Agreement reached on Northwest Forest Plan

The United States government and 13 conservation groups have reached an agreement on managing forests west of the Cascade Mountains in Washington, Oregon and California.

November 23, 1999
Web posted at: 12:44 p.m. EST (1744 GMT)

The United States government and 13 conservation groups reached an agreement last week to settle a controversial lawsuit involving federal forests west of the Cascade Mountains in Washington, Oregon, and California.

The agreement obligates the Forest Service and Bureau of Land Management to complete wildlife surveys prior to conducting timber sales and other activities that could harm wildlife, as first stated in 1994 when the Northwest Forest Plan was adopted.

The agreement follows a court ruling earlier this summer that found the Forest Service and BLM failed to properly implement certain requirements of the NFP intended to protect habitat for rare and sensitive species that depend on old-growth forests for their survival.

In August, Seattle federal judge William Dwyer ruled against the government and halted 34 timber sales that were not properly surveyed in accordance with the NFP. He then ordered the parties to try to settle the remaining issues in the lawsuit. The agreement reached last week remains subject to the approval of Judge Dwyer.

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"This agreement allows us to more directly enforce the Clinton administration's obligation to complete wildlife surveys and protect habitat for sensitive species as required by the Northwest Forest Plan," said Mike Axline of Western Environmental Law Center, who represented the conservation groups in the lawsuit.

"Now the Forest Service and BLM must stop avoiding their legal responsibilities and get to work implementing the Forest Plan, so at least minimal protections are in place for ancient forests, salmon, wildlife and clean drinking water," said Doug Heiken of Oregon Natural Resources Council, one of the plaintiffs.

The Forest Service and the Bureau of Land Management are required to survey potential logging sites to determine if any wildlife or plants will be harmed.

The NFP requires the BLM and Forest Service to survey certain species prior to logging or other ground-disturbing activities to determine the location of rare and vulnerable species so that the timber harvest plans can be adjusted if necessary to avoid harming the wildlife. The plan estimated that if the surveys aren't completed, as many as 400 species could be at increased risk of extinction. If the surveys are completed, many species will be spared thereby avoiding potential listing under the Endangered Species Act.

The plan outlined four different surveys for one mammal (the red tree vole), five salamanders and scores of invertebrates such as wildflowers, mollusks, fungi, moss, lichen and insects associated with old-growth forests west of the Cascades. About 590 of those species were subject to additional analysis because of concerns that the forest plan would not adequately provide for long-term needs of these species. About 420 of those species were included in one or more of the survey and manage categories and/or the protection buffer species program. About 80 species are included in the strategies that require surveys prior to ground-disturbing activities.

The four surveys outlined include:
• Site-specific surveys for 77 species prior to habitat-altering activities such as timber sales. These surveys are required for all projects within the range of the species and within the habitat types associated with the species. The authors of the NFP recognized that it would take time to develop survey protocols, so this survey requirement was phased in over several years at some risk to the species. This survey applies to red tree voles, salamanders, snails, plants and others.

• Extensive regional surveys to find high priority sites for species management of mushrooms, lichens, mosses and others. Surveys were required to be under way by 1996 for 284 species. It was developed to accommodate the timber program. Since many of these species are more difficult to survey, the authors of the plan did not want to hold up timber sales while surveys were conducted but recognized risk to the species by not requiring surveys prior to timber harvest.

• General regional surveys to acquire additional information for mostly mushrooms, lichens and insects. Little is known about the 72 species this survey targets. Surveys were to be initiated no later than 1996 and completed within 10 years.

• The plan includes species-specific recommendations for surveying and protecting about 40 rare species including Canada lynx, great gray owl, white-headed and black-backed woodpecker, pygmy nuthatch, bats, salamanders and others and establishing protection buffers around sites where these species are located.

Plaintiffs in the lawsuit include the Oregon Natural Resources Council Action, Pilchuck Audubon Society, Klamath Forest Alliance, Klamath Siskiyou Wildlands Center, California Wilderness Coalition, American Lands Alliance, Umpqua Watersheds Inc., Northcoast Environmental Center, Audubon Society of Portland, Citizens For Better Forestry, Gifford Pinchot Task Force, Northwest Ecosystem Alliance and Headwaters.

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