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News StoriesRecreation Committee Meeting
On July 28, 2008, the Recreation Committee of the Jackson Advisory Group (JAG) had its first meeting. In addition to Committee members Peter Braudrick and Vince Taylor, about 30 avid recreationists attended. A brief introduction stressed that both the new management plan and the charter of the JAG mandate the development of expanded recreation opportunities in Jackson Forest. Now is the time for the community to make known its desires and to help design the recreation plan for the forest. The JAG has through 2010 to develop its recommendations for changes to the management plan. A recreation plan can be a part of the JAG’s recommendations. Unlike the past, Cal Fire is receptive to public input, and there will be funding to support recreation. Five different recreation interests were represented, with many people supporting multiple interests: Hiking, Off Road Vehicles (OHV), Bicycling, Equestrian, and Shooting. It was wonderful to see the respect, empathy, and mutual support expressed by almost everyone in the room. Everyone was excited by the obvious opportunity to see more and better recreation in Jackson Forest. The meeting broke into sub-groups to come up with points, goals, and priorities. Then each group presented its findings to the meeting as a whole, receiving comments and questions. There were common points among the groups. Almost everyone wanted an inventory and good maps of the present trails. There was a strong desire to expand the trail system. Also, the different groups wanted to be able to find ways to let each group have its favorite recreation without harming others’ pleasure in the forest. Each group wrote up a report of the points coming out of its discussion. These are published here. Also, and importantly, they are published as separate posts on the new Jackson Forum Blog. At the Forum, you can easily add your ideas, suggestions, and questions to the area of recreation that interests you the most:. Please take the time to visit Jackson Forum and add your ideas and thoughts to the appropriate place. If you have an interest not represented in the reports, please add your thoughts in a comment to the posts. Contact me if you want to make your own post. Upcoming Meetings June 23 and June 28 June 20, 2008. Several upcoming Jackson Forest meetings are important for those who want to influence the the future of Jackson State Forest
Recreation Subcommittee Meeting Peter Braudrick, formerly of State Parks, and Vince Taylor have been charged with organizing a recreation subcommittee of the Jackson Advisory Group. The intent is to reach out to the public and involve those interested as part of the subcommittee. This recreation group can have a very big influence on the extent to which recreation is made a priority within Jackson Forest -- if there is substantial public involvement. Jackson Forest is
potentially an incredible recreation
paradise -- 50,000 acres of public redwood forest
land, adjacent to many local neighborhoods.
Until now, there has been
little energy or resources put into recreation
within the forest. This is going to change. The meeting will be from 10 to 12 on Saturday, June 28 at the Jackson Forest headquarters at 802 North Main Street, Fort Bragg. This will be an introductory meeting of all existing and potential recreation users and groups, to provide a chance to express desires and concerns and to identify people who might want to be ongoing members of the subcommittee on recreation. Late Seral Development Subcommittee The Late Seral Development subcommittee of the JAG will hold its second meeting this coming Monday, June 23, 2008, starting at 9:00 a.m. at the Jackson Forest Headquarters, 802 N. Main Street, Fort Bragg. "Late Seral" is the technical term for "Old Growth characteristics." There is only scattered stands of old growth remaining in Jackson Forest, but there are several thousand acres that haven't been reentered since the initial logging about 100 years ago. These unentered stands have a good start towards returning to old growth stands (needing only a few hundred more years!). Two of the best of the oldest unentered stands are in Brandon Gulch and Camp 3. Both of had timber harvest plans proposed in 1999. These were delayed by legal actions, finally let out to contract in 2003, and then were halted by further legal actions until now. The state, the contract holders, and the Campaign recently agreed to terms under which these logging plans could go forward. A key element of the agreement is that the purpose of any tree cutting in these areas will be to accelerate the development of old-growth characteristics, both in the trees and in the flora and fauna. The Late Seral Subcommittee of the JAG will develop the criteria to be used to decide what trees to cut (and how many) in Brandon Gulch and Camp 3. The subcommittee has held one meeting previously. The meeting scheduled for next Monday will examine GIS (computer-based Geographic Information System) information on the two sites, have forest staff run computer simulations of stand growth projection under alternative harvesting prescriptions, and finalize approaches to making prescriptions on the two sites. This will be a relatively technical meeting, but those with concerns about protecting recreation and other human values at these sites should come and be heard. Jackson Advisory Group Meeting June 13-14 June 3, 2008. The Jackson Forest Advisory Group (JAG) will hold its second meeting on Friday and Saturday June 13 and 14, in Fort Bragg at the Town Hall, starting at 9:00 a.m. both days. The public is welcome to all meetings and field trips. Location, times and agenda The meeting will be facilitated by Lisa Beutler, Center for Collaborative Policy, UC Davis. The JAG will first discuss how best to organize itself and operate effectively within the legal requirements of the Bagley-Keene open meeting act. There will then be reports by and discussion of the progress made by three subgroups set up at the first meeting: 1) Forest Structure, 2) Science, Demonstration, and Outreach, and 3) Forest Management. The next item will be a report by the subcommittee on Late Seral Stage Development [old-growth development] for Brandon Gulch and Camp 3 THPs: what has been achieved, input from JAG, next steps. This key subcommittee will recommend on how timber harvesting in these THPs can enhance progression toward old-growth conditions. It will also make recommendations on how to preserve and enhance the recreation and public values in these areas. (Draft Minutes of June 3, 2008 subcommittee meeting). The advisory group will begin work on development of a work plan, as required by its charter. A field trip has been scheduled for Saturday afternoon for those wishing to participate. Its primary purpose is to provide an opportunity for those JAG members who haven't seen Brandon Gulch and Camp 3 to see those areas before having to make decisions on prescriptions, and for Late Seral Forest Development Subcommittee members, if they wish, to see adjacent older stands to evaluate potential criteria for monitoring. See the Agenda for details.
