Mexican Spotted Owl Leaders Forum Webinar

FYI, this cam in today…. Steve

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

On behalf of the Forest Service Southwestern Region and the U.S. Fish and Wildlife Service, you are cordially invited to attend the virtual Mexican Spotted Owl Leaders Forum Webinar.

Where: You are invited to a Zoom webinar.
When: Wednesday, March 3, 2021, 9:00 AM  – 12:00 PM Mountain Time
Topic: Regional MSO Management Strategy Overview

Please click the link below to join the webinar:

https://us02web.zoom.us/j/81321242215?pwd=SzdFZUJBNWNTaDJQRExmUVJUaFFXQT09
Passcode: 377717

Telephone:
US: +16699006833,,81321242215#,,,,*377717#  or +12532158782,,81321242215#,,,,*377717#

Webinar ID: 813 2124 2215
Passcode: 377717

The Forest Service Southwestern Region and the U.S. Fish and Wildlife Service have developed a Mexican spotted owl management strategy.  We are confident that by following this strategy and working closely with our partners that appropriate steps can be taken to improve habitat to benefit the Mexican spotted owl.  On March 3rd from 9-12 the Forest Service and U.S. Fish and Wildlife Service will host a webinar to present the six points of the Mexican spotted owl management strategy and answer questions.

Moving forward, the Forest Service recognizes that transparency with our audience is an important part of communicating and keeping track of the Mexican spotted owl’s progress. This webinar, along with some of the tools showcased and explained within the webinar, should create a broader understanding of what is being done to benefit Mexican spotted owl and its habitat.

Feel free to respond to this email with any questions or concerns, and if you are a member of the media, please RSVP.

Thank you and we look forward to seeing you there.

Forest Service Shield

Gordon Claggett, MA
Public Affairs Specialist

Forest Service

Southwestern Region

p: 443-235-5784
[email protected]

333 Broadway Blvd. SE
Albuquerque, NM 87102
www.fs.fed.us

NFS Litigation Weekly February 19, 2021

The Forest Service summaries are here:  Litigation Weekly February 19, 2021 EMAIL

(The last summary we received was dated January 8, so we’ve missed a few things.)

Links for each case are to court documents.

COURT DECISIONS

WildEarth Guardians v. U.S. Forest Service (D. Utah).  On February 5, 2021, the District Court of Utah upheld the authorizations for a 400-well oil and gas development project on the Ashley NF with regard to NEPA, NFMA, Mineral Leasing Act, Roadless Rule, Clear Water Act and APA claims.

Idaho State Snowmobile Association v. U.S. Forest Service (D. Idaho).  On February 10, 2021, the District Court of Idaho reversed and remanded a travel management decision involving snowmobile access and closure of 72,447 acres of the Sawtooth NF because the research relied on did not support the conclusions about wildlife in the EA.

NEW CASES

Arizona Mining Reform Coalition v. U.S. Forest Service (D. Ariz.).  On January 22, 2021, the plaintiff filed a complaint in the District Court of Arizona, regarding the conveyance of Oak Flat Parcel as part of the “Southeast Arizona Land Exchange and Resolution Copper Mine Project” on the Tonto National Forest that was approved on January 15, 2021.

Friends of the Clearwater v. Cheryle Probert (D. Idaho).  On February 4, 2021, the plaintiff filed a complaint in the District Court of Idaho, challenging a October 2017 Travel Planning Record of Decision, which allows motorized use along the Fish Lake Trail within a Recommended Wilderness Area on the Nez Perce-Clearwater National Forest.

NOTICE OF INTENT

On January 26, 2021, Western Watersheds Project and Rocky Mountain Wild alleged violation the Endangered Species Act and National Forest Management Act regarding the Final Record of Decision and the Final Environmental Impact Statement for the Thunder Basin National Grassland 2020 Plan Amendment because of the failure to carry out programs to conserve the black-footed ferret.

OTHER CASES

Montana Environmental Information Center vs. Bernhardt (D. Montana).  On January 25, 2021, the Montana District Court denied Plaintiff’s Motion for Preliminary Injunction regarding the Rosebud Mine expansion in southeast Montana and its effect on the endangered pallid sturgeon. (The Forest Service is not a named party in this litigation nor are any mining operations on NFS lands. The summary was provided for information purposes.)

Price v. Barr (D. D.C.).  On January 22, 2021, the District Court entered a declaratory judgment and permanent injunction against permit and fee requirements for commercial filming in a national park because they are unconstitutional under the First Amendment (as we discussed here).

Natural Resources Defense Council v. U. S. Department of the Interior (N.D. California).   On January 25, 2021, NRDC, filed a complaint for Declaratory and Injunctive Relief in the Northern District of California against the U. S. Fish and Wildlife Service, challenging the decision to remove the gray wolf from the list of threatened and endangered species.

