Forest Service announces plans to withdraw destructive Tongass old- growth timber sale

[Below is a press release from the Greater Southeast Alaska Conservation Community, Cascadia Wildlands, Center for Biological Diversity, Greenpeace, the Alaska Wildlife Alliance and Crag Law Center dated October 12, 2015. – mk]

PETERSBURG, Alaska – In a federal court filing last Friday the U.S. Forest Service announced it will withdraw its decision on the Mitkof Island Project, a large 35 million board foot timber sale. The project is in the center of the Tongass National Forest, near the communities of Petersburg and Kupreanof.

Petersburg District Ranger Jason Anderson signed the Forest Service’s decision in March. In May five environmental organizations filed the lawsuit, GSACC v. Anderson. They are the Greater Southeast Alaska Conservation Community, Cascadia Wildlands, Center for Biological Diversity, Greenpeace, and the Alaska Wildlife Alliance. The organizations are represented by Chris Winter and Oliver Stiefel of Crag Law Center (Portland) and Gabriel Scott.

“Faced with the realities brought forth in our lawsuit, the Forest Service is withdrawing its authorization of the Mitkof project rather than defend it in court. This is a victory for old growth, wildlife, and subsistence hunters, although we don’t yet know whether the agency will attempt resurrecting the project with future planning,” said Cordova-based Gabriel Scott of Cascadia Wildlands.

At issue in the lawsuit is the harm caused by logging old-growth and to the species dependent on old growth forests including Sitka black-tailed deer-an essential resource for subsistence hunters-the Alexander Archipelago wolf, and the Queen Charlotte goshawk. Petersburg resident Becky Knight of GSACC said: “Mitkof Island has been hard hit by 60 years of industrial logging. Subsistence hunters from the community rely on deer as a primary source of protein, but for years have been faced with critically low deer populations and severe harvest restrictions. This area of the Tongass needs a long period of recovery, but this sale targeted some of the few remaining stands of important winter deer habitat.”

Randi Spivak with the Center for Biological Diversity said, “During the planning process for this sale, the Forest Service tried to downplay and hide from the public the full scope of the damage this logging would cause.” Spivak added: “The agency initially told the public this was a ‘small sale’ involving only a local logging opportunities, but the project ballooned to a major timber sale designed for a large regional or out-of-state timber operator.”

“The Forest Service must take a hard look at the environmental consequences of its actions, especially with respect to species like the deer and the goshawk that depend on old-growth forests,” said Oliver Stiefel of Crag Law Center. “In a rush to approve yet another major old-growth timber sale, the Tongass National Forest brushed aside these environmental concerns and fast-tracked the project.”

In the court filing, the Forest Service asked for an extension of the briefing schedule in the case to give the agency time to formalize its withdrawal notice. The extension request is for 60 days.

Tidwell: 5% of timber projects were litigated this year

Greenwire article from last week….

5% of timber projects were litigated this year — chief

Just over 5 percent of timber sales on national forests were litigated this year, Forest Service Chief Tom Tidwell said this morning.

Of the roughly 315 timber sales and stewardship contracts offered, 16 were challenged in court and delayed, Tidwell told the House Agriculture Subcommittee on Conservation and Forestry.

The hearing was to discuss the 2015 wildfire season, in which more than 9 million acres have burned, costing the Forest Service $1.7 billion in suppression.

Panel Chairman Glenn Thompson (R-Pa.) said the Forest Service needs to more aggressively thin overstocked forests using logging and prescribed burns.

Tidwell said the Forest Service expects to achieve 97 percent of its timber sale target this year.

Collaborative forestry projects have enlisted support from conservation groups that have been willing to defend the agency when it is challenged in court, he said.

The House recently passed legislation, H.R. 2647 by Rep. Bruce Westerman (R-Ark.), that seeks to reduce the amount of litigation hindering forestry work. It would require litigants to post a bond to cover the government’s anticipated legal costs, which would not be reimbursed unless the litigant succeeded on all the claims in the case.

Litigation has been a significant impediment in the agency’s Northern Region, which includes parts of Washington, Idaho, Montana and the Dakotas. A report released in spring by researchers at the University of Montana found that in recent years, “litigation has encumbered 40 [percent] to 50 percent of [the region’s] planned timber harvest volume and treatment acres.”

“Appeals, lawsuits and especially the threat of lawsuits has paralyzed and demoralized the Forest Service and created perverse incentives to ‘do nothing,'” Rep. Tom McClintock (R-Calif.) said at a June hearing before the House Natural Resources Committee.

