Forest planning opportunities: Nantahala-Pisgah, Gila, Wayne

The Nantahala-Pisgah is expected to release its draft EIS and draft revised plan this summer.  “MountainTrue and the Nantahala-Pisgah Forest Partnership will host expert panels on the future of the Nantahala and Pisgah national forests” at four locations this month “to keep folks engaged and up to speed on the plan’s progress.”  “The Nantahala-Pisgah Forest Partnership was formed to bring all interest groups to the same table, including timber, water, wildlife, recreation, wilderness and more.”  There is no mention of the Forest Service participating (nor is it evident on the forest plan revision website).

The Gila has offered a “preliminary draft of a revised land and resource management plan” for public comments through April 23.  “Feedback received on this preliminary draft forest plan will be used as Gila staff revise the forest plan and analyze alternatives under the National Environmental Policy Act process.  Changes, sometimes significant ones, will occur throughout the document prior to being released as the official Draft Plan later in the year.”  This is an additional opportunity to participate beyond the usual NEPA review periods.

The Wayne is hosting meetings to discuss the forest plan revision process it has just begun.  “The format of these meetings will be an open house in which staff from the Wayne National Forest will be available to explain the revision process and answer questions the public may have,” said Forest Supervisor Tony Scardina.  “It is also important for the public to understand that these initial meetings and webinars are not intended to discuss or address specific topics. That will come at a later time in the process and we look forward to hearing at these meetings how people would like to be engaged over the next several years.” (At least they are not downplaying the timeline.)  For those who can’t attend meetings in person, there will be web-based meetings in April!!

NFS Litigation Weekly – March 16, 2018

Litigation Weekly March 16

(Update.)  Plaintiffs filed a petition with the U. S. Supreme Court regarding the Ninth Circuit’s opinion that the Federal Land Management and Policy Act authorized the Secretary of the Interior to withdraw national park and Kaibab National Forest lands near the Grand Canyon from new uranium mining claims for 20 years.

(New case.)  This is a challenge to the Fish and Wildlife Service reversing its 2011 determination that the Pacific walrus warranted listing under ESA as a result of climate change.  (D. Alaska)

Cherokee National Forest objects to objection

Plaintiff environmental groups expressed concerns from the beginning of the Dinkey Project about the effects on water quality because of erosion caused by previous nearby timber projects in similar terrain.  After the Forest released the draft EA on the Project it also released a monitoring and evaluation report that revealed the erosion problems caused by the earlier projects and included recommended mitigation measures.  The EA and Decision Notice for the Dinkey Project failed to acknowledge this information and relied on mitigation measures that had failed in the earlier projects.  The complaint alleges violations of NEPA and also NFMA because the Project would be inconsistent with the forest plan requirements for soil protection and would cause irreversible resource damage.

The plaintiffs also filed an administrative objection to the Dinkey Project raising these concerns.  The Forest Service dismissed the objection, citing failure to comply with the requirements for objections as follows:

“Based on the information provided in your objection, the issues raised do not demonstrate connection to prior comments with specific violations of law, regulation, or policy. In addition, no specific proposed remedies are stated for consideration by the Reviewing Officer for resolving the objection. Therefore, the objection does not comply with 36 CFR 218.8(d)(5) and (6).”

Here are those requirements:

(5) A description of those aspects of the proposed project addressed by the objection, including specific issues related to the proposed project; if applicable, how the objector believes the environmental analysis or draft decision specifically violates law, regulation, or policy; suggested remedies that would resolve the objection; supporting reasons for the reviewing officer to consider; and

(6) A statement that demonstrates the connection between prior specific written comments on the particular proposed project or activity and the content of the objection, unless the objection concerns an issue that arose after the designated opportunity(ies) for comment (see paragraph (c) of this section).

The complaint describes how plaintiffs have met these requirements.  In my experience, it is unusual for the Forest Service to nitpick an objection like this, especially in a case where the parties have consistently described what their concerns are and what they would like the agency to do.  It’s certainly not consistent with the idea that pre-decisional objections are more collaborative than post-decisional appeals.  Is this a unique situation or is it a manifestation of Trump Administration policies to get rid of barriers to “getting the cut out” (again, “GTCOA”)?