First Advisory Group Meeting
May 13, 2008. The Jackson Forest Advisory Group (JAG) held its first
meetings on May 9 and 10, 2008. For the most part, the meeting consisted
of reviews of forest history, of the legalities of being a public body
(the Bagley-Keene open meeting act applies), and of the new management
plan.
Meeting Minutes The subcommittee will operate in open meetings, allowing the public to fully express its concerns, and the full JAG will review its operations. This seems likely to ensure, as much as is possible, that the operations in these two very special areas of Jackson Forest will be done with full sensitivity to their inherent values and to the interests of the public. Cal Fire Announces Plans for Resuming Timber Harvesting in Jackson Forest April 29, 2008. In a letter to newly appointed Jackson Advisory Group members, Cal Fire Director Ruben Grijalva outlined the department's plans for resuming timber operations in Jackson State Forest under the management plan approved earlier this year. Logging has been halted by court order since 2001. The first timber harvest plan (THP) to be submitted will be for Northfork Spur and will have an "Option (a)" document attached. Director Grijalva explained, "This is a document we are required to prepare under the Forest Practice Rules to demonstrate how management of JDSF [Jackson Demonstration State Forest] will achieve 'maximum sustained production of high quality timber products.' ... [A] typically lengthy review of the Option (a) is conducted, resulting in a slow review process for the THP." It is unlikely that Northfork Spur will get into operation in 2008. It should be noted, also, that the Option (a) requirements are very loose and don't really require "maximum timber production". Rather, the central requirement is that the level of logging be sustainable. Northfork Spur is an area of old second growth redwoods, unentered since the original logging about 100 years ago. This stand has potential high values for restoration, habitat, and recreation. Director Grijalva recognizes its importance, "This harvesting plan is in an area identified as "sensitive" according to the Management Plan and other public comment. As such, we will bring the Northfork Spur THP forward for JAG review and comment. If I determine that changes to the Northfork Spur THP are necessary, based on the JAG's recommendations, CAL FIRE will file an amendment to the THP." Review by the JAG, with ample opportunity for public input, is one of the benefits to the public built into the new management plan. It will be important for members of the public to express their views on Northfork Spur. Cal Fire plans to submit a second THP for approval this year, 14 Gulch, without JAG review. Director Grijalva explains, "While this THP also is in an area designated as sensitive in the Management Plan, CAL FIRE will not be bringing this THP to the Advisory Group for review. The Management Plan permits THPs in sensitive areas to skip Advisory Group review if necessary to allow resumption of the Forest's harvesting program in the 2008 operating season. I have determined that this faster track approach for the 14 Gulch THP is necessary to ensure that it can be operated on in this year's operating season. Although lack of JAG review is a loss to the public, it needs to be viewed in perspective. This is the only THP that is likely to go without JAG review during the three year initial period. It will still be subject to the strict initial-period harvest restrictions, which prevent clearcuts or mini-clearcuts ("group selection"), limit the volume removed to 30% of the stand outside of stream zones, and require that the average size of trees be maintained. On the plus side, Cal Fire needs to demonstrate to the timber community that the compromises embedded in the new management plan will not continue to prevent timber harvesting, and Cal Fire needs the revenue from the 14 Gulch timber sale to finance staffing and operations of Jackson Forest. Overall, the decision to go forward with 14 Gulch without JAG review seems understandable and reasonable.
Jackson Advisory Group Appointed Sacramento, April 2, 2008. The Board of Forestry confirmed all 13 members of the Jackson Advisory Group recommended by Cal Fire Director Ruben Grijalva. The initial meeting of the Advisory Group will be in Fort Bragg on May 9 and 10, 2008. Signaling the importance of and support for the advisory process, Ruben Grijalva, Director of Cal Fire, and Stan Dixon, Chair of the Board of Forestry will open the meeting on May 9. A full day of presentations on Jackson Forest, the new management plan, and advisory group duties and process are planned. Agenda. The May 9 meeting is a great chance for anyone interested in the future of Jackson Forest to understand the present situation and the opportunities for public involvement. Meetings are open to the public and participation in the planning process is welcomed and encouraged. The advisory group will play a key role in defining the future of Jackson Forest. It has up to three years to consider how best to manage the forest in the public interest and to recommend changes to the management plan to the Director of Cal Fire and the Board of Forestry. This is the public's chance to influence the direction of the forest. Don't miss it. Jackson Advisory Group (JAG) charter, members, and agenda. Cal Fire Announces Plans for Resuming Timber Harvesting in Jackson Forest April 29, 2008. In a letter to newly appointed Jackson Advisory Group members, Cal Fire Director Ruben Grijalva outlined the department's plans for resuming timber operations in Jackson State Forest under the management plan approved earlier this year. Logging has been halted by court order since 2001. The first timber harvest plan (THP) to be submitted will be for Northfork Spur and will have an "Option (a)" document attached. Director Grijalva explained, "This is a document we are required to prepare under the Forest Practice Rules to demonstrate how management of JDSF [Jackson Demonstration State Forest] will achieve 'maximum sustained production of high quality timber products.' ... [A] typically lengthy review of the Option (a) is conducted, resulting in a slow review process for the THP." It is unlikely that Northfork Spur will get into operation in 2008. It should be noted, also, that the Option (a) requirements are very loose and don't really require "maximum timber production". Rather, the central requirement is that the level of logging be sustainable. Northfork Spur is an area of old second growth redwoods, unentered since the original logging about 100 years ago. This stand has potential high values for restoration, habitat, and recreation. Director Grijalva recognizes its importance, "This harvesting plan is in an area identified as "sensitive" according to the Management Plan and other public comment. As such, we will bring the Northfork Spur THP forward for JAG review and comment. If I determine that changes to the Northfork Spur THP are necessary, based on the JAG's recommendations, CAL FIRE will file an amendment to the THP." Review by the JAG, with ample opportunity for public input, is one of the benefits to the public built into the new management plan. It will be important for members of the public to express their views on Northfork Spur. Cal Fire plans to submit a second THP for approval this year, 14 Gulch, without JAG review. Director Grijalva explains, "While this THP also is in an area designated as sensitive in the Management Plan, CAL FIRE will not be bringing this THP to the Advisory Group for review. The Management Plan permits THPs in sensitive areas to skip Advisory Group review if necessary to allow resumption of the Forest's harvesting program in the 2008 operating season. I have determined that this faster track approach for the 14 Gulch THP is necessary to ensure that it can be operated on in this year's operating season. Although lack of JAG review is a loss to the public, it needs to be viewed in perspective. This is the only THP that is likely to go without JAG review during the three year initial period. It will still be subject to the strict initial-period harvest restrictions, which prevent clearcuts or mini-clearcuts ("group selection"), limit the volume removed to 30% of the stand outside of stream zones, and require that the average size of trees be maintained. On the plus side, Cal Fire needs to demonstrate to the timber community that the compromises embedded in the new management plan will not continue to prevent timber harvesting, and Cal Fire needs the revenue from the 14 Gulch timber sale to finance staffing and operations of Jackson Forest. Overall, the decision to go forward with 14 Gulch without JAG review seems understandable and reasonable.
