PL/Maxxam Assaults prime Marbled Murrelet Habitat

Bay Area Coalition for Headwaters

For immediate release Dec. 11, 2002
Contact: Karen Pickett 510-548-3113

Pacific Lumber Chain Saws Launch Assault On Prime Marbled Murrelet Habitat

More Tree Sits Go Up, Protests are Launched, $200,000 bail is Vacated

As the court case that would presumably address whether Maxxam/Pacific Lumber (PL) logging even approaches sustainability is postponed until the end of February, PL crews are going in for the kill on marbled murrelet habitat. Logging began yesterday and today in what is known as "E stands" of residual old growth forest, which are confirmed occupied habitat of the endangered marbled murrelet, their highest quality habitat on PL plans up for approval. Logging began in Timber Harvest Plan (THP) 00-439 in Grizzly Creek, near Grizzly Creek State Park and on Gypsy Mountain, where David Gypsy Chain was killed by an angry logger in 1998. Another important E stand in the Nanning Creek area (THP 01-007, near Scotia) was released by DFG yesterday, and start up of operations is expected soon.

The release of these plans by the state Dept. of Fish and Game is part of the system set up via the PL Habitat Conservation Plan and Sustained Yield Plan (HCP/SYP), part of the 1999 Headwaters Deal. Once PL has finished logging in 90% of the lower quality habitat, the wildlife agency gives approval for them to move into the higher quality habitat, despite the fact that the marbled murrelet (Brachyramphus marmoratus)population has plummeted over 90% from its original estimated size and continues to decline rapidly. Populations in California had declined to an estimated total of 4000 individuals in 1997, a drop of 33% in less than 10 years (according to U.S. Fish and Wildlife Service's Marbled Murrelet Recovery Plan). The species has lost over 96% of its original nesting habitat, primarily due to logging of old growth and residual forest. It is currently federally listed as threatened pursuant to the federal Endangered Species Act (ESA) and as endangered pursuant to the California Endangered Species Act (CESA).

The lawsuit challenging the HCP/SYP, filed by the Environmental Protection Information Center (EPIC) and the Sierra Club, just had its initial hearing changed from mid-January until Feb. 26 this week, after three years of delays.

As tree-sitters hold firm in many locations, the risks have risen as PL crews seem to be self-deputizing themselves in order to extract sitters from their perches, sometimes using pain compliance holds and very questionable tactics. Under an agreement reached as part of the settlement of the wrongful death lawsuit filed by the family of David Gypsy Chain, PL employees are supposed to stop work when they encounter protesters and call their supervisor, who would contact law enforcement. Tree-sitter Abstract Jane Marsh had a bail reduction hearing on Dec. 10, after 3 weeks in jail under $200,000 bail. The 19-year-old had been extracted from her perch, naked, by PL employees who assaulted her. She was released from jail Dec. 10 and will go to trial Feb. 3.

Tree-sitters are on Gypsy Mountain, in Grizzly Creek, and 15 tree-sitters are in the Freshwater area east of Eureka, where "Remedy" has been in an old growth tree for 8 months, and a rally on Sunday celebrated tree-sitter "Wren's " 200th day.
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Steal a little and they throw you in jail. Steal a lot and they make you a king.
--Bob Dylan
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