1. DON'T BELIEVE EVERYTHING YOU HEAR.
2. California uses more wood than it produces, we have to IMPORT the rest. So, LOGGING IS GOING TO CONTINUE. Logging is "permitted" by the State Dept. of Forestry, in a Timber Harvesting Plan ( THP, written by a Registered professional Forester ( RPF). The 'permitting' makes it subject to CEQA ( Calif. Environmental Quality Act), which for other projects means an EIR ( Environmental Impact Report) can be required. But for forestry, there is an agreement that does away with EIRs. No Point in hollering for an EIR. The major laws controlling the review of these THPs are the Forest Practice Act, the Fish and Game Code, and the Water Code. The feds get into the act only when there is an endangered species concerned, and then rarely.
3. The review of THPs is done under RULES interpreting the ACT, rules are adopted by the BOARD of Forestry; CDF does not make the rules; it HAS to use them. Serious activity on a particular THP needs a copy of those rules ( $5 at CDF Santa Rosa; it also has the Act in the book).
4. The law and the rules impose some major handicaps on the public. A) the time to get involved is too short; B. We cannot inspect the area; C) Nobody HAS to listen to us in the sense of DOING something we recommend; CDF's ONLY legal obligation is to respond to points we raise--which can be done AFTER approval of the plan.
5. IS IT HOPELESS, THEN? No. CDF DOES listen when the public is CREDIBLE, and has something useful to say. No point in saying things which amount to "Don't do ANY logging here." You have to raise issues related to what the RULES restrict or forbid, and raise them based on credible grounds.
6. NEARLY 100 % of THPs are changed, usually substantially, from the version initiallysent in. Our job is to get IMPROVEMENTS.. Almost NO THPs are actually denied entirely.
7. So how do we find out about a THP in our neighborhood before we hear the trees falling? CDF will mail you FREE a list of all new THPs, about twice a week, but its for all the north coast, then you check to see if any are in your area. Most such plans are detected when someone receives a notice in the mail; OWNERS of land within 300 ft. of the THP area, or within 1000 ft. downstream are notified. In practice, the best way to get notified is to work with a group which regularly monitors these listings, and tell them what watershed you are interested in.
8. Next step: get the THP--can be ordered by mail--slow since you have to pay first. Pick up at CDF S. R. is quicker, and by law, CDF has to have the FIRST REVIEW within 10 days of receipt of THP. Then you may want to phone around to get neighbors alerted, set up a phone tree, or whatever seems appropriate.
9. First Reviews are held at Santa Rosa, on Mondays or Thursdays, at 10 a. m. usually. Phone ahead to check on when: 576-2945, ask for Seria. In theory, the 'other' agencies attend, some do send questions in. CDF Review Team chair uses a list of questions that reviewing foresters have compiled, sometimes quite lengthy. You may have some of the same ones. But this is the BEST STAGE TO AFFECT THE PLAN. The Review Chair makes up a final list of questions, some for the field inspectors and some for the forester. Then the forester is notified that the plan has been 'filed,'' that is, it's accepted for going through the process. (Many plans are returned without being accepted, but the return letter explains why, and they usually are resubmitted).
10. Then comes the field inspection, the Pre-Harvest Inspection ( PHI). CDF and any other agency on the tour makes a written report. Then the SECOND REVIEW, held at same place same days and hours as First Review. Again, check with Seria; law says this has to be within 15 days of the PHI ( unless forester and CDF agree to extend the time). Again, the public may and ask questions or ask for certain things to be done differently; during the preceding period, we can write comments about the plan, and may do so for several days after the Second Review. If the PHI report(s) change you view of the plan, you may want to send in additional written comments. ONLY WRITTEN COMMENTS COUNT AS PART OF THE ADMINISTRATIVE RECORD OF THE PLAN. Discussion at meetings may influence CDF, but written comments are needed for various reason--that's what the final decision-maker will see.
11. When the Review chair has finished reading and listening, he writes a recommendation of approval " with the following mitigations:" That list is sent to the forester; he can agree, refuse, or suggest different things. When he and CDF finally agree, the THP is sent forward to another section, and finally to Resource Manager Rodger Thompson for decision--which he has to make within 10 days unless all agree to extend the time ( frequent). During that period logging can start. Starting out with a THP with the idea of suing right from the beginning is a handicapping frame of mind. Just do a good job of trying to work WITH the system to improve the THP, and the record will generally be OK if you HAVE to sue. But litigation IS EXPENSIVE, DRAINING OF ENERGY AND TIME, AND EVEN DANGEROUS: EVEN IF YOU WIN, THE DECISION MAY RESULT IN SOMETHING YOU DID NOT FORESEE, THAT YOU JUST HATE. AND IF THE JUDGE OVERTURNS THE APPROVAL OF A THP, THE OWNER JUST RESUBMITS IT SLIGHTLY DIFFERENTLY -- AND PROBABLY CUTS MORE TREES TO PAY FOR THE EXTRA COST.
Lawsuits do have their uses, and the THREAT of them is useful. But they are usually NOT won on the CONTENT of the plan, but on some procedural error. Experience helps detect those. If you can get an injunction, then that levels the playing field and you can usually get concession from the owner you could not get in court. Nitty-gritty: IT'S NEARLY ALWAYS BEST TO WORK WITH THE CDF AND OTHER AGENCIES. THESE OTHER AGENCIES ARE USUALLY MORE ON "OUR SIDE."
12. To work with the state, you do best if you have CREDIBILITY. You gain this by NOT yelling for things they cannot do, like EIRs, or a 50 year moratorium on all logging ( not even the governor could do that, but it makes a nice inflammatory pitch for meetings). And by being accurate in your facts, AND BY USING THE RULES AS BASIS FOR YOUR PROPOSALS,.
Helen Libeu, advice to a citizen's group, 11/19/99
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