But a bigger impediment to selling timber this year was lack of bidding, Tidwell said. More than 50 timber sales this year drew no bids, a consequence of “very difficult markets,” he said. Some timber sales were too large to draw bids and had to be reconfigured to garner industry interest, he said.

“We have to do a better job to make sure we’re in sync with not only the market but what the purchasers need,” Tidwell said.

Rep. Dan Benishek (R-Mich.) said the issue has less to do with markets than it does with the difficulty of purchasing federal timber.

“We’ve got a lot of mills in my district that need fiber, but they’ve kind of given up on going to the Forest Service to get wood because it’s too onerous,” Benishek said.

Tidwell this morning also praised Congress for giving the agency new categorical exclusion authority in the 2014 farm bill for timber projects up to 3,000 acres in size to respond to and prevent attacks from insects and disease. He said the agency is currently pursuing 20 projects using that authority.

The Westerman bill would allow categorical exclusions on projects up to 15,000 acres under certain conditions. It would also set deadlines for the completion of National Environmental Policy Act reviews for post-fire salvage projects.

The Obama administration said it strongly opposes the measure.

Tidwell said he supports categorical exclusions to the extent that they allow the Forest Service to maintain the trust of the public.

“When we’re talking about using categorical exclusions, it’s a good tool for small projects,” Tidwell said. “But we have to be thinking much larger.”

He emphasized the need for evaluating treatments on hundreds of thousands of acres at a time to achieve greater administrative efficiencies and restore forests at a landscape scale

Opening roads to motorized use requires NEPA

It seems like this should be obvious, but it apparently took a lawsuit to get the Okanogan-Wenatchee National Forest to agree.

Thursday’s reversal by the Okanogan-Wenatchee National Forest of its June decision to allow wheeled all-terrain vehicles (WATVs) on six Forest Service routes was met with mixed reviews by people on both sides of the motorized trail-use issue.

(The lawsuit) charged that opening the roads to WATVs not only violated the National Environmental Policy Act (NEPA) but was also premature, since the Okanogan-Wenatchee has yet to complete its long-overdue Travel Management Plan. The federally mandated plan is supposed to guide the use of off-road recreational vehicles on public lands.

Thursday’s Forest Service announcement said any decision to reopen those six roads to WATVs would be based on additional NEPA analysis, but didn’t reference the Travel Management process.

While the plaintiff’s primary concern may be the sequencing of travel planning and road management decisions, the NEPA concession could be at least as important.  The Forest Service has generally tried to limit its analysis of road use effects to the travel planning process.  The conclusion reached here could also be applied to roads and trails currently open to motorized vehicles that have never been through a NEPA process to consider their effects, or that have never been reviewed for effects on listed species under the Endangered Species Act.

2015: Another Summer of Industry’s Discontent

The following article is written by Keith Hammer, Chair of the Swan View Coalition in Montana. Hammer has shared his views on this blog before – including raising red flags about some types of ‘collaboration’ in Montana. – mk

When there is wildfire smoke in the air, the timber industry and its cronies in Congress blame it on a lack of logging. As though logging prevents wildfires, which it does not. Moreover, they blame the alleged lack of logging on lawsuits brought by conservation groups simply wanting to insure the Forest Service follows the law as it logs public fish and wildlife habitat.

In February, Senator Jon Tester (D-MT), emphatically and falsely told Montana Public Radio “Unfortunately, every logging sale in Montana right now is under litigation. Every one of them.”

Listeners, including Swan View Coalition, challenged Tester’s statement. The Washington Post investigated and found there to be 97 timber sales under contract in Montana’s national forests with only 14 of those being litigated and only 4 of those stopped by a court order! The Post awarded Tester “Four Pinocchios” and noted the Forest Service responded “Things should be litigated that need to be litigated. If there is something the Forest Service has missed, it is very healthy. We absolutely should be tested on that.”

Then politicians and the Forest Service went back to lying as though this never happened. Representative Ryan Zinke (R-MT) visited Essex on the border between Glacier National Park and the Flathead National Forest and claimed the summer’s wildfire smoke “is completely avoidable.” He went on to promote his Resilient Federal Forests Act, that would speed up federal logging and require citizens to post unaffordable bonds before suing the Forest Service to make it follow environmental laws. He then proposed that future Wilderness designations allow logging to reduce fires.

Such proposals fly in the face of federal studies like the Interior Columbia River Basin Ecosystem Management Project, which found roads and logging render ecosystems less resilient to natural disturbances like fire. Countless other studies find large trees, including fire-killed trees, are essential for fish and wildlife habitat.

Forest Service research shows that forest thinning within the last couple hundred feet of our homes and structures helps save them, not distant logging where fire helps renew natural ecosystems. This summer’s fire that burned the remote and abandoned Bunker Creek bridge shown here was started by lightening in an area burned in 2000.