Key Abstractions in Forest Management and Conservation: 1. Sustainability and Sustainable Forest Management.

Jon and I have been discussing whether “ecological integrity” and  “resilience” are in fact, the same thing.   I think it makes sense, though, to start from the beginning and go through all the abstractions we’ve used for the past 40 years or so, looking at (1) what actors defined and promoted them, (2) the place of humans in the abstractions, including indigenous and local people, 3) how they handle climate mitigation and adaptation, and 4) how or if the concepts have a link to management practices on the ground.  Two caveats, though, this is mostly from my own memory supplemented with links, so other knowledge, ideas and perspectives (and links!) are welcome.

The first to examine is “sustainability.” This was seen to be the intersection of social, economic and ecological sustainability.  Who defined it: I think the international development community but then the forest community ran with it.  It’s particularly interesting as a result of the Montreal process towards sustainable forest management, the group developed criteria and indicators of sustainable forest management. Here they are:

You’ll note that two additional abstractions- biodiversity and forest ecosystem health- are included in the C&I, also global carbon cycles, even though they came out in 1995.

Then Canada took those and developed its own forest certification standard.  So if you wanted to track this concept, you could go all the way from the abstract idea of sustainability to what things forest managers can and can’t do, and what they should be concerned about.

From the CSA Website:

Developed for Canada CSA Z809 is written specifically for Canada and its publicly-owned forests. The standard was built on top of strong legislative frameworks that govern forestry, follows the CCFM Framework for Sustainable Forest Management, and sets the benchmark for community involvement.

An Active Community Voice in Forest Management
Local advisory committees are involved in identifying values, objectives, indicators and targets for criteria and indicators of Sustainable Forest Management. They also participate in annual
reviews of performance against targets, and continual improvement discussions.
Current, Relevant and Evolving
Helps organizations meet for performance goals and allows for continual improvement through a management system of planning, implementing, checking, corrective actions and management
reviews.
Transparency
Outlines how certain information must be made publicly available, such as CSA Sustainable Forest Management plans, annual reports on progress against those plans; and results of independent
certification and surveillance audit reports.
Independent
The standard was developed in an independent and transparent process.
Labels for Forest Products with Integrity
The CSA Group Forest Certification Program allows the use of PEFC Chain of Custody labels that demonstrate compliance with the a wood product has been sourced standard and assurance that
responsibly & legally.

If you note, this sounds a bit like national forest planning in the US.

So it appears to me that sustainable forest management was discussed and debated by the usual suspects in the forest policy sector.  At least in Canada, it reaches from concept to the ground, including the use of local advisory committees, defined criteria and indicators, transparency and third party certification.  They updated the standard in 2016 and

Aboriginal Relations
A stronger, standalone section specific to Aboriginal people has been created which highlights the understanding of Aboriginal title and rights, the importance of building good relationships, being flexible in ways of involving Aboriginal communities in forest management planning, and including efforts to identify and resolve disagreement.

Now, there’s another very large body of literature around forest certification itself, which I can’t do justice here.

What about climate? Interest in climate has grown since 1995. In a brief review, I haven’t been able to trace carbon and adaptation concerns into specific current standards, but I’m sure that issues like carbon, reforestation, and adaptation are included.

This GOP congressman wants to remove 4 dams to save Idaho’s salmon.

 

THE FOUR DAMS THAT COULD BE REMOVED

These four dams on the Lower Snake River could be removed under a proposal being championed by U.S. Rep. Mike Simpson, R-Idaho. Click or touch the icons to see more info on each dam and t.

Map: NATHANIEL LEVINE  | Sources: U.S. Rep. Mike Simpson, U.S. Army Corps of Engineers

Rocky Barker has an extensive and super interesting story about US Rep Mike Simpson’s approach for dam removal of some dams on the Lower Snake River.

Numerous parts of interest to TSW readers. It’s interesting that very large sums of money from the feds to all concerns seem to be the key to settling this conflict. I wonder whether that concept is more broadly applicable?

U.S. Rep. Mike Simpson of East Idaho released the plan after asking more than 300 groups what they would need if the dams came out.

Power marketed by the Bonneville Power Administration from the four controversial dams would be replaced. Shippers and farmers would get funds for alternatives to the barge shipping on the Snake and compensation for closed barge facilities. Lewiston in Idaho and the Tri-Cities in Washington would get billions for economic development.

Farmers across the Pacific Northwest, including those in Idaho’s Magic Valley, would get billions of dollars in incentives for water-quality projects. Farmers in Washington that now pump out of the reservoirs behind the Snake dams would get millions in compensation that they could use for altering their diversions.

The plan would be funded by a federal infrastructure bill.

“If we give the farmers, bargers, ports, the BPA and communities the necessary resources, each sector can develop a certainty and security putting the Northwest and Idaho salmon on a path to sustained viability,” Simpson said in a video news release released Saturday night.

