Published by the California Forestry Association monthly. Address questions or comments via our cfa e-mail link or to: 300 Capitol Mall, Suite 350, Sacramento, CA 95814 (916) 444-6592, FAX 444-0170, e-mail: cfa@cwo.com

July 1996

What’s Inside:

Lead Story

Mongrels Could Complicate ESA Debate: Hang on to your choke collars

State News

Governor Signs 1996-97 Budget

Court to Decide CDF Jurisdiction

Wood Waste Fee Debate Resolved

Coho Rules Legislation Moves Forward

Guest Article

Timber-Short Local Mills Find Relief Only 500 Miles Away

Membership

Welcome, New CFA Supporting Members

Mongrels Could Complicate ESA Debate:
Hang on to your choke collars

By Alston Chase

(Alston Chase, author of In a Dark Wood, writes a nationally syndicated newspaper column on the environment, distributed by Creations Syndicate. This is an excerpt from one of his columns, reprinted with permission of the author. Copyright Creations Syndicate, 1996.)

Suppose that the American Kennel Club -- which currently registers around 130 kinds of purebred dog -- decided that it would start cataloging mongrels as well, so long as the mutt "resembled" a purebred. What would be the effect? The club would need a computer more powerful than the Pentagon s to keep track of the canine varieties. For, while the number of purebreds is finite, the multiplicity of possible crosses is nearly infinite.

Well hang on to your choke collar. The club, being a sane organization, wouldn't contemplate such a thing. But the feds are another matter. Just when you thought you had some respite from hubristic federal megalomania -- thanks to supposedly shrinking budgets and the moratorium on listing endangered species -- Washington's ruling class has found a way to keep you pinned in your foxhole.

The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service—the agencies that administer the Endangered Species Act—have decided that rescuing species isn't sufficient. Now they plan to save the wild kingdom s mongrels as well.

Last February, high-ups in these agencies quietly inserted into the Federal Register a proposed rule change for the Endangered Species Act (ESA) which would allow --at the discretion of agency "experts" -- listing hybrids deemed to "resemble" a threatened or endangered ancestor, and breeding of such "intercrosses" in captivity on occasion "to increase genetic variability" of a species at risk.

The first stipulation would, for example, permit listing wolf/coyote crossbreeds if experts determine they "resemble" endangered wolves. The second might allow breeding endangered California condors to non-native Andean condors to "enhance the survival" for the former.

Additionally, the change would grant authorities the right to "eliminate" hybrids that their oracles decree threaten listed species. Since biologists believe the spotted owl decline is due in part to interbreeding with barred owls, this might presumably give authorities the right to kill the progeny of such miscegenation.

The comment period for this change ended April 8. Yet the deadline passed virtually unnoticed, as the rule was crafted so stealthily that few even within these agencies had heard of it. Now, many insiders are livid. Not only does hybrid listing encourage biological mischief, it promises virtually limitless expansion of a law that has already proved a threat to liberty.

Longtime FWS employees note that the change virtually renders meaningless all mention of "species" in the Endangered Species Act. The proposal's stated intent to "remove the necessity for the services to devote substantial resources to studies to determine which listed species and individuals are genetically pure" is the final perversion of a law intended to sustain genetic diversity and save native species.

And, like mongrel dogs, the variety of "intercrosses" that could be listed is almost unlimited. If you thought the 959 creatures currently designated endangered or threatened cause problems, just wait until hybrids flood the scrolls. But the rationale for this change is nt saving endangered creatures, it s rescuing endangered reputations.

Recently FWS was stung by geneticists revelations that the red wolf and Florida panther --both listed creatures -- are hybrids, not genuine species. Additionally, last year the agency was criticized for releasing eight Texas cougars into Florida, to “restore” genetic diversity of the Florida panther. Both efforts, some scientists argued, were harmful and possibly illegal. As hybrids, these animals should not be saved, as the ESA is intended only to protect genuine species. And introducing non-natives to Florida would further dilute the panther s gene pool, thereby reducing its tenuous claim to specieshood. But the agency was already out on a limb, having spent millions to "reintroduce" these "species." Hence the proposed change, which retroactively sanctions the red wolf and panther efforts.

