1

1 PUBLIC HEARING

2 DRAFT ENVIRONMENTAL IMPACT STATEMENT/

3 ENVIRONMENTAL IMPACT REPORT/SUMMARY

4 FOR THE

5 HEADWATERS FOREST ACQUISITION

6 AND

7 PACIFIC LUMBER COMPANY

8 HABITAT CONSERVATION PLAN AND SUSTAINED YIELD PLAN

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12 Sacramento Convention Center

13 Sacramento, California

14 October 29, 1998

15 1:00 p.m.

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22 Taken before WENDY E. ARLEN

23 Certified Shorthand Reporter

24 State of California

25 CSR License #4355, RMR, CRR

 

 

 

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1 HEARING OFFICER: LOTARIO D. ORTEGA

2

3 PRESENT:

4 MICHAEL SPEAR, U. S. Fish and Wildlife Service

5 ROSS JOHNSON, California Department of Forestry

6 and Fire Protection

7 WILLIAM HOGARTH, National Marine Fisheries

8 Service (Afternoon Session)

9 VICKI CAMPBELL, National Marine Fisheries

10 Service (Evening Session)

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1 --o0o--

2 PROCEEDINGS

3 --oOo--

4 HEARING OFFICER ORTEGA: We'll go on record. Good

5 afternoon, ladies and gentlemen. Welcome to this public

6 hearing. The United States Fish and Wildlife Service,

7 the National Marine Fisheries Service, the California

8 Department of Forestry and Fire Protection and the

9 California Department of Fish and Game are conducting a

10 joint process for the taking of comments on an

11 Environmental Impact Statement/Environmental Impact

12 Report for the Headwaters Forest Acquisition and the

13 Pacific Lumber Company's Habitat Conservation Plan and

14 Sustained Yield Plan.

15 My name is Lotario D. Ortega. I am an attorney

16 retired from the United States Department of the Interior

17 solicitor's office. I will be serving as the presiding

18 official for this hearing.

19 Here with me are the following representatives of

20 the agencies involved. In the middle of the table to my

21 right is Mike Spear, who is the manager of the

22 California/Nevada operations office of the United States

23 Fish and Wildlife Service here in Sacramento. On the far

24 right is Mr. Ross Johnson of the California Department of

25 Forestry and Fire Protection. His office also is here in

 

 

 

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1 Sacramento. And the man nearest to me on the table to my

2 right is Mr. Bill Hogarth, regional administrator of the

3 National Marine Fisheries Service. His office is in Long

4 Beach, California.

5 You will find a table in the lobby with written

6 materials of the proposed action and the documents that

7 will be referred to in this public hearing. At this

8 point I would like to introduce Mr. Mike Spear, who will

9 make a brief opening statement, presentation, and he will

10 be followed by Mr. Johnson of the California Department

11 of Forestry and Fire Protection. Mr. Spear.

12 MR. SPEAR: Good afternoon. My name is Mike Spear

13 of the Fish and Wildlife Service. The Endangered Species

14 Act has established protections for species threatened

15 and endangered and provides for authorization of certain

16 impacts where such impacts comply with criteria

17 established by the act.

18 The most fundamental protection provided by the

19 act is the prohibition against take of species listed

20 under the act. Take includes actions that would kill,

21 harass or harm listed species. Incidental take is

22 defined as take that is "incidental to and not the

23 purpose of the carrying out of an otherwise lawful

24 activity."

25 When incidental take may result from actions of

 

 

 

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1 state or local governments, corporations or private

2 individuals, Section 10 of the Endangered Species Act

3 directs the secretaries of the Department of Interior and

4 the Department of Commerce to issue permits for

5 incidental take when certain conditions are met by the

6 applicant.

7 Those conditions are described in detail in the

8 act. Most importantly, the applicant must submit a

9 Habitat Conservation Plan, or HCP. Among other things,

10 the HCP must describe the impact of take and the steps

11 the applicant will take to minimize and mitigate such

12 impacts.

13 The standards for the agency's evaluation of the

14 HCP are also described in the act. Most importantly, the

15 agencies must find that the taking will not appreciably

16 reduce the likelihood of survival and recovery of the

17 species in the wild.

18 If the statutory conditions are met, the

19 incidental take permit will be issued by the Fish and

20 Wildlife Service and the National Marine Fisheries

21 Service.

22 Pacific Lumber Company has prepared an HCP and

23 submitted an application for an incidental take permit

24 for several species. Also, the United States Congress

25 and the California Legislature have approved an

 

 

 

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1 appropriations for acquisitions for portions of Pacific

2 Lumber's property if the HCP is approved.

3 Because the issue of an incidental take permit is

4 a federal action, the process is subject to review under

5 the National Environmental Policy Act, NEPA. The State

6 of California has also undertaken environmental review

7 under the California Environmental Quality Act, CEQA.

8 Therefore, the state and federal agencies have entered

9 into an agreement to prepare a single environmental

10 document called a joint EIR/EIS.

11 Impacts considered under NEPA and CEQA are not

12 limited to impacts on listed species but include all

13 impacts of the action affecting the human environment.

14 In addition to the evaluation of the effects of

15 implementation of the HCP, the joint EIR/EIS will cover

16 the impacts of the proposed acquisition.

17 This comment public hearing is part of the

18 proposed comment period on the proposed EIR/EIS. It will

19 be closed November 16th, 1998. Because the

20 incorporations include a deadline of March 1, 1999, for

21 completion of the entire process, the public comment

22 period will not be extended beyond November 16th.

23 On behalf of Fish and Wildlife Service, the

24 National Marine Fisheries Service, I thank you for the

25 effort you have made to attend this meeting and also

 

 

 

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1 thank you in advance for your comments. Now, we'll hear

2 some introductory remarks from Ross Johnson from the

3 California Department of Forestry and Fire Protection,

4 the representative of the State of California.

5 MR. JOHNSON: Good afternoon. My name is Ross

6 Johnson, deputy director with Department of Forestry and

7 Fire Protection. The department is a state lead agency

8 under the California Environmental Quality Act, or CEQA,

9 for this project.

10 The department will use the Environmental Impact

11 Report to evaluate the environmental impacts of the

12 Sustained Yield Plan submitted by Pacific Lumber Company.

13 The department will use the EIR to identify potentially

14 significant adverse impacts and determine whether the

15 Sustained Yield Plan needs to be modified with

16 alternatives or feasible mitigations to avoid or mitigate

17 those impacts.

18 This EIR is a joint document with the Federal

19 Environmental Impact Statement, or EIS. The Sustained

20 Yield Plans, or SYP's as they are called, are one of the

21 mechanisms that timberland owners can use to meet the

22 state's requirement for maintaining maximum sustained

23 production of high quality timber products while giving

24 consideration to values relating to, among other things,

25 watershed, fisheries and wildlife.

 

 

 

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1 SYP's must include protections of timber growth

2 and havesting over a the hundred year planning horizon, a

3 fish and wildlife assessment and a watershed assessment.

4 Subsequent timber harvesting plans may rely on the

5 approved SYP to the extent that issues are addressed in

6 it.

7 Following approval, the SYP is in force for a

8 period of no more than 10 years. The department does not

9 normally prepare an EIR for Sustained Yield Plans and

10 usually uses its CEQA functional equivalency in the

11 Forest Practice Act. However, in this case it was judged

12 to be more efficient and fair for the EIR to be a joint

13 document with the federal EIS.

14 I am glad to see you here and look forward to

15 hearing from you in your testimony.

16 HEARING OFFICER ORTEGA: Thank you, gentlemen.

17 Public comments on these comments will be accepted, as

18 indicated earlier, until November 16, 1998. After review

19 and consideration of your comments and all other

20 information gathered during the comment period, the

21 agencies will prepare a final Environmental Impact

22 Statement and Environmental Impact Report.

23 The purpose of this hearing is to receive your

24 oral comments on these proposals. The information you

25 offer on all aspects of these proposals is very important

 

 

 

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1 and will be carefully considered. Because of the

2 importance of your comments, it is necessary that we

3 follow certain procedures in this hearing.

4 If you want to present comments at this hearing,

5 we would request that you register at the table outside

6 in the foyer. When you register, please indicate any

7 organization that you represent. When you are called to

8 present your comments, please come forward to one of the

9 two microphones here in the front. Please begin your

10 presentation by stating your full name and please spell

11 it for accuracy of the record, and then indicate what

12 organization you represent, if any. In order that we can

13 accept the maximum number of comments into the record, I

14 will call two names at a time, the speaker who will next

15 speak and the one to follow.

16 Now, we prefer not to limit the time allotted to

17 each speaker to make a presentation. However, in order

18 that we can accommodate all of those who have indicated

19 that they would like to make comments, I would ask you at

20 this time, although we are not going to impose any strict

21 time limits, to limit your comments to not more than five

22 minutes.

23 Now, this is an informal hearing. You will not be

24 questioned or cross-examined in connection with any

25 comment or presentation you make. Also, it is not

 

 

 

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1 possible in the time frame that we have allotted to us to

2 answer your questions here. Official response to the

3 issues raised during the comment period will be set out

4 in a Final Environmental Impact Report or Environmental

5 Impact Statement.

6 Your statements are being recorded by a certified

7 court reporter in order to accurately preserve them for

8 the record. Please keep in mind, however, the reporter

9 cannot and will not record any statements from the

10 audience or which are made to the audience. Comments

11 have to be made, please, into the microphone.

12 In order to allow everyone here to amply present

13 their comments, it is important that we maintain an

14 atmosphere of courtesy and respect for each speaker.

15 Therefore, we can't allow any applause, argument,

16 cheering or any other disruptions from the audience. We

17 will try and hopefully maintain a fair, neutral

18 atmosphere in order to record all comments into the

19 record.