Simpson says his “concept” would ban litigation over the four Columbia River dams for 35 years and increase salmon funding for states and tribes, which would co-manage salmon restoration.

The newly free-flowing river would be protected in a proposed Lower Snake River National Recreation Area.

Two elements of interest..restricting litigation..

Environmental groups would have to give up the tool that has given them the most leverage to force the region to try to save salmon: lawsuits alleging violations of federal environmental-protection laws. The groups are not happy about that, but are willing to give it a try.

“The dams aren’t going to come out without an agreement on certainty,” said David Moryc, associate director at American Rivers, a national group pushing for river restoration. “We’re committed to providing that kind of certainty to get this thing done.”

The details of the litigation moratorium will be critical, said Kurt Miller, executive director of Northwest River Partners, which represents electric utilities, shippers and others who have defended the dams. The moratorium would have to include not only the Endangered Species Act but also the Clean Water Act.

Overall, Miller said Simpson has listened to people’s concerns and recognized the value of the four dams.

“It’s a serious plan at a unique time and it deserves to be vetted and heard,” Miller said in an interview.

And how will the power be replaced?

The fund would include $10 billion to replace the power generated by the four dams. Simpson said that could include a mix of solar, wind, nuclear, batteries and managed demand.

BPA would get an additional $4 billion to replace the energy lost from increased spilling of water over the remaining four dams on the Columbia. Spilling water over the dams, away from the power turbines, improves salmon migration.

Another $2 billion would go into grid upgrades that would make the region’s aging transmission system more resilient and efficient.

Simpson’s plan would also raise the cap for BPA to borrow from the federal treasury.

Maybe it’s easier for them to switch over to new power sources because BPA can just built the new facilities themselves (?).

And the politics

Simpson said a bill crafted by the bipartisan Pacific Northwest congressional delegation and the governors of Oregon, Washington, Idaho and Montana could be incorporated into an infrastructure package proposed by President Joe Biden this year, when the delegation has the most clout because of its tenure and committee assignments.

It would be kind of nice to see federal megabucks being spent outside of California and Florida, and of course, also great to get the salmon back.

Anatomy of a Timber Sale Lawsuit

Folks, as some of you know, I’m editor of The Forestry Source, the newspaper of the Society of American Foresters. I’m thinking about writing an in-depth article with a title similar to the subject line of this post: “Anatomy of a Timber Sale Lawsuit.” I’d look at one specific project from inception on, and get input from a variety of sources and perspectives. I’d strive to be evenhanded, thinking that a look a sale that was litigated and why, and the lessons learned, would be enlightening not only to Forestry Source readers, but to the denizens of The Smokey Wire.

Two questions, for now:

  1. Is this a crazy idea?
  2. What project would make for a good case study?

FWIW, my time with the Society of American Foresters is short. I recently learned that SAF will not renew my contract as editor — after 14+ years. The June edition will be my last. The official reasoning is that SAF wants to “shift to a more financially sustainable model.” I’ll need to shift to a more financially sustainable model, too. Anyhow, I’d like to pursue this story idea while I can.

Or would some other outlet be better?

— Steve

RIP Commercial Filming Permits

I shed no tears for the death of “commercial filming” permits. Last week, a federal district court judge declared the law requiring permits for commercial filming on public lands an unconstitutional infringement on speech. The court entered a permanent injunction enjoining the permit program and its enforcement.

The court’s postscript noted that “a more targeted permitting regime for commercial filming, which is more closely connected to the threat posed by large groups and heavy filming equipment, may pass constitutional muster in the future.”

Special-use permit administrators everywhere should be breathing a sigh of relief.

Monumental climate action by President Biden

For places like the Greater Chaco region of northwest New Mexico, where WildEarth Guardians has worked tirelessly with Tribal and Indigenous allies to confront unchecked oil and gas development, today’s action and orders by President Biden means new hope for justice and protection of this sacred landscape. Photo by John Fowler.


Executive action halts new oil and gas leasing on public lands and offshore waters

More work lies ahead, but today’s climate orders mark big steps toward a just transition, protecting public lands, and keeping dirty fossil fuels in the ground

Denver—WildEarth Guardians today celebrated President Biden’s bold actions to confront the climate crisis, safeguard public lands, and ensure the United States justly transitions away from fossil fuels.

“Today’s actions by President Biden are historic and absolutely what’s needed to restore and bolster the United States’ momentum in confronting the climate crisis and achieving a just economic transition,” said Jeremy Nichols, Climate and Energy Program Director for WildEarth Guardians. “We still have our work cut out for us, but no U.S. president has done more to energize climate action and make environmental justice a priority.”