We’ve supported thinning around the village of Swan Lake, the Spotted Bear Ranger Station, guest ranches, and trail-heads, but such thinning needs to be repeated often to remain effective. Neither the American taxpayer nor our natural ecosystems can afford to apply such front-country logging to the distant backcountry.

As I write this article, Montana’s entire Congressional delegation has done an about-face and is urging the Forest Service to slow down and give loggers more time to log federal timber sale contracts in the face of a glutted timber market.

It’s also time to consider how backcountry logging, most often done at a taxpayer loss, is taking money and market demand away from the thinning that should instead be done adjacent to human homes and other structures.

Timber Industry Fails to Convince Judges that Logging Levels Linked to Wildfires

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In a decision dismissing three lawsuits intended to compel more federal land logging in western Oregon, DC federal district court judge Richard Leon found that the timber industry failed to show that less logging means more wildfires (see page 7’s footnote). Judge Leon had ruled earlier in favor of the industry plaintiffs in one of four forum-shopping lawsuits filed by attorney Mark Rutzick. But, judges don’t like being reversed. When the DC circuit court did so in the earlier case, ruling that the timber industry failed to establish standing, Leon took that message to heart and said “ditto” for the other three lawsuits.

Judge Leon’s ruling likely ends a two-decades long legal skirmish by the timber industry to compel federal agencies to increase logging levels from Northwest Forest Plan lands. The campaign has been led by the Portland-based American Forest Resource Council. For 20 years AFRC chose primarily the courts as its strategy to increase logging. Today’s decision suggests that AFRC may change its focus from the courts to Congress, which would play to the strength of its newly-hired executive director, Travis Joseph, former natural resources staff to Oregon Rep. Peter DeFazio. Joseph, who is not an attorney, was DeFazio’s point person during House negotiations over proposed O&C forest legislation that continues to languish in Congress.

The Forest Service is Paying Collaborative Partners!

The following article is written by Keith Hammer, Chair of the Swan View Coalition in Montana. Hammer has shared his views on this blog before – including raising red flags about some types of ‘collaboration’ in Montana.

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Imagine a world where you donate some time working on a Forest Service project and the Forest Service pays you up to four times what that in-kind donation is worth to continue working on it. This is the world Congress created in the Omnibus Public Land Management Act of 2009 as the Collaborative Forest Landscape Restoration Program (CFLRP).

The Southwest Crown Collaborative (SWCC) in the Swan-Clearwater-Blackfoot area is one of the collaborative efforts being funded by CFLRP via the Forest Service. Because the Act requires that the collaborative process be “transparent and nonexclusive,” we asked and the SWCC agreed to list on its web site its formal partners, their contributions to projects, and federal contributions to those partners and projects.

In a nutshell, Congress through CFLRP will fund half of the costs of the projects if the Forest Service and its partners fund the other half. Partners need only provide one-fifth of the total project costs, often as in-kind, non-cash donations of work. This minimum one-fifth contribution then entitles the partner to receive federal funds to do work that otherwise would be done by federal employees or under competitive contracts with private businesses.

In a hypothetical example provided by the Forest Service and lodged on the SWCC web site, a partner can consider $2,000 of its work expenses as a non-cash contribution to a project. The Forest Service would pay the partner $5,000 cash, which may include CFLRP funds, “to pay for the partner’s salary, fuel for vehicles, and supplies toward the project.” In a real-life SWCC example, one non-profit has received $2.5 million in federal funds for its non-cash, in-kind contributions of $903 thousand.

While these funds on the one hand enable partners to do some monitoring and watershed restoration work by repairing or decommissioning roads, it also appears to silence public criticisms by partners of the more controversial timber sales being conducted under the guise of “forest restoration.” Moreover, some SWCC partners have collectively promoted “restoration” logging and asked Congress to work with collaborators and not with “organizations and individuals who oppose collaborative approaches to forest management.” (Here)

It is this type of bully behavior by partners that casts a long shadow over the integrity of CFLRP, which at the 5-year/halfway mark is far ahead of its logging quotas and far behind in decommissioning roads and controlling the invasive weeds they bring to the forest. Citizens and scientists that disagree for good reason with the notion that logging is “restoration” (see page 4) deserve equal standing with collaborators being paid millions of tax dollars by the Forest Service.

To see how over $7 million of your tax dollars have thus far been paid to partners in the SWCC, visit:
http://www.swcrown.org/partnership-agreements

A closer look at Montana’s ‘second-biggest wildfire season so far this decade’

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This AP article, which ran in most all Montana newspapers, caught my eye yesterday. I’d like to use it to point out a few things related to wildfires.