Firestorm of Misogyny- Evergreen Magazine

Image from Evergreen Magazine
Evergreen Magazine had an interesting article here.

QUESTIONS FLORA RECENTLY SHARED WITH US AS THEY PERTAIN TO ADDRESSING HARASSMENT WITHIN THE AGENCY OF THE U.S. FOREST SERVICE:
What protocol is in place – within the agency – that effectively protects those who report harassment?
Is there a policy that addresses swift investigation and resolution? If so, is it being adhered to?
How fast and effective is the investigative process?
How quickly are these cases fully resolved?
What are the consequences if a USFS employee is found guilty of harassment?
How many individuals accused of harassment were moved in lieu of investigation?
How many individuals accused of harassment were investigated, found not guilty and then moved?
Are there protocols in place to prevent differential treatment in harassment cases by grade and position?
How many individuals have lost their jobs due to being found guilty of harassment?
How many individuals have left the agency due to ongoing harassment?
When do outside law enforcement agencies become involved? Are rapes and other sex crimes under a statute of mandatory reporting?

SUSAN MARSH WHO JUST PUBLISHED HER ARTICLE #METOO IN A CULTURE OF GOOD OLD BOYS, REMINDS US:
“In December of 2016 (just over a year ago), the U.S. House of Representatives Committee on Oversight and Government Reform, held a hearing on sexual harassment and discrimination within the Forest Service. Some of its “take-aways” included:

Harassment and discrimination have gotten worse since 2008.
Witnesses testified sexual assault, harassment, discrimination, and resulting retaliation have increased since 2008.
Whistleblowers shared personal accounts of sexual harassment, hostile work environments, and discrimination.
The Forest Service has shown a lack of accountability and a poor record of investigating allegations of sexual harassment, with perpetrators often escaping discipline by retiring, moving, or seeking [and getting] a promotion.

Here’s a link to Susan’s piece #Metoo in a culture of good old boys” which is worth a read. Susan and I started on the same forest at about the same time, and my memories were similar:

There was no hint of sexual harassment. But once I went to work in an office instead of out in the woods, I found that gender mattered. Women filled lower-grade clerical positions; men were professionals and decision-makers. Being one of the few professional women was lonely: we were largely dismissed by the men, resented by the clerks, and condescended to by leadership.

To be fair, though, there were more ways to be “not OK” than to be OK. Technicians were not as OK as professionals, but people with too much education beyond a college degree were eggheads, and not OK either. I once got into trouble in Region 5 for writing in my Consent Decree Action Plan that we could design training for administrative folks in natural resources so they could become line officers.. definitely admin people were not quite OK! (I was told “not to get their hopes up”). Of course, most admin people were women. Timber people were OK but silviculturists were kind of geeky and geneticists.. well…an unnecessary millstone that someone upstairs had hung around the FS neck. Wildlifers could be questionable. and engineers.. well one got to be Chief and that was shocking! Line officers are the OK-est of all, of course. People who had never worked on a district would never be legitimate, like never ever. Being OK was indeed a very, very small target and many of us gave up the pursuit of fitting in somewhere along the way. I think that this is much better nowadays, but I’m curious as to what current employees think.

More on Monuments and the Antiquities Act

What in an “object”?

Greenwire reports on controversy over a ~5,000 square-mile marine monument designated by the Obama admin: “Judge restarts lawsuit over Atlantic monument.”

Pacific Legal Foundation attorney Jonathan Wood: “Fishermen have waited a year for the government to respond to their lawsuit challenging a clear case of Antiquities Act abuse — locking fishermen out of an area of ocean as large as Connecticut.”

The 2016 proclamation states that “it is in the public interest to preserve the marine environment, including the waters and submerged lands, in the area to be known as the Northeast Canyons and Seamounts Marine National Monument, for the care and management of the objects of historic and scientific interest therein;”

Is this monument an “object”?

