted research into the provisions of federal regulations that apparently prohibit companies with records of violating criminal or civil laws relating to development or resource extraction from receiving incidental take permits under an HCP. We argued that Pacific Lumber's long and well-documented history of violating environmental laws should render the company ineligible for such a permit.
The HCP project has been successful in building a strong administrative record with expert testimony. EPIC has also been successful in our efforts to educate the public about problems inherent in HCPs. We have strengthened and clarified the agencies' negotiating positions, leading to a final agency plan that contains significantly stronger provisions than those proposed by Pacific Lumber. The final documents, however, are still vastly deficient in many respects and we are well-prepared to proceed with litigation.
1998 CALIFORNIA STATE BOARD OF FORESTRY
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| Nesting Marbled Murrelet |
If one word could characterize the 1998 Board of Forestry season it would be "EMERGENCY". From November 1997 through February 1999 the Board was presented with six emergency rules petitions from a vast array of citizens from Humboldt to Santa Cruz Counties. The Board denied them all. The predominant subject matter was the failure of the Board and the Department of Forestry to properly evaluate and respond to cumulative impacts. Specific emergency petitions were presented regarding CDF's failure to adequately evaluate and respond to Ômass wasting' (e.g. landslides, debris torrents, and unstable areas), and CDF's failure to require adequate information about watercourses and riparian areas during THP preparation and review.
Currently there are at least five Board/CDF, or Board/CDF related, "blue-ribbon" committees studying the various problems with the rules as regards cumulative impacts, mass wasting, coho salmon, and impaired water bodies. Citizens are being forced to turn to the legislature for relief and some people are putting their hope in new appointees in the new administration. What is clear is that there needs to be a new process for watershed protection and recovery Ñ a process that includes real science with real peer review, real public involvement, and a real change that engages everyone in an economy and ethos based on conservation and long-term recovery stewardship. You and EPIC are a part of that process.
THP MONITORING PROJECT
All logging that is conducted on corporate and private land in the state of California is approved through a Timber Harvest Plan (THP) by the California Department of Forestry. CDF approves an average of 285,000 acres to be logged each year in the State on private and corporate land, including about 75,000 acres in Humboldt and Mendocino Counties. EPIC keeps a close watch on the THPs located in our local area and works to help others understand more about the THP process and to keep them informed of logging which may affect their areas.
During 1998, EPIC directly reviewed and commented on more than 30 THPs. By doing so, we are able to stay intimately familiar with the regulatory process and with the inherent problems which they impose in relation to forestry. For example, Pacific LumberÕs alarming record for violating the Forest Practice Rules was in large part uncovered by our monitoring of active logging plans, and has illustrated to many the need for drastic improvements of both the monitoring provisions of the Forest Practice Rules and for penalties involved when a company is found in violation of these rules.
EPIC contributed many articles to local newspapers to help keep the community informed. We networked with local watershed groups and residents and informed them when logging plans were filed in their area. EPIC also held several THP workshops throughout the year to help demystify the THP review and approval process and helped other individuals and groups prepare for litigation on logging plans in their area.
For more information about EPIC's THP monitoring efforts, please see our
Logging Watch Webpage
