I went back and looked at the 2009 Notice of Intent today to refresh my memory regarding why implementing a new rule is so important to the Forest Service. From the NOI:
Developing a new rule will allow the Agency to integrate forest restoration, watershed protection, climate resilience, wildlife conservation, the need to support vibrant local economies, and collaboration into how the Agency manages national forests and grasslands, with the goals of protecting our water, climate, and wildlife while enhancing ecosystem services and creating economic opportunity.
I’m wondering, what is it about the existing rule that doesn’t allow the national forests to do this? While the current language might not be very good at requiring some of these things, it certainly doesn’t prohibit them. Any national forest is free to write a plan that attempts to do all of these things.
Sure, current requirements for things like designating and monitoring management indicator species (MIS) don’t work as originally envisioned and probably are largely as waste of time and money. But most forests have figured out apporaches that can survive a legal challenge.
Some forests such as the National Forests in Mississippi are developing plans right now that meet the existing rule requirements while incorporating new approaches such as a framework for ecosystem diversity. The rule doesn’t require it, but it makes sense and has widespread support.
What challenges will a forest developing a plan under the new rule face? How about legal challenges to the list of items in Martin’s post “We’ll Consider It” ?
Does the forest plan appropriately consider “various stressors or impacts?” How about “the physical (including air quality) and biological integration of the terrestrial and aquatic ecosystems within a landscape.” How well does the plan take into account “other forms of knowledge”, and so on down the list?
All of these points will be debated in the courts, just as MIS, viability, and monitoring have been since NFMA was signed into law. We won’t know what they really mean until the judges tell us.
Dave commented on Martin’s post that:
In talking with two FS planning directors earlier this week, both seemed more intent on fixing “planning” via rule implementation than in fixing the “rule.” This is unfortunate in my estimation.
The “rule” ought to have framed things up for whatever follows re: national forest management. Instead, it appears that the rule development process is now largely viewed by many in the FS as a “throwaway,” so that they can get on with “God’s work” whatever the flavor of that might be this year.
I agree that it is unfortunate. It really is time for a new rule. From where I sit, I would like to see a rule that goes further in terms of establishing the kind of adaptive management approach that Dave talks about. I would like to see a rule that speeds up the process and eliminates some of the requirements that most of us agree don’t make sense anymore. I would like to see a rule that requires all of the considerations in Martin’s list and perhaps a few more.
But if I were a beleaguered forest planner, I might prefer to take my chances with the devil I know rather than one I don’t.