The proclamation cites the Antiquities Act, which “authorizes the President, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Federal Government to be national monuments, and to reserve as a part thereof parcels of land, the limits of which shall be confined to the smallest area compatible with the proper care and management of the objects to be protected;”

 

 

 

National monument planning on a fast track

The BLM will hold four scoping meetings the week of March 26  to identify key issues and planning criteria for two environmental impact statements (EIS) for the Bears Ears and Grand Staircase-Escalante national monuments, “but monument supporters say the BLM should holster its planning process until the courts resolve lawsuits seeking the monuments’ restoration…  Culver and other critics fear Interior is rushing to get lands holding fossil-fuel deposits back under lease to private industry quickly, before the courts have a chance to revoke Trump’s action and put the minerals off limits again…  Those deposits were reopened to mineral entry beginning Feb. 2, but BLM officials say they cannot be leased for development until a new management plan is in place for the 862,000 acres removed from the monument.”

So there is a planning process for lands removed from the GSE monument that were discussed here.  A new plan might authorize the chaining project that would be prohibited by the current plan, but it seems premature for the BLM to be developing that project assuming the plan would be changed to allow it.

Allegation of illegal logging, and a cover-up, on the Tongass National Forest

Old-growth forest clearcutting was ongoing last summer on the Tongass National Forest’s Big Thorne timber sale on Prince of Wales Island. Photo by Jacob Ritley, as part of the Tongass Groundtruth Expedition, 2016.

The following commentary is from David Beebe, a regular commenter on this blog, who also happens to be a resident and commercial fisherman in southeast Alaska for the past 30 years. These timber sales, specifically the Big Thorne timber sale, have been discussed on this blog numerous times in the past.

“If a tree falls in a forest and no one is around to hear it, does it make a sound?” We’re all familiar with this thought experiment in observation and perception.

So what if an investigation by the Washington Office (WO) of the US Forest Service visits the Petersburg, and Thorne Bay Ranger Districts reviewing the Tonka and Big Thorne timber sales, and they conclude in a report never intended to be made public, that thousands of trees fell in our public forest illegally? Does it make a sound in local newsprint when finally revealed? Not a peep was heard from the Petersburg Pilot on what would surely merit the highest level of local, and regional if not national newsworthiness.

Does the loss of millions of dollars in revenues to the communities of Petersburg and Thorne Bay make a sound on local public radio? Well, no. Although there were two CoastAlaska news reports, the first one misleadingly claimed the agency findings of fact were merely accusations by an environmental group regarding “mishandled timber sales.” The title of the second news report would have us believe the Big Thorne timber Sale was “short on timber,” and simply “a mistake.” At no time was the Tonka timber sale out of Petersburg ever mentioned in either of these stories.

A timber sale requires a contract which once signed, is a binding legal agreement enforceable by law. The WO investigation team determined the contract was neither enforced, nor could a valid copy be provided upon request. But that’s not all. Many more records necessary to assure proper oversight of millions of dollars in public resources were also found— to not exist.

There’s one of two possibilities here. Either public records exist, records necessary to assure the public that laws were followed — including the prevention of timber theft — or those records were destroyed to protect the perpetrators.

These systematic failures to comply with law on two different ranger districts in two separate timber sales can hardly be a “mistake.” The WO findings of monetary losses to municipalities were raised during a recent open house on the central Tongass planning to Tongass Forest supervisor, Earl Stewart. Stewart tried to dodge the question, was heckled, but still feigned ignorance of the WO findings of fact. This exchange was omitted from CoastAlaska’s news coverage of the meeting. Large-scale timber theft on the Tongass has been well documented in a white paper published in 1996. 20 years later, all the carefully designed agency methods to assure that this doesn’t happen again were systematically ignored in the Petersburg and Thorne Bay Ranger districts.

So either there is a system of gross maladministration, mismanagement and incompetence on the Petersburg and Thorne Bay Ranger Districts, or there exists a conspiracy of willful disregard of agency protocols, public trust, and public laws.

