Month: March 2012

Jamie Rappaport Clark, president and CEO, Defenders of Wildlife

“The Obama administration has made a very strong commitment to wildlife and land conservation with the release of its final forest-planning rule. The forest policy charts a new course to conserve and restore the health and integrity of these lands and waters, and now the hard work for implementing the rule begins today. Moving forward, it will be critical for the Forest Service to make this vision a reality as it issues implementation policies and begins writing forest plans. Defenders of Wildlife is committed to working with the Forest Service as it transforms its stewardship and wildlife conservation obligations to ensure that our nation’s forests, wildlife and waters are protected for generations to come.”

Mike Anderson, senior resource analyst, The Wilderness Society

The Forest Service has produced a visionary national forest planning rule based on principles of sound science. The new planning rule takes a big step forward to a more collaborative way of restoring and protecting the magnificent rivers and wildlife habitat of our national forests. The Forest Service should be congratulated for their inclusive public involvement and responsiveness to public feedback on the rule. The agency has gone beyond the norm by reaching out and listening to thousands of people who care deeply about the national forests. Continued public participation and inclusiveness will be critical in ensuring many parts of the new rule are implemented consistent with the rule’s vision.”

Michael Brune, executive director, Sierra Club

“The Sierra Club applauds USDA Secretary Tom Vilsack and the Forest Service for taking action today to protect our forests and grasslands. The new standards represent a victory for communities and families in the Western region of the country, half of whom depend on national forests for clean and safe drinking water. The finalized standards also include criteria to restore and protect the watersheds and waterways that supply about one-fifth of our nation’s water – a move that’s good for our families, our health and our economy. Fishing, hiking, wildlife viewing and other outdoor recreational activities generate more than $700 billion for the economy each year and support thousands of jobs.”

Outdoor Alliance

“Outdoor Alliance and the broader human powered community is especially excited about the early adopter forests that are slated to immediately use the new rule on their forest plans. These forests, including the Nez Perce-Clearwater National Forest in Idaho, the Chugach National Forest in Alaska, and California’s Inyo, Sequoia and Sierra National Forests have a wealth of human powered outdoor recreational resources and will benefit from a modern planning approach.”

The Nature Conservancy

“The Forest Service should be complimented for producing a much needed Final Forest Planning Rule,” said Laura McCarthy, Senior Policy Advisor for The Nature Conservancy. “Healthy forests support the well-being of our nation, yet more than half of the national forests are operating with out-of-date plans. We are glad the Forest Service has come out with a Final Rule that will allow new plans to be developed more efficiently. It is time to roll up our sleeves and work with the agency to update these plans.”

From Fly Rod and Reel online here.

“America’s 193 million acres of national forest lands are vitally important for fish and wildlife and public hunting and fishing opportunities,” said Joel Webster, director of the TRCP Center for Western Lands. “With America’s population surpassing 310 million, the significance of these lands to our outdoor traditions continues to grow – as do challenges in their management. The adaptive management approach of the new planning rule will help the agency address these challenges.

“Based on input from members of the public, including sportsmen,” Webster continued, “the Forest Service made specific improvements to the final rule, such as a commitment to use the best available science in making management decisions, an increased commitment to watershed conservation, added attention to commonly enjoyed fish and wildlife species and an improved approach to timber management. The next test will lie in implementation of the rule, and we will work with our sportsmen partners in development of the forthcoming planning directives that will guide how the rule is used.”

“National forests form the headwaters of many of our nation’s major river basins, provide habitat for trout and salmon and recreational opportunities for anglers, and provide clean water for communities and irrigators,” said Steve Moyer, vice president for government affairs at Trout Unlimited, a TRCP partner group. “The new forest planning rule outlines an ambitious vision for our forests and watersheds. Trout Unlimited and our partners in the hunting and angling community are committed to working with the Forest Service to ensure the rule’s success – and to upholding a crucial component of our nation’s outdoor legacy.”