Thus, the new rule is motivated by politics, not biology. And so will future listings of hybrids -- despite claims that such decisions will be made on "the best biological information available." Determining which crosses deserve rescue is inevitably subjective. And giving unelected officials authority to make these judgments has chilling implications. For the proposed change also greatly expands the legal definition of what constitutes a “take” of wildlife. No longer will it be a crime merely to take endangered species; now it will also be illegal to take unendangered plants or animals that look like listed species.

Suppose, for example, a farmer chases away a non-endangered cougar that is killing his sheep. Federal biologists then decree that the cougar "resembles" endangered Florida panthers. Since the law defines pursuing an animal as a "take," the farmer can go to jail, even though the cougar itself is neither endangered nor threatened.

This is how ecologists replace judges and juries as arbiters of our freedoms. In my book, In a Dark Wood, I call it the rising tyranny of ecology.

Governor Signs 1996-97 Budget

The 1996-97 state budget approved by the Legislature and signed by the Governor contains mixed results for forestry and fire protection interests. The California Department of Forestry benefits by the approval of an $800,000 payment for the next three years to implement the Pre-Fire Management Initiative and $16.7 million for Capital Outlay projects. However, in lieu of cutting fire crews, CDF eliminated two management positions and consolidated the Sonoma-Lake-Napa Ranger Units. The Governor vetoed a requirement that $4 million be spent by CDF to staff all of its fire engines with three firefighters 24-hours a day during peak fire season, stating that many engines are already fully staffed and this mandate would limit the department s flexibility.

Court to Decide CDF Jurisdiction

Judge Roger Kosel of the Western Judicial District is scheduled to render a decision on charges brought by the California Department of Forestry and Fire Protection (CDF) against Robert Raffaelly for conducting timber operations in Quartz Valley without a Timber Harvest Plan (THP). In his defense statement, Mr. Raffaelly argued that he was acting legally because CDF has no authority to regulate timber harvesting on private property not designated as a timber productivity zone (TPZ). He additionally argued that non-TPZ landowners who harvest timber for commercial purposes are subjected to double-taxation when paying an annual ad valorum tax and a yield tax on the logs harvested. For designated lands in a 10-year contract within a TPZ, landowners annual property taxes are based on the land value only, not the trees, as the yield tax is paid on the value of the trees when they are harvested.

CDF contends that Mr. Raffaelly failed to consider the entire state code regulating timber practices. CDF charged that as agent for the property owner, Mr. Raffaelly sold logs to a mill, thus was in violation of a number of forest practice rules which require the preparation and filing of a THP by a registered professional forester, notification of neighboring property owners and compliance with spotted owl regulations on any private land if it is being harvested for commercial purposes.

Wood Waste Fee Debate Resolved

The forest products community has prevailed in an attempt by the Special Taxes Department of the State Board of Equalization (BOE) to authorize a retroactive collection of Integrated Waste Management fees (IWM) from wood waste landfill facilities. BOE staff initiated collection of these fees in February, 1996, when notices were sent to wood waste landfills for payment of “past due” IWM fees, plus penalties and interest, for the period between January, 1990, and October, 1993. Based on documentation submitted by several wood waste operators, the BOE has finally determined that these facilities were exempt for those periods. Pursuant to Section 45157 of the Revenue and Taxation Code, the BOE will relieve, and if requested reimburse, all persons from the quarterly fee, interest and penalties for the periods prior to October 1, 1993. The fee still applies to wood waste facilities for the periods after October 1, 1993. You may contact Mr. Allan K. Stuckey or Mr. Monte Williams at the BOE at (916) 327-3276 if you have any questions.

Coho Rules Legislation Moves Forward

The Senate Natural Resources Committee has passed Senator Byron Sher s AB 938, which would require the Board of Forestry (BOF) to adopt emergency timber operation regulations to further protect coho salmon streams and watercourses. CFA is opposed to AB 938 because Board of Forestry (BOF) rules already provide substantial riparian zone stream protection for water quality and fishery habitat. In addition, the BOF has the authority to adopt any emergency regulations deemed necessary. CFA also objects to this bill targeting the forest products industry as the primary cause of the decline in coho stocks. We believe it is in conflict with our industry s ongoing effort to resolve watershed and fishery issues through cooperative efforts such as the Fish, Farm and Forestry Communities Forum. The bill is currently awaiting action by the full Senate when they return from summer recess on August 5, 1996. If passed by the Senate, the Assembly would have to ratify the coho mandate which was amended into the bill by the Senate. The Governor vetoed similar legislation, AB 2229 (Sher) in 1994.