As Ani Difranco has noted, freedom of the press is meaningless if the press refuses to ask questions. News production is often referred to as the first draft of history, and this astonishing investigation revealing millions of dollars of taxpayer losses to the Petersburg borough and the community of Thorne Bay never made the local news roundup of 2017.

This April 4th will mark a full year since the public was first alerted to this Washington Office investigation, and it is time to hold accountable, not only the agency perpetrators, but the gatekeepers of local news.

A forensic accounting of this matter is essential.

David Beebe has been a Southeast Alaska resident and commercial fisherman for over 3 decades, During that time, he has closely followed issues related to environmental, social and economic policy, and has served on several non-profit boards, and council seats.

Some Recent Studies on Fast Speciation

Lake Constance Sticklebacks

Even when I was more active in the field (lo these many years ago) there were many unexplained things about genetics and evolution. But we didn’t have the technologies to look at specific changes. Here are a few recent stories that you might not have seen (shout-out to New Scientist magazine!). I am not saying that we shouldn’t try to protect genetic and species diversity. But genetic variation is constantly being produced as the environment changes, and the argument that evolution is too slow to replace it.. may not be up with some current scientific findings. The best summary is this article from CBC.

Fast Sympatric Speciation?

We cannot know for sure that the Lake Constance sticklebacks will continue evolving until they become two non-interbreeding species, says Marques. But evidence for sympatric speciation is growing, from mole rats in Israel to palms on Lord Howe Island, Australia, leading some evolutionary biologists, including Bird, to think it could be surprisingly common.

There is another case where sympatric speciation seems to be occurring nearly as fast as in the sticklebacks, Bird points out: apple maggots evolved from hawthorn maggots within two centuries of apples being introduced to North America.

As for the speed of the sticklebacks’ separation, there are now innumerable other examples of recent evolution that show how fast it can happen, from cancers becoming resistant to drugs and bedbugs becoming resistant to pesticides, to fish getting smaller to avoid becoming our dinner. It’s possible that such rapid evolution may even be the norm, rather than the exception.

Journal reference: PLOS Genetics, DOI: 10.1371/journal.pgen.1005887

New Species in Two Generations?

The saga began in 1981 when a young large male cactus finch of the species Geospiza conirostris flew more than 100 kilometres from Espanola island to Daphne Major. Peter and Rosemary Grant, two researchers from Princeton University, noticed his arrival because they had been studying the Galapagos finches for decades.
The foreign bird later mated with a local medium ground finch of the species Geospiza fortis. They produced offspring with such an unusual song that they couldn’t attract mates from any of the four local species on Daphne Major, so they mated among themselves. That kind of “reproductive isolation” is one of the very strong criteria that defines a new species, said Sangeet Lamichhaney, a postdoctoral researcher at the Museum of Comparative Zoology at Harvard University

There is also this example of quick adaptation, but it looks like phenotypic plasticity and not genetic change yet.

If the terminology is getting in the way of your appreciation, ask your question in the comments below and I will do my best to explain.

John Leiburg’s Forest Condition Reports 1900-ish

From Leiburgs report on the Little Belts, p. 19. 1904.

Our discussion of past landscapes reminds me of a very neat thing to do which would have been impossible before digitized manuscripts. In the early part of the 20th century, a fellow named John Leiburg surveyed many of our western forests (as did others in the East) and gave detailed descriptions of what the forests of the time were like. Because it was 1897-1905 or so (publication dates), Leiburg could see the contrast between what he called “Indian” and “white man” occupancy.

You can go to this very cool site, find the area you are currently living (if it’s one he covered) and look through the document. You can also make it word searchable and search on what you are interested and download the reports. Here is one of the hits I got for the Little Belt Mountains in Montana when I searched on “fire.”