It's
Time To Celebrate!
It's time to celebrate! The upcoming celebration, sponsored by the Campaign to Restore Jackson State Redwood Forest, will begin in the morning with family oriented recreation activities in Jackson Forest. It will continue in the evening with entertainment, dancing, and salutes to those that worked to reform forest management. Plan to come and join your friends and forest supporters - Saturday, April 19. Full details
Jackson
Advisory Group Charter Approved Sacramento, January 9, 2008. The Board of Forestry approved a charter for a new Jackson Advisory Group. The charter provides the advisory group with broad authority and support to develop a long-term landscape plan and associated timber harvesting, forest and stream restoration, and recreation activities. The California Department of Forestry released a request to the public to submit nominations for the Advisory Group. The deadline for submitting a letter request and resume is February 8, 2008. The Director of CDF will select the members and present them to the Board of Forestry for confirmation. The advisory group will have up to 14 members. It's membership will be a mix of people with science skills, timber management knowledge and interests, conservation and environmental concerns, and recreation knowledge. It will have a preponderance of people from the local Mendocino area. All members will represent the public interest, regardless of their affiliations. The advisory group will work with the public and Jackson staff to develop a consensus on a long-term landscape and plan and operations in support of the plan. By the end of a 3-year Interim Period, the advisory group will recommend changes to the new management plan to reflect the group's vision for the future of the forest. Establishment of the advisory group was one of the key recommendations of the Mendocino Working Group.
Sacramento, January 9, 2008. In an action that culminated 8 years of controversy and litigation, the Board of Forestry voted 8 in favor and 1 abstention to approve a new management plan for Jackson Forest that is a milestone in moving Jackson State Forest towards management in the broad public interest. At the meeting, the Board accepted several amendments that brought the management plan into full conformance with the consensus plan for the forest developed by the Mendocino Working Group, The Board agreed to limit timber harvesting during a 3-year interim period to that needed to fund the operations of Jackson Forest, and not to generate surpluses. It also agreed to give a newly-formed Jackson Advisory Group the authority to review essentially all timber harvest plans during the interim period. These were the final keys to getting the agreement of the Campaign to Restore Jackson State Forest to support the new management plan. At the same meeting, the Board also approved the supporting Environmental Impact Report for the management plan. The vote was 8 in favor, 1 opposed. This EIR had been in process since July 2003, when the previous EIR was declared invalid by the courts. Attention will now turn to the next phase of reforming the management of Jackson Forest. During this phase, which will last up to three years, the new Jackson Advisory Group will work with the public and Jackson staff to develop a consensus long-term landscape plan for the forest. With the approval of the Management Plan, logging can now resume in Jackson Forest, but under restrictions designed to limit the amount, kinds, and location of logging to ensure that the logging does not preclude future planning options during the initial planning period.
