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January 2002

California Oak Report

COF Opposes Boards of Forestry Appointments
On January 9, 2002, three currently serving members of the Board of Forestry are up for reappointment. Tharon O'Dell, Paula Ross, and Norman Waters have consistently refused to address oak woodland conservation issues. Instead of being part of the solution, they have been the problem. To make your voice heard, fax Senator John Burton, Chair, Senate Rules Committee, at 916/445-4722, or write to him at State Capitol Room 205, Sacramento, CA 95814, Phone: (916) 445-1412. (The text of COF's lawsuit against the Board of Forestry is at http://www.californiaoaks.org/html/current_issues.html).

Sierra Nevada
On December 27 the Bush administration signed-off on the new management plan for 11.5 million acres of national forests in the Sierra Nevada. The plan stipulates that all oaks 12 inches diameter at breast height or greater be retained on timberland and all oaks 8 inches diameter at breast height or greater be retained on woodland. To the extent possible, these oaks will be retained during mechanical fuel treatments, salvage operations and prescribed fire treatments. Livestock grazing will be managed to meet needs for regenerating oak trees.

The Forest Service is currently in the process of updating the land management plans for the Angeles, Cleveland, Los Padres and San Bernardino National Forests. Oak ecosystem issues will be a key component of this process, particularly in light of the fact that counties in the region lack local oak habitat conservation measures. Planning for the 3.5 million acres of Southern California national forests is scheduled to be completed by the end of 2003.

Sierra Pacific Industries
The California Oak Foundation is asking Sierra Pacific Industries (SPI) to provide information regarding how its forest practices, specifically SPI's "variable retention" (clearcutting) operations, comply with the Forest Practice Rules governing oak habitat retention. SPI owns 1.5 million acres of timberland in California.

El Dorado County
An El Dorado Hills couple have pleaded no contest to charges of illegally cutting down or trimming native blue oak and live oak trees on state parkland bordering Folsom Lake. Last year, the couple hired a tree-cutting crew to go onto the public land behind their home and cut down 61 trees and trim 116 others. In addition to three years' probation, a $2,700 fine and 120 hours of community service, the court will require the planting of more than 120 native seedlings and maintaining the new trees for at least three years -- at a cost of $28,800 to $97,900.

Sudden Oak Death
Assemblyman Joe Nation, who co-authored legislation that set aside $3.6 million for the Sudden Oak Death Task Force in last year's budget, will soon introduce a bill to provide an additional $5 million in state funds to battle the disease.

The Dirty Half-Dozen
This month COF premiers the Dirty Half-Dozen, the six California counties with the worst oak woodland management planning. The most egregious oak removal is currently taking place in Calaveras County, Kern County, Placer County, San Benito County, San Diego County and San Luis Obispo County.

Legislation
Fish and Game Code Section 4700 prohibits the Department of Fish and Game from issuing incidental take permits for fully protected species, as it does for endangered and threatened species. Two bills, AB 985 (Florez) and AB 1561 (Kelley), are seeking to abolish the fully protected species status for 37 wildlife species. COF has sent the following letter opposing these bills (please send your own letter on this important issue):

The Honorable Sheila Kuehl, Chair
SENATE NATURAL RESOURCES AND WILDLIFE COMMITTEE
State Capitol, Room 112
Sacramento, CA 95814

The California Oak Foundation (COF) is writing to express it strong opposition to AB 985 and AB 1561. These bills seek to delist currently designated "fully protected species," including nine species that are dependent on oak woodland habitat attributes for their survival: American peregrine falcon, Blunt-nosed leopard lizard, California condor, Golden eagle, Limestone salamander, Ring-tailed cat, Santa Cruz long-toed salamander, Southern bald eagle and White-tailed kite. The Department of Fish and Game (DFG) California Wildlife Habitat Relationships System states that these nine wildlife species "prefer or make great use of" a variety oak woodland habitat elements.

The reason these species were listed in the first place was due to the loss of critical habitat. Between 1945 and 1973 nearly a million acres of oak woodlands were destroyed. Since 1973 hundreds of thousands of acres of the state's oak woodlands have been converted to other land uses and hundreds of thousands of additional oak woodland acres have been fragmented by development. It should be noted that in the authors' home districts not one local government has complied with the Board of Forestry's 1993 request for local governments to design comprehensive oak habitat conservation measures. In fact, both Kern County and San Diego County are on the COF short-list of counties with the worst oak woodland management planning in the state.

The contention by bill supporters that reconciling the fully protected species law with the California Endangered Species Act (CESA) is essential for multi-species habitat planning is spurious. COF has yet to see a Habitat Conservation Plan or Natural Community Conservation Plan in California that adequately addresses the maintenance of oak habitat continuity over time. Improvements must be made by U.S. Fish and Wildlife Service and the California Department of Fish and Game in oak woodlands management.

The best available science has already established that the preferred habitats of these nine fully protected species must be conserved if they are to avoid extinction. COF will vigorously oppose AB 985/AB 1561 unless the CESA definition of "incidental take" is amended to include habitat, as the federal Endangered Species Act (ESA) does. Consistency between CESA and ESA will benefit both oak woodland dependent wildlife species and landowners in the long-term.

Sincerely,
Janet. S. Cobb. President
CALIFORNIA OAK FOUNDATION

 
 

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