The title of the article is “State’s wildfire season second-biggest so far this decade.”

For starters, what’s sort of bizarre, is that the reporter only looked at a 6 year time frame (since 2010) not a decade.

When you dig deeper into the article you see that so far the 2015 wildfire season in Montana (which is quickly coming to a close on account of some weather events last week, as well as more snow and rain coming this week) has only burned 27% of the total acres burned in the 2012 wildfire season in Montana (334,221 acres in 2015 vs 1,220,646 acres in 2012).

Wanting to know more I spent about 30 minutes at this link via the Northern Rockies Coordination Center, which ironically was provided to me by the reporter when I asked him some detailed questions. Why the reporter was unable to apparently spend a few minutes checking out these statistics is a mystery.

So, I copied down all the wildfire burned acres totals in Montana from 2015 going all the back to 2000 (see chart above).

What quickly becomes apparent is the wide range of acres burned from year-to-year.

In fact, based on these numbers a more accurate frame for the AP story about the 2015 wildfire season might have been that so far Montana has seen a little less than the average acres burned going back to 2000.

It’s also worth pointing out that another way of looking at this year’s wildfire season in Montana is that, to date, we’ve only burned 27% to 45% of the acres burned in Montana during the wildfire seasons of 2012, 2007, 2006, 2003 and 2000.

While technically the title of the article, and framing of the story is correct, I’d put forth that there are much more accurate (although, perhaps less ‘flashy’ and ‘sensationalistic’) ways of looking at Montana’s 2015 wildfire season.

Looking at the chart going back to 2000 another issue that becomes apparent, to me anyways, is that there appears to be no correlation whatsoever between the total burned acres and the amount of national forest logging and/or national forest lawsuits; although that fact certainly doesn’t stop some from within the logging industry or politicians from trying to always make that case.

Of course, it goes without saying that weather conditions such as drought, heat and wind have a huge impact on the total number of acres burned, as do long-term climate factors. Another issue is total number of ignitions (whether by people or dry lightening storms) and what part of the state the ignitions occur in (i.e. eastern grasslands vs western forests).

I’ve lived in Montana since 1996 and have to say that compared with my home state of Wisconsin it always seems very dry out here, whether or not we are technically in the grips of drought, which we certainly are in now.

So perhaps ignitions are even more of a key factor in the total number of acres burned in Montana in any given year, rather than drought.

I also suspect that wind plays a huge role in all of this. Really, the common denominator in all major wildfires is wind. No wonder some people find wind so annoying.

This information is not meant to discount specific experiences communities, homeowners or citizens have had with wildfires this year, but just serves as a bit of important, fact-based information and context, at least as far as Montana’s wildfire season goes.

As I’ve said before, information like this is especially important in the context of recent statements (and pending federal legislation) from certain politicians blaming wildfires on a lack of national forest logging or a handful of timber sale lawsuits.

If politicians are going to predictably use another wildfire season to yet again weaken our nation’s key environmental or public lands laws by increasing logging (including calls by politicians like Montana’s Rep Ryan Zinke for logging within Wilderness Areas) then the public should at least have some facts and statistics available to help put the wildfires in context.

Despite Rhetoric, Study Finds Severe Wildfires NOT Increasing in Western Dry Forests

A new study from Dr. William Baker of the University of Wyoming titled “Are high-severity fires burning at much higher rates recently than historically in dry-forest landscapes of the western USA?“, was published today in the international scientific journal PLOS ONE, and is freely available here.

Below is a portion of the press release:

LARAMIE, Wyo., Sept. 9, 2015 /PRNewswire/ — Severe wildfires are often thought to be increasing, but new research published today in the international science journal PLOS ONE shows that severe fires from 1984-2012 burned at rates that were less frequent than historical rates in dry forests (low-elevation pine and dry mixed-conifer forests) of the western USA overall, and fire severity did not increase during this period.

The study by Dr. William Baker of the University of Wyoming compared records of recent severe fires across 63 million acres of dry forests, about 20% of total conifer forest area in the western USA, with data on severe fires before A.D. 1900 from multiple sources.

“Infrequent severe fires are major ecosystem renewal events that maintain biological diversity, provide essential habitat for wildlife, and diversify forest landscapes so they are more resilient to future disturbances,” said Dr. Baker. “Recent severe fires have not increased because of mis-management of dry forests or unusual fuel buildup, since these fires overall are occurring at lower rates than they did before 1900. These data suggest that federal forest restoration and wildfire programs can be redirected to restore and manage severe fires at historical rates, rather than suppress them.”