Board of Forestry Supports Management Reform Sacramento, October 10, 2007. By six to two, with one abstention, the Board of Forestry voted to support in principle a new “Alternative G” for Jackson State Forest. The alternative includes major reforms proposed by the Campaign to Restore Jackson State Redwood Forest, the Sierra Club, and the Mendocino Working Group. It also includes safeguards against unjustified clearcutting. No longer will timber production be the primary purpose for our publicly owned 50,000-acre redwood forest, as it has been ever since the state began managing the forest in the 1950’s. In the future, the forest will be managed for research, habitat, restoration, and recreation. Timber production will take place to provide the funds necessary to operate Jackson and, possibly, other state forests, but where and how it will occur will be decided in the context of the higher public values of the forest. Very importantly, the Board of Forestry agreed to the establishment of an outside advisory committee. This committee is a key element in the consensus plan for Jackson Forest developed by the Mendocino working group. It will review harvest plans during a three-year interim period of restricted harvesting, and it will work with the forest managers during this interim period to develop a long-term landscape plan and a revised management plan. Still remaining before operations in the forest can resume is formal approval of the Environmental Impact Report (EIR) and Management Plan for Jackson Forest. The date for this continues to slip. As of early December, 2007, the Board is scheduled to consider these documents at its meeting on January 9, 2008. Public Tells Board of Forestry "No" on Clearcuts July 16, 2007. The public comment period for the new management alternative for Jackson State Forest ended today. Supporters of the Campaign to Restore Jackson State Forest sent in over 1200 letters and those of the Sierra Club over 700. The major message of the letters was support for the new alternative, but only if clearcutting variations are kept to the minimum amount that can be justified for needed scientific research. The expectation is that this restriction will prevent the widespread clearcutting proposed in the management plan. The Board of Forestry will consider the comments and, hopefully, revise the proposed alternative during the coming months. The revised alternative will come before the Board for approval in the Fall. If the alternative approved by the Board fails to protect adequately the public resources in Jackson State Forest, the Campaign will have a period of time to file suit to challenge the environmental documents. Past legal challenges by the Campaign have kept logging halted since 2001. Mendocino Supervisors Support Mendocino Working Group June 26, 2007. The Mendocino County Supervisors voted unanimously to write a letter of support for Alternative G with the changes recommended by the Mendocino Working Group. The unanimous support for the far-reaching reforms embodied in Alternative G is a monumental event. In the past, concerns about timber production to support the timber industry have split the Supervisors. The Supervisors support for the changes recommended by the Working Group, which will further strengthen environmental protections, will be important in gaining acceptance for them in Sacramento.
New Management Alternative
for Jackson Forest Released June, 2007. The Board of Forestry has released a new environmental-plan alternative for Jackson State Forest. The new "Alternative G" contains many positive steps toward managing Jackson Forest for the broad public interest, but it is fatally deficient in one important respect -- it would allow clearcut variations on thousands of acres without research or forest health justification. Vince Taylor, Executive Director explained to the Board of Forestry the reasons for tying any clearcutting directly to justified research and forest health (see his remarks to the Board in the adjacent column). The public submitted over 2000 comments on the revised environmental plan during the comment period, which ended July 16, 2007. Official Supplemental EIR release documents. Mendocino Group Urges Minimum Clearcuts June 20, 2007. In a letter released today, a group of Mendocino timber-industry leaders and environmentalists today urged the Board of Forestry to strictly limit clearcutting and its variations in Jackson Forest. The Mendocino County Working Group consists of four senior people from the timber industry, one from the Sierra Club, and one from the Campaign to Restore Jackson State Redwood Forest. The group was commenting on a new proposal for managing Jackson State Forest, Alternative G, recently released for public comment by the California Board of Forestry. The group recognized that some research projects might require clearcutting, but said that such projects should be of the minimum size required for scientific validity." With respect to doing clearcutting now to provide for possible, unspecified future research, the group recommended a prior planning process, involvement of an independent advisory committee, and that such projects "should be the minimum that reasonably can be justified for future research projects that can't presently be anticipated." Commenting on the letter, Vince Taylor, Executive Director of the Campaign to Restore Jackson State Forest and a member of the working group, said, "Our group has said all along that clearcutting and its variations should be minimized and tied to specific research projects. The proposed plan for Jackson Forest proposed thousands of acres per decade of clearcut variations with no explicit research justification. Our group, which includes four senior people from the county timber industry, has emphasized that this is not an acceptable way to operate in a publicly owned redwood forest." In the letter, the group also made recommendations about the formation and authority of a local advisory group for Jackson Forest, preserving old growth, and requiring independent review of proposed timber harvests in areas with high habitat and recreation potential. The present letter follows an earlier report and letter.
Mendocino Working Group Issues Report Mendocino County, November 30, 2006. A consensus proposal for getting Jackson State Forest back into operation was released by a Mendocino County working group. The group consists of four senior people from the timber industry, one from the Sierra Club, and one from the Campaign to Restore Jackson State Redwood Forest. The working group had the encouragement of the California Department of Forestry and the Board of Forestry, both of which have been grappling with how to satisfy court-ordered revisions to Jackson environmental documents, public demands for Jackson management reform, and pressure from the timber industry to resume logging. These conflicting forces created a stalemate that has halted all logging for five years. The report presents a set of management principles for the forest and recommends a two-phase process for returning the forest to operation in 2007. Key management recommendations are: 1) develop a landscape plan that recognizes the unique positive regional status of the wildlife and riparian habitats in Jackson Forest and employs old-growth and mature second growth stands to create habitat for wildlife and opportunities for human enjoyment; 2) make true research and demonstration the driving force behind all timber operations;3) all timber operations should maintain or enhance forest health; 4) all harvests other than minimum-sized research projects should use selection methods (no clearcuts). The group also proposes a two-phase approach to returning the forest to operation. During Phase 1, timber harvesting is to be limited to that needed to finance 1) development of a landscape plan and long-term management plan, including expanding forest staff and making timber, wildlife, and botanical inventories, and 2) routine forest operations, research and planning for road rehabilitation. The two timber plans enjoined by court order will not be harvested, if at all, only in Phase 2. During Phase 1, every effort is to be made to avoid harvesting in areas of mature, undisturbed second growth and areas adjacent to state parks. All harvesting will be single-tree selection, with less than 30% of the trees removed and with no decrease in the average size of trees in the stand. The expectation is that some initial harvests will occur in 2007. During Phase I, a Phase II management plan will be developed by the California Department of Forestry with interaction and review by a new Jackson Forest Advisory Committee. The management plan will incorporate the principles developed by the working group and balance research, wildlife, recreation, and timber concerns. The working group proposes that the Phase II management plan should be operational within 3 years. The Advisory Committee will be appointed by and report to the Board of Forestry. Members would represent the public interest and be drawn from a broad spectrum of backgrounds and resource expertise with an emphasis on appointments of local representatives. The significance of the working group's report is encapsulated in the closing lines of its cover letter to the Board of Forestry: "This group realizes it has no authority to develop a management plan for JDSF and the Board has no mandate to follow the template provided. Logic however would suggest when a group as diverse as ours can come to consensus on this topic, it deserves some serious consideration."
