Marbled Murrelet Legal Defense Fund - Cascadia Wildlands

Marbled Murrelet Review Suggests Increased Protections!

nsc425 — Wed, 25 Oct 2017 18:59:56 +0000

Oregon Department of Fish and Wildlife Status Review Demonstrates that Marbled Murrelet Urgently Needs Endangered Status

In response to a petition from multiple conservation organizations, the Oregon Department of Fish and Wildlife (ODFW) has released a status review that demonstrates that the Marbled Murrelet warrants uplisting from threatened to endangered under the Oregon Endangered Species Act and is seeking public comment.

“The Marbled Murrelet has been listed as threatened under the Oregon Endangered Species Act for more than two decades and during that time it has slipped closer and closer to extinction in our state,” said Nick Cady, Legal Director for Cascadia Wildlands. “It is critical that the state increase protections for this species right away if there is to be any hope of saving the Oregon population.”

The Department’s status review documents that the iconic seabird, which nests in old-growth and mature forests and forages at sea, is headed for extinction in Oregon if stronger measures are not taken. Oregon conservation groups are calling on the Oregon Fish and Wildlife Commission to uplist the Murrelet from threatened to endangered at their February 2018 meeting.

“While federal laws have stabilized habitat loss on federal lands, the State of Oregon has continued to allow logging of older forests at an alarming rate and failed to adequately address new threats to the species,” said Bob Sallinger, Conservation Director for the Audubon Society of Portland. “Changing the Murrelet’s status to endangered will help ensure that Oregon takes the steps necessary to do its part to save this species.”

The report concludes the “key threats identified at the time of listing have continued or increased, and many new threats have been identified since the 1990’s….the life history exhibited by this species provides little opportunity for the population to rapidly increase even under the most optimal circumstances.” It also noted that the primary cause of Marbled Murrelet declines, loss and fragmentation of older forest habitat on which it depends for nesting, has “slowed, but not halted…since the 1990s” with greatest losses since on lands managed by the State of Oregon. The review specifically notes that existing programs and regulation have “failed to prevent continued high rates of habitat loss on nonfederal lands in Oregon,”

If the Marbled Murrelet were uplisted from threatened to endangered in Oregon, the Department of Fish and Wildlife would be required to establish survival guidelines at the time of reclassification and a species management plan within 18-months.

“The Marbled Murrelet is the proverbial canary in the coal mine,” said Noah Greenwald, endangered species director at the Center for Biological Diversity. “The species survival guidelines and management plan will help ensure the State of Oregon addresses not only loss of older forests but a whole array of other threats faced by Murrelets, such as energy development, oil spills, power lines and declining forage fish populations.”

“It’s time for Oregon to catch up with our neighbors,” said Danielle Moser, Wildlife Coordinator for Oregon Wild. “California and Washington have already uplisted the Murrelet from ‘threatened’ to ‘endangered’ at the state level, recognizing that more protections are needed to ensure the survival of this imperiled species.”

“The data presented by ODFW staff is clear – habitat loss on state lands is putting the marbled murrelet at the risk of extinction,” said Shawn Cantrell, Northwest Director for Defenders of Wildlife. “The only question for the Fish and Wildlife Commission is whether it will follow the science by changing the status of Marbled Murrelet to endangered in Oregon.”

The data in the review overwhelmingly supports uplisting the Marbled Murrelet to endangered status in Oregon,” said Rhett Lawrence of the Oregon Chapter of the Sierra Club. “We urge the ODFW Commission to recognize the dire situation faced by the murrelet and the state forests on which they depend and move forward with this critically important step to save murrelets in Oregon.”

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The conservation groups who initiated the petition to uplist the Marbled Murrelet in Oregon were Cascadia Wildlands, Audubon Society of Portland Center for Biological Diversity, Oregon Wild, Coast Range Forest Watch and Oregon Chapter of the Sierra Club.

The post Marbled Murrelet Review Suggests Increased Protections! first appeared on Cascadia Wildlands.

Settlement Protects Marbled Murrelet on Oregon State Forests, Cancels 28 Timber Sales

bob — Wed, 05 Feb 2014 17:48:38 +0000

For Immediate Release

February 5, 2014

Contact:
Josh Laughlin, Cascadia Wildlands, (541) 844-8182

Noah Greenwald, Center for Biological Diversity, (503) 484-7495

Bob Sallinger, Audubon Society of Portland, (503) 380-9728

Settlement Protects Marbled Murrelet on Oregon State Forests, Cancels 28 Timber Sales

Agreement Also Ensures Future Logging Won’t Harm Rare Seabird

Portland, Ore.— Three conservation organizations secured a major victory today for Oregon’s coastal forests, reaching a settlement agreement with the state that cancels 28 timber sales in habitat for the threatened marbled murrelet on the Elliott, Clatsop and Tillamook state forests and improves future management practices to ensure the rare seabird is not harmed.

