In view of the recent comments from "annonymous" sources at Pacific Lumber relative to "environmental alarmists" vs. "sound science" this post seemed particularly relevant. > RIGGS' AMENDMENT THREATENS THE SURVIVAL OF THE MARBLED MURRELET IN CALIFORNIA > Last week, Representative Frank Riggs (R-CA-1) sponsored an > amendment to the Interior Appropriations bill which would eliminate funding > for implementation of the U.S. Fish and Wildlife Service's marbled murrelet > critical habitat designation on private land in his northern California > district. Although the 3,000-acre Headwaters Grove was spared from this > amendment, roughly 37,500 acres of critical murrelet habitat are affected. > This amendment to the Appropriations bill could threaten the survival of > the murrelet in California. > > The Biodiversity of Headwaters Forest > Headwaters Forest, owned by Maxxam Corporation of Houston, is the > last unprotected ancient redwood wilderness on Earth. It is a remnant of > an ecosystem that once encompassed two million acres along the California > Coast, and consists of over 50,000 acres of pristine old growth, residual > ancient trees and crucial buffer areas. The ancient redwood ecosystem is > unique for its biomass, species diversity, moist climate and productive > soils. > Redwood forests still support a diverse array of species, including > many rare and endangered species such as the marbled murrelet, northern > spotted owl, torrent salamander, tailed frog and coho salmon. Their > survival, dependent on a diverse and healthy old-growth forest, is gravely > threatened by current logging practices. > The FWS designated the Headwaters Forest area as critical habitat > because of its extraordinary importance to the long-term recovery of the > species. Pacific Lumber's ancient redwood groves in Humboldt County > constitute one of three remaining nesting areas in California. Murrelet > biologist C.J. Ralph states, "I have seen no bird as closely tied to a > forest type. They are entirely dependent on old-growth." According to > Ralph, the murrelet's breeding success rate in California is too low to > keep up with mortality, and the probability of extinction is high. > Wildlife biologist Kim Nelson firmly believes that "The location and > habitat characteristics of the Headwaters Forest, coupled with the fact > that little suitable habitat remains in the historic range of the species > in California, make the acquisition and preservation of the Headwaters > Forest key to the survival and recovery of the murrelet in California." > > Why did the Fish and Wildlife Service's critical habitat designation for > the marbled murrelet include private lands? > The FWS only designated non-federal lands as critical habitat > "where Federal lands are limited or nonexistent, and where non-Federal > lands are essential for maintaining marbled murrelet populations and > nesting habitat" (61 Fed. Reg. 26262, 26265; Final Critical Habitat > Designation, May 24, 1996). The U.S. Fish and Wildlife Service's Recovery > Plan stated that, "Suitable nesting habitat on Pacific Lumber Company lands > in Humboldt County, California is the only available nesting habitat for > the southern portion of Zone 4. This area has known nest sites and is > situated in a key area, close to the coast, with no Federal lands in the > immediate area that are able to provide similar recovery distributions." > It is imperative to protect murrelet habitat on corporate forest lands in > northern California because these lands provide a biological link for the > murrelet populations between Redwood National Park to the north and the > state redwood > parks to the south. > > Legal Protections for the Marbled Murrelet > In February, 1995 Judge Bechtle ruled in EPIC's federal lawsuit > Marbled Murrelet v. Pacific Lumber that harvesting in Owl Creek grove of > Headwaters Forest, "or any other significant portion of the marbled > murrelet's critical nesting habitat in southern Humboldt County, will > result in a high probability that the remaining population of marbled > murrelets in this region will become extinct." In May of this year, the > Ninth Circuit Court of Appeals unanimously upheld this ruling, which set a > powerful precedent that the ESA should indeed protect species on corporate > lands. This ruling also affirmed the U.S. Supreme Court SweetHome decision > which determined that "habitat modification" constitutes a "take" of > species under the Endangered Species Act. > > A Profile of Riggs' Favorite Corporate Constituent > Pacific Lumber Company was once an upstanding practitioner of > sustainable forestry. In 1985, Charles Hurwitz's Houston-based holding > company, Maxxam Corporation, orchestrated a hostile takeover of Pacific > Lumber using junk bonds financed by notorious securities criminal Michael > Milken and his firm, Drexel Burnham Lambert. Almost immediately after the > takeover, Hurwitz raided the PalCo employees' pension fund and practically > tripled the rate of cutting redwoods to pay off the loans and junk bonds > used to finance the takeover. In "justification" of his actions, Hurwitz > was quoted by Time magazine as telling his new employees, "There is the > story of the golden rule: He who has the gold rules." > Riggs' amendment provides further evidence that he cares more about > representing his corporate constituents than respecting the sound science > that guided the critical habitat designation. He is gambling with the > murrelet's survival in order to score political points with special > interests. > > Public Acquisition of Headwaters Forest is an Election Year Issue > Concerned citizens and legislators are hoping that the Federal > Deposit Insurance Corporation (FDIC) and the Office of Thrift Supervision > (OTS), through separate actions already filed against Maxxam and Charles > Hurwitz, can stop the forest from falling victim to corporate greed. > Environmentalists and government officials are calling for a "Debt for > Nature" swap in which the government acquires title to the redwoods as > partial repayment of the $1.6 billion dollars paid by American taxpayers to > bail out Hurwitz' failed Texas Savings & Loan (United Savings Association > of Texas). > The Clinton Administration is seriously considering public > acquisition of Headwaters Forest as an election year issue. The Department > of Interior recognizes the significance of the Headwaters Forest Area for > the biological integrity of the ancient redwood ecosystem and the survival > of the marbled murrelet in California. Bret Diamond Oregon, USA
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