## Comments on the Western Oregon Plan Revision

### Legal Considerations

1.  Congress mandated in 1937 that the primary purpose of the O&C lands
    was to be managed for permanent sustained yield timber production,
    with secondary purposes to be protecting watersheds, regulating
    stream flow, and providing recreational facilities. Any utilization
    of the O&C Lands that results in less than 50% for timber production
    will be a violation of the O&C Lands Act, and will result in further
    litigation by the Association of O&C Counties. Alternative 2 comes
    closest to satisfying the law, but still falls short of the
    Congressional mandate.

2.  There is no provision in the O&C Lands Act that mandates that O&C
    lands should be used for preservation of old growth or endangered
    species. The dedication of these lands for that purpose is not only
    in conflict with the O&C Lands Act, but is also not necessary. There
    are over 24.5 million acres of public forest land in the Pacific
    Northwest, over 20 million of which are dedicated as habitat for the
    Northern Spotted Owl, to the exclusion of all commercial
    utilization. The O&C lands consist of 2.2 million acres. Of that 2.2
    million acres, 308,000 acres have been set aside as riparian
    reserves, 308,000 acres have been set aside for \"administrative
    purposes,\" and 66,000 acres have been set aside for wilderness and
    wild river reserves. The remaining O&C lands that can actually be
    used for timber production total just over 1.5 million acres. That's
    approximately 6% of the total public forest lands available for the
    spotted owl recovery plan. It cannot be argued that excluding that
    6% will make the difference between the survival or extinction of
    the species, but that 6% will make an enormous difference to the
    economic stability and public safety of the O&C Counties.

3.  Furthermore, because that 6% is Congressionally mandated for the
    purpose of supporting and promoting economic stability for the O&C
    counties by means of permanent sustained timber production, this
    land should never have been included under the Northwest Forest
    Management Plan to begin with. Section 4.(b)(2) of the Endangered
    Species Act reads as follows:

> The Secretary shall designate critical habitat, and make revisions
> thereto, under subsection (a)(3) on the basis of the best scientific
> data available and after taking into consideration the economic
> impact, the impact on national security, and any other relevant
> impact, of specifying any particular area as critical habitat. The
> Secretary may exclude any area from critical habitat if he determines
> that the benefits of such exclusion outweigh the benefits of
> specifying such area as part of the critical habitat, unless he
> determines, based on the best scientific and commercial data
> available, that the failure to designate such area as critical habitat
> will result in the extinction of the species concerned.

Clearly, according to the provisions of the Endangered Species Act, even
if the O&C lands did satisfy the legal definition of critical habitat
for the Northern Spotted Owl, which has not been established, it should
be excluded from the designation of critical habitat for reasons of
economic impact. Given the valid justification for excluding this land
from protection as critical habitat under the ESA, there is even greater
justification to exclude it from the Northern Spotted Owl Recovery Plan
wherein it is merely deemed \"suitable\" habitat.

### Resource Management Considerations

1.  Alternatives 1 and 2 specify that regeneration harvests (aka clear
    cuts) are to be the primary means of timber harvesting on the O&C
    Lands. This is not acceptable because it is not a balanced plan.
    Regeneration harvests are one acceptable means of timber harvesting,
    and can be implemented responsibly as part of a diversified overall
    forest management plan. However, responsible stewardship requires
    that we employ a mix of different methods to accomplish different
    purposes, on a site-specific basis, to maximize long term economic
    benefits and minimize risk to the ecosystem that supports our
    renewable resources.\
    \
    Even a catclysmic fire that destroys an entire stand leaves charred
    stumps and logs and ash, as well as some organic matter that
    enriches the soil and provides a mixed terrain for varied new
    growth. Soil composition will develop differently when it
    assimilates a couple of hundred years worth of decomposing
    vegetation between such cataclysmic events than it will through
    repeated regeneration harvests at regular intervals. However, if
    regeneration harvests are limited in size, and are adjacent to
    forestland that has not been clear-cut, and stumps and snags are
    left in place, the ecosystem of the adjacent lands will eventually
    encroach into the clear-cut areas and re-establish the biodiversity
    of the original ecosystem, mitigating the possibility of long term
    negative impact. If the same land is rotated between regeneration
    harvests and selective harvesting, the intervals between
    regeneration harvests can be extended. Significantly, the more land
    made available for timber management, the longer these rotations can
    be, while still meeting the demands of fulfilling the economic
    obligation to the counties for which these lands are mandated. This
    is another reason it is important to maximize the allocation of O&C
    lands dedicated to timber management.

2.  Wherever possible, environmentally friendly logging methods that are
    less disruptive to the ecosystem should be encouraged. These include
    both "old-fashioned" methods, like horse logging, where practical,
    and modern, high-tech means of harvesting using feller-bunchers and
    grapple skidders or helicopter logging. These methods could be
    encouraged through discounts on timber sale prices.

3.  Fire management is a primary concern and cannot be overemphasized.
    If our forests are destroyed through high-intensity crown fires fed
    by decades of build-up of ladder fuel, we lose both the economic
    resource, the ecological environment, and the aesthetic value of our
    natural resources. To some extent, fire prevention can be combined
    with revenue generation. Strategically located regeneration harvests
    can be used as fire breaks. Small diameter and underutilized (SDU)
    forest materials removed by mechanical thinning can be utilized to
    offset the costs of the thinning. Small diameter trees can be used
    for specialized timber products, and other foliage can be used for
    compost or ethanol production.

## Summary

1.  All of the O&C lands that have not been administratively withdrawn
    by Congress, or set aside by Congress for riparian reserves, or
    wilderness and wild river reserves, should be dedicated to the
    purpose of permanent sustained yield timber production to support
    the economic stability of the O&C Counties, as mandated by Congress
    in the O&C Lands Act of 1937.

2.  Regeneration harvests should be part of a balanced timber management
    plan, but should not be prescribed as the predominant method. The
    means of harvesting should be determined on a site-specific basis,
    and regeneration harvesting should be used in rotation with
    selective harvesting to extend regeneration intervals while still
    producing timber revenues. The amount of O&C land allocated to
    timber management should be maximized for the same reason.

3.  Protection of the environment should be promoted by responsible and
    balanced selection of timber harvesting methods, as well as by
    encouraging harvesting methods that minimize disruption of the
    ecology, to the greatest degree possible that is consistent with the
    goals of producing consistent revenue for the benefit of the O&C
    Counties. An aggressive fire management program should be undertaken
    immediately. Costs of mechanical thinning can be offset by
    utilization of Small Diameter and Underutilized (SDU) forest
    materials, as well as by the BLM's share of the increased timber
    revenues to be realized by maximizing timber utilization of the O&C
    Lands.

Margaret Goodwin\
1403 Soldier Creek Rd.\
Grants Pass, OR 97526

<mgoodwin@jocat.org>