The U.S. Forest Service is moving to log more than 6,000 acres of
old growth reserves affected by the Biscuit fire before a court can
determine if the logging is illegal. Conservationists challeging the
logging in court say they have observed snow plows clearing the way
for crews to cut the large old trees, although a federal judge is
set to hear arguments in the case on March 22.
An emergency injunction against logging in these reserves imposed
in September was lifted on January 13 by the Ninth Circuit Court of
Appeals, leaving a nine week window when the forests are not protected by any court.
The case brought by nine conservation groups argues that if the
logging is allowed, irreparable harm will be done to irreplaceable
natural areas that can recover from the fire on their own.
At stake are old growth reserves in the Siskiyou Wild Rivers area
slated for post-fire logging by the Fiddler, Steed, Berry, Wafer,
Hobson, Lazy, and Briggs Six logging sales.
The Forest Service is plowing roads to the Fiddler and Berry
logging projects with taxpayer dollars so that private companies can
harvest the big trees, and conservationists speculate that they may
send in crews to log trees now and haul them out in the spring.
“We still believe the proposed logging in old growth reserves and
roadless areas is illegal, and we will still have our day in court,”
said Rolf Skar, campaign director of the Siskiyou Regional Education
Project.

Fiddler Mountain near the summit soon after the fire, September
2002 (Photo courtesy U.S. Forest Service (USFS))
The Biscuit fire burned
through large portions of the Siskiyou National Forest in July and
August of 2002, and the Forest Service initially anticipated a
moderate level of logging outside of old growth reserves and
roadless areas.But the Bush administration changed course and proposed the
largest timber sale in recent history, including substantial logging
of old growth and large roadless areas.
Conservationists filed suit in July 2004 to stop the immediate
logging of old growth reserves, and the Ninth Circuit granted an
emergency injunction in September 2004, to protect these areas while
the case is heard.
“Logging is proceeding on timber sales outside old growth
reserves and we have not tried to stop it," said Sklar. "We now just
hope the timber companies do the right thing and hold off logging
these ancient forests over the winter until a judge has a chance to hear the entire case.”
“Giving the timber industry the green light to log these ancient
trees will result in tons of soil washing into Oregon’s wild rivers,
and there is no way this will be good for salmon or the local people
who rely on, or enjoy, these endangered fish,” said Elaine Wood, a
retired school teacher who lives near the fire area.

A black-tailed deer returns to an old growth area charred by the
Biscuit Fire. (Photo courtesy USFS)
"We knew the
order stopping these sales was temporary," said Earthjustice
attorney Todd True. "Even now, however, the federal government could
stop the controversy by withdrawing its plans for extensive logging
of old growth forests where clean rivers flow, wildlife flourishes,
and people hike and paddle. So far, however, the government has
refused to take this balanced and responsible step."
The Forest Service Biscuit Post-Fire Assessment says "harvest" of
green trees will be done "only where needed to achieve salvage
harvest operational objectives."
The Service states its objectives in this document. "One benefit
of harvesting dead, merchantable sized trees is that they can be
converted into various forest products, which have value locally and
nationally in the building and construction industry. An additional
economic benefit is local employment in harvesting and milling the
trees as well as well as financing reforestation and restoration work."
But the conservationists say the Forest Service sold Fiddler
Mountain for a minimum, subsidized bid price. "As a result, 14.7
million board feet of logging could take place across 697 acres of
native forest at heavy taxpayer expense. As a whole, the Biscuit
logging project is running far over budget, costing taxpayers much
more than the Forest Service originally forecast," says the Siskiyou
Regional Education Project.
The Forest Service Assessment explains that "Forest Plan
Standards and Guidelines dictate where salvage may occur."
Salvage "is or may be restricted" in congressionally designated
areas such as "Wilderness, Wild and Scenic Rivers, and Research
Natural Areas," and, says the Service, "Where inconsistent with
Standards and Guidelines for resource protection, including soil and
water protection."
Salvage may be considered for "Matrix land allocation objectives
to provide forest products, fire hazard reduction, hazard tree
removal along roads and near recreation facilities, reforestation
site preparation, including worker safety, and facilitation of
future plantation maintenance."

On the upper slopes of Fiddler Mountain a Forest Service worker
assesses the effects of the Biscuit Fire. (Photo courtesy
USFS)
But these seven logging sales put many
irreplaceable landscapes at risk, conservationists say. "The Fiddler
Mountain area, a beautiful landscape graced by native, unroaded
forests, rare flowers, scenic views and wonderful hiking trails, is
a prime example. It is also one of the areas most at risk of
imminent logging. Near the Kalmiopsis Wilderness in southwestern
Oregon’s Siskiyou Wild Rivers area, Fiddler Mountain is well loved
by people locally and across the region," the Siskiyou Project says
in its appeal for support faxes to be sent to Oregon lawmakers.
These reserves were designated primarily for fish and wildlife
habitat under the 1994 Northwest Forest Plan.
"These old growth forest reserves are vital for native fish and
wildlife," said David Bayles of Pacific Rivers Council, a plaintiff
organization. "Logging in these reserves would destroy Oregon’s
native forest and promote erosion that would pollute world class
salmon and steelhead streams."
"Recreational trails, including one of the most scenic trails in
the Siskiyous, will be converted to logging unit boundaries or roads
to haul logs," Sklar warns. "Fiddler Mountain also contains bubbling
springs and streams that flow into the Wild and Scenic Illinois
River, a major Pacific Coast salmon river."
Plaintiffs in the case include: Pacific Rivers Council, The
Wilderness Society, Sierra Club, Siskiyou Regional Education
Project, Klamath-Siskiyou Wildlands Center, Oregon Natural Resources
Council, Sierra Club, and American Lands Alliance, and Defenders of
Wildlife. Plaintiffs are represented by Earthjustice and the Western
Environmental Law Center.
The Forest Service Biscuit Fire Recovery website is at: http://www.biscuitfire.com/index.htm
The Siskyou Project is found at: http://www.siskiyou.org/