20 Now, instead of presenting oral comments here this

21 afternoon or in addition to any oral comments you may

22 submit, you may also submit comments in writing. Written

23 comments may be submitted today to the staff at the

24 registration table in the foyer, or they may be mailed to

25 Mr. Bruce Halstead of the U. S. Fish and Wildlife

 

 

 

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1 Service. His address is 1125 16th Street, Room 209,

2 Arcata, California. The zip code is 95521-5582. That

3 address is available at the registration table in the

4 outer lobby.

5 Now, remember, written comments will be accepted

6 until November 16th, 1998, and also please bear in mind

7 that written comments will have the same consideration as

8 any oral comments presented here at this hearing.

9 At this point we will proceed with oral comments.

10 The first person to be called will be Charles Jourdain.

11 He will be followed by Camilla Hallinan. Mr. Jourdain

12 first.

13 MR. JOURDAIN: Good afternoon, gentlemen. My name

14 is Charles Jourdain, J-o-u-r-d-a-i-n. I'm a

15 representative of the California Redwood Association.

16 As vice president for technical and inspection

17 services for the California Redwood Association, I've had

18 the privilege of working closely with many employees of

19 Pacific Lumber Company for over a decade. During most of

20 this time period, controversy has surrounded the proposed

21 preservation of the Headwaters forest. Tens of thousands

22 of hours of scientific study and negotiations and

23 millions of dollars of public and private funds have

24 brought us to where we are today.

25 The September 28th, 1996, agreement and subsequent

 

 

 

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1 is Assembly Bill 1986 provide the citizens of California

2 with the best opportunity for preserving the largest

3 remaining stand of old growth redwoods in private hands,

4 while simultaneously ensuring the viability of fish and

5 wildlife populations and stabling the long-term economy

6 of the north coast.

7 The proposed action outlined as Alternative 2 in

8 the Draft Environmental Impact Statement/Environmental

9 Impact Report would add approximately 7500 acres,

10 including over 3100 acres of uncut old growth redwood, to

11 the nearly 100,000 acres of old growth redwoods already

12 preserved in perpetuity in state, federal and other

13 parklands along California's north coast.

14 According to the draft EIS/EIR, the proposed

15 action will create a 7503-acre Headwaters forest reserve

16 and will transfer 7,704 acres of Elk River lands to PALCO

17 ownership. This proposed action will result in no

18 significant cumulative impact on the air quality and

19 overall beneficial net reduction in sedimentation to

20 streams, improved aquatic habitat and resources through

21 riparian zone management, improved habitat conditions for

22 marbled murrelets by virtue of providing higher quality

23 habitat with better productivity, less than significant

24 cumulative impact on harvesting of old growth redwood and

25 Douglas fir at 3.2 and 2.6 percent, respectively, of

 

 

 

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1 remaining uncut old growth, no long-term significant

2 adverse effect on northern spotted owl populations and,

3 finally, the greatest long-term sustained yield and

4 lowest economic impact and job loss.

5 It was in May of 1988 that the Pacific Lumber

6 Company put into place the first voluntary two-year

7 moratorium on the Headwaters in order to allow

8 environmentalists to develop a plan for acquiring of the

9 property. On August 31, 1998, the California Legislature

10 took the final major step towards ending the battle over

11 the Headwaters.

12 The Headwaters forest acquisition and accompanying

13 Sustained Yield Plan and Habitat Conservation Plan are by

14 far the most complex and comprehensive long-term land

15 management plans ever proposed for private property in

16 the United States. For the sake of the environment, the

17 marbled murrelet, the northern spotted owl, coho salmon,

18 and for the sake of the hard working people of

19 California's north coast, I respectfully urge the U. S.

20 Fish and Wild Life Service, the National Marine Fisheries

21 Service, California Department of fish and Wildlife and

22 California Department of Forestry and Fire Protection to

23 accept the draft EIS/EIR for the Headwaters forest

24 acquisition. Thank you very much.

25 HEARING OFFICER ORTEGA: Thank you, Mr. Jourdain.

 

 

 

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1 Camilla Hallinan, who will be followed by Arthur

2 Freyer.

3 MS. HALLINAN: Good afternoon. My name is

4 Camilla, C-a-m-i-l-l-a, Hallinan, H-a-l-l-i-n-a-n, and

5 I'm attending this hearing as a private tax paying

6 citizen regarding Pacific Lumber's HCP/SYP, and I would

7 ask you excuse my mistake. I misunderstood the purpose

8 of this hearing. I thought I was appearing before the

9 Board of Forestry alone, and so any comments that I make

10 specifically to them I'd also like the federal to

11 consider my comments as well.

12 I think it would be unconscionable for the Board

13 of Forestry to approve Pacific Lumber's HCP/SYP as it

14 stands. This document is prepared by Pacific Lumber, so

15 it cannot be surprising the HSP/SYP favors the interests

16 of Pacific Lumber.

17 The Board of Forestry, however, has a fiduciary

18 duty to act in the best interests of all the citizens of

19 the State of California. It is incumbent upon the board

20 to ensure that the laws of our state are enforced.

21 The HCP/SYP suggests an unacceptable amount of

22 take for the marbled murrelet. To potentially and

23 irreversibly put such a large percentage of the bird's

24 population at risk is a slap in the face of the

25 California taxpayers who have just paid twice for the

 

 

 

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1 Headwaters so that we can protect the ancient, endangered

2 and threatened species.

3 The HCP will have a deleterious effect on the wild

4 salmon, and I don't see either how Fish and Wildlife or

5 the maritime association can deny that.

6 The no surprises clause grants protection only to

7 Pacific Lumber and gives no protection to the citizens or

8 the law should any natural or manmade catastrophe befall

9 any of the rare species which live in the Headwaters

10 forest complex.

11 The HCP/SYP does not adequately address the

12 prevention of erosion on water resources and waterways or

13 provide mitigation for the concerns I heard expressed by

14 long-time Humboldt County citizens of gradient being

15 added to their already impacted waterways. The

16 provisions regarding roads, road maintenance and hill

17 slope management are inadequate. Over and over there are

18 problems with this HCP.

19 The Board of Forestry must act with utter

20 scrupulousness to avoid the appearance of a financial

21 conflict of interest in this matter. As state employees,

22 the members of the board can anticipate payment of

23 dividends to their retirement funds from Maxxam

24 Corporation, Pacific Lumber's parent company, should this

25 HCP/SYP be approved.

 

 

 

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1 The Board of Forestry has an obligation to be

2 certain that HCP's, SYP's and THP's conform to the laws

3 of the State of California. California courts have made

4 rulings and judicial decisions on the way the law should

5 be applied in state forestry decisions. The Board of

6 Forestry must be certain that this HCP/SYP is in

7 accordance with those rulings and judicial decisions as

8 well as all of the law before it is approved.

9 Thank you. And I may, I add I appreciate John

10 Mund at Forestry, the courtesies that he's extended to

11 me.

12 (Applause.)

13 HEARING OFFICER ORTEGA: Thank you. If you would,

14 please, before we proceed, I think I have to announce to

15 you according to the number of people that indicate

16 they'd like to make statements here, we're going to have

17 to limit you to four minutes. I will set the timer. The

18 timer will speak for itself.

19 Next speaker Mr. Arthur Freyer to be followed by

20 Chris Keyser.

21 MR. FREYER: Hello, my name is Arthur Freyer,

22 F-r-e-y-e-r. I'm a union electrician, and I also work

23 with Sierra Club.

24 We have a compromise, but we can do a lot better.

25 It's a very bad plan. Many of us know, many of the

 

 

 

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1 scientists, our speaker of the state assemby, Antonio

2 Villariogosa mentions in a letter to his constituents

3 that that's the best deal we can get at the time, but we

4 can do better.

5 You know, I feel for the loggers. I want their

6 kids to go to college. But, you know, when they come out

7 of college, are there any trees going to be left to cut,

8 you know, is there a future? What's going to be the

9 future of jobs in the economy?

10 There is a big future in the environment, in

11 fishing, in tourism. People from Europe and all the

12 world come to especially Northern California and look at

13 these trees. You know, five, ten years down the road,

14 when half the trees are gone anyway, we've got to look

15 ahead, you know, and we want foresight and long-term

16 thinking.

17 It's too bad about the, for instance, stockholders

18 of PL. They built a mill that was specifically designed

19 for old growth redwood. I feel for them, but on the long

20 term, given you see what's happening in the economy the

21 last year or so, you can't always protect the

22 stockholders. You kind of have to go with the future,

23 and the future is in the environment.

24 So I'd like you to make your recommendations on

25 10, 20 years in the future looking at the tourism, jobs,

 

 

 

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1 the jobs with fish, with the strong, clean water. You

2 know, we can send the tourists up there, you know, to

3 look at a few trees left, but if the streams are muddy

4 and dead running through these areas, it's not going to

5 do much good for the future. So I urge you to make your

6 decision looking at 10, 20 years down the road with your

7 kids and your grandkids and the future. Thank you.

8 HEARING OFFICER ORTEGA: Thank you, sir.

9 (Applause.)

10 HEARING OFFICER ORTEGA: Next, Cathie Tritel to be

11 followed by Phillip Batchelder.

12 MS. TRITEL: My name is Cathie Tritel, C-a-t-h-i-e

13 T-r-i-t-e-l. I am a member of the Sierra Club.

14 I thank you for the opportunity today to express

15 my opinion on the Habitat Conservation Plan for the

16 Pacific Lumber Company. I object adamantly to the

17 exemption from the Endangered Species Act which the

18 Clinton administration has promised Pacific Lumber.

19 Instead of our government enforcing this act, which is

20 our strongest protection for endangered species, it is

21 proposing to grant take permits in exchange for the

22 development of a Habitat Conservation Plan.

