Posted
9/14/98
In
the final hours of its 1998 session the California legislature passed
Assembly Bill (AB) 1986, which provides over $245 million in state
funding for the flawed 1996 Headwaters "deal." Gov. Pete Wilson
is expected to sign the bill; but the battle is not over.
A "deal"-mandated
Habitat Conservation Plan (HCP) covering Pacific Lumber Co.'s
(PL's) forest lands now represents the best opportunity to bring
about improvements in the "deal's" protections for forest-dependent
threatened species. Public comments on the HCP can significantly
strengthen environmental safeguards, as well as help build a case
for future litigation on behalf of the forest. |

Northern
spotted owl. By Larry Eifert |
Headwaters Forest activists had posted an interim victory when Wilson
on Aug. 20 signed a state budget bill that omitted funding for the
"deal." The removal of the funding from the budget bill came in
large part as a result of public pressure on legislators to improve
environmental protections before funding a MAXXAM Corp./government
agreement fraught with deficiencies. MAXXAM is the parent company
of PL, which owns Headwaters.
From
mid-March through August Forests Forever organizers generated about
6,600 collected letters from Northern California citizens, over
5,000 petition signatures, and an additional 45,000 committed letters
and calls urging decisionmakers to oppose "deal" funding unless
the HCP's watercourse, wildlife and ancient grove safeguards were
strengthened.
Preventing
passage of the "deal" in the budget bill helped bring about some
modest improvements to the final acquisition bill.
Final
AB 1986 amendments added $115 million to the state's portion of
the acquisition funding, up from the original $130-million price
tag. Of this additional sum, $80 million was added to buy the 925-acre
virgin Owl Creek Grove, $20 million went toward purchase
of the 1200-acre Grizzly Creek parcel and $15 million was
directed to Humboldt County to offset any loss of timber tax revenue
that might result from the purchase.
In
all, then, about 9,500 acres will be permanently protected from
logging, up from 7,500 before the vote. (The 7,500 acres already
covered acquisition of the ancient Headwaters and Elk
Head Springs groves.)
Stream
protections also were improved a little in the bill. Original "deal"
language called for 30-foot no-cut zones on either side of Class
I (fishbearing) streams, with mere 10-foot buffers on Class II (perennial
non-fishbearing) streams. Once signed by the governor the new agreement
mandates a three-year study period during which Class I streams
will be protected from logging out to 100 feet from the stream bank,
and Class II streams to 30 feet.
Following
the three-year watershed analysis, however, federal officials may
determine buffer zone widths and substantially lower them.
But
while some improvements were made in the "deal" the passage of AB
1986 marked the elimination of environmentalists' best recent tool
for protecting the forest-- withholding acquisition funding from
MAXXAM. And thanks to the bill's passage most of PL's more than
200,000 acres would be converted to even-aged forest, essentially
condemning precious habitat to clearcutting every 50 years or less.
Forests Forever and other groups have called for protection of the
entire 60,000-acre Headwaters Forest.
When
the 50-year HCP expires the agreement exposes to logging roughly
half of all the ancient and residual old-growth redwood acreage
on PL property– about 10,300 acres, including the Allen
Creek, Shaw Creek and All-Species virgin groves. An additional 8,700
acres of ancient Douglas fir also is slated to be cut.
Charles
Hurwitz and his MAXXAM Corp. will be paid $480 million for less
than five percent of PL's land. MAXXAM purchased PL and all its
holdings in a 1986 leveraged buyout for about $850 million, and
since has extracted an estimated $1.5 billion from the forest.
What
you can do:
Contact
federal officials and tell them the current HCP provisions would
further imperil listed species and fragile old-growth habitat. A
suitable HCP would provide:
-
Watershed
protections consistent with the respected federal Forest
Ecosystem Management Assessment Team (FEMAT) standards,
saving a 300- to 600-foot no-cut zone along fishbearing streams,
and
-
Permanent
protection for all ancient redwood groves, including Allen
Creek, Shaw Creek and All Species groves, which are critical
habitat for listed species including the Marbled murrelet and
Coho salmon.
Michael
Spear
California/Nevada Operations Manager
U.S. Fish and Wildlife Service
2233 Watt Avenue, Suite 120
Sacramento, CA 95825-0509
916/979-2034 phone
916/979-2056 FAX
mike_spear@r1.fws.gov
Reference
the HCP as U.S. Fish and Wildlife Service permit request #PRT-828950.
Dr.
William Hogarth
Regional Administrator- SWR
National Marine Fisheries Service
501 West Ocean Blvd., Suite 4200
Long Beach, CA 90802
562/980-4000 phone
562/980-4018 FAX
William.Hogarth@noaa.gov
Reference
the HCP as National Marine Fisheries Service permit request
#1157.
Send
a copy of your letters to the elected official who is the Clinton
Administration's point person on the precedent-setting effect
of this HCP on Pacific Northwest salmon:
Vice
President Al Gore
c/o Council on Environmental Quality
Old Executive Office Building
Washington, DC 20501
For detailed information on HCP comments, log on to the KRIS
Coho website at http://www.pond.net/~kris/KRISHome.htm
Watch
your local newspaper or the Forests Forever website for details
of the upcoming public hearings on the HCP.
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