Forest Health Projects Eligible for Bond Money

The State Legislature and the Governor have approved SB 900 (D-Costa) to place a $995 million general obligation bond on the November ballot to fund water quality improvement projects for the Bay-Delta. If approved by voters, the state would sell bonds to be repaid with tax dollars over 30 years. The bond proposal includes $15 million in grant money available for watershed rehabilitation projects undertaken on land owned or operated by the federal, state, local government, a private party or entity, which drain into the Delta or the Trinity River. Rehabilitation must be for purposes of “the improvement of overall forest health, includin the reduction of factors which may contribute to the severity of wildfires in the watershed” and to conduct “projects to reduce dense forest understory.” Projects under this Delta Tributary Watershed Program could also be eligible for matching federal funds if the federal Safe Drinking Water Act is reauthorized. This bond proposal will appear as Proposition 204, “The Safe, Clean, Reliable Water Supply Act,” on the November 5, 1996 general election ballot.

State Regulation of Trucking Legislation

Under existing state law, all private carriers, including intrastate-only and private carriers, must be registered with the Public Utilities Commission (PUC) in order to operate a motor vehicle on any public highway in this state. Private carriers are required to register with the PUC in order for the PUC to certify the carrier has valid insurance and an adequate safety record. Pursuant to recent federal law preempting rate regulation of motor carriers of property, AB 1683 (R-Conroy) has been introduced to implement a consistent application of fees, enforcement and regulation of commercial trucking in California. This bill transfers the registration functions of the program from the PUC to the Department of Motor Vehicles (DMV) and implements a new permit fee comprised of a safety fee, cargo theft interdiction fee and a business license tax fee to be applied to all carriers. The California Highway Patrol (CHP) will continue to enforce the program, checking for registration, proof of insurance and safety violations through their existing inspection programs. The bill changes the current fee structure from one based on gross revenues for independent for-hire trucks and an annual flat licensing fee for private fleets to a fee based on the number of trucks a carrier employs. At this time, private carriers with ten or less trucks will continue to pay an annual licensing fee for the fleet but may be phased into the uniform fee structure in future legislation. This uniform fee will result in lower fees for the independent for-hire trucks and an increase for private truck fleets. CFA worked with the other private carriers and the sponsor of the bill, the California Trucking Association, to remove language in the bill which would have authorized the DMV to raise fees to fully fund the program until the year 2001. In addition, the bill will be amended to provide private carriers the option to register as for-hire trucks, qualifying them for the Uniform Business License Tax (UBLT). The UBLT is equal to one-tenth o one percent of gross operating revenue, and would be paid in lieu of paying individual counties and cities an excise or license tax for utilizing their roads and give carriers the ability to transport products both ways. AB 1683 has passed the Senate Transportation Committee and will be heard in the Senate Appropriations Committee the week of August 5, 1996.

Appointments

Governor Pete Wilson has announced the appointment of Ms. Julianne Polanco of Sacramento as Special Assistant for the California Environmental Protection Agency; Mr. Max P. Schlienger of Ukih as member to the California Regional Water Quality Control Board, North Coast Region; and Mr. Sig Von Christierson of Salinas as a member of the California Regional Water Quality Control Board, Central Coastal Region.

The Senate Rules Committee (Committee) is scheduled to consider the confirmation of Mr. Robert J. Kersteins as a member of the State Board of Forestry (BOF) on Monday, August 12, 1996. Mr. Kersteins currently operates the family cattle ranch in Red Bluff and has continued to serve as the Chair of the BOF since 1993. The Committee welcomes any comments from individuals regarding his appointment, which may be sent to Ms. Nancy Mickel, Senate Rules Appointments Director, Room 500, State Capitol, Sacramento, CA, 95814. If confirmed, Mr. Kersteins will serve on the Board through January 15, 2000.

Timber-Short Local Mills Find Relief Only 500 Miles Away

Although the Shasta-Trinity National Forest has reduced timber sales from more than 220 million board feet annually to a 65 million target, local mills need not despair. The Forest Service (FS) has advised them that timber is going begging in the Dixie, Fishlake, Manti-LaSala and Kaibab National Forests-- in the South Utah-Northern Arizona region!

