Timber Harvest Plan (THP) 1-95-580 HUM (New Owl Creek THP):
This plan seeks to get around a 1995 permanent injunction against logging in marbled murrelet habitat in Owl Creek. Despite the fact that surveyors have observed occupied behavior by marbled murrelets in two sections of this plan, the California Department of Forestry (CDF) recommended it for approval on January 31. However, though the customary waiting period is over, there has not yet been a final decision on whether to approve or deny this harvest plan. Stay tuned. Action may start up rather quickly if this plan gets approved.
THP 1-95-099 HUM (The "Death Road"):
CDF denied this plan last year because it would probably result in a "take" of marbled murrelets, but PL has appealed that decision to the Board of Forestry. THP 099 would carve an eight-acre "road" through the heart of Headwaters forest, causing irreparable harm to the wilderness. People were invited to come and speak at the Board of Forestry hearing on PL's appeal, on March 5 in Sacramento. There, State agencies presented their reasons for denying the plan, then PL presented its case, and finally members of the public were allowed five minutes each to comment. The Board had upheld only two THP denials in the past decade, so a strong public showing at the Board was called for.
And a strong showing there was. Over 130 people inside the Board's chambers spoke against approving the "death road" into Headwaters Forest. Outside the Board chambers, hundreds more staged an all-day rally and drum-in to bring the heart beat of Headwaters to the Board of Forestry. At the end of the hearing, around 9:00 PM that night, the Board voted to uphold the denial of THP 099 and the "death road" into Headwaters was stopped!
Headwaters Salvage Logging Exemption:
There were two lawsuits regarding PL's plans to salvage log 196,000 acres of its timberland. Although the preliminary injunction issued in September 1995 has stalled salvage operations on 50,000 acres of critical marbled murrelet habitat, we need a final victory in court to close this lawless loophole. Even as we work toward a solution, PL is conducting "emergency" salvage operations despite the preliminary injunction. PL will do anything to fragment these last groves and reduce their value as habitat. Sierra Club & EPIC v. Keefer, a lawsuit in state court, was heard in the State Court of Appeals February 15 at 9:00 AM by Judges Stronkman, Stein and Dosse. This court decided that PL could conduct salvage logging on any of its lands except the 50,000 acres specifically protected by federal court order.
Federal Court in San Francisco March 14:
Pacific Lumber's appeal of the federal preliminary injunction was heard March 14 at the US Court of Appeals, Ninth Circuit. The stakes in this case were unbelievably high. If we lost this injunction, salvage operations could begin in Headwaters immediately. If we won, Headwaters will be protected until the case can go to trial. On the same day, this panel of judges will also hear PL's appeal of Judge Bechtle's historic 1995 permanent injunction against cutting in the ancient Owl Creek grove.
Marbled Murrelet HCP:
PL's proposed "habitat conservation plan" for the marbled murrelet, if implemented, would result in the cutting of every remaining old-growth tree on Pacific Lumber land over the next 35 years. This "35-year THP" is currently under internal review by the Fish and Wildlife Service. Let the FWS know that this kind of "conservation" cannot be tolerated! Write, call or fax Phil Detrich, FWS, 2800 Cottage Way, Rm. E-192, Sacramento CA 95825. Phone: (916) 979-2725. Fax: (916) 979-2723.
Frank Riggs' HR 2712:
In April, Congress will begin hearings on Rep. Frank Riggs' proposed HR 2712. Riggs claims that this bill will not only save Headwaters Forest but will also provide a wealth of logging jobs to make up for the jobs that will supposedly be lost if Headwaters isn't logged. But do not be fooled by Frank Riggs' rhetoric. HR 2712 is actually an insidious scheme, no doubt cooked-up deep inside the Wise Use Movement's think tanks, that, if passed by Congress, is likely to result not only in the cutting of Headwaters Forest but also in doubling of the cut in a host of other ancient forests as well, including stands in the Smith River National Recreation Area, the King Range Conservation Area, and particularly in the Shasta-Trinity and Six Rivers National Forests. This bill is designed to profit a few timber companies, especially PL/MAXXAM at our (we the people's) expense. Now is the time to contact your Congresspersons and Senators. Tell them the Riggs bill, HR 2712, is too misguided to fix and utter defeat is its only acceptable fate.
Debt For Nature Swap:
Charles Hurwitz, who owns Headwaters Forest because of a hostile takeover of Pacific Lumber by his MAXXAM Corporation, has been sued by the federal government for his part in the failure of a Texas Savings and Loan company that cost U.S. taxpayers $1.6 billion. The government has hinted that it might also sue MAXXAM and other of MAXXAM's Board of Directors for their parts in the S&L's failure as well. There exists, therefore, the possibility that Hurwitz could trade Headwaters Forest for part of the tremendous debt he owes the American taxpayers. However, the federal government must prevail in its suit(s) against Hurwitz before this possibility could become a reality.
For scheduled hearing times, or more information on any of these issues, contact EPIC at PO Box 397, Garberville, CA 95542. They can be reached by phone at (707) 923-2931, by fax at (707) 923-4210, and via email at epic@igc.apc.org. Long live Headwaters Forest!
Copyright Mendocino Environmental Center 1997
Permission granted to excerpt or use this article if source is cited