Forest Guardians Newsletter: 12/24/97
12/24/97
*******************************
RELAYED TEXT STARTS HERE:
Headline: Forest Guardians Newsletter: 12/24/97
Source: John Horning
Watershed Protection Program
Forest Guardians
1413 Second Street
Santa Fe, NM 87505
505 988-9126
505 989-8623 fax
www.fguardians.org
Date: 12/24/97
*FRONTLINE*: FOREST GUARDIANS ONLINE NEWSLETTER
ISSUE 7, DECEMBER 24, 1997
-------------------------------------------------------------------------
1. TIMBER SALE IN ZUNI MOUNTAINS CHALLENGED
2. SLAPP SUIT AGAINST FOREST GUARDIANS DIRECTOR OVERTURNED
3. NM RANCHERS GET TAX FREE GASOLINE
4. CLINTON URGED TO PROTECT NATIONAL FORESTS, NOT JUST ROADLESS AREAS
*********
1. TIMBER SALE IN ZUNI MOUNTAINS CHALLENGED
First Commercial Sale in Years Draws Fire for Watershed Damage, Destruction
of Cultural Sites
Late yesterday, Forest Guardians filed an administrative appeal of the
first large commercial timber sale planned by the Cibola National Forest in
several years. The McGaffey timber sale, located in the Zuni Mountains
just west and north of the popular McGaffey lake recreation area, would
permit logging on 1,372 acres and involve 2.0 miles of road reconstruction.
The Forest Service estimates that about 1.2 million board feet of timber
would be removed, enough to fill over 200 log trucks.
Though relatively small, the sale will result in significant ecological
damage to the Zuni river watershed, several imperiled species, and a host
of culturally sensitive sites utilized by members of the Zuni Pueblo.
According to the Forest Service environmental assessment, the timber sale
will nearly double sediment loads into the Rio Nutria, a tributary of the
Zuni river. Increased sedimentation in this sensitive watershed violates
New Mexico's water quality standards and will destroy habitat for the Zuni
Mountain Bluehead Sucker, a state endangered fish species that finds
optimal habitat just downstream from the timber sale.
The sale will also imperil the northern goshawk by logging in its nest
stand, the Mexican spotted owl, and numerous neotropical migrant songbird
species.
In addition, the appeal contends that the Forest Service did not
demonstrate that there is any need for the project, either economically or
ecologically, or that the public supports the proposal in any way. The
Forest Service analysis did not demonstrate a demand for the wood products,
and did not establish that the timber sale area was in need of treatment
for forest health concerns. A petition with over 700 signatures opposing
the sale was presented to the Forest Service early on
in the planning process, and was apparently ignored, receiving no mention
in the environmental assessment. The petition, signed by local residents
and recreators, claims that recreational uses of the area far outweigh any
benefits that could be generated from commercial timber harvest.
The appeal also cites the Forest Service's failure to work with members of
the Zuni Pueblo to protect traditional cultural properties found in the
sale area. By law, the Forest Service must identify and protect these
properties with the assistance of Pueblo officials. However, in the
McGaffey timber sale, this requirement was apparently ignored.
******
2. SLAPP SUIT AGAINST FOREST GUARDIANS DIRECTOR OVERTURNED
Last August, Forest Guardians Executive Director John Talberth was sued by
David Arden Robart, a logger from the Alpine area who claimed that Forest
Guardians lawsuits had caused him economic harm, despite the fact that the
lawsuits named only the U.S. Forest Service as a defendant Forest Guardians
was a plaintiff in back to back cases that shut down most commercial
logging in the Southwest for the last two years. The case was filed in a
local small claims court in Alpine, for an amount of $2,500.
Ludicrous as it sounds, the small claims judge ruled in favor of Mr.
Robart, not on the merits, but out of default. The judge ruled that Mr.
Talberth's response to the case was not proper because it was filed through
an attorney. The default judgment drew local press as well as coverage in
People for the West's newsletter. Wise use adovocates hailed the decision
as a precedent that could be used to intimidate environmentalists from
filing lawsuits in the future.
Fortunately, the ruling did not stand. On December 5th, small claims court
ruled favorably on a motion to reconsider filed by Mr. Talberth, and
vacated the default judgment. Mr. Talberth's motion cited numerous
constitutional issues raised by the lawsuit, including the right to a fair
trial on the merits, and the Court's duty to base its decisions on
evidence. Mr. Robart produced no evidence in his suit, he merely alleged
that Forest Guardians' lawsuit had caused him harm, without even citing the
specific case. Now that the default judgment is lifted, Mr. Talberth is
considering filing a counter claim under laws protecting citizens from
frivolous lawsuits by commercial interests
******
3. NM RANCHERS GET TAX FREE GASOLINE
A new report has found widespread abuse of a program that provides tax-free
gasoline to New Mexico ranchers. Pat Wolff, public interest researcher and
former Forest Guardian employee, found that approximately 300 ranchers
abuse the program by using tax-free gas in vehicles that use state roads.
In a Dec. 12 letter to Wolff, a Taxation and Revenue attorney said that
program violators had never been caught. "If the state was truly interested
in enforcing this law, its inspectors would be checking all those big
trucks parked at the State Capitol during the legislative session" said
Wolff. An official confided to Wolff that "We all know it's a silly law.
It's only on the books because of the power of the ranching lobby."