23 As for making comments on Pacific Lumber's farce

24 of a Habitat Conservation Plan, my comment is to throw it

25 away. It is a worthless document which does not conserve

 

 

 

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1 habitat, provides little baseline data surveys of

2 endangered species, has inadequate stream buffer zones,

3 allows clear-cutting of almost 19,000 acres of old

4 growth, is projected to kill 33 percent of the spotted

5 owl population, impacts 36 unlisted but sensitive

6 species, will gravely imperil coastal coho salmon and

7 allows clear-cutting of the remainder of a 210,000-acre

8 forest.

9 This should be called a habitat destruction plan,

10 not a Habitat Conservation Plan. We need to toughen up

11 to Charles Herwitz and his timber fellows and stop

12 allowing them to make the public and the government a

13 laughing stock.

14 Habitat Conservation Plans have been shown to lead

15 to the decline of endangered species. Their adoption is

16 a tactic used by groups such as the timber industry and

17 developers to be able to exploit the land and take

18 species, an euphemism for kill.

19 Why are we going along with this in any way at

20 all? Why are we allowing the Endangered Species Act to

21 be weakened through these HCP's? Environmental,

22 fisheries and recreation advocates in this area have been

23 trying to get federal and state governments to enforce

24 the Endangered Species Act, but officials have done

25 nothing.

 

 

 

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1 These officials are setting their agencies up for

2 lawsuits on not enforcing the law. We at least need to

3 make them accountable, and if they can't make the

4 decisions which will protect the public's interests

5 instead of Charles Herwitz's interests, we should ask for

6 their resignations. Thank you.

7 (Applause.)

8 MR. BATCHELDER: Hello. Thank you. My name is

9 Philip Batchelder. I'm here as a citizen, as a human

10 being, and my last name is spelled B-a-t-c-h-e-l-d-e-r.

11 I do a lot of work on a place called San Bruno

12 Mountain. This was where the very first HCP was

13 formulated, and it was touted at the time as an example,

14 a model for future HCP's. That was a long time ago.

15 That was 16 years ago. And in one very basic way I see

16 that it has served as a model.

17 You know, Palco says here in their material that

18 this is the most comprehensive Habitat Conservation

19 Plan/Sustained Yield Plan ever developed for privately

20 owned commercial timberlands. Well, this basic way in

21 which it is similar to the Habitat Conservation Plan for

22 San Bruno is that on San Bruno Mountain this habitat

23 conservation planning has been an utter failure, and this

24 is setting us up for utter failure as well.

25 I mean, 7500 acres, precious acres, but who are we

 

 

 

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1 kidding? It's part of a much larger complex ecosystem

2 that is endangered as a whole, not just the species

3 inside it.

4 No surprises. Who are we kidding? That whole

5 idea of no surprises violates basic tenets of

6 conservation biology. Scientists around the country,

7 around the world are refuting this idea. And, in fact,

8 the Clinton administration, which has been pushing it, is

9 under lawsuit right now because of it.

10 No independent monitoring. This is a basic flaw

11 in habitat conservation planning. Who are we kidding?

12 On San Bruno Mountain the people who had decades-long

13 contracts to carry out the work of the HCP are also the

14 ones who are given review and approval powers for any

15 changes in the HCP.

16 Compromise of dangerously endangered species is

17 compromise that is absolutely unacceptable. It equals

18 death. Palco suggests that by setting aside marbled

19 murrelet conservation areas that they are somehow

20 mitigating for the destruction of some of the other

21 marbled murrelet habitat. Give me a break. It is

22 already there. They are not giving us anything.

23 I suggest that we stop talking about these plans

24 in terms of habitat conservation. This is a profit

25 conservation planning process. The habitat conservation

 

 

 

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1 planning, Section 10 (a), is a gigantic loophole in the

2 Endangered Species Act that violates its central core,

3 and that is to protect endangered species, to prepare

4 recovery plans for endangered species.

5 This is a farce. This plan that Pacific Lumber is

6 suggesting a farce. It flies in the name of the basic

7 tenets of conservation biology, and I ask that you reject

8 it. Thank you.

9 (Applause.)

10 HEARING OFFICER ORTEGA: Thank you. Alan Moore to

11 be followed by Judith Iam.

12 MR. MOORE: Before you start, when I first came, I

13 was to sign up for two groups, a nonprofit that I belong

14 to and the City of Berkeley. Then you put a time limit.

15 If I could get one extra minute to read the statement

16 from the City of Berkeley, would that be all right?

17 After my four minutes?

18 HEARING OFFICER ORTEGA: I believe not, sir.

19 MR. MOORE: My name is Alan Moore. I represent a

20 group called the Butterfly Gardeners Association. We do

21 environmental education work, work with children with

22 nonviolence and reading programs.

23 We got involved with a gentleman who is the

24 founder of San Bruno Mountain Watch, David Schooly, and I

25 wish he was here today to tell what you a failure the

 

 

 

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1 first Habitat Conservation Plan really was. He has a

2 slide show and he'll gladly take you to that location

3 where, when they ceded this land to developers and then

4 replaced it with other habitat for butterflies, they put

5 it in a habitat that had no sun and was in a lower

6 elevation, and within three years of all of their

7 tremendous efforts of plantings it was all lost and grown

8 in by native vegetation there.

9 I also want to talk about we're in opposition to

10 the Habitat Conservation Plans because of their past

11 failings and because of the failings of Pacific Lumber

12 Company to follow regulations and have been numerously

13 cited for violations, and the forestry department has

14 done nothing. In fact, when I called them up and asked

15 them what they'd be doing, they got annoyed and hung up

16 on me.

17 I think what they need if this plan is approved to

18 put in a training program. Some of these loggers have

19 been riled up. It's resulted in a death. Pacific Lumber

20 Company has stated that no one knew David "Gypsy" Chain

21 was there, and later they proved to be lying after a

22 videotape was made public and put on the radio.

23 So I think there should be a training program of

24 nonviolence for these forestry people before they are put

25 into the forest to work with protestors that will be out

 

 

 

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1 there trying to stop any illegal acts that they do. And

2 I would think that should include a workshop where they

3 would act out and confront each other with some forest

4 protestors so they could see how a situation could arise

5 that would lead to some violence. They need to be

6 trained to watch out for that.

7 Two, I would suggest that in this plan there is

8 something that's called three strikes and you're out and

9 they put that law against most people, I think they ought

10 to use this law against the corporations.

11 (Applause.)

12 MR. MOORE: So I would say if you got all your

13 things there and you're going to monitor this and there

14 are violations, three strikes and they should lose all

15 rights to harvesting timber.

16 Now, I'm just going to read a letter that the City

17 of Berkeley has endorsed for Earth Day.

18 We are one people. We share one planet. We have

19 one common dream. We want to live in peace. We choose

20 to protect and heal the earth. We will defend and

21 preserve the redwoods, rainforest and other sacred

22 places. We will become stewards for the planet's

23 threatened and endangered species. We cherish the

24 Earth's bio and cultural diversity. We will do this for

25 our children and our children's children. We will choose

 

 

 

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1 to create a better world for all. We will do our best to

2 make that dream come true. We will change what needs to

3 be changed. We will break free of our chrysalis

4 limitations. We will joyfully love, share and forgive so

5 that peace may prevail on Earth. May peace prevail on

6 Earth.

7 And not only has Berkeley endorsed this, but David

8 Brower and John O'Connell, the father of Earth Day,

9 people from all over the world. And I hope you think of

10 our children who will be holding you with their moral

11 outrage if any more destruction and the extinction of the

12 coho salmon is allowed to continue. Thank you.

13 (Applause.)

14 HEARING OFFICER ORTEGA: Judith Iam will be

15 followed by Dottie Higby.

16 MS. IAM: Good afternoon. My last name is spelled

17 I-a-m.

18 I'd like to say that we're talking about of

19 remaining redwoods, there are three percent which exist

20 of the original redwoods which stood in this area. So

21 we're talking about cutting percentages of what is

22 already a very insignificant remnant of the most ancient

23 of trees.

24 Of the people who have spoken here and who are in

25 this room, there are a few who are paid. We've learned

 

 

 

26

1 from a couple of decades ago from Watergate to follow the

2 money when we look to see where criminal acts are being

3 committed. There are those of us who come because we're

4 motivated by something else. There are those of us who

5 are coming to speak because we are paid. That's the same

6 interest which motivates this HCP. This is a political

7 document. This is not drawn up by impartial people.

8 Those who are meant to represent the public and

9 the best interests of the people and the environment are

10 compromising. This is very evident to a layperson and

11 it's even more apparent to the scientists.

12 I have a list before me of what's wrong with the

13 Habitat Conservation Plan which does not have one or two

14 items. It has a dozen items on it. They range from the

15 coho status, no mention of watershed restoration, roads,

16 landslides, water temperature variances, sensitive

17 species, riparian protection.

18 There is no time or real reason for me to go into

19 these in detail because I think you are privy to this

20 material. Ignoring is what is both painful and egregious

21 in this case.

22 I heard something about a 10-year plan. For quite

23 a while now people have been aware of seven generations

24 being what we need to think about. Japan makes 50-year

25 plans. You know, it's a question of time. Whether the

 

 

 

27

1 trees run out in one year or the trees run out in five

2 years, the trees will run out, and as Joanie Mitchell put

3 it some time back, cut down the trees, put them in a tree

4 museum. We are already making tree museums. We don't

5 want slivers of forest that species -- it's not like a

6 zoo. There needs to be a larger vision. You gentlemen

7 are part of the process of holding that vision.

8 I don't know what more you can be given in

9 materials of information and in terms of outcry. This

10 has been a battle which has been going on for 15 years

11 about this specific area. I don't know what more it will

12 take. I hope you can awaken in enough time to make a

13 difference. It does rest on your shoulders. No one

14 else's. On your shoulders.