Board of Forestry Meets in
Fort Bragg - Release of Supplemental EIR Mendocino County, May 25, 2007. The Board of Forestry will meet in Fort Bragg, CA, to focus attention on the release of a new environmental-plan alternative for Jackson State Forest. The meeting will be on Thursday, June 7, 2007, at the Fort Bragg Town Hall, Main Street, beginning at 8:00 a.m. (See Meeting Agenda.) The Board will accept public comments on the new alternative at the Fort Bragg meeting. The public will also be able to submit written comments during a 45-day period following official release of the alternative on June 1, 2007. Official Supplemental EIR release documents. The new alternative is being released as a supplement to a Draft Environmental Impact Report released by the Board of Forestry in December 2005 but never approved by the Board.
Jackson Forest Draft EIR Strongly Criticized Sacramento, March 1, 2006. The public comment period on the long delayed revised Environmental Impact Report (EIR) for Jackson State Forest ended on March 1, 2006 The EIR was subject to voluminous comment from experts coordinated by the Campaign to Restore Jackson State Forests, the Sierra Club and other environmental groups. State agencies also submitted comments. The comments document the numerous failures of the EIR to adequately describe and compare the environmental impacts of the proposed state logging plan and alternatives. In his comment, Vince Taylor' showed conclusively that the inventory estimates used in the management plan and EIR are so greatly in error that the management plan and environmental report are invalid. Summary article. Taylor comment. Five influential members of the state senate wrote to urge the Board of Forestry to reject the proposed management plan with its large-scale clearcutting. Letter. Emails supporting management reform of Jackson State Forest topped 6,000. The public strongly expressed its desire to see Jackson Forest managed for ecological, recreational, and research values, not simply for timber production. The outreach effort to obtain broad public comment was a joint effort of the Campaign to Restore Jackson State Forest, California Defenders of Wildlife, the Sierra Club, and Forests Forever, and numerous other smaller groups and individuals. The next step will be for the staff of the Board of Forestry to review and respond to all of the comments received. It may revise the document in light of the comments. This will likely take at least several months, given the large volume of detailed comments sent in by public experts and government agencies. The Board will then consider which of the alternatives in the plan to adopt. If and when the environmental report is approved by the Board of Forestry, the Campaign will consider whether the legal deficiencies warrant filing a lawsuit. Mendocino County Supports Progressive Management Plan Ukiah, February 7, 2006. The Mendocino County Board of Supervisors, for the first time ever, opposed a plan of the state for Jackson State Redwood Forest. The Fort Bragg City Council followed suit a week later. The two most important elected bodies in Mendocino County refused to support the state's proposed plan, which includes massive clearcutting, herbicide use, cutting of old growth trees, and neglect of recreation. Instead the supervisors voted 3 to 2 and the Fort Bragg City Council unanimously to support an alternative plan, originally proposed by a diverse citizens advisory committee in 1998. Supervisors resolution. The plan supported by the these bodies, Alternative D in the Draft Environmental Impact Report for Jackson Forest, would ban clearcutting, place a moratorium on herbicide use, ban all cutting of old growth, expand salmon stream protection, and increase recreation opportunities. Although Alternative D does not mandate the emphasis on restoration and habitat in Alternative E, the Campaign's preferred alternative, the frozen positions of the last ten years have finally broken loose. Now that
the ice has broken, there are opportunities for influencing how it will
come together again. Real progress now seems possible.
Sacramento, September 26, 2005. All logging in Jackson State Forest remains halted due to the invalidation of the forest's Environmental Impact Report (EIR) in July, 2003, and a negotiated settlement reached between the Campaign and the state in July 2004. No logging in Jackson Forest can occur until 2006, because a revised EIR cannot possibly be approved prior to the end of the 2005 logging season. Ironically, in summer 2004, the California Department of Forestry (CDF) strenuously opposed then-pending legislation (SB 1648), arguing that its passage would delay the resumption of logging in Jackson State Forest. The legislation passed the legislature but was vetoed on the recommendation of CDF. Governor Ignores Public, Vetoes State Forest Reform Bill Sacramento, September 16, 2004. Despite receiving over 3,000 letters urging him to sign Senator Chesbro's state forest reform bill, SB 1648, Governor Schwarzenegger vetoed it. The governor apparently sided with his department of forestry, which opposed the bill, and ignored the combined weight of the legislature, the environmental community and the public. Vince Taylor, Campaign director, released a statement in response to the veto. He said, in part, "Governor Schwarzenegger's veto of SB 1648 is a slap in the face of the public. He vetoed the bill despite its merits and the outpouring of over 3,000 letters asking his signature. "This is a sad day for the forest, the people of California, and the Mendocino community. SB 1648 would have made the state pay attention to the multiple values of the forest, given the public a say in its management, guaranteed that the forest would get back into operation next year, and ended a controversy that has pitted neighbor against neighbor. "It is ironic that Schwarzenegger took CDF's advice when it is CDF's mismanagement of Jackson Forest that has angered the public, turned the forest into a major source of public controversy, caused the courts to shut down its operations for four years, and necessitated SB 1648." Taylor also made clear
the intent of the Campaign to continue to oppose the state: "Until and
unless the state recognizes the legitimate rights of the public to
influence management of its redwood forest, the public will use every
legal tool at its disposal to ensure that its rights are not trampled by
an unresponsive state government." Record of CDF's Attempts To Ignore and Evade the Law September 16, 2004. As the governor was vetoing SB 1648 at the urging of the California Department of Forestry, the Campaign was completing its documentation of the department's dismal record of efforts to ignore and evade the law. For the Record: CDF's Attempts to Ignore and Evade Its Legal Responsibilities in the Management of Jackson State Forest reviews the legal actions and CDF's responses in five related legal cases/actions since the Campaign filed its first suit against CDF in 2000. In every one of these, the courts decided strongly in favor of the citizens and law and against CDF, or the actions were withdrawn as part of a settlement incorporating the initial demands of the citizens.