******
4. CLINTON URGED TO PROTECT NATIONAL FORESTS, NOT JUST ROADLESS AREAS
A Dec. 23 letter from 18 grassroots groups urges President Clinton to
endorse the McKinney/Leach bill that protects and restores all national
forest lands instead of just a few roadless areas. The letter is included
below.
Please ask Clinton To Protect America's Life Sustaining Ecosystems.
The Honorable William Jefferson Clinton
President of the United States
White House
Washington DC 20500
December 23, 1997
Dear Mr. President:
Your presidency has been criticized for proposing small solutions that
nibble around the edges of big problems. A good example is your call on
November 14th for a new management policy for remaining roadless areas on
national forests.
Mr. President, the real need is to protect America's rich and varied
biological diversity, not simply the few remaining roadless areas that have
been traditionally valued for their scenic beauty.
The loss of our life-supporting ecosystems and the mass extinction of
species is a big problem for all Americans. In the United States alone, one
third of all plant and animal species are threatened with extinction. The
consequences for ecosystem services - worth trillions of dollars - could be
catastrophic. In effect, we are taking the rivets out of the airplane our
children must fly in.
Today's extinction crisis is fueled by the imperilment of entire
ecosystems, the vast majority of which are outside inaccessible,
low-productivity roadless areas. A 1994 Department of Interior report
identifies 126 endangered ecosystems in the United States which, in some
cases, have been reduced by more than 98 percent. A new roadless area
policy would not provide significant protection for these critically
endangered ecosystems.
As in the past, we are concerned that a roadless review will be used as
political cover to open "defacto" wildlands for development. In 1979, the
Forest Service recommended permanently protecting only 15 million acres of
the 80 million that were then inventoried as roadless on national forest
lands. Idaho has 9 million acres of roadless land, the most of any state in
the lower forty-eight, but the state's congressional delegation is
proposing to protect only 1.6 million acres, releasing 7.4 for development.
You said on November 14, "....these unspoiled places must be managed
through science, not politics." The best available science tells us that
roadless areas, national parks and wildlife refuges alone cannot protect
ecological communities. Twenty-nine mammals populations have disappeared
from western national parks since the turn of the century, despite complete
protection. Small island-like reserves, cut off by development, have become
zoos where species go to die.
Bipartisan legislation introduced on October 31 by Reps. Cynthia McKinney
(D-GA) and Jim Leach (R-IA) is a far-sighted step to enlarge our shrinking
reserves of biological diversity by protecting national forests as they
were originally intended. The National Forest Protection and Restoration
Act of 1997 redirects timber subsidies to restore federal forest lands to
their natural condition through scientifically sound restoration plans.
Displaced timber workers would be given a hiring preference and local
governments continue to receive revenue sharing payments. The act would
also establish a grants program to encourage development of alternative
fiber and building materials.
This legislation will end the federal forest logging program that last year
lost a record $791 million to produce less than 4% of the national wood
products consumption. It would be a help to small woodlot owners and
businesses producing alternative fibers that must now compete with cheap
federal timber supplies.
The federal logging program also eliminates jobs in recreation, tourism,
fishing and hunting. According to the Forest Service's own statistics,
these uses contribute 30 times more to the economy than logging. The bill
would leave intact firewood collection and other traditional personal uses.
We strongly urge you to endorse the McKinney/Leach bill.
In 1936, legendary wilderness advocate Robert Marshall said "The universe
of the wilderness is disappearing like a snowbank on a south-facing slope
on a warm June day." In his time, there were nearly 9 million acres of
wilderness in the Escalante-Glen Canyon area of the Southwest, the largest
single roadless area in the lower forty-eight states. The Grand
Staircase/Escalante national monument you established last year partially
protects a mere 1.7 million acres.
Mr. President, this tragic loss of wildlands must end. A vital first step
is to protect all national forest land, not just a few remnant roadless
areas. Then the hard work must begin to close roads, rehabilitate
clearcuts, remove dams and livestock from reserves and sensitive watersheds
and reintroduce extirpated wildlife.
We respectfully request that you provide visionary and passionate
leadership for the remainder of your presidency, leadership that addresses
the big issues and sets an example of responsible conservation for the
world.
Sincerely,
Forest Guardians, Santa Fe, New Mexico
Allegheny Defense Project, Clarion, Pennsylvania
Alternatives in Action, Athens,Georgia
Dogwood Alliance, Atlanta, Georgia
Forest Conservation Council, Santa Fe, New Mexico
Heartwood, Pali, Indiana
Kalmiopsis Audubon Society, Port Orford, Oregon
Klamath Siskiyou Wildlands Center, Williams, Oregon
Leavenworth Audubon Adopt-a-Forest, Peshastin, Washington
John Muir Project of the Earth Island Institute, Pasadena, California
Native Forest Council, Oregon-based national group
Native Forest Network, Missoula, Montana
Pacific Crest Biodiversity Project, Seattle, Washington
North Santiam Watershed Council, Salem, Oregon
Shenandoah Ecosystem Defense Group, Charlottesville,Virginia
Taxpayers for Headwaters Forest, Arcata, California
Superior Wilderness Action Network, St. Paul, Minnesota
Wild Wilderness, Bend, Oregon
John Horning
Watershed Protection Program
Forest Guardians
1413 Second Street
Santa Fe, NM 87505
505 988-9126
505 989-8623 fax
www.fguardians.org