Major ESA Victory for Redwoods & Marbled Murrelet

***********************************************

WORLDWIDE BIODIVERSITY/FOREST CAMPAIGN NEWS

***********************************************

Forest Networking a Project of Ecological Enterprises

March 1, 1995

OVERVIEW & SOURCE

Following is the report of a victory in saving the Owl Creek

habitat near Garberville, CA. In a significant test of the

Endangered Species Act's implementation on private lands slated

for logging; the court ruled that logging of ancient redwoods must

stop to protect the Marbled Murrelet. This was posted by the

Environmental Protection Information Center in econet's

biodiversity conference.

*******************************

/** biodiversity: 740.0 **/

** Topic: MAJOR ESA VICTORY FOR REDWOODS! **

** Written 6:10 PM Mar 1, 1995 by tkatelman in cdp:biodiversity

From: Tracy Katelman <tkatelman>

---------- "MAJOR ESA VICTORY FOR REDWOODS!" ---------- */

Environmental Protection Information Center

Press Release 2/27/95

MARBLED MURRELET WINS IN COURT!

PERMANENT INJUNCTION GRANTED AGAINST PACIFIC LUMBER

LOGGING PLANS IN OWL CREEK

Contact: Laurel Sarachek, EPIC, (707) 923-2931

Macon Cowles, lead attorney, in Colorado, (303) 447-1332

Steve Crandall, attorney, in San Diego, (619) 233-4787

Mark Harris, attorney, in Eureka, (707) 822-9506

SAN FRANCISCO, February 27, 1995 -- A tiny seabird, the marbled

murrelet, has won the fight of its life over a logging company's

plan to destroy its nesting area in an old-growth redwood forest

in Humboldt County. In an unequivocal decision, U.S. District

Court Judge Louis C. Bechtle ruled today that a permanent

injunction against timber harvest plans in the Owl Creek area is

warranted to protect the habitat of this endangered species.

The Owl Creek area is owned by Pacific Lumber/Maxxam, and its

timber harvest plan (THP) for the stand of ancient redwoods has

been the subject of intense controversy since 1992, when co-

plaintiffs the marbled murrelet and the Environmental Protection

Information Center (EPIC) of Garberville, California, filed for an

injunction against logging in the area. At issue was whether or

not the stand is occupied by marbled murrelets, and whether

destruction of the murrelet's habitat constitutes a "take" under

the federal Endangered Species Act (ESA). This case is one of the

early challenges to logging on private land under the ESA.

The court ruled that evidence presented by the plaintiffs --

including satellite mapping showing the decimation of ancient

redwood forests, testimony of wildlife experts on the murrelet's

habitat requirements, and the questionable procedures of

PL's own wildlife surveys -- supported claims that Owl Creek is

marbled murrelet nesting habitat. This elusive seabird is known

to nest only on the mossy limbs of large old-growth trees in

coastal ancient forests.

The court found sufficient observations of "occupied behavior" in

and around the Owl Creek area to conclude that the stand is

occupied by marbled murrelets. The ruling states, "Pacific

Lumber's attempt to minimize the significance of these

detections is not persuasive because its evidence merely shows a

variety of efforts by the company to avoid, or at least

discourage, the inevitable recording of detections of marbled

murrelets, and to understate the importance of detections that are

recorded." In the decision, Judge Bechtle writes that "Pacific

Lumber's proposed implementation of THP-237 imposes a definite

threat of future harm to the marbled murrelet. The harvesting of

THP-237 will likely cause a violation of the ESA by sufficiently

degrading the birds' critical nesting habitat to the extent that

it will significantly impair the marbled murrelets' essential

behavioral patterns, including breeding, feeding and sheltering."

According to the ESA, killing protected species by destroying

habitat in which they carry out essential activities such as

nesting is prohibited. Though PL claimed it was not jeopardizing

the murrelet, the plaintiffs were able to convince the court

otherwise. Judge Bechtle found that implementation of the

proposed THP would "harm" and "harass" the marbled murrelet and

thereby cause a "take" of the species in violation of the ESA.

The ruling also agreed with plaintiffs' allegations that PL's own

wildlife survey data and procedures are "highly suspect." Not

only were PL's surveys not conducted by an independent and

impartial third party using the scientific method to determine

whether the Owl Creek stand is occupied by the marbled murrelet,

but the plaintiffs proved that PL survey forms which documented

the presence of the species were altered or "lost" by the company.

"This reprieve for the endangered marbled murrelet protects the

ancient trees and all the many species that depend on this

vanishing habitat," said Cecelia Lanman of EPIC. "This case

tested how far citizens and regulators can go in enforcing the

Endangered Species Act on private land. While this issue of

private land vs. cumulative impacts on wildlife and environmental

quality is far from concluded, the Owl Creek case is an important

milestone."

Boulder, Colorado trial lawyer Macon Cowles was chief counsel for

the plaintiffs in this two-week trial, which was heard in San

Francisco Federal District Court in August and September 1994.

-end-

Environmental Protection Information Center, Inc. (EPIC)

POB 397, Garberville, CA 95542

707-923-2931, fax 707-923-4210, epic@igc.apc.org

###RELAYED TEXT ENDS###

You are encouraged to utilize this information for personal

campaign use; including writing letters, organizing campaigns and

forwarding. All efforts are made to provide accurate, timely

pieces; though ultimate responsibility for verifying all

information rests with the reader. Check out our Gaia Forest

Conservation Archives at URL=

http://forests.lic.wisc.edu/forests/gaia.html

Networked by:

Ecological Enterprises

Email (best way to contact)-> gbarry@forests.org

Phone->(608) 233-2194 || Fax->(608) 231-2312