SUMMIT COUNTY — With more than half the country’s 155 national forests operating under outdated management plans, the U.S. Forest Service is eager to start implementing a new planning rule that was finalized March 23.

But like several previous attempts to revise the existing 1082 rule, this latest version may face a legal test. Now that the rule is final, the Center for Biological Diversity is evaluating whether to pursue a courtroom challenge, said Taylor McKinnon, public lands campaign director for the organization.

McKinnon said his organization is scrutinizing the rule for compliance with the National Forest Management Act and will also take a close look at the biological opinion accompanying the rule to see if meets federal standards for protecting plants and wildlife.

“This rule reflects the work of a lot of federal lawyers,” McKinnon said, referring to the perception that the rule was designed at least in part with the idea of repelling potential legal challenges.

Hmm. Should federal lawyers not be involved in developing regulations? That sounds like a recipe for illegality.. if you look at CBD’s staff here, you’ll find that there are many lawyers, who conceivably think that courts are a good place to promote agendas. Seems to me that if you choose courts to promote agendays, you should expect to see a great deal of federal lawyers, it’s a natural consequence. Just sayin’

The way the Center for Biological Diversity sees it, the latest version of the rule represents the fourth attempt to weaken wildlife protection.

but at least this time they can’t claim any partisan reasons.. is there a message in that both parties are going in the same direction?

The Forest Service was not able to successfully defend its previous attempts to update the planning rule.

Top agency officials say the rule includes stronger protections for water and wildlife, and touted the rule as providing a path toward long-term forest restoration.

“This new rule provides the framework we need to restore and manage our forests and watersheds while getting work done on the ground and providing jobs,” Secretary of Agriculture Tom Vilsack said. Listen to a previous teleconference on the planning rule here.

According to the Forest Service, the new planning rule includes requirements to keep common native species common; contribute to the recovery of threatened and endangered species; conserve proposed and candidate species, and protect species of conservation concern.

But McKinnon said the new rule only includes mandatory conservation requirements for species of concern, while the old rule included broader standards aimed at maintaining viable populations of all native species.

Wasn’t it all vertebrate species? While this one includes thing from prions to petunias?

And reiterating a concern expressed by conservation advocates throughout the rule-making process, McKinnon said the new rule gives local Forest Service officials too much leeway in deciding whether individual plans offer adequate protection.

“They’ve taken mandatory protections and make them discretionary,” he said.

Altogether, the Forest Service received more than 250,000 comments on the rule during the process. The agency says it strengthens the role of public involvement and dialogue throughout the planning process. It also requires the use of the best available scientific information to inform decisions.

“We are ready to start a new era of planning that takes less time, costs less money, and provides stronger protections for our lands and water”, said U.S. Forest Service Chief Tom Tidwell. “This new rule will bring 21st century thinking to a process that is sorely needed to protect and preserve our 193 million acres of amazing forests and grasslands.”

Conservationist concerns over loss of species shouldn’t be taken lightly. Leading biologists have been warning for years that the current global wave of species extinctions is a serious threat to the web of life. with each loss affecting greater ecosystems in ways that are as-yet little understood.

I have three counters to this. First, those assertions are based on assumptions and models about how many species are gone (there’s a chapter in Aynsley Kellow’s book on this). Second, some places are resilient to loss of some species (e.g., most notably the American Chestnut). In fact, the idea that “ecosystems will unravel” is based on the idea of an “ecosystem” which is a human construct, and the reification of that concept Ithink leads to a variety of fuzzy thinking (but that will probably be a post after I retire, inasmuch as it would require more time). Third, and most importantly, species that are close to extinction (or not, in some cases, but someone has made the case that they are) are protected by ESA, not NFMA. BLM land does not have NFMA viability clauses and they seem to be doing fine with protecting species based on ESA. At least I don’t think anyone has claimed that BLM land has seen species extinctions due to lack of an viability regulation?

That’s a tough thing for Forest Service planners and bio-crats to grasp as they focus on technicalities and on making sure that their plan is legally foolproof.