BURNS.
The areas burned over since the advent of the white man comprise in the aggregate 111,600 acres. The devastation has been wrought during the last thirty-five or forty years, chiefly since the location of Neihart and Barker mining camps. However, during the Indian occupancy there were many fires, as shown by the age of the forest and the composition of the stands.
No large area of the reserve has remained untouched by fire during the last one hundred and fifty years. The most extensive unburned tracts are at the head of Middle Fork of Judith River and contain 3,000 or 4,000 acres. They have not been touched by fires during the last three hundred and fifty years. Since the advent of white men fires have been most severe and widespread in the two northern tiers and the most southern tier of townships, and during the last century and a half of Indian occupancy the most extensive burns were at the head of South Fork of Judith River, extending across the main divide of the Little Belt Mountains and including most of the lower slopes of the Musselshell drainage. The age and composition of the forest show that relatively more ground has been burned over during the occupancy of the region by the white man than during the last three generations of Indians, as during the forty years of the white man’s occupancy 22 per cent of the reserve was laid waste, and during the preceding one hundred and ten years 58 per cent was burned over.

IMHO there are also really good descriptions of how trees grew back then.. here’s one from the Absarokas..

When a tract of forest situated below the upper subalpine areas between the 8,000 and 6,500 foot levels is destroyed by fire lodgepole pine almost always follows as the primary restockage in at least 98 per cent of the cases. It is always set exceedingly close, having 10 to 20 seedlings to a square foot of ground in favorable situations. The close-set trees develop long, slender shafts, and as the stand becomes older the natural process of thinning begins. The final result is that when the stand reaches 80 to 100 years in age it is filled with long, slender dead trees, and is a veritable tinder box. Most of the stands of the ages mentioned are choked with such accumulations of dead and fallen timber. Further additions to the inflammable material are furnished by the wreckage of the former forest, as often in a forest through which fire has run there is left standing a mass of seasoning timber, although every tree may be killed. Gradually the fire-killed trees are thrown down by the wind, forming great tangled masses of kindling wood for future fires to feed on. All of the destructive fires of recent years appear to have originated, or at least to have gained headway, in the debris that litters the close-set lodgepole-pine stands, and as these constitute the great mass and hence the most valuable portions of the forest, they need to be particularly guarded.

I encourage you to check out your local Forest Conditions report and share any interesting insights here.

Sierra Nevada Lidar Study of Spotted Owls Suggests That Thinning Understory Might Be OK

Here is an interesting story from UCDavis via Treesource.

Remote sensing technology has detected what could be a win for both spotted owls and forest management, according to a study led by the University of California, Davis, the USDA Forest Service Pacific Southwest Research Station and the University of Washington.

For 25 years, many forests in the western United States have been managed to protect habitat for endangered and threatened spotted owls. A central tenet of that management has been to promote and retain more than 70 percent of the forest canopy cover.

However, dense levels of canopy cover leave forests prone to wildfires and can lead to large tree mortality during droughts. Thus, the disconnect between two significant land management goals.

In the study, published in the journal Forest Ecology and Management, scientists found that cover in tall trees is the key habitat requirement for spotted owls — not total canopy cover. It indicated that spotted owls largely avoid cover created by stands of shorter trees.

“This could fundamentally resolve the management problem because it would allow for reducing small tree density through fire and thinning,” said lead author Malcolm North, a research forest ecologist with UC Davis’ John Muir Institute of the Environment and the USDA Pacific Southwest Research Station. “We’ve been losing the large trees, particularly in these extreme wildfire and high drought-mortality events. This is a way to protect more large tree habitat, which is what the owls want, in a way that makes the forest more resilient to these increasing stressors that are becoming more intense with climate change.”

“The analysis helps change the perception of what is important for owls — the canopy of tall trees rather than understory trees,” said co-author and spotted owl expert R.J. Guitiérrez, a professor emeritus at the University of Minnesota. “The results do not mean a forest should be devoid of smaller trees because owls actually use some of those smaller trees for roosting. But it suggests a high density of small trees is likely not necessary to support spotted owls.”

Here’s the study. Of course, the press release format doesn’t cover the usual scientific caveats like they only studied part of California and so on..

I’m interested in how this fits in with what our readers in California have observed.