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November 2002
California Oak Report
The California Oak Foundation is initiating the following bill in the 2003-04 state legislative session with Senator Don Perata as sponsor:
Oak Ecosystem Conservation Act
An act relating to oak ecosystem health.
SECTION 1. The Legislature hereby finds and declares all of the following:
(a) The conservation of California's oak ecosystem enhances the natural scenic beauty for residents and visitors, increases real property values, promotes ecological balance, provides habitat for over 300 wildlife species, moderates temperature, reduces soil erosion, sustains water quality and aids with nutrient cycling, all of which affect and improve the health, safety, and general welfare of the residents of the state.
(b) The future well-being of California's oak ecosystem is seriously threatened by the pathogen Phytophthora ramorum, commonly known as sudden oak death. The effect of the spread of this disease is potentially disastrous with massive die?offs of oak trees covering many thousands of acres. This dramatic change in forest cover and ecosystems will result in devastating impacts on California's wildlife.
(c) The sudden oak death zone of infestation now includes 12 counties: Alameda, Contra Costa, Humboldt, Marin, Mendocino, Monterey, Napa, San Mateo, Santa Clara, Santa Cruz, Solano and Sonoma. Recent aerial surveys show the disease may have spread to several other counties.
(d) Blue oak, Oregon white oak and valley oak are unaffected by sudden oak death; California black oak, coast live oak and Shreve oak are susceptible to the disease. There is currently no known cure for oaks infected with sudden oak death and it is unlikely that a feasible treatment for affected oaks in woodland or timberland settings will ever be found. Therefore, in the zone of infestation, the maximum conservation of oak species, particularly those species unaffected by sudden oak death, is vitally important to maintaining oak ecosystem functionality.
(e) It has often been reported that sudden oak death has killed many thousands of oaks along the California coast. What has gone unreported is that in this same region many thousands of oaks are annually removed during land-use conversions. The combination of sudden oak death and human impacts will cumulatively fragment oak ecosystem continuity unless appropriate conservation steps are taken immediately.
(f) A program to encourage and make possible the long-term conservation of a healthy oak ecosystem as a necessary part of the state's sudden oak death policy. California's sudden oak death planning will be incomplete until a conservation element is adopted that addresses long-term oak ecosystem health.
(g) It is hereby declared to be the policy of the state, to the greatest extent feasible, to conserve oaks and maintain oak ecosystem health.
SECTION 2. For purposes of this article, the following terms have the following meanings:
(a) "Commission" means the Fish and Game Commission.
(b) "Department" means the Department of Fish and Game.
(c) "Oak" means Blue oak (Quercus douglasii), California black oak (Quercus kelloggii), Coast live oak (Quercus agrifolia), Oregon white oak (Quercus garryana), Shreve oak (Quercus parvula), Valley oak (Quercus lobata) or any tree species in the genus Quercus killed by sudden oak death.
(d) "Oak removal" means causing an oak tree to die or be removed from the ground by any means.
(e) "Project" means as defined by California Environmental Quality Act Section 15378.
(f) "Zone of infestation" means the counties affected by sudden oak death, as determined by the California Oak Mortality Task Force.
1. The Department shall conduct a review of all projects subject to the California Environmental Quality Act that propose oak removal in the zone of infestation. The Department shall evaluate direct and indirect oak habitat impacts and recommend, seek and support the adoption of project proposals that best protect fish and wildlife resources. Review shall include, but not be limited to, peer reviewed scientific information, California Natural Diversity Database, California Wildlife Habitat Relationships System, available site-specific biological surveys and sudden oak death risk assessment maps approved by the California Oak Mortality Task Force. In the zone of infestation the Department shall be guided by a policy of maximum conservation of oaks, especially for sudden oak death resistant blue oak, Oregon white oak and valley oak.
2. If after consulting with the sponsors on project modification, and based on scientific evidence, the Department still opposes the proposed project impact on oak resources, it will notify the lead agency and Commission of its opposition. This opposition may include, but not be limited to, the issuance of permits or licenses, authorization or programs, and the appropriation of funds which it determines will result in oak removal and other modifications of oak habitats and communities in a manner that will result in significant adverse effects to fish, wildlife or plant resources for which mitigation and compensation measures are judged to be inadequate.
3. The Board of Forestry and Fish and Game Commission shall adopt as part of their Joint Policy on Hardwoods an oak ecosystem conservation strategy for the zone of infestation that includes maximum conservation of local oak species unaffected by sudden oak death.
COF welcomes your comments and support for this effort.
Merchandise
The newest book published by the California Oak Foundation, Oak Woodland Bird Conservation Plan. Lead author for this collaboration effort between California Partners in Flight and Point Reyes Bird Observatory and California Oak Foundation was Dr. Steve Zack. California oak woodlands rank among the top three habitat types in North America for bird richness. This book is a guide for conservation policy and action on behalf of oak woodland habitats and wildlife. Available by order form on the merchandise page of our website at www.californiaoaks.org/html/merch2.html at $12.00 each ($10.80 for members). Through December, 2002, a free copy to new members at the Acorn level of $25, or more.
Also on our website, quality oak-related gifts for the upcoming Christmas season. Order early for timely delivery.
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1212 Broadway, #842 Oakland, CA 94612 Tel. 510-763-0282
Fax: 510-208-4435 oakstaff@californiaoaks.org
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