This seems a bit pejorative about hard-working federal employees (but it sounds like this is Bob and not Taylor) , and additionally, others (perhaps AFRC?) have gone on record as thinking that this rule opens many other areas to future new, and potentially equally difficult, case law.

In areas other than species conservation, the new rule has garnered favorable reviews, especially in its push for restoration of forests and watersheds. If the agency is successful in healing scarred ecosystems, those efforts could do more to maintain healthy plant and animal communities than legal battles over individual species or projects.

Congratulations to all who participated in this 2.5 or so year effort, Forest Service workers, members of the public, members of stakeholder groups, other agencies!

USDA Publishes Final Rule to Restore the Nation’s Forests Through Science and Collaboration

Here’s the link to the press release and here to the rule itself and miscellaneous related documents.

Secretary Vilsack announces publication of the final land management planning rule

WASHINGTON, March 23, 2012 – Agriculture Secretary Tom Vilsack today announced the U.S. Department of Agriculture’s final Planning Rule for America’s 193-million acre National Forest System that includes stronger protections for forests, water, and wildlife while supporting the economic vitality of rural communities.

This final rule – which follows USDA’s Feb. 3 publication of the Programmatic Environmental Impact Statement – replaces the 1982 rule procedures currently in use, and provides a new framework to be used for all individual management plans for 155 national forests and grasslands across the country. Over half of Forest Service units are currently operating with plans that are more than 15 years old.

“This new rule provides the framework we need to restore and manage our forests and watersheds while getting work done on the ground and providing jobs,” said Vilsack. “The collaboration that drove this rulemaking effort exemplifies the America’s Great Outdoors initiative to foster conservation that is designed by and accomplished in partnership with the American people.”

The USDA and the Forest Service carefully considered over a quarter million comments received on the proposed rule and draft environmental impact statement issued in February to develop today’s final rule, which emphasizes collaboration, sound science and protections for land, water and wildlife.

The final rule strengthens the role of public involvement and dialogue throughout the planning process. It also requires the use of the best available scientific information to inform decisions.

“We are ready to start a new era of planning that takes less time, costs less money, and provides stronger protections for our lands and water”, said U.S. Forest Service Chief Tom Tidwell. “This new rule will bring 21st century thinking to a process that is sorely needed to protect and preserve our 193 million acres of amazing forests and grasslands.”

Land management plans under the final rule will include:

Mandatory components to restore and maintain forests and grasslands.
Requirements to provide habitat for plant and animal diversity and species conservation. The requirements are intended to keep common native species common, contribute to the recovery of threatened and endangered species, conserve proposed and candidate species, and protect species of conservation concern.
Requirements to maintain or restore watersheds, water resources, water quality including clean drinking water, and the ecological integrity of riparian areas.
Requirements for multiple uses, including outdoor recreation, range, timber, watershed, wildlife and fish.
Requirements to provide opportunities for sustainable recreation, and to take into account opportunities to connect people with nature.
Opportunities for public involvement and collaboration throughout all stages of the planning process. The final rule provides opportunities for Tribal consultation and coordination with state and local governments and other federal agencies, and includes requirements for outreach to traditionally underrepresented communities.
Requirements for the use of the best available scientific information to inform the planning process and documentation of how science was used in the plan.
A more efficient and adaptive process for land management planning, allowing the Forest Service to respond to changing conditions.

Continuing the strong emphasis that has been placed on public engagement throughout this rule-making effort, USDA is forming a Federal Advisory Committee to advise the Secretary and the Chief on implementation of the final rule. The nomination period closed on February 21, 2012 with committee members to be announced this spring.

The Nez Perce and Clearwater National Forests in Idaho, the Chugach National Forest in Alaska, the Cibola National Forest in New Mexico, El Yunque National Forest in Puerto Rico and California’s Inyo, Sequoia and Sierra National Forests will begin revising their plans using the final rule this spring. These eight national forests were selected because of their urgent need for plan revisions, the importance of the benefits they provide, and the strong collaborative networks already in place.