15 So we come here to cry, to speak once again about

16 this same area and about the larger awakening to the

17 planet. May we all wake up and learn to do whatever is

18 necessary to beyond to save it, to protect it, but to let

19 it flourish back to where it was and where it needs to be

20 again. Thank you.

21 (Applause.)

22 HEARING OFFICER ORTEGA: Dottie Higby will be

23 followed by Shamus O'Bryon.

24 MS. HIGBY: My name is Dottie Higby, and I am a

25 California resident. I'm here representing myself, my

 

 

 

28

1 family, my friends. I'm not paid. In fact, it just

2 occurred to me I am paying to be here because I'm not at

3 work making money and I'm possibly getting a parking

4 ticket as we speak.

5 I was born and raised in the Bay Area, in the San

6 Francisco Bay area. I went to college and now live in

7 the Sacramento Valley. I've been a resident of

8 California all my life, which actually is longer, I hope,

9 than I look.

10 I resent the outsider Charles Herwitz and his

11 methods of financing his company and vandalizing our

12 forests and our natural resources in California. Under

13 his management, Pacific Lumber Company has shown itself

14 to be less than ethical. I don't think that this lumber

15 plan or whatever you call it, HCP, has any teeth in it

16 whatsoever.

17 I don't believe in oops. You can't put a tree

18 back on the stump. It doesn't matter what type of

19 planning we come up with, if it's not enforceable or if

20 it's not enforced, we've all wasted a whole lot of time

21 and whole lot of effort.

22 So I ask that you please make sure there are teeth

23 into the forest plan, that it can be monitored and that

24 there are consequences for not following the plan once it

25 is approved. Thank you.

 

 

 

29

1 (Applause.)

2 HEARING OFFICER ORTEGA: Thank you. Shamus

3 O'Bryon to be followed by Rose Taylor.

4 MR. O'BRYON: Hello, my name is Shamus O'Bryon,

5 S-h-a-m-u-s O apostrophe B-r-y-o-n.

6 I would like to thank you for giving me the

7 opportunity to tell you how I feel. What I feel is that

8 the people who are making the decisions for the trees,

9 the land and the animals really don't know or care about

10 what they are doing.

11 To destroy the last three percent of one of the

12 most beautiful things on earth is wrong and doesn't make

13 sense at all. I learned in school how these big trees

14 put oxygen in our air and how they help get rid of a lot

15 of pollution.

16 If they keep clear-cutting up there and run out of

17 trees, then where will they start clear-cutting?

18 I think what they are doing is disgusting and

19 needs to stop. Thank you.

20 (Applause.)

21 HEARING OFFICER ORTEGA: Thank you. Ros Taylor to

22 be followed by Dave Casebeer.

23 MS. TAYLOR: Hello, my name is Ros Taylor.

24 Spelled R-o-s T-a-y-l-o-r.

25 I just wanted you to know that this brave young

 

 

 

30

1 man here is my son. I wanted you to know that he knew

2 that I was coming to speak here today and he asked if

3 they would let kids speak, too. The words he said, the

4 words he spoke were his words and his concerns.

5 It saddened me to think how adults' short-term

6 interests have compromised our children's long-term

7 interests. It sits heavy in my heart to think that our

8 children today can't have the freedom to run and play

9 without the ever-present concern of how high the

10 pollution standard index is and whether it is safe for

11 their health to do things as children do without second

12 thought of concerning -- being concerned about the

13 pollution.

14 This brings me to the subject of the Headwaters.

15 I understand that this temperate forest is one of the

16 densist biomasses on the planet. My concern as a mother

17 is we already have a serious pollution problem in most of

18 the cities in California, especially in Sacramento, and

19 if we continue to clear-cut our forests such as the

20 Headwaters, and I understand it is going on in the

21 Sequoias and in the Sierras also, when will we decide

22 that we've had enough, that we are sick of breathing

23 dirty air that is difficult to appreciate.

24 It wasn't until recently that I discovered the

25 truth about the Headwaters. It was about a month ago. I

 

 

 

31

1 was appalled to find out that the California Board of

2 Forestry had been allowing third world forestry practices

3 in California. Most of the Californians I have shared

4 this information with had no clue and were shocked to

5 find out that this state would allow such level of

6 destruction to our watersheds, to our fish, to the

7 wildlife and to the people of Humboldt County.

8 I think history is our greatest teacher. Before

9 Maxxam seized this family owned and operated company, we

10 had a thriving multi-million dollar a year commercial and

11 recreational fishing industry. We do not have one now.

12 We had rural towns and citizens who had a high

13 quality of life. Their families enjoyed clean, nontoxic

14 drinking water. They didn't have to concern themselves

15 of the -- I understood in one of the articles I read that

16 on a 312-acre parcel they had sprayed 2,000 gallons of a

17 very highly toxic herbicide and 6,000 gallons of diesel

18 fuel. And that is documented and I can get that for you.

19 They are doing it all over. It's madness. It

20 does not make sense to me and it makes me angry, because

21 we are leaving this to our children to enjoy.

22 HEARING OFFICER ORTEGA: Would you please

23 summarize and conclude, Miss Taylor?

24 MS. TAYLOR: Yes, I will. I'm very near the end.

25 All I ask you to do is just to look at the

 

 

 

32

1 history. Before Maxxam took over the company, we had a

2 company that practiced six decades of sustainable

3 forestry. We now have a company that has clear-cut

4 probably half of the 210,000 acres it owns and has

5 totally divided that community and devastated so many

6 lives. It is about the wildlife. It is about the fish,

7 but it is also about the people of California. Thank

8 you.

9 (Applause.)

10 HEARING OFFICER ORTEGA: Thank you. Dave Casebeer

11 to be followed by Rosalind Berger.

12 MR. CASEBEER: Dave Casebeer, C-a-s-e-b-e-e-r.

13 Thanks to all for showing up and thanks for

14 allowing me to speak. I am not a member of any group.

15 My concern is for the children and the grandchildren of

16 the future.

17 I'm a human being who has grown up being given the

18 opportunity to experience a family who spent almost every

19 vacation camping, hiking, fishing, enjoying almost every

20 national park in this country. I was taught by my

21 parents, who loved camping and my grandfather who loved

22 farming for 40 years to preserve our Earth and wildlife,

23 not to destroy them. To always put back more than we

24 took from the Earth.

25 Thanks to all who have taught me that money is not

 

 

 

33

1 the most important thing in life. Thanks to all who have

2 taught me family comes first and preserving our planet

3 comes first. Charles Herwitz and all those who live

4 their lives placing money first, please change your ways

5 before it is too late.

6 What has happened at Headwaters has gone too far,

7 too many trees destroyed, watersheds destroyed, fish and

8 birds destroyed, homes destroyed, jobs destroyed, and,

9 yes, ultimately loggers' and mill workers' jobs will be

10 destroyed by clear-cutting.

11 Clear-cutting destroys the environment in a way we

12 cannot replace what has been destroyed. Clear-cutting

13 does not make any sense. Enough is enough. It is time

14 to give back more than we've taken from our planet. It's

15 time to place our planet first and our families first.

16 We cannot continue to rape and destroy our planet. When

17 it is gone, we are gone. I ask the powers that be to not

18 approve this HCP. It is not good for our planet and it

19 is not good for our families. It takes more than it

20 gives back. Thank you.

21 (Applause.)

22 HEARING OFFICER ORTEGA: Rosalind Berger, to be

23 followed by Shawnee Alexandri.

24 MS. BERGER: My name is Rosalind Berger, and I am

25 a registered nurse. I'm also chairman of the

 

 

 

34

1 environmental committee of the Berkeley Grey Panthers and

2 I'm a member of a religious body, Subud. They have an

3 environmental sustainability committee, they have 3,000

4 members. But mostly I am here today for myself as a

5 concerned person because the Earth is dying, and as far

6 as I can figure out, it's dying for profit.

7 The six ancient groves of Headwaters forest are

8 the last significant unprotected stands of ancient

9 redwood forest remaining on Earth. 95 percent of the

10 California redwoods that were here when the Caucasians

11 first set foot here are gone.

12 I don't understand why the debt that Herwitz

13 racked up, the 1.6 billion dollars he made the taxpayers

14 pay for his diddling around with the Texas thrift and

15 loan banking business, I don't understand why that debt

16 can't be traded for the Headwaters forest, part of that

17 debt.

18 Herwitz is a man who diminishes benefits for the

19 workers of the companies he takes over, a man who

20 pollutes rivers and floods out the homes of his

21 neighbors, a man who permits his workers to log in

22 illlegal areas, causing the death of David Chain, who was

23 there to caution the loggers that it was an illegal area,

24 and then concurred in telling a grieving mother that her

25 son caused his own death.

 

 

 

35

1 That man, if he can't be locked up, he should be

2 watched like hawk with independent monitoring allowed in

3 the Headwaters forest of all his activities.

4 The plan as it stands only protects two of the six

5 groves. 92 percent is open to unrestricted industrial

6 logging operations. It is a 50-year management plan

7 designed by Pacific Lumber which covers all 211,000 acres

8 of Pacific Lumber holdings in Northern California which

9 include the Headwaters forest.

10 Now, half of the eight percent -- I think 92

11 percent of this can be logged and eight cannot be logged.

12 Half this eight percent can be logged in the future if

13 Pacific Lumber presents evidence that certain species no

14 longer exist in the area.

15 The incidental take permit would allow Pacific

16 Lumber to kill endangered species and destroy their

17 habitat for the next 50 years in exchange for a few

18 mitigation measures.