For the Record
provides excerpts from Campaign press releases and court decisions
related to the legal cases and actions. Taken as a whole, these
compelling document CDF's sorry record of ignoring its responsibilities
to the law and the public.
Appeal Court Affirms Award of
Legal Fees to Campaign
San Francisco, September 4, 2004. The
California First District Court of Appeals affirmed the award of legal
fees to the Campaign to Restore Jackson State Redwood Forest for a suit
brought against the California Department of Forestry in June 2000. The Appeals Court
rejected every contention made by CDF in its appeal, often quite
pointedly, and it strongly affirmed the public benefits of the Campaign's
legal actions. Additional payments by CDF are still pending for other
Campaign legal actions. Jackson Forest Bill Passes Legislature August 27, 2004, Sacramento. The bill reforming management of state forests, SB 1648, today passed the Assembly. It had previously passed the Senate. It now goes to the Governor for his signature. The bill is supported by a broad coalition of environmental groups and members of the public. Within Mendocino County, where Jackson State Forest is located, the bill steadily accumulated more support as it moved through the legislature. The final version of the bill made significant concessions to the Mendocino County timber interests in order to gain their support. It now ensures that limited timber harvesting will resume, under stringent restrictions, in 2005. The concessions have brought tacit support for the bill from the county's largest timber company and largest mill. State timber associations and the California Department of Forestry, which have profited from the industrial logging of Jackson Forest, remain opposed to the reform legislation. Will the governor respond to the overwhelming public sentiment in support of reform or the narrow bureaucratic and industry desire to continue the flow of profits from Jackson Forest? State Settles Campaign
Logging Appeal July 6, 2004, San Francisco. The state agreed to refrain from all logging and road preparation for logging in Jackson State Forest until a new management plan and EIR are approved for the forest. The settlement grew out of an appeal by the Campaign of the refusal of the Superior Court of Mendocino County to enjoin logging under previous management plans in its judgment (filed September 23, 2003) that invalidated the EIR for Jackson State Forest. State Pays $200,000 for Jackson Forest Lawsuit Costs May 27, 2004. The California
Department of Forestry (CDF) today delivered a check for $203,971 to Paul
Carroll, lawyer for the Campaign to Restore Jackson State Redwood Forest.
The payment was for attorney fees and costs of the suit brought in 2003
challenging the legal adequacy of the environmental impact report (EIR)
for a new management plan for Jackson Demonstration State Forest (JDSF). Senate Approves Jackson Forest Reform Legislation May 25, 2004, Sacramento. The Senate today passed Senator Wesley Chesbro's bill to reform management of Jackson State Forest and other state forests. The vote was 23 to 13 in favor. Chesbro's
bill, SB 1648, will eliminate the present mandate for maximum timber
production, and replace it with multiple values of conservation,
restoration, education, recreation, and forest management demonstration
and research. Vince
Taylor, spokesperson for the Jackson Forest Action Coalition, said, "We
are encouraged by the progress of the bill to reform management of
Jackson State Forest. In the Senate, the bill was
amended to protect all
old growth. Provision was also made for immediate resumption of timber
harvesting under supervision of a broad-based advisory committee. The
revenues would be used to fund operations of the forest until a new
management plan is approved. They would also pay for preparation of the
legally required management plan and associated environmental documents.
The time and money would be available to carefully prepare a long-term
plan for the management and restoration of this great public redwood
forest." Board of Forestry Initiates New Environmental Impact Review In early February, 2004, the Board of Forestry initiated a new round of environmental impact review for Jackson State Forest by publishing a Notice of Preparation of a Draft Environmental Impact Report (Draft EIR) on a draft management plan for Jackson State Forest. The new EIR round is in response to the ruling by the Mendocino Superior Court in August 2003 that a previously prepared EIR was legally invalid and that the the accompanying management plan for the forest was to be rescinded. All logging in the forest was halted and is not expected to be resumed until a revised EIR is approved. The Notice of Preparation solicited comments from state agencies and the public on the scope of the analysis and issues to be considered, the potential environmental impacts of the draft Management Plan and alternatives to the draft Plan. The comment period closed March 18, 2004. Facilitated EIR Scoping Session Demonstrating its desire to "do the job right," the Board of Forestry held a special "facilitated" EIR scoping meeting in Fort Bragg, Mendocino County. This small city is adjacent to Jackson Forest and houses the forest's management headquarters. This was the first Board meeting in living memory held in Fort Bragg. The meeting, which was held on March 27, featured 3 panels of speakers. Presentations were made by five supporters of Jackson Forest reform and restoration. Presentations were also made by the California Department of Forestry (CDF), a County Supervisor, the director of the Mendocino Woodlands Outdoor Center, a country forestry advisor, and three representatives of the timber industry. Although as expected, many different desires for the future were expressed, all parties agreed on the value of conducting research in Jackson Forest. Jackson Forest Legislation Introduced February 20, 2004, Sacramento. Senator Wesley Chesbro today introduced legislation on Jackson State Forest. In introducing his bill, SB 1648, Chesbro said, "My goal is to end the stalemate over management and protection of Jackson State Forest. I want to strike a balance between research and demonstrations on improving forest management practices; the public's desire to see this great redwood forest restored for its habitat, watershed and recreation values; and the continuation of timber harvesting." Vince Taylor, Executive Director of the Campaign, commented, "Our supporters have been working for four years to change the mandate for Jackson Forest from industrial logging to restoration. Senator Chesbro's bill moves strongly in this direction, while allowing continued research and demonstration on forest management. Under his bill, the forest would be used for legitimate public purposes. We are hopeful that a good bill will pass the legislature this year, but we are prepared to continue our fight in the courts and public opinion if the legislature fails to safeguard our public redwood forest."
