Old Growth Amendment – When can you cut down large/old trees?

There are some other recent threads here that have been discussing this question, and I thought it might be helpful to post the actual language from the draft of the amendment (Table 1) that would answer this question.  It establishes criteria at the plan level that must be met by projects proposed in forests identified as old growth, as well as a guideline for removing “old trees” in other areas.   I have to say my overall impression is that there are enough exceptions that it is hard to believe the Forest Service couldn’t find one that would allow removal of large/old trees in any project it proposes.  On the other hand, this does put the burden on the Forest Service to demonstrate in the project record that the project would meet the exception, e.g. that it would in fact “reduce hazardous fuels.”  (But any wood is a “fuel,” so what makes it “hazardous?”)

I think Standard 3 is interesting.  If projects in old growth forests can not be for commercial timber production, I assume that these forests must then be classified as unsuitable for timber production?

An interesting omission:  “resilience to climate change,” which is what the 2012 Planning Rule is all about.

I’ve added a few italics to help frame the structure (and I see that the copying messed up the numbering of the criteria ….).

(The comment period closes around September 21.)

Standard 2.a

Where conditions meet the definitions and associated criteria

of old-growth forest, vegetation management may only be for

the purpose of proactive stewardship. For the purposes of this

standard, the term “vegetation management” includes – but is

not limited to – prescribed fire, timber harvest, and other

mechanical/non-mechanical treatments used to achieve

specific silviculture or other management objectives (e.g.

hazardous fuel reduction, wildlife habitat improvement). For

the purposes of this standard, the term “proactive stewardship”

refers to vegetation management that promotes the quality,

composition, structure, pattern, or ecological processes

necessary for old-growth forests to be resilient and adaptable

to stressors and likely future environments. Proactive

stewardship in old-growth forests shall promote one or more of

the following:

1. reduction of hazardous fuels to reduce the risk of loss

of old-growth forests to uncharacteristic wildfire, and to

facilitate the return of appropriate fire disturbance

regimes and conditions;

1. resilience to insect and disease outbreaks that would

result in the loss of old-growth conditions;

1. ecological conditions for at-risk species associated

with old-growth forest, including conditions needed for

the recovery of threatened and endangered species;

1. amount, density, distribution and species composition

of old trees, downed logs, and standing snags

appropriate for the forest ecosystem type;

1. vertical and horizontal distribution of old-growth

structures, including canopy structure and composition;

1. patch size characteristics, percentage or proportion of

forest interior, and connectivity;

1. types, frequencies, severities, patch sizes, extent, and

spatial patterns of disturbances;

1. successional pathways and stand development;

1. connectivity and the ability of old-growth obligate

species to move through the area and cross into

adjacent areas;

1. culturally significant species or values, to include key

understory species;

1. species diversity, and presence and abundance of rare

or unique habitat features associated with old-growth

forests; or

1. other key characteristics of ecological integrity

associated with old-growth forests.

Standard 2.b

 The cutting or removal of trees in old-growth forest for

purposes other than proactive stewardship is permitted when

(1) incidental to the implementation of a management activity

not otherwise prohibited by the plan, and (2) the area – as

defined at an ecologically appropriate scale – continues to

meet the definition and associated criteria for old-growth forest

after the incidental tree cutting or removal.

Standard 2.c

 Deviation from Standard 2.a and 2.b may only be allowed if

the responsible official determines that vegetation

management actions or incidental tree-cutting or removal are

necessary for the following reasons and includes the rationale

in a decision document or supporting documentation:

1. In cases where this standard would preclude

achievement of wildfire risk management objectives

within municipal watersheds or the wildland-urban

interface (WUI) as defined in Section 101 of the

Healthy Forest Restoration Act of 2003 (16 USC

6511) and its application by the local planning unit, or

would prevent protection of critical infrastructure from

wildfire;

1. to protect public health and safety;

1. to comply with other statutes or regulations, valid

existing rights for mineral and energy resources, or

authorizations of occupancy and use made prior to

the old-growth amendment decision;

1. for culturally significant uses as informed by tribes or

for de minimis use for local community purposes;

1. in areas designated for research purposes, such as

experimental forests or research natural areas; or

1. in cases where it is determined – based on best

available science, which includes Indigenous

Knowledge – that the direction in this standard is not

relevant or beneficial to a particular species or forest

ecosystem type.

Standard 3

Proactive stewardship in old-growth forests shall not be for the

purpose of timber production as defined in 36 CFR 219.19.

Guideline 3

To preserve the cultural and historical value of old trees

occurring outside of old-growth forests, vegetation

management projects should retain and promote the

conservation and survivability of old trees that are rare when

compared to nearby forested conditions that are of a

noticeable younger age class or unique in their ability to

persist in the current or future environment, and are not

detracting from desired species composition or ecological

processes.