19 HCP's are loopholes in the federal Endangered

20 Species Act which allows developers and resource

21 industries to skirt laws protecting endangered species.

22 It would allow clear-cutting of over 35,000 acres. It's

23 scientifically and biologically deficient, and in view of

24 Herwitz's financial and environmental history and

25 criminal forestry practices, their request for a permit

 

 

 

36

1 to take endangered species should be denied.

2 The watershed assessment data of this plan is

3 outmoded, it's outdated and incomplete and should not be

4 approved. A stream buffer of going down to 30 feet and

5 clear-cutting allowed within 200 feet is inadequate

6 protection for species. Water temperatures, streams,

7 watershed, the forest, the whole works.

8 Therefore, I request that the HCP plan should not

9 be approved, but the guidelines drawn up by the

10 stewardship plan of the Tree Foundation be followed. I

11 thank you.

12 (Applause.)

13 HEARING OFFICER ORTEGA: Thank you. Sean Dockery

14 will be followed by Shawnee Alexandri.

15 MR. DOCKERY: Hello. My name is Sean Dockery,

16 S-e-a n D-o-c-k-e-r-y.

17 I was thinking you hear all the time that jobs

18 versus environmentalist, but Maxxam Corporation, first

19 thing they do when they come in and took over Pacific

20 Lumber is they cancelled the pension fund. Right now

21 they recently cancelled the pension fund for Kaiser

22 Aluminum. The workers for the Kaiser Aluminum went on

23 strike and Maxxam Corporation brought in scabs to take

24 their jobs.

25 And the HCP is going to have short-term maximum

 

 

 

37

1 logging and then there is going to be barely anything

2 left and jobs are going to go down. It's not

3 environmentalists versus jobs. It's Maxxam Corporation

4 and Charles Herwitz versus jobs.

5 The HCP plan is inadequate and it's inaccurate.

6 It's inaccurate in it's not in its current form going to

7 protect coho salmon and it's not going to protect many

8 old growth that are out there. In the first few years

9 they are planning on cutting 2,236 acres of old growth,

10 and that's the ones that they are going to clear-cut.

11 Also, it ignores data from the 1997 cutting around

12 Bear Creek where it plainly shows the destruction of the

13 water habitat there. They took a nice forest area and

14 they cleared it, and now it's basically gravel, cement

15 like gravel with water running through it, sediment

16 filling all the waterways, no salmon habitat left.

17 I don't see any reason why, first of all, we

18 should be giving Charles Herwitz, who is against the

19 common people with his junk bond deals and his

20 liquidation of the natural resources, why we should even

21 be giving him millions of dollars for 7,000 acres. We're

22 giving him half of the money he spent for all of the land

23 he acquired in the PL takeover, plus all the mills.

24 We're giving him half of the money that he paid for all

25 of that, and we're getting about 10 percent, less than 10

 

 

 

38

1 percent of his holdings. It doesn't seem like a fair

2 deal for the taxpayers. It's not a fair deal for the

3 trees. So to the HCP and the SYP, I say that should be

4 no go and I think we should have no deal. Thanks.

5 (Applause.)

6 HEARING OFFICER ORTEGA: Thank you. Shawnee

7 Alexandri to be followed by Kristin Van Til.

8 MR. ALEXANDRI: My name is Shawnee Alexandri,

9 S-h-a-w-n-e-e A-l-e-x-a-n-d-r-i, and I'm here as a

10 private tax paying citizen today.

11 Now, you cut my time or everyone's time and so I'm

12 going to cut to the chase. Which is basically the

13 incidental take in this HCP allows the destroying of at

14 least a quarter of all known murrelet habitat on Pacific

15 Lumber's land. My question is, how does that facilitate

16 for the recovery of the species.

17 The HCP has no protection whatsoever for steep

18 Class III streams. Now, when there is a landslide, they

19 go into these Class III streams and then they all run

20 into the Class II and Class I. So when you destroy the

21 Class III streams, you destroy all the streams and all

22 the fish habitat.

23 HCP's in general are nothing more than a loophole

24 around the Endangered Species Act. We might as well not

25 make laws we're not planning to follow.

 

 

 

39

1 No surprises clause allows other species that will

2 eventually inevitably become endangered or threatened

3 because of the PL's liquidation logging no protection in

4 future days. This plan, this HCP, is for 50 years, and

5 25 years from now when God knows how many other species,

6 you know, in that forest that live there become

7 endangered, there is no protection for them because we've

8 told Maxxam out of Houston that they can do what they

9 want.

10 Those are just a few concerns with the HCP, but

11 what I really want to say is when you are approving a

12 plan, you approve the plan, then you allot the money.

13 You don't allot half a billion dollars for something

14 before the plan is ever approved. What politician in

15 Sacramento or anywhere is not going to approve an HCP

16 that has half a billion dollars there waiting in the bank

17 for it. It's ludicrous.

18 This HCP no matter what gains are made from this

19 public comment is win-win situation for Charles Herwitz.

20 He is the only one who benefits from this, not the

21 forest, not the animals and certainly not the community.

22 So, in essence, in my opinion, this is actually

23 pretty much a token public comment period we're given

24 because I don't think anyone here thinks that this HCP

25 won't be passed.

 

 

 

40

1 Also, in my opinion, the only real chance to kill

2 this HCP, which is what should happen, is to pressure CDF

3 into revoking PL's license. In the last three years,

4 Pacific Lumber has over 250 documented violations. They

5 are on probation already. They've been given a second

6 license. This year alone they have 40 more. That's a

7 few more than three strikes. We need CDF to revoke

8 Palco's license and then they can't get an HCP.

9 Also, you know, we need ecosystems, not museums.

10 You know. Oppression really breeds resistance and this

11 is one of the worst kind of oppression to our Earth, to

12 everything that supports us. Believe me, there will be a

13 lot of resistance to this plan. For nature, jail

14 Herwitz.

15 (Applause.)

16 HEARING OFFICER ORTEGA: Kristin Van Til will be

17 followed by Phil Pluckebaun.

18 MS. VAN TIL: Hi. My name is Kristin Van Til, and

19 you spell the last name V-a-n T-i-l. I graduated with

20 environmental policy at the University of Michigan a

21 couple years ago. I've been working on this issue for a

22 year, maybe a little more than that.

23 Every time I think about the deal I'm pretty

24 overwhelmed with its audacity. First of all, we're

25 giving half a billion dollars to someone who isn't proven

 

 

 

41

1 to be a criminal, but pretty much is a criminal, to go

2 ahead and clear-cut 85 percent of Headwaters forest.

3 Okay. That's pretty sick.

4 97 percent of our ancient redwoods are gone.

5 Headwaters forest is a good portion of what is left. 10

6 percent of our coho salmon are existing of the original

7 100 percent. We're going allow them to clear-cut up to

8 hundred feet along the streams and go in there almost

9 right next to the streams to take some trees out.

10 Basically, trees are 300 feet tall, you know. When a

11 tree falls across a stream, it's not going to stop at the

12 buffer zone. The rivers are going to be destroyed.

13 We're going to end up with three tree museums which after

14 20 years of wind and rain will be nothing because of, you

15 know, more and more erosion along the buffers. Doesn't

16 make any sense.

17 I implore you to please, please listen to all the

18 letters you're getting, that I know you're getting,

19 please listen to us at the public comment period. I know

20 we're only peons and that the deal was basically made

21 with money and politics and people don't really matter, I

22 guess, but pay attention to your children and your

23 grandchildren's future, please. Thank you.

24 (Applause.)

25 HEARING OFFICER ORTEGA: Phil Pluckebaun to be

 

 

 

42

1 followed by Keith Quinn. Also says Nakoma.

2 MR. PLUCKEBAUN: Good afternoon, gentlemen, and

3 thank you for this opportunity to speak.

4 Earlier a gentleman in front mentioned incidental

5 take. Clearly in study of environmental science and

6 ecology there is nothing incidental. As I understand it,

7 the term incidental is used in a most restricted legal

8 sense to mean only those things which do not violate

9 existing laws. Surely you can agree that as no thing is

10 incidental in its relationship to the evironment that

11 therefore nothing deserves an incidental legal

12 definition.

13 Also mentioned was maximum high quality timber

14 production as a priority to the sustainable use plan.

15 This is clearly unwise. Consideration for fish and

16 wildlife should not be an afterthought. We must protect

17 our future and all of our environments.

18 This is my friend Aaron. I'd like you all to

19 consider Aaron when you're reviewing this plan. This is

20 going to be Aaron's plan. We're the guys who signed it,

21 Aaron is the guy who gets to live with it. Thank you.

22 (Applause.)

23 HEARING OFFICER ORTEGA: Keith Quinn to be

24 followed by Dominik Zabern.

25 MR. QUINN: Yes, my name is Nakoma Keith Quinn.

 

 

 

43

1 N-a-k-o-m-a K-e-i-t-h Q-u-i-n-n. I represent myself and

2 along with many of the people of humanity. I'd also like

3 to state that I'm a 38-year-old adult and mature child of

4 the creator and I acknowledge every individual in this

5 room as such.

6 I would like to state in regards to this Habitat

7 Conservation Plan that it is completely unacceptable as

8 has been stated by the majority of the people that have

9 come here to speak today.

10 In regards to the incidental take permit, this is

11 basically a political loophole that was written in as a

12 rider on another bill to grant permission to take some

13 areas of endangered species while if there are landowners

14 that have other areas with the same endangered species

15 that they can protect a portion thereof.