Key findings from the new study:

• Rates of severe fires in dry forests from 1984-2012 were within the pre-1900 range, or were less frequent, overall across the western USA and in 42 of 43 smaller analysis regions.

• It would take more than 875 years, at 1984-2012 rates, for severe fires to burn across all dry forests, which is longer than the range of 217-849 years across pre-1900 forests. These forests have ample time to regenerate after severe fires and reach old age before the next severe fire.

• Severe fires are not becoming more frequent in most areas, as a significant upward trend in area burned severely was found in only 3 of 23 dry pine analysis regions and 1 of 20 dry mixed-conifer regions in parts of the Southwest and Rocky Mountains from 1984-2012. Also, the fraction of total fire area that burned severely did not increase overall or in any region.

• Although not yet occurring in most areas, increases in severe fire projected by 2046-2065 could be absorbed in most regions without exceeding pre-1900 rates, but it would be wise to redirect housing and infrastructure into safer settings and reduce fuels near them.

Pre-1900 rates of severe fires were calculated from land-survey records across 4 million acres of dry forests in Arizona, California, Colorado, and Oregon, and analysis of government Forest Inventory and Analysis records and early aerial photography. These reconstructions are corroborated by paleo-charcoal records at seven sites in Arizona, Idaho, New Mexico, and Oregon.

Dr. William L. Baker is an Emeritus Professor in the Program in Ecology/Department of Geography at the University of Wyoming, Laramie, Wyoming. He is the author of over 120 peer-reviewed scientific publications, and also contributed to the new book, The Ecological Importance of Mixed-Severity Fires: Nature’s Phoenix, which features the work of 27 scientists from around the world.

Official Year-to-Date Wildfire Stats: Beyond the Rhetoric & Hysteria

This year, 63% of ALL wildfire acres burned in the U.S. have burned in Alaska, much of it over remote tundra ecosystems.
This year, 63% of ALL wildfire acres burned in the U.S. have burned in Alaska, much of it over remote tundra ecosystems.

With so much media and political attention focused on wildfires – and in some cases public lands management and calls to greatly increase logging on national forests by reducing public input and environmental analysis – it may be helpful to take a look at this year’s wildfire stats to see what’s burned and where.

Here’s a copy of the National Interagency Coordinator Center’s ‘Incident Management Situation Report’ from Tuesday, September 1, 2015.

• As of today, a total of 8,202,557 acres have burned in U.S. wildfires. In 1930 and 1931, over 50 million acres burned each year and during the 10 year (hot and dry) period from the late 1920’s to the late 1930’s an AVERAGE of 30 million acres burned every year in the United States. Additionally, the 2001 National Fire Plan update indicates that an average of 145 million acres burned annually in the pre-industrial, conterminous United States.

[NOTE: Under the George W. Bush Administration, the U.S. Forest Service and other federal government agencies largely purged all records and information about wildfire acre burned stats from before the period of 1960].

• This year, 63% of ALL wildfire acres burned in the U.S. burned in Alaska, much of it over remote tundra ecosystems. According to federal records, since 1959 the average temperature in Alaska has jumped 3.3 degrees and the average winter temperature has spiked 5 degrees.

• Less than 8% of ALL wildfires that have burned this year in the U.S. have burned in the northern Rockies.

• National Forests account for ONLY 15% of all wildfire acres burned in U.S. this year.

• 88% of all BLM (Bureau of Land Management) acres burned in wildfires this year were in Alaska, again much of tundra, not forests.

This information is not meant to discount specific experiences communities, homeowners or citizens have had with wildfires this year, but just serves as a bit of important, fact-based information and context  regarding what land ownerships have burned and where they are located.

Again, this information is especially important in the context of recent statements (and pending federal legislation) from certain politicians blaming wildfires on a lack of national forest logging or a handful of timber sale lawsuits.

If politicians are going to predictably use another wildfire season to yet again weaken our nation’s key environmental or public lands laws by increasing logging (including calls by politicians like Montana’s Rep Ryan Zinke for logging within Wilderness Areas) then the public should at least have some facts and statistics available to help put the wildfires in context.

Finally, please keep in mind that right now the U.S. Forest Service has the ability to conduct an unlimited number of ‘fast-track’ logging projects on over 45 MILLION acres of National Forest nationally – and on 5 MILLION acres of National Forests in Montana. This public lands logging would all be ‘categorically excluded from the requirements of NEPA.’

UPDATE: Below is a chart showing annual hectares burned in 11 western states from 1916-2012 showing a very strong correlation between wildfire and Pacific Decadal Oscillation (PDO), which is a robust, recurring pattern of ocean-atmosphere climate variability centered over the mid-latitude Pacific basin.

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