Senator Chesbro's press
release.
Forest
Supporters Rock Sacramento January 16, 2004. A 10-day drive to Rock Sacramento with 1000 letters to legislators met its goal, with the 1000th letter delivered just before the midnight deadline. The drive was launched by the Campaign to Restore Jackson State Forest to provide people with a chance to demonstrate to legislators how much they care about their redwood forest. Until halted by grass-roots lawsuits several years ago, the state was conducting large-scale logging operations in Jackson Forest. The drive aimed to convince legislators to introduce reform legislation on Jackson State Forest in this session. Present law mandates that this 50,000-acre redwood forest in Mendocino be managed for maximum timber production. Supporters of the Campaign want the forest managed for habitat, recreation, research, and education. The letter drive was more dramatic than anticipated by the organizers. By the evening of January 15, only 630 people had sent letters. The goal of 1000 letters seemed out of reach. An e-mail plea asking for help in spreading the word led to a remarkable outpouring of support. In the next 24 hours over 300 new people added their letters. It was nip and tuck right down to the wire, with the 1000th letter sent only shortly before midnight! Commenting on the results, Vince Taylor, Executive Director of the Campaign, said, " Once again, people have shown the depth of their commitment to protecting their redwood forest. Commitment has the power to move the world. People's deep commitment will move a reluctant legislature and administration to preserve and restore our precious forest." Ninety-seven legislators received over 1500 letters from their constituents. Governor Schwarzenegger also received over 1000 letters. Detailed results. No legislator has yet agreed to introduce legislation on Jackson Forest. Campaign Appeals Refusal of Court to Enjoin All Logging November 12, 2003, San Francisco. The Campaign filed an appeal of, among other matters, that portion of the September 23, 2003 judgment in which the Superior Court of Mendocino County had refused to enjoin logging in JDSF under either the 1983 Management Plan or the 2002 Management Plan. Negotiations between
the parties commenced soon thereafter.
Campaign to
Appeal Mendocino Court's Failure to Enjoin Logging
November 1, 2003. The Campaign announced that it would appeal the failure of the Mendocino Superior Court to enjoin all logging in Jackson State Forest.
In response to a question from the Court of Appeals, the California Department of Forestry (CDF) told the court on October 30 that it had the right to log in Brandon Gulch and Camp 3 under a 1983 Management Plan. Simultaneously, CDF refused the Campaign's offer not to appeal if it would agree in writing not to log the pending plans until a valid EIR was in place. The appeal of the Campaign will contend that the Mendocino Superior Court erred in not taking into account a prior lawsuit settlement between the Campaign and CDF. In this settlement, CDF agreed not log without a new management plan. There is not now a new plan or any legal plan.. The Superior Court directed the Board of Forestry to rescind its previous approval of a 2002 plan. At its October meeting, the Board of Forestry rescinded the 2002 plan, but took no action to re-certify the 1983 Management Plan that was superceded by the 2003 Management Plan. Appeals Court Supports
Campaign, Extends Logging Halt, August 20, 2003, San Francisco. The California
Court of Appeals today inserted itself forcefully into contentious and
complex litigation on logging of California’s largest state-owned forest,
50,000-acre Jackson State Redwood Forest. The justices were openly hostile to CDF’s contention that a lower court’s invalidation of a new management plan did not prevent them from carrying out two disputed logging plans. They told CDF to stop litigating and to get moving on developing a legally valid environmental study. At the end, the court practically directed
the lawyer for the Campaign to Restore Jackson State Redwood Forest, the
citizen’s group challenging CDF, to appeal the lower court's failure to
enjoin the disputed plans. They extended a previously ordered
logging-halt of these two plans until such an appeal could be filed. For more details see
press release. Court Rules Environmental Report Invalid
July 30, 2003, Ukiah. The Mendocino Superior
Court today upheld a challenge to the environmental report for Jackson
State Redwood Forest. Judge Henderson invalidated the EIR and directed the Board of Forestry to rescind its approval of the management plan. He also enjoined further timber operations, but with some ambiguity about the pending plans in Brandon Gulch and Camp 3. At a minimum, the deficiencies in the Environmental Impact Report (EIR) must be corrected, the revised EIR submitted for public comment, the comments responded to, and the revised Final EIR approved by the Board of Forestry (rather than by CDF as was the EIR invalidated by the court). Henderson found very significant deficiencies in the treatment of both the regional setting of Jackson State and analysis of cumulative impacts. Correcting these deficiencies will be a major task and will not quickly done. The implications of the decision are far broader and more profound than the requirements to correct the deficiencies in the EIR. Judge Henderson strongly condemned CDF for its complete disregard of "the clear legislative directives" requiring consideration of the regional setting and cumulative impacts. He said that CDF failed to "prepare an EIR that complies with the minimal statutory requirements," and "CDF ignored the relatively clear guidelines and conducted a deficient environmental review." Dr. Vince Taylor, Executive Director of the Campaign to Restore Jackson State Redwood Forest, said, "Taken as a whole, Judge Henderson’s decision amounts to a strong indictment of CDF’s disregard for the public, the environment, and the law. The state administration and legislation cannot ignore this criticism, which comes not from an environmental organization, but from a judge who has demonstrated a strong concern for the well-being of the timber industry. CDF is charged with enforcing the environmental laws designed to protect the state’s forest resources. Its failure to perform an even minimally adequate environmental review of its own timber operations is scandalous. It raises fundamental questions about CDF’s ability and desire to enforce forestry environmental laws as well as its fitness to manage the state forests." Judge Henderson's