16 As has been stated that is completely

17 unacceptable. An endangered species is an endangered

18 species. As I have acknowledged that we are all adult

19 and mature children of the creator that I believe the

20 creator who has instilled in us love and reasoning and

21 common sense and the ability to care for ourselves and

22 our children and our children's futures, I believe that

23 as human beings it is more our responsibility to take

24 into account all aspects of the living inhabitants on

25 this planet; and I believe that the creator through all

 

 

 

44

1 of the many spiritual and religious teachings throughout

2 all of creation has given us certain guidelines in how to

3 respect and take with honor and humility that which we

4 need and not to take in excess. And I would like to ask

5 all people that are responsible for these decisions,

6 please take into account that everything that we do,

7 every choice that we make, especially people that have

8 chosen positions of power and authority to make these

9 decisions for humanity, to please take this into account,

10 that every action that we do to helps to benefit humanity

11 and our children's future, that takes precedence over how

12 much financial stability or security people feel we have

13 to have.

14 I would ask that all involved -- I think that this

15 entire Sustained Yield Plan does not cover -- the no

16 surprises in regards to if an HCP is drawn up and it

17 comes out in the future, even if it's in the immediate

18 future after the HCP is approved that there are

19 endangered species or it could seriously endanger either

20 a watershed, fish habitat, endangered species that if it

21 was already approved, no matter what the destruction we

22 come to find out is going to happen, that it is already

23 approved. That is completely unacceptable.

24 Please, we vote you in as our polltations. Please

25 hear our voices and speak for us. Please come from a

 

 

 

45

1 true place. That is why I am here today, for my

2 children, for your children, for all of our children. It

3 is a responsibility to be a human being, and we come here

4 peacefully asking, begging, please, be leading examples

5 for our children and our grandchildren. Thank you.

6 (Applause.)

7 HEARING OFFICER ORTEGA: Ladies and gentlemen,

8 we've been in session about an hour and a half. So let's

9 at this point break for about 10 minutes and give our

10 court reporter here a little breathing room.

11 (Recess taken.)

12 HEARING OFFICER ORTEGA: All right. We will get

13 back on the record and reconvene this session. The next

14 speaker will be Dominik Zabern, who will be followed by

15 Virginia Jane Harris.

16 MR. ZABERN: Good afternoon. I wanted to say that

17 I think that this is kind of a pathetic situation to have

18 one branch of the government suing Charles Herwitz for

19 one and a half billion dollars that were absorbed by

20 Charles Herwitz's savings and loan that went bankrupt

21 from American taxpayers and having another branch of the

22 government discussing how to give Charles Herwitz another

23 half a billion dollars. To me, this kind of situation

24 would only happen with a billionaire because I can't see

25 how if someone had stolen a hundred dollars and was going

 

 

 

46

1 to court for that would at the same time be figuring out

2 to get another sum of money from the same government, you

3 know. To me, it seems like one hand of the government

4 doesn't really know what the other hand is doing because

5 it's being manipulated by money, by large amounts of

6 money.

7 I also think that Republicans are probably going

8 to lose the race for Governor in this election and that a

9 lot of the loyalties in the bureaucratic system, they are

10 going to be changing.

11 And Charles Herwitz is on trial right now. The

12 trial is supposed to end sometime next year. If the

13 judge is impartial, I have no doubt that he is going to

14 be convicted for illegal financial practices. So to me

15 it seems absurd that while he's being accused of a

16 massive crime that one and a half billion dollars is a

17 massive thing we're talking about, that is at the same

18 time considered credible enough to be involved in another

19 transaction, you know, at the same level of billions of

20 dollars.

21 So I see things are going to be changing in the

22 next couple years. I don't think it's going to be in

23 Charles Herwitz's favor because I think in the end reason

24 is going to prevail and it's not acceptable any more to

25 cut ancient redwood trees, it's not acceptable to kill

 

 

 

47

1 blue whales or, you know, and to do things like that is

2 also a crime against all people and all life such as

3 destroying the ozone is a crime against everybody.

4 And I think in the future that's going to be

5 acknowledged by the court systems, even though nowadays

6 it's not. People that are involving themselves in this

7 way are going to be held responsible for the

8 irresponsible or responsible actions which they may be.

9 And also my understanding is that in the history of

10 California there was a time when the government of

11 California used to pay people certain amounts of money

12 for scalps of Native Americans and that a lot of the land

13 rights in this state are based on homicide, and I think

14 in the future that's going to be acknowledged a lot more

15 than it is now that just as nowadays a lot of things

16 associated with the Nazi Holocaust are being acknowledged

17 by the courts in terms of money that was taken from

18 victims of the Holocaust and never returned until now

19 until 50 years later. Maybe a hundred years later after

20 the Indian Holocaust maybe those property rights are

21 going to be acknowledged.

22 (Applause.)

23 HEARING OFFICER ORTEGA: Virginia Jane Harris to

24 be followed by Carter Brooks.

25 MS. HARRIS: Good afternoon. Thank you for

 

 

 

48

1 inviting us here. My name is Virginia Jane Harris,

2 H-a-r-r-i-s, and this is the first secret public hearing

3 I have ever attended.

4 When I arrived today at the convention center,

5 there were no signs telling me what room this hearing was

6 going to be in. Finally, I am persistent, I called the

7 security and the lady brought me up here and said that

8 they had been requested not to advertise what room this

9 hearing was in. So I now refer to it as a private public

10 hearing.

11 (Applause.)

12 MS. HARRIS: I am here as a private citizen. I'm

13 81 years old and I have belonged to the Sierra Club for

14 60 years. As a youngster I spent my summer vacations up

15 in the redwoods near the Russian River and we would go up

16 frequently to the Eel River. We never got up as far as

17 the Headwaters project, but I was devastated to see the

18 damage that has been done to that area.

19 I regard this as the botanical equivalent of the

20 Holocaust where the Jewish peoples are replaced by the

21 redwoods, the other persons that were also killed in

22 large numbers are the magnificent Douglas firs that also

23 have been taken.

24 They are not only killing the trees, they are

25 killing the land. The brush that has been attempting to

 

 

 

49

1 grow to prevent the erosion is now being sprayed to kill

2 the brush and allow the erosion to continue.

3 I regard this entire plan as inadequate, and I

4 think that it needs to be redone entirely. The Pacific

5 Lumber Company has repeatedly broken the law and why do

6 we assume that they can now be trusted. I am not from

7 Missouri, I'm from San Francisco, but I certainly believe

8 that actions speak louder than words.

9 The arrogance of the lawlessness of Charles

10 Herwitz and the Pacific Lumber Company should not be

11 tolerated. The current California Board of Forestry

12 needs to be dismissed for malfeasance and replaced with

13 people who will enforce the laws.

14 (Applause.)

15 MS. HARRIS: It is incongruous to be talking about

16 saving the coho when the Headwaters area is being sprayed

17 with a combination of combination of herbicide and diesel

18 fuels. The herbicides ensure that the land will erode

19 into the streams and the diesel ensures if the silt

20 doesn't kill the coho salmon, the diesel residue will.

21 I urge you to start over again with another plan

22 better than this one. Thank you.

23 (Applause.)

24 HEARING OFFICER ORTEGA: Thank you. Carter Brooks

25 to be followed by Chris Keyser.

 

 

 

50

1 MR. BROOKS: My name is Carter Brooks, spelled

2 B-r-o-o-k-s. I am here today as bard. I first quote

3 Dr. Seuss.

4 I'm the Lorax. I speak for the trees, speak for

5 the trees for the trees have no tongues and I am asking

6 you, sirs, at the top of my lungs, Are you going to

7 sanction the killing of my family? The trees are my

8 family. The redwoods are my elders, and I don't mean

9 this as an analogy. I mean this quite literally. I look

10 you both in the eye, all three of you, the trees are my

11 family.

12 The actions of Pacific Lumber are to me a

13 Holocaust and like the Holocaust in the '40's are being

14 carried out with state sanction. These hearings do not

15 exist outside of the context of what goes on outside of

16 the HCP process. Other governing agencies are enforcing

17 the violence of this process. It does not exist outside

18 the context of the violence that being inflicted on those

19 courageous enough to stand in the way of this killing.

20 We should not, for example, view the swabbing of pepper

21 spray in the eyes of protestors any differently than,

22 say, beating them with billy clubs.

23 (Applause.)

24 MR. BROOKS: I wish we lived in a world where law

25 enforcement had the courage to stand in defense of the

 

 

 

51

1 protestors, to stand in defense of their right to stand

2 in front of logging trucks. I hope that you have the

3 courage to stop legitimizing the extermination of, again,

4 my family, my elders.

5 I'm going to read two things now. One is a piece

6 by Charles Finn.

7 It was my first day as a tree planter

8 working for a company of out of Burns,

9 British Columbia. I was riding in an old

10 converted bus with 20 odd other rookies on

11 our way to learn out to plant. We were in

12 a boisterous that day, young and lean and

13 bright-eyed, drawn to these woods by the

14 promise of good money. We thought we knew

15 enough about the world to kick around in it

16 and not get hurt. We were talking big and

17 acting big, yet beneath it all we were a

18 little scared and a little lonely and not

19 quite sure of ourselves. We laughed and

20 joked, hiding our fears. Then we came

21 around the last turn and all our big talk

22 was forgotten. It was the first time any

23 of us had seen the clear-cut. We fell

24 silent, staring at the moonscape before us,

25 trying to make sense of what we saw, an

 

 

 

52

1 endless expanse of compressed earth and

2 charcoal stumps. Blood drained from the

3 faces around me. Mouths hung open without

4 words and all I could think was this is

5 wrong. This is horribly wrong.

6 When the bus lurched to a halt, none of us

7 moved at first. Then we filed out looking

8 as if we had just lost a hockey game.

9 There was a big clearing where dust devils

10 swirled and a pile of slash was plowed 15

11 feet high. The foreman was handing out

12 seedling bags and shovels. 'Welcome to the

13 future,' he said.