In a series of Executive Orders, President Biden issued sweeping direction to align the United States’ federal government with scientifically-based greenhouse gas reduction targets and clean energy goals.

The Orders set bold conservation objectives, including conserving 30% of U.S. lands and oceans by 2030, establish audacious economic revitalization initiatives, and create new, high level agencies and working groups to direct and lead climate action in America.

Notably, President Biden ordered a ban on the sale of public lands and waters for fracking and directed a review of federal fossil fuel management programs. The action represents a monumental step toward winding down and ultimately phasing out coal and oil and gas production on public lands in the American West.

“President Biden’s actions today are a refreshing and long-overdue acknowledgment of the reality that we can’t frack our way to a safe climate,” said Nichols. “It’s time to get the federal government out of the fossil fuel business and into the business of helping communities transition to become cleaner, healthier, more equitable, and more prosperous than ever.”

Added Nichols, “Most importantly, today’s actions ensure public lands will not continue to be sacrificed to oil and gas companies at the expense of our clean air and water, fish and wildlife, and the health and sustainability of the landscape of the American West.”

Five years ago, WildEarth Guardians helped launch a campaign to halt federal coal and oil and gas leasing on public lands.  While coal leasing has ground to a virtual halt due to plummeting market demand, oil and gas leasing surged under both President Obama and Trump.

Today’s actions by President Biden are the culmination of intense and persistent grassroots organizing, coalition building, and legal pressure brought by WildEarth Guardians and other groups committed to keeping fossil fuels in the ground.

“’Keep it in the Ground’ has been our rallying cry from day one and today, that commonsense approach to climate action is finally being put into action by our federal government,” said Nichols. “With today’s orders, public lands are thankfully being put to work for the climate, not for fossil fuels.”

“We still have our work cut out for us, the fossil fuel industry will certainly fight back under the flags of climate denial and greed,” added Nichols. “But today, President Biden has set the stage for bold reforms that cut through the oil, gas, and coal industry’s denial and deception and make justice a reality.”

For an additional fact sheet provided by the Biden administration, click here.

The Surprising Ways American Wilderness Intersects with the COVID-19 Pandemic

FYI, Smokey Wire wilderness watchers….

The Forest History Society presents the “Unprecedented Seasons” virtual lecture series

ISOLATION AND WILDERNESS:
The Surprising Ways American Wilderness Intersects with the COVID-19 Pandemic

with DJ Lee

Acclaimed author and historian DJ Lee will deliver a virtual talk on January 29, 2021. The talk is FREE but registration for this Zoom event is required.

DJ Lee spent significant portions of the last 15 years in the secluded mountains of Idaho and Montana conducting the Selway-Bitterroot Wilderness History Project. Drawing on that and other wilderness experiences and research and wilderness-themed art work, Lee will discuss the ways American wilderness, as a concept and a physical place, intersects with some of the causes and effects of the COVID-19 pandemic. For more information about this event and to register, visit our website.

January 29, 2021
2:00 – 2:45 p.m. EDT
FREE

RMRS: Spotted Owls, Wildfire, and Forest Restoration

New report from the Rocky Mountain Research Station: “Through the Smoke: Spotted Owls, Wildfire, and Forest Restoration”. Lots of focus on Mexican spotted owls, but also their cousins.

KEY FINDINGS

  • Wildfires are likely to increase in extent or severity, or both, throughout most of the range of the spotted owl, indicating a potential for large-scale habitat loss in the future.
  • Within the range of the Mexican spotted owl, a 13-fold increase in area burned is expected by the 2080s.
  • High-severity fire can decrease habitat suitability considerably for nesting Mexican spotted owls. For example, mean habitat suitability decreased by 21.9 percent 3 years after the Wallow Fire in Arizona.
  • Mexican spotted owl occupancy decreased by more than 50 percent 14 years after the Rodeo-Chediski fire in Arizona in 2002.
  • Areas with suitable nesting habitat may be more prone to high-severity fire.
  • Some types of fire can result in improved habitat for prey and food resources for the Mexican spotted owl, but that improvement may not compensate for the loss and degradation of nesting habitat.

Quote from Joe Ganey, research wildlife biologist at the Rocky Mountain Research Station:

“There’s a high potential for rapid loss of the highest quality owl habitat due to increasing wildfire extent and severity,” Ganey says. “That’s kind of the crux of the issue. Everything that we know from 40 years of research on spotted owls across their entire range suggest that this could be the case.”

MANAGEMENT IMPLICATIONS

  • Protecting remnant patches of mixed conifer and pine-oak forest with large trees and high canopy cover is important to conserve Mexican spotted owl nesting sites.
  • Long-term monitoring is essential to understanding spotted owl population trends and response to fire.
  • Integrating the beneficial roles of fire and restoration thinning into spotted owl conservation in the West may be critical for maintaining habitat, especially with a changing climate.