“This agreement provides immediate relief for the dwindling population of the marbled murrelet,” said Francis Eatherington, conservation director of Cascadia Wildlands. “The state of Oregon needs to see more in our state forests than timber volume.”

The agreement settles a legal challenge brought by the conservation organizations in 2012 arguing that logging of state forests authorized by the Oregon Department of Forestry harms the seabird, which is protected as a threatened species under the Endangered Species Act. Marbled murrelets are unique among seabirds in that they nest on the wide branches of large, old trees, making a daily trip of up to 35 miles inland to bring fish to their young. Logging of their forest homes is the primary threat to their survival.

“This is a huge win for marbled murrelets and other species that depend on older forests,” said Bob Sallinger, conservation director of the Audubon Society of Portland. “The number of cancelled sales speaks to how out of alignment the state’s practices were with the law. Hopefully this marks the beginning of a new era of responsible and sustainable management of our state’s forests.”

“If we’re going to save the marbled murrelet, we have to protect the old forests this unique seabird calls home,” said Noah Greenwald, endangered species director with the Center for Biological Diversity. “The state of Oregon and ODF flouted the law for years and now are paying the price. It’s time for the state to find a path forward that generates income for schools, but doesn’t drive species extinct in the process.”

ODF previously had a habitat conservation plan for the Elliott State Forest that allowed it to log some older forest habitat in exchange for protecting other areas critical for threatened and endangered species in the long term and was working on a plan for the Tillamook and Clatsop state forests. ODF then abandoned its plans in order to log areas it had previously promised to protect. This broken promise left the state vulnerable to the litigation filed by the groups in May 2012.

Under the settlement agreement, the state will now have to protect more habitat for murrelets on state forests. This habitat is key to protecting the species, as current research in the Pacific Northwest shows that murrelet populations are declining by approximately 4 percent per year. Clearcutting of older forest on the three coastal state forests is a contributing factor. The Elliott State Forest is a 93,000-acre forest located in the Coast Range east of Coos Bay. The Clatsop and Tillamook are made up of over 500,000 acres in the northwest Oregon Coast Range.

In addition to providing habitat for imperiled species, these forests have a mandate to generate revenue for county and state services. Rather than clearcut older trees in the three forests to help fund schools and roads, the conservation organizations have long encouraged the state to pursue beneficial opportunities. They recommend protection of the forests for use in carbon markets, a timber program that focuses on restoration thinning of dense plantation forests, the sale of key habitat to land trusts or other conservation interests, or a combination of these mechanisms.

The three conservation organizations on the suit are the Audubon Society of Portland, Cascadia Wildlands and the Center for Biological Diversity. The groups are represented by Daniel Kruse of Eugene, Tanya Sanerib of the Center for Biological Diversity, Nick Cady of Cascadia Wildlands, Chris Winter of the Crag Law Center, Susan Jane Brown of the Western Environmental Law Center and Scott Jerger of Field Jerger LLP.

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Court Halts Clearcutting in Murrelet Habitat on Oregon State Forests

bob — Tue, 27 Nov 2012 18:23:37 +0000

For Immediate Release
November 27, 2012

Contact:

Josh Laughlin, Cascadia Wildlands, (541) 844-8182

Noah Greenwald, Center for Biological Diversity, (503) 484-7495

Bob Sallinger, Portland Audubon Society, (503) 380-9728

Tanya Sanerib, Crag Law Center, (503) 525-2722

Court Halts Clearcutting in Murrelet Habitat on Oregon State Forests

Conservation Groups Call on Gov. Kitzhaber for Balanced Forest Planning

Click Murrelet to Donate Directly to Lawsuit

PORTLAND, Ore. — A federal court judge has halted 11 timber sales and all logging activities in occupied marbled murrelet sites in the Tillamook, Clatsop and Elliott state forests. The ruling stops logging in murrelet habitat until the resolution of a case filed by Cascadia Wildlands, the Center for Biological Diversity and Portland Audubon Society asserting that the state’s logging practices are harming the federally protected seabird in violation of the Endangered Species Act (ESA).

Since the case was filed, Oregon has voluntarily suspended timber sales on more than 1,700 acres of older forest in marbled murrelet habitat in the three state forests. In her ruling, Chief Judge Ann Aiken concluded the voluntary suspensions do not go far enough, writing, “Because the suspension of logging activities may be lifted at anytime with 60-days notice, and due to the imperiled status of the marbled murrelet, the status quo includes an imminent threat of irreparable injury under the ESA.”

“The state of Oregon’s forest practices are the most reckless in the Pacific Northwest and are pushing the marbled murrelet closer to extinction,” says Francis Eartherington, conservation director with Cascadia Wildlands. “This ruling should send a signal to the leadership of Oregon that balanced forest plans are critically needed to truly protect the murrelet.”

Murrelet populations are declining steadily, as is their breeding habitat. Oregon has the opportunity to provide for these birds while also ensuring timber jobs through either thinning young plantations or entering into an agreement called a “habitat conservation plan” with the U.S. Fish and Wildlife Service.

