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February 2008

California Oak Report

OAKS & CLIMATE CHANGE EXPLAINED
During the course of 2008, the California Oak Foundation (COF) will from time to time share with you the rapidly-evolving climate change guidelines, standards and regulations as they pertain to oak woodlands. We do so because the climate change criteria for oak woodlands will play a decisive role in the 21st century conservation of California’s most diverse natural resource. The emerging carbon dioxide credit market and regulatory system will have meaningful effects for landowners, land trusts, developers, consultants, planners and other oak woodland stakeholders. Those who grasp this brave new carbon world the earliest will benefit the most.

This month COF reviews the role of the California Climate Action Registry. Under the Registry's Forest Protocols the conversion of oak woodlands to another land use represents a carbon dioxide biological emission (lost photosynthesis) and the permanent conservation or reforestation of oak woodlands a CO2 reduction. Consequently, the value of existing oak woodlands and former woodlands available for restoring oaks has risen significantly; concurrently the cost of mitigating oak woodland impacts has increased substantially.

California Climate Action Registry
The purpose of the Registry is to establish California greenhouse gases (GHG) emission baselines and an accounting framework. The Registry is not a GHG market broker but rather a repository of information upon which buyers and sellers of GHG market credits may conduct business. Under the Forest Protocols, eligible landowners with 100 or more oak woodland acres pay a small registration fee to participate in the carbon dioxide credit market. Landowner registration directs buyers of CO2 credits to oak woodlands carbon credit sellers verified by a qualified third-party. COF strongly recommends that all ongoing conservation easement discussions involving lands with 100 or more oak woodland acres consider joining the Registry. If a conservation easement agreement is concluded without registration, the ability of the landowner to benefit economically from the future growth of their existing oak trees will be lost.

Currently two north coast conifer forests, the Garcia River and Van Eck, are offering verified forest carbon credits on a voluntary basis until impending CO2 regulations take effect. Here’s how the carbon credits work: As a demonstration of Forest Protocols support, Gov. Schwarzenegger has used his own funds to purchase Van Eck forest carbon credits to offset CO2 emissions generated by the Governor’s personal and official jet travel. This works out to $10 (one ton) of forest CO2 credits being purchased by Gov. Schwarzenegger for every mile he flies. Once CO2 regulations are established, the market rate for forest carbon credits may rise to around $20 per ton for sequestered CO2.

Registry standards will also be used as the basis for development of GHG regulatory measures by other California agencies, such as the California Air Resources Board which adopted Forest Protocols on October 25, 2007. The Registry is currently revising its protocols for clarity, accuracy and greater participation. COF will be working diligently during this process to expand the ability of oak woodland owners to participate under the conservation and reforestation provisions.

Forest Projects
Registry forest projects are those "planned set of activities to remove, reduce or prevent carbon dioxide emissions in the atmosphere by conserving and/or increasing on-site forest carbon stocks." All forest project sites must be placed under a conservation easement. Two types of projects, forest conservation and forest reforestation, apply to oak woodlands. Here is a brief description of each, with full details available by visiting the Registry web site above:

Forest Conservation
Conservation: Specific actions that prevent the conversion of native forest to a non-forest use, i.e., residential or commercial development or agriculture.

There are two approaches for describing a baseline for a conservation project. One approach is based on local land use conversion trends and the other is based on a site-specific immediate threat of conversion. The conversion trends baseline approach assumes that conversion of the forest area to a non-forest use would happen in accordance with the land use conversion trends identified by the county and state. The immediate threat of conversion scenario assumes that within five years the forest project area would be converted to another land use. Either approach may be used to characterize the forest project baseline.

Example: Conversion Trends Conservation Baseline
In 2008, Conservation Group (CG) would like to undertake a 600 acre forest conservation project in Monterey County in an area experiencing clearing of oak woodlands for housing and commercial development. To characterize the project baseline, CG would identify the project area’s conversion trends as residential housing/commercial development and provide documentation (e.g. a general plan) that indicates the project area has been zoned to permit such development. CG would also demonstrate through a search of applicable laws and regulations that there are no requirements to protect the forest project area from development.

Example: Immediate Threat Conservation Baseline
To demonstrate an immediate site specific conversion threat, the following forest project information must be provided: (1) objective documentation that clearly describes the specific threat of conversion that would take place in the project area in the absence of the forest project; (2) objective information that indicates that the forest project area would have been converted within five years from the time of project initiation. One or more of the following documents must be provided: (1) copy of a bid to purchase the land from a developer; (2) plans to subdivide the project area; (3) a request for rezoning of the site to allow conversion filed with the County.

Forest Reforestation
Reforestation: The establishment and subsequent maintenance of native tree cover on lands that were previously forested, but have had less than 10% tree canopy cover for a minimum time of ten years.

To characterize a reforestation project baseline, it must be shown that the project area was forested previously but has been out of forest cover for at least ten years. For purposes of this protocol, out of forest cover means less than 10% tree canopy cover. The presumption underlying the reforestation baseline approach is, absent any laws or regulations requiring reforestation, the project area would remain out of forest cover over time, given current and historical circumstances.

Similar to the other forest projects, an historical date for baseline initiation may be used for reforestation projects. However, the project developer will need to provide the information that is necessary to show: (1) the project area was previously forested but had been out of forest cover for ten years prior to the baseline initiation date; (2) no statutes or regulations requiring reforestation of the area existed at that time.

Example: Reforestation Baseline
Landowner Bob in Alameda County wants to undertake a reforestation project on 300 acres of his land in 2008 so he can register and bank any carbon gains with the Registry. The area was formerly oak woodlands but it was cleared in 1980 by a previous owner to be a vineyard, though the vineyard ultimately failed. With the exception of a few remaining vines, the project area is mainly grassland with no tree cover. To characterize his baseline, Bob needs to provide supporting information to demonstrate that the project area has been out of forest cover for at least 10 years and that the area once had a minimum of 10% tree canopy cover. Bob could demonstrate all of these circumstances with county and state land use records or other historical data for the area. Finally, through a legal search Bob would demonstrate that no laws or regulations require him to reforest the project area. With this supporting information, Bob would be able to characterize his baseline as one that would have no active management over time, leaving the project area to remain in its present state with grass cover, a few vines and no forest cover. Bob's CO2 credits would derive from the restocking of this land with oaks.

As a means to pay for the initial cost and maintenance of planting oaks Bob could: (1) let county developers know he has land available for California Environmental Quality Act off-site oak planting mitigation; (2) apply to existing tree planting cost-share programs; (3) since Bob lives in a county that has qualified for grant funding under the Wildlife Conservation Board's Oak Woodlands Conservation Program, he can work with county officials to draft a land improvement grant proposal for submission to the WCB oak woodlands program.

New to Our Website
On our Reference page, A Field Guide to Insects and Diseases of California Oaks written by Ted Swiecki and Elizabeth Bernhardt, published by USDA Forest Service and provided, free of charge and in PDF format, on their website
This publication focuses on the relatively small number of microorganisms (primarily fungi) and arthropods (primarily insects) that are capable of causing noticeable damage to oaks in California. Full color, 158 pages, free download.

Merchandise
The Laws Field Guide to the Sierra Nevada by John Muir Laws published by the California Academy of Sciences and Heyday Books 366 pages of 2,800 original watercolor illustrations. Over 1,700 species of Sierra trees, wildflowers, ferns, fungi, lichens, fish, reptiles, amphibians, birds, mammals, insects and other small animals have been catalogued. Paperback, $24.95, members 22.46, plus tax, shipping and handling.
 
 
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