A recent letter to Northern California mills explained that those forests are experiencing “differing vegetation management needs” but all require the use of commercial timber sales to accomplish desired resource objectives. The Dixie and Manti-LaSala Forests have heavy outbreaks of bark beetles. The Fishlake has thousands of acres of aspen stands needing regeneration. The North Kaibab Ranger District needs to thin “some of the most magnificent stands of ponderosa pine in the nation” to promote improved Northern Goshawk habitat, according to the FS notice.

But, since 1993, these forests lost more than 40 million board feet of sawmill capacity due to mill closures. The FS plea for help didn t explain why the mills closed, but the general history in recent years leads SHARE to assume that the mills closed because they could not get enough timber (e.g. Hayfork in Trinity County).

The sales flyer went on to explain that more than 63 million feet needs to be removed by the end of the year to restore the forest health. "At the current time, we are concerned a significant portion of this volume could remain unsold. For this reason... we have asked National Forests within 500 miles of our operating area to supply us with mailing lists of the timber sales bidders," the flyer said, and listed the sales volumes, contacts, etc.

"It is obvious what will happen," Milt Schultz, manager of Burney Forest Products, predicted. "With a lack of bidders, the sales will bring very little money. Then the so-called environmentalists will point them out as below cost sales and demand that the Forest Service quit sales entirely. In the meantime, the beetles, unwanted tree species, fire, and other damaging factors will attack and possibly destroy the public forest."

"When will th public realize that the practices being forced on the Forest Service deny the public needed lumber, deny the government needed income, deny rural communities needed jobs and investments, and deny the forests the protection and care they require," Schultz said.

Welcome, New CFA Supporting Members!

Adrian del Nevo (Ph.D.) is the Senior Project Scientist for ENTRIX, Inc. ENTRIX is a professional consulting services firm providing specialized environmental and engineering services to the private and public sector. The firm was incorporated in 1984 and is privately held with offices in Dallas and Houston, Texas; Glendale, Sacramento and Walnut Creek, California; Olympia, Washington; Oklahoma City, Oklahoma; Chicago, Illionis; and Wilmington, Delaware. ENTRIX is also providing services in Latin America, New Zealand, Asia and Africa. The firm s major areas of practice are environmental sciences, environmental permitting/monitoring, habitat restoration and mitigation planning, waste management, environmental engineering, geosciences and strategic planning.

Mallard Creek, a distributor of wood by-products has been in business since 1982 and under the ownership of Carl Hass since 1990. Carl has an MBA in business from U.S.C. and has also been President of the corporate Winchell's Donuts chain. Mallard Creek employs 20 to 24 staff and specializes in buying wood shavings from planer mills, bales it and sells the shavings in bulk to equestrian centers. Also a recycler, this company brings in used shavings from equestrian centers, ages it, adds rice hulls and nitrogen and resells to landscapers. Called Shock Ab, wood chips and clean scrap wood are produced into three-quarter minus wood chips for resilient playground covering as a replacement for sand.

Kent Stevens is the Forest Products Sales Manager for The Papé Group founded in 1938, a fourth generation family-owned enterprise. A heavy equipment dealer, this company became a Caterpillar distributor in 1956 and serves Western Oregon and Northern California. A subsidiary, PBI Machinery in Toledo, Washington, is a dealer of mechanized forestry harvesting equipment throughout the Northwest, California and Alaska. The Caterpillar dealership has five Oregon locations at Eugene, Coos Bay, Redmond, Klamath Falls and Medford. In addition to heavy equipment and diesel engines, the company represents several lines of allied equipment, including Morbank, Valmet, Timboc and Timberline.

Nick Dennis, Senior Environmental Scientist, has been with Jones & Stokes for 10 years. Jones & Stokes is a full service environmental planning and natural resource science consulting firm. Their mission is to provide clients with innovative environmental planning and natural resource solutions, specializing in habitat conservation planning, water resource planning and long-term forest planning. The company has been in existence since 1970 with branches in Bellevue, Washington; Phoenix, Arizona; and Irvine, California, servicing the Western region of the United States.

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