H E A D W A T E R S . F O R E S T . A C T I O N . A L E R T
Action Alert 12-08-98
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1
CALL FISH & GAME!
Don't let Pacific Lumber get away with any more violations!
The latest logging violations by Pacific Lumber have seriously degraded
Bear River, a salmonid stream south of Headwaters (see adjoining Weekly
Update for details.)
The Department of Fish & Game, the California Department of Forestry,
and Water Quality officials documented that PL knowingly violated their
timber harvest plan and caused serious damage to the stream in the presence
of steelhead fry and young-of-the-year.
But now the Fish & Game Dept., which could impose a stiff penalty on
the company, is refusing to enforce the law and fine PL for these blatant
violations. They claim that the violations were "technical in nature," and
that they did not result in significant damage.
The Fish & Game Code in section 1603.1 states "every person who
violates Section 1603 is subject to a civil penalty of not more than
twenty-five thousand dollars ($25,000) for each violation." Proving
irreparable damage is specifically not required to invoke enforcement
action under section 1603.1, but the record on the matter very clearly
documents that Bear River and the salmon did in fact suffer such damage
from these violations.
Please call on the agency to enforce
Fish & Game Code section 1603.1
Mark Stopher, Donald Koch
Dept. of Fish & Game, Region 1
601 Locust Street
Redding CA 96001
Mark Stopher 530-225-2275
Donald Koch 530-225-2300
fax for both 530-225-2381
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2
CALL FISH & WILDLIFE and U.S. ATTORNEY
Pacific Lumber destroys spotted owl habitat
In a related case, U.S. Fish & Wildlife is investigating recent actions
where Pacific Lumber cut down an active spotted owl nest tree, home to a
pair of owls, in Freshwater Creek. In Howe Creek, PL bulldozed a road right
up to another owl nest tree and harassed the nesting owls out of the tree.
Destroying or harassing an endangered species violates state and federal
laws. USFWS reports that it is investigating the matter.
This case underscores the need for STRICT agency enforcement of the
provisions of the Headwaters Habitat Conservation.
The agencies' actions in this incident do not inspire confidence in
their ability or willingness to do this. UNLESS THE AGENCIES IMPLEMENT AND
ENFORCE THE LAW NOW, why should we believe they will do so later?
Please contact these officials and ask them to enforce
their own rules and impose the maximum
fine possible on Pacific Lumber.
Mike Spear
U.S. Fish & Wildlife Service
1125 16th St., Room 209
Arcata CA 95521
fax 707-822-8411
Robert Mueller
U.S. Attorney's Office
450 Golden Gate Ave. 11th Floor
San Francisco CA 94102
phone 415-436-6823
fax 415-436-7234
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T H E S E . U P D A T E S . are prepared by Headwaters Sanctuary Project
and distributed by Bay Area Action <www.baaction.org>.
headwaters@enews.org headwaters@enews.org
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:NOV:28:1998.....REMEMBER TO RECYCLE THAT XMAS TREE THIS YEAR