“This is an important ruling,” said Bob Sallinger of the Audubon Society of Portland. “It ensures not only that the existing timber sale suspensions will stay in place until this case is resolved, but also prevents any additional sales in key murrelet areas.”

Oregon recently abandoned its decade-long attempt to develop habitat conservation plans for the Clatsop, Tillamook and Elliott state forests that would have given the state a federal permit for limited impacts to marbled murrelets in exchange for habitat protection measures designed to enhance the bird’s conservation. Instead, the State drastically increased the cut on all three forests.

“Logging the last remaining mature and old-growth forests and driving the marbled murrelet ever closer to extinction is plainly out of step with the values of Oregonians,” said Noah Greenwald, endangered species director at the Center for Biological Diversity. “I’m thrilled the court has seen the threat posed to these unique seabirds and granted them a reprieve.”

The conservation organizations are represented by outside counsel Daniel Kruse of Eugene, Tanya Sanerib and Chris Winter of the Crag Law Center, Nick Cady of Cascadia Wildlands, Scott Jerger of Field Jerger LLP, and Susan Jane Brown of the Western Environmental Law Center.

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Press Release: State of Oregon Suspends 10 State Forest Timber Sales in Marbled Murrelet Habitat

bob — Mon, 02 Jul 2012 16:06:33 +0000

For immediate release
July 2, 2012

Contact:
Josh Laughlin, Cascadia Wildlands, (541) 844-8182
Noah Greenwald, Center for Biological Diversity, (503) 484-7495
Bob Sallinger, Portland Audubon Society, (503) 380-9728
Tanya Sanerib, Crag Law Center, (503) 525-2722

State of Oregon Suspends 10 State Forest Timber Sales in Marbled Murrelet Habitat
Simultaneously, Conservation Groups File Injunction Request to Safeguard the Threatened Seabird During Lawsuit

PORTLAND, Ore. — The State of Oregon has suspended operations on 10 timber sales in marbled murrelet habitat one month after Cascadia Wildlands, the Center for Biological Diversity and the Audubon Society of Portland filed a lawsuit alleging the state’s logging practices in the Tillamook, Clatsop, and Elliott State Forests are illegally “taking” the imperiled seabird in violation of the Endangered Species Act. To prevent additional murrelet habitat from being lost while the case works its way through the court system, the conservation groups filed an injunction request in federal court to halt sales and logging in the occupied murrelet habitat pending the outcome of the lawsuit.

The State agreed to suspend three timber sales and to hold off on auctioning three others to give the Court time to consider the preliminary injunction motion. Plaintiffs have also recognized the State has taken things a step further by removing at least four additional timber sales in murrelet habitat from the auction block that were scheduled to be sold in the near future.

“We are pleased that the state has suspended clearcutting in murrelet habitat on its own accord while this portion of the case proceeds,” said Francis Eatherington, conservation director with Cascadia Wildlands. “We hope that Governor Kitzhaber will permanently abandon these illegal timber sales, prevent any others like them in the future, and begin acting within the law in managing our state forests.”

The Endangered Species Act prohibits actions that “take” threatened species. Take is broadly defined to include actions that kill, harm or injure protected species, including destruction of habitat. The injunction request presents evidence that logging in the three state forests is harming marbled murrelets by destroying their nesting habitat. The logging operations were either already underway or ready for auction.

“Oregon’s irresponsible logging is driving the marbled murrelet to extinction,” said Noah Greenwald, endangered species director for the Center for Biological Diversity. “We’re asking the court to stop the worst of the state’s timber sales, and encouraging Governor Kitzhaber to initiate the development of scientifically-supported management plans for our coastal state forests.”

The injunction motion requests a halt to 11 timber sales, constituting 840 acres of proposed logging in the three forests as well as a halt to any future logging in occupied murrelet habitat pending the outcome of the case. The injunction is necessary because significant amounts of murrelet habitat could be lost while the case works its way through the court system.

“The suspension of the timber sales is an important interim measure while the litigation proceeds,” said Bob Sallinger, conservation director for the Audubon Society of Portland. “However it is important for the public to realize that these and other sales in murrelet habitat are still at real risk of proceeding in the near future.”

The most recent status review of marbled murrelets by the U.S. Fish and Wildlife Service found the birds have been declining at a rate of approximately 4 percent per year and that this decline likely relates to continued loss of habitat, primarily on state and private lands.

Oregon recently abandoned its decade-long attempt to develop habitat conservation plans (HCPs) for the three forests that would have given it a federal permit for limited impacts to marbled murrelets in exchange for habitat protection measures designed to enhance the bird’s conservation. Rather than improving habitat protections, the state turned its back on murrelets and other listed species altogether by walking away from the HCP process. The lawsuit seeks to force the state to develop a plan that will protect murrelets and the mature forests on which the birds and other species depend.

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A copy of the preliminary injunction memo and motion can be found here, and more case background can be found here.

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