No. 08-033
February 22, 2008
Contact: Patty Henson, 360-902-1023; cell, 360-870-3853
State Forest Practices Board Adopts Permanent Rule on Moratorium Against Decertifying Spotted Owl Site Centers
Moratorium to Expire December 31, 2008
OLYMPIA – Today the Washington State Forest Practices Board voted at a special meeting to adopt a permanent rule continuing the statewide moratorium against decertification of owl site centers through December 31, 2008. Today’s special meeting was called to allow the Board to devote its February 13th meeting to the December storms.
Board Chair designee Vicki Christiansen commented on today’s vote, “This gives the Board the opportunity to fully consider the consequences of decertifying spotted owl sites, in light of owl recovery strategies and goals.”
Enacted with federal recovery planning underway for the species, this moratorium will allow the Board to review forest practices rules that protect spotted owl habitat, in light of declining spotted owl populations and current threats. These include competition from barred owls, the effects of past and current timber harvests, and habitat loss from wildfire. Forest Practices Board policies protecting the spotted owl are designed to complement federal plans and policies. While state and private lands contribute to spotted owl conservation, the majority of owl habitat and owls are located on federal lands.
Without the moratorium, owl sites could be decertified upon request of the landowner after three years of surveying indicate that owls no longer occupy a site. Once the State Department of Fish and Wildlife has reviewed the surveys for adherence to federal surveying protocols, the state may declare that a site is no longer occupied by owls, thereby changing its status from currently occupied to historically occupied. After this decertification, landowners are again eligible to conduct forest practices (such as timber harvesting and road building) in these areas without requirements for additional environmental review, such as environmental impact statements.
Originally approved in November of 2005, the moratorium was first set to expire after June of 2007, then subsequently extended through October of that year. In July of 2007, the Board voted to adopt an emergency rule to lengthen the ban for a second time to December of 2008. Today’s vote changes that to a permanent rule.
Prior to today’s vote, the Board discussed whether further action may be needed to address the factors that may be contributing to the owl’s population decline. The Board will hold three regularly scheduled meetings later this year when it can consider additional protection measures for the owl before the moratorium expires.
Other Board Business
In other business today, the Board responded to a staff request for additional direction regarding the evaluation of rule-making alternatives for the desired future condition of riparian or streamside forest zones. The proposed revisions to the rule are designed to insure that future streamside conditions are similar to those of unmanaged forests. Problems that have been identified during early steps in the environmental evaluation of the rule-making alternatives were outlined at the meeting. Following discussion, the Board directed staff to address those issues as rapidly as possible before continuing further environmental or economic analysis.
Today the Board also initiated rule-making on conversion activity and historic sites. WAC 222-16-010 would be amended to add a definition for activities relating to conversion of forestland to other land uses. WAC 222-16-050 would be amended to clarify historic sites as a trigger for public and environmental review under the State Environmental Policy Act (SEPA) for forest practices applications that are categorized as Class IV Special. The next step will be for the Board to conduct public hearings and receive public testimony on the two rule proposals and economic analyses of them.
Also today, the Board voted to approve pilot rule making for the Type N Experimental Buffer Project. This is a Cooperative, Monitoring Evaluation and Research (CMER) study that will evaluate streamside buffer effectiveness and provide scientific information for protection of headwater streams. The study will test the effectiveness of riparian management approaches that differ from the current forest practices rules in providing riparian functions such as bank stability and stream temperature along non-fish bearing streams in western Washington.
In addition, the Board was briefed today on CMER membership, 2008 legislative activity, and follow-up to the February 13th board meeting relating to the December 2007 storms. The Board requested staff to develop a work plan for consideration at the May meeting. The plan will address the role of watershed analysis, as well as operational and adaptive management aspects of rules protecting slope stability.
The Forest Practices Board
The Forest Practices Board, an independent agency, adopts rules that set standards for forest practices such as timber harvesting, forest road building, and reforestation. The rules protect the state’s public resources and natural environment, while maintaining a viable timber industry. The Board constantly reviews the forest practices rules in light of new scientific information, which is called adaptive management. The State Department of Natural Resources (DNR) provides staff support to the Board.
As Public Lands Commissioner, Doug Sutherland chairs the Forest Practices Board. He has designated Christiansen, DNR’s Executive Director of Regulatory Programs and Washington State Forester, to chair board meetings. Sutherland is administrator of DNR, and the 12th Public Lands Commissioner since statehood in 1889.
Board members reflect a broad range of knowledge and interests, including the other four state agencies concerned with forest resources and commerce—the Departments of Agriculture; Fish and Wildlife; Ecology; and Community, Trade, and Economic Development. In addition, the Governor appoints seven members representing the public, including a small forest landowner, a contract logger, and an elected county commission or council member.
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