decision summary should be
required reading for everyone concerned about Jackson State Forest.. He
accurately explains the controversy over Jackson State Forest, states the
obvious truth that the EIR would be subject to judicial scrutiny, and
castigates CDF for its failure in this circumstance to follow the "clear
legislative directives" for preparing an EIR. He properly blames CDF for
the losses suffered by the local timber industry and the management of
Jackson State Forest. Appeals Court Keeps Stay, Allows Removal of Cut Trees July 17, 2003, San Francisco. Responding to a petition filed by the California Department of Forestry (CDF) on July 14, the appeals court denied CDF's requests to dissolve the stay and/or to expedite the scheduled August 20 hearing. The court granted CDF's request, which the Campaign did not oppose, to allow the removal of logs already felled in Jackson State Forest. The trees were cut during the week June 11-16, 2003, prior to the granting of a stay by the Court of Appeals.. Approximately 1500 trees containing one million board feet of timber were felled in this time, primarily in Brandon Gulch. The court required that CDF show the Superior Court of Mendocino County that any additional trees cut were "both (a) relatively minimal and (b) necessary to reach already-felled timber." Vince Taylor, Executive Director of the Campaign, said, "Although we deplore CDF's rush to log under an environmentally defective management plan, we support the careful removal of the downed timber. It will eliminate a public safety hazard and allow the re-opening of Brandon Gulch and Camp 3 for recreation, and it will help the timber companies and their employees.
July 10,
2003, San Francisco.
The state’s efforts to fund its forestry programs by industrial logging
of Jackson State Forest suffered a serious setback today. The First
District Court of Appeals extended at least until August 20 a previously
issued the stay in logging in Jackson State Forest. Further, it’s brief
but strong order suggested that it was
preparing to act in favor of a request made by the Campaign to Restore
Jackson State Redwood Forest to overturn a decision by a Mendocino
Superior Court to allow logging to begin in Jackson Forest. Court of Appeals Stays Logging June 17,
2003, San Francisco. The First District Court of Appeals today issued a stay
against further logging in Jackson State Forest. Located in Mendocino
County, 50,000-acre Jackson Forest is by far the largest publicly owned
redwood forest south of Humboldt County. Logging Starts in Jackson State June 11, 2003, Ft. Bragg. The California Department of Forestry announced that logging had begun in Camp 3 and Brandon Gulch. Campaign Executive Director, Vince Taylor, commented, "CDF's behavior is scandalous. The judge as good as said that he would shortly find the EIR invalid, making logging in Jackson Forest illegal. "Given its position as guardian of California's forests, CDF ought to take every precaution to avoid violating the spirit of the environmental laws. Instead, CDF is rushing to log as much timber as possible before being enjoined by the court." Judge Denies Preliminary Injunction, Favors EIR Challenge June 10, 2003. Judge Richard Henderson of the Mendocino Superior Court denied the Campaign's request for a preliminary injunction, but he found it "very likely" that the Campaign would win its challenge to the Jackson State EIR. Judge Henderson had to stretch logic to deny the preliminary injunction. In a settlement of a previous lawsuit, the California Department of Forestry (CDF) agreed not to conduct any timber operations in Jackson State Forest until a new management was developed and approved. As the judge found it very likely that the approval of the new management plan would be set aside, granting of a preliminary injunction was the logical decision. However, in reaching his decision, the judge refused to take the previous settlement agreement into account, stating "The terms and provisions of settlement agreement and implementing order are the subject of a separate legal action and are not directly involved in this petition [for the injunction]." He then concluded, "Whatever relief is granted by this court will not have a direct, immediate and independent effect on the validity of the two THPs [timber harvest plans]." On this basis he denied the injunction. The judge went to great lengths to avoid the obvious. The validity of the THPs is not the issue. Whether or not the THPs are legal is irrelevant. His "very likely" decision that the EIR is illegal will bring into force the settlement agreement that prohibits all timber harvesting in Jackson State. Whether logging will start before the decision on the EIR case, to be heard July 7, is still in doubt. The logging contracts are still not approved, and the Campaign has raised questions about the legality of the bidding process. It has asked the agency reviewing the contracts to answer these questions before approving the contracts. See the next story and the press release below.
Campaign Charges Jackson State Bids Were Illegal (Update: June 14, 2003): The Superintendent informed the Campaign that through a bureaucratic error, our charges were never considered when reviewing the Brandon Gulch Contract. He also said that the contract for Camp 3 had already been approved when the Campaign's letter was received (approved on May 28, 2003). This latter information was not provided to the Campaign until June 14, despite a specific request to the Superintendent for this information on June 4.
Court Denies Temporary Restraining Order May, 22, 2003, Ukiah. Judge Henderson of the Mendocino Superior Court denied the Campaign's request for a Preliminary Injunction. The judge did not rule on the merits of the Campaign's lawsuit challenging the EIR and thus made is decision on the balance of harm if the injunction were issued and likelihood of irreparable injury if it were not. He found the balance of harm fell more heavily on the logging companies and CDF, and he found no irreparable harm from cutting the trees. The Campaign's lawyer, Paul Carroll, commented, "The judge made fundamental errors in law in reaching his decision. We are hopeful that he will support our request for a preliminary injunction after we respond to the arguments made by CDF for the TRO hearing." The request for a preliminary injunction will be hea |