14 "Let the Trees be Consulted" by John Wright:

15 Let the trees be consulted. Before you

16 take any action, every time you breathe,

17 thank a tree. Let tree roots crackle

18 parking lots at the World Bank

19 headquarters. Let loggers be druids

20 specially trained and rewarded to sacrifice

21 trees at auspicious times. Let carpenters

22 be master artisans. Let lumber be treated

23 by gold. Let chainsaws be played like

24 saxophones. Let soldiers on maneuvers

25 plant trees. Give police and criminals a

 

 

 

53

1 shovel and a thousand seedlings. Let

2 businessmen carry pocketfuls of acorns.

3 Let newlyweds honeymoon in the woods.

4 Walk, don't drive. Stop reading

5 newspapers. Stop writing poetry. Squat

6 under a tree and tell stories.

7 To conclude my comments, I am with these people.

8 Unfortunately, I don't have faith that you also view the

9 trees as family. You use the word products. This

10 concerns me.

11 No HCP should be allowed.

12 HEARING OFFICER ORTEGA: Thank you, sir.

13 MR. BROOKS: Let me finish my quoting, again

14 Dr. Seuss.

15 Unless someone like you cares a whole awful

16 lot, a whole awful lot, nothing is going to

17 get better. It's not. So catch, calls the

18 onceler, and lets something fall. It's a

19 truffula seed. It's the last one of all.

20 You're in charge of the last of the

21 truffula seeds. Truffula trees are what

22 everyone needs. Plant a new truffula.

23 Treat it with care. Give it clean water.

24 Feed it fresh air. Grow forests. Protect

25 it from axes that hack. Then the Lorax and

 

 

 

54

1 all of his friends may come back.

2 Thank you for your patience.

3 HEARING OFFICER ORTEGA: Thank you.

4 (Applause.)

5 HEARING OFFICER ORTEGA: Chris Keyser will be

6 followed by Michael Fry.

7 MS. KEYSER: Hello. My name is Chris Keyser I

8 live in Berkeley, California, and I am an environmental

9 writer. I've been writing about the destruction.

10 Redwood ecosystem for about 10 years.

11 This morning I was watching my cat, my tabby cat

12 Shua, enjoying herself in the sun, and I was instantly

13 reflecting on how her species evolved in north Africa and

14 the stripes of the tabby were because at that time in

15 history north Africa was densely forested with old growth

16 forest.

17 Well, we all know what north Africa is like today.

18 It's a Sahara desert. Same with the cedars of Lebanon.

19 Where are the famous cedars of Lebanon today?

20 There are two symbols of California which are

21 known worldwide and which people come from all over the

22 world to see. One is our redwood forests. The other,

23 unfortunately, is only now visible on the state flag, the

24 grizzly bear. It was state sanctioned hunted into

25 extinction at the beginning of the century.

 

 

 

55

1 Do we really want our redwood forests to perish in

2 that way? We have so few left.

3 Pacific Lumber's Habitat Conservation Plan is a

4 lawless document. It's using law -- it's using the smoke

5 screen of law to write into law things that will break

6 the law, mainly the Endangered Species Act.

7 Pacific Lumber rightfully should not be given any

8 incidental take permit to kill any endangered species

9 because of their hundreds and hundreds of violations of

10 state forestry law and the Endangered Species Act,

11 National Environmental Protection Act and so forth, as

12 witnessed by the Thanksgiving 1992 massacre in Elk Creek

13 grove where Pacific Lumber loggers went in and felled

14 dozens of old growth trees so they could destroy marbled

15 murrelet habitat.

16 It was only when the Environmental Protection

17 Information Center took them to court and got a federal

18 injunction and then actually they went all the way up to

19 the U. S. Supreme Court upholding the right of Endangered

20 Species Act, that it protects habitat as well as species.

21 Mr. Johnson, I'm sure you remember when we were

22 all up here in March 1996 when Pacific Lumber was trying

23 to punch a hole through the heart of Headwaters forest.

24 At that time in reply to someone from U. S. Fish and

25 Wildlife Service, a biologist, they said that they would

 

 

 

56

1 not prepare a Habitat Conservation Plan because they

2 didn't believe they would ever be given an incidental

3 take permit. So the fact that at this point the agencies

4 have signed off to this plan is very disturbing.

5 Another aspect of the plan which is extremely

6 disturbing is that it would allow Pacific Lumber to log

7 in the south fork of the Eel River. They have already

8 destroyed the north fork. They have already destroyed

9 the Freshwater watersheds. The residents of Freshwater,

10 the north fork of the Eel River and Stafford have all

11 filed lawsuits against Pacific Lumber for destroying

12 their homes. Pacific Lumber should not be given any more

13 watersheds to log. Maybe this is an old growth forest,

14 maybe it's second growth, but the impact on the entire

15 watershed will be devastating.

16 Thank you.

17 (Applause.)

18 HEARING OFFICER ORTEGA: Thank you. Michael Fry

19 to be followed by Craig Michaels.

20 MR. FRY: Mr. Johnson, Mr. Spear, Mr. Hogarth,

21 thank you very much for letting me speak. My name is

22 Michael Fry, F-r-y, with the University of California at

23 Davis. I've been the director of the Center for Avian

24 Biology, and I'm a former chairman of the Pacific Seabird

25 Group and former chairman of the Scientific Advisory

 

 

 

57

1 Panel for the Department of Interior's Environmental

2 Studies Program under Minerals Management Service.

3 I have five, six comments, excuse me, specifically

4 on the Habitat Conservation Plan and its implementation

5 that I think warrant considerable revision.

6 The Habitat Conservation Plan is carefully

7 designed for the protection of marbled murrelets. It

8 protects substantial portions of the known breeding

9 habitat within Palco land, but it clearly exempts known

10 nesting areas from protection. The best areas will be

11 protected. Assembly Bill 1986 assists further.

12 However, the plan admits that habitat for the

13 marbled murrelets will be degraded during the first 20

14 years of this, at least the first 20 years, and that only

15 with regrowth of existing residual habitat will, it is

16 hoped, that the marbled murrelets will find this land

17 acceptable so that there will be actually some recovery.

18 The habitat for marbled murrelets is already

19 highly fragmented and degraded and only a remnant

20 population of the birds exist in California, especially

21 compared to Alaska, for instance, but the species is not

22 listed in Alaska. It's listed in California. The

23 species is endangered now. It should be protected now,

24 not 20 years from now or 50 years from now.

25 With regard to spotted owls, there are many

 

 

 

58

1 spotted owls in the area, perhaps 120 sites. Many of

2 these will be protected, although only protected during

3 the nesting season. After the nest season areas can be

4 cut. It's presumed that the birds will move to other

5 reasonable habitat. The evidence for their moving to

6 other habitat is really shaky.

7 The habitat fragmentation is going to occur with

8 more clear-cutting around protected areas which, as it

9 has in other forests, will encourage the influx of barred

10 owls, which as a predatory species on spotted owls, may

11 in fact extirpate the birds themselves.

12 So irrespective of the plans to attempt to protect

13 spotted owls, the secondary loss of spotted owls through

14 the immigration of barred owls may occur; and the only

15 way you can prevent that is by reducing the amount of

16 cut.

17 With regard to salmonid habitat protection, the

18 federal protection guidelines called for riparian

19 protection corridors of 300 feet as a general guideline.

20 This HCP establishes 200 feet with selective cutting to

21 30 feet.

22 The riparian corridors are too narrow to prevent

23 siltation from clear cuts into streams, and selective

24 cutting within up to 30 feet may severely impact the

25 shade that is necessary on streams to preserve salmonid

 

 

 

59

1 habitat.

2 This plan is better than current practices, and

3 for that I am grateful, but it is still not really

4 adequate to protect coho salmon which, in addition to its

5 breeding habitat as an anadromous fish, is also a

6 commercial fish and has severe impacts at sea.

7 With regard to geological instability, the geology

8 of California north coast is highly unstable, with major

9 earthquakes within 30 miles. Part of the Palco land is

10 on very sleep slopes and the slopes are maintained only

11 by the tree roots that keep the land from moving down.

12 Clear-cutting will make many of the areas unstable and

13 highly prone to landslides.

14 Land slides are a major, probably the major

15 contributor to stream degradation, and in this plan the

16 protection of slopes will be the responsibility of a

17 corporate geologist without provision for review or

18 oversight by agencies. And with the corporate

19 responsibility demonstrated in the past by Palco, I think

20 that's an extremely unwise thing to have this corporate

21 geologist not have oversight management by agencies.

22 HEARING OFFICER ORTEGA: Thank you. Could you

23 please conclude?

24 MR. FRY: Yes. I'll conclude very quickly.

25 The granting of an incidental take permit on this

 

 

 

60

1 is your biggest hammer for enforcing things, and by

2 granting a 50-year incidental take permit without really

3 adequate monitoring and provisions for redress or

4 cancellation of the permit I think is really unwarranted.

5 Thank you.

6 (Applause.)

7 HEARING OFFICER ORTEGA: Craig Michaels will be

8 followed by Robin Lindheimer.

9 MR. MICHAELS: Good afternoon. My name is Craig

10 Michaels. I have a Bachelor of Science from the

11 University of Michigan School of Natural Resources and

12 Environment. I've been doing environmental education on

13 the north coast of California for the past two years, and

14 I currently live in the Bay Area where I work for the

15 Headwaters Sanctuary Project.

16 The first 10 years of the so-called Sustained

17 Yield Plan called for logging over 25 percent of Pacific

18 Lumber's holdings, over 54,000 acres. Of these lands,

19 more than 45,000 acres will be clear-cut. Within the

20 first four years alone, 2,580 of old growth will be cut,

21 2,236 acres of which will be clear-cut.

