Story Published:
May 24, 2006 at 3:27 PM PST
Story Updated:
Aug 31, 2006 at 7:26 AM PST
OLYMPIA - With the threat of a lawsuit looming, the
state is moving forward with two new rules intended to expand
protection for the northern spotted owl, whose numbers have been in
rapid decline.
The state Forest Practices Board will hold four public hearings
around the state on two proposed amendments. The first hearing is
Thursday in Kelso. Three others will be held during the first two
weeks of June in Forks, Yakima and Mount Vernon.
The board could make a decision on Aug. 9 to make the rules
permanent.
One rule imposes a temporary moratorium on the practice of
"decertifying" spotted owl sites until June 30, 2007, when a
federal recovery plan for the owl is expected. The state has opened
thousands of acres of forest lands to logging by decertifying
so-called "owl circles," a radius of 1.8 miles around sites where
owls have been found.
Conservationists blame decades of clearcutting in old-growth
forests, the owls' primary habitat, for the birds' decline, and had
sought a rule that put a moratorium on logging on all state and
private lands unless an environmental review of the area to be
logged was done first.
"The emergency rule and new rulemaking does not go far enough
to protect the species and maintain a forest habitat," said Heath
Packard, policy director of Audubon Washington. "Until adequate
strategies are developed and implemented to achieve recovery of the
population, we should not be harvesting owl habitat."
Because the board did not adopt the more restrictive moratorium,
the Seattle and Kittitas chapters of the Audubon Society filed a
60-day notice in April of their intent to sue Weyerhaeuser Co. and
the state Department of Natural Resources.
State Land Commissioner Doug Sutherland, who is chairman of the
forest practices board, said the conservationists' request was
unreasonable.
"If you had a total moratorium on all harvesting, you're
talking about areas where no known owls have ever been there," he
said. "Why would you penalize people who had no contribution to
the status of owls?"
Weyerhaeuser officials did not return calls seeking comment. But
timber industry officials said logging can't be blamed for the
owl's predicament.
"More trees isn't the answer. It's not that simple," said
Cindy Mitchell with the Washington Forest Protection Association,
which represents large timber companies. "There are areas where
there are plenty of trees and owls are still having issues."
"We're seeing the owl population suffer in our state for a
variety reasons, and we need to look at why that is, not conjure up
old arguments and old bad feelings. That does not move us
forward."
The state board, which oversees timber harvesting on 12 million
acres of state and private lands, voted last August to begin the
process of changing rules protecting spotted owl habitat. In
September, the board approved the two emergency rules, which are
now up for permanent adoption.
The other rule eliminates the potential for landowners without
agreements to manage land with minimal habitat damage to benefit
from actions on adjacent lands covered by such pacts.
The spotted owl was declared a threatened species under the
federal Environmental Protection Act in 1990, primarily because of
logging in the old-growth forests of the Northwest. That
designation led to an 80 percent cutback on logging in national
forests and restrictions on private timberlands.
Loss of habitat due to wildfires and harvesting, the West Nile
virus and intrusions by barred owls into spotted owl territory have
all been blamed for contributing to decline of the spotted owl.
Of the approximate 7,500 pairs of spotted owls in the West,
about 1,500 pairs are believed to be in Washington state.
Last year, the Seattle and Kittitas chapters of the American
Audubon Society sued the U.S. Fish and Wildlife Service over its
failure to come up with a recovery plan for the bird. That case is
pending.
This March, a settlement was reached among environmentalists,
state government and the timber industry to make 42,000 acres of
high-quality owl habitat virtually off-limits to logging. Light
thinning with an eye toward habitat improvement would be allowed on
another 45,000 acres of lower-quality habitat. That settlement
ended a lawsuit that began in October 2004.