22 This is clearly not a plan that will facilitate,

23 quote, "sustained production of high quality timber

24 products while giving consideration to environmental and

25 economic values," unquote, as required under Section 14

 

 

 

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1 of the Code of Federal Regulations 1091.1 (b). In order

2 to facilitate this logging, 150 additional miles of road

3 will be constructed.

4 The stream survey data in these documents is

5 incomplete and outdated to the point where it provides an

6 extremely misleading picture of actual habitat

7 conditions. The Bear Creek watershed is a case in point.

8 The SYP stream data, which is several years old, shows a

9 high percentage of pools and shade cover even though

10 these conditions no longer exist. During the first heavy

11 rains of 1997, a massive landslide and debris torrent

12 originating on a recent logging plan eroded into Bear

13 Creek burying almost four miles of recovering salmon

14 habitat. Of the 84 habitat restoration structures placed

15 in the creek in previous years, all but one was buried or

16 swept away.

17 However, the SYP describes most of these instream

18 structures as, quote, "functioning," even though the

19 survey is dated five months after the landslide. This

20 example clearly illustrates the figures on which the SYP

21 is based on incomplete, inaccurate and intentionally

22 misleading.

23 Pacific Lumber has been convicted numerous times

24 of criminal violations of California forestry laws and

25 has displayed a clear disregard for public trust. Their

 

 

 

62

1 request for take permit should therefore be denied under

2 Section 50 CFR 13.21(b)(1).

3 The company's most recent crimes, and I'm sure

4 you're aware of these, Mr. Johnson, include clear-cutting

5 a stream-side buffer zone in THP 197004, overlogging in a

6 stream-side buffer zone in THP's 197221 and 198075,

7 clear-cutting around northern spotted owl nest trees in

8 THP's 198004 and 197548, and driving trucks directly

9 through fish-bearing streams in THP's 197401 and 197428.

10 Any one of these violations clearly, Mr. Johnson,

11 involves a, quote, "gross negligence or willful

12 disregard" of the Forest Practice Act and Forest Practice

13 Rules, as well as main other state and federal

14 environmental laws. Therefore, Pacific Lumber has

15 violated the terms and conditions set forth in their

16 stipulated agreement with the California Department of

17 Forestry which stated that Pacific Lumber was to remain

18 in, quote, "full compliance with the provisions of the

19 Forest Practices Act."

20 As an official of the U. S. Fish and Wildlife

21 Service, Mr. Spear, it is your responsibility to enforce

22 environmental laws. It is essential that this agency

23 institute a policy for strict oversight of the CDF since

24 the CDF is clearly unwilling to perform its duties and

25 suspend or revoke Pacific Lumber's operating license

 

 

 

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1 pursuant to their stipulated agreement, paragraph four,

2 line 15 and/or Article VI, Section 4576 of the Forest

3 Practice Act.

4 The endangered species present on Pacific Lumber

5 property will undoubtedly suffer a lethal blow under the

6 company's Habitat Conservation Plan. The coho salmon in

7 particular will undoubtedly decline in numbers as a

8 result of the watershed analysis process being

9 predetermined. Although this watershed analysis process

10 is designed to prescribe site-specific recommendations

11 for logging practices in each watershed, the buffer zones

12 are arbitrarily capped at a maximum of 170 feet.

13 Any disagreement on the management prescriptions

14 are simply a failure to complete such process of

15 watershed analysis would result in a default prescription

16 which would not exceed 170 feet in Class I water courses

17 and 130 feet in Class II water courses. Such

18 predetermination negates the whole purpose of an

19 independent watershed assessment and clearly contradicts

20 the FEMAT recommended guidelines for protecting salmon.

21 In summation, Pacific Lumber's Draft Habitat

22 Conservation Plan and Sustained Yield Plan must not

23 approved as these plans scientific inadequate,

24 politically motivated and economically and

25 environmentally unsound at best.

 

 

 

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1 Do your job, gentlemen. Thank you.

2 (Applause.)

3 MR. LINDHEIMER: My name is Robin Lindheimer.

4 This is a very bizarre process, sort of confuses

5 me, because it seems to me what we're coming here to do

6 is tell you many, many things that you already know. You

7 know the company that we're dealing with. You know it's

8 a company that violates California forestry code and laws

9 again and again and again and you're well aware of that

10 and we come up and tell you this. They just violated it

11 after the funding was approved. That's how audacious

12 they are about their violations. They just drive their

13 equipment right through rivers, thinking, you know, we

14 got guys in our pocket, we've got this HCP, we got this

15 money, so we can do what we want.

16 Seems like they think HCP stands for how crime

17 pays. With all due respect, you know what company you're

18 dealing with. You know the bad science that this is

19 based on. This is something that I can list. Many

20 people have come up and people who follow me will list

21 problems with the science. You're well aware of that,

22 but I wonder if it's going to do any good.

23 You know about the salmon. There's another thing

24 you know about. You know what's happened to the

25 population, how it's dwindled and dwindled and dwindled.

 

 

 

65

1 It's one percent, something like that.

2 So I wonder what I can come up and tell you that

3 you can make a difference. You know about redwood trees.

4 I hope you know about redwood trees. I hope you

5 understand there is no scientifically valid way to

6 mitigate permanent damage to ancient forests. I mean

7 it's just absurd.

8 But, you know, we come up because we care and it's

9 very important to us. So I hope that -- I guess what can

10 come out of here is that we can come here and show you

11 that we know what you know. We understand and we care.

12 And the fact that you know that we the people, the

13 experts, students, activists, residents, I mean people

14 really, really care about this issue and about this

15 forest and about these species.

16 Hopefully, if you understand that and you

17 understand how informed we are that maybe your conscience

18 will get the better of you and you'll do your jobs. I

19 don't mean to be disrespectful, but this is just a very

20 frustrating process.

21 My heart is with these people here who feel, I

22 mean they feel like coming up here and speaking is a

23 waste of time. And I feel that way, too, but I hope I'm

24 wrong and I hope you prove me wrong. Thank you very

25 much.

 

 

 

66

1 (Applause.)

2 HEARING OFFICER ORTEGA: Thank you. Harriet Bly

3 will be followed by Donald Taylor.

4 MS. BLY: My last is spelled B-l-y.

5 Corporate America runs the government. Case in

6 point is Herwitz, you know, bought the redwood with

7 illegal junk bonds. He still owns them. The bottom line

8 is money. I know it, you know it, the audience knows it.

9 I am currently a second year student getting my

10 master's degree in social work, and I am submerged for

11 the last two years in information on how the government

12 doesn't care about the homeless, the sick, the poor. Why

13 would I think that they are going to care about a tree?

14 You know, but a tree has a dollar amount. So what

15 you're all going to do -- I know it, you know, they know

16 it -- is that you will rewrite the HCP plan in order to

17 take, you know, if by some miracle you should actually

18 save those 7200 acres, you'll rewrite it and you'll

19 justify taking the last of them. We all know this.

20 And with my knowledge in social work and my

21 passion for the environment, trust me when I tell you as

22 a species we're screwed. Okay? I keep hoping there's

23 another Earth I can go to because this is getting so

24 hopeless, and us as an environmentalists, I read an

25 article that said we're scared. We are so scared because

 

 

 

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1 you people won't listen, but I have to keep trying. I

2 can't give up. For my son's sake, I will not give up.

3 But in the end when mother Earth has had enough, and she

4 will, it will not be because God willed it. It will be

5 because of greed and because plans like the HCP. Thank

6 you.

7 (Applause.)

8 HEARING OFFICER ORTEGA: Donald Taylor to be

9 followed by Phillip Guddemi.

10 MR. TAYLOR: Taylor, T-a-y-l-o-r. I am a small

11 businessman involved with the lumber industry.

12 Specifically, our three-person company sells lower grade

13 lumber to other small companies which process this

14 material into pallets, crates and packaging. In turn,

15 these products are used to store and ship a huge variety

16 of food and goods throughout our country and the world.

17 I am also a consumer of wood product, wood and

18 paper products in my home and business. I cannot imagine

19 my lifestyle without these vital and wonderful

20 commodities, nor can I imagine the world without the use

21 of these renewable resources.

22 I am also an outdoorsman and hiker. I have walked

23 in many of the redwood forests and treasure the emotional

24 and spiritual experience provided by them. I cannot

25 imagine a world without forests and wilderness.

 

 

 

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1 When I evaluate a situation like the Headwaters

2 acquisition and related agreements with Pacific Lumber

3 Company, all of the above mentioned influences and

4 motivations come into play for me. The whole situation

5 is a complex one, requiring tradeoffs and balancing.

6 As I understand the agreement reached between

7 governmental agencies, environmental interests and

8 Pacific Lumber Company, I happen to favor its adoption.

9 This includes the Habitat Conservation Plan and the

10 Sustained Yield Plan which will allow Palco to operate

11 under a consistent set of guidelines.

12 I have heard a lot of impassioned talk to today,

13 especially about generations here and to come. And as I

14 see what is going on and I look at my children and my

15 hoped for grandchildren, to me there is no better product

16 than wood. It is intimately involved in the lives and

17 lifestyles of everybody in the world. If we don't let

18 trees be cut in the best growing areas in the world,

19 where is it going to come from? It's going to come from

20 third world countries which can be terribly devastated

21 and exploited.

22 So I hope that a process like this can lead to the

23 type of compromise that will teach our generation and

24 future generations how to do it. We do need the product,

25 we do need the forest and the wilderness. Let's come to

 

 

 

69

1 some sort of working arrangement where everything can be

2 utilized and still maintained. Thank you.

3 (Applause.)

4 HEARING OFFICER ORTEGA: Phillip Guddemi to be

5 followed by Michael Passoff.

6 MR. GUDDEMI: Okay. My name is Phillip Guddemi.

7 That's spelled G-u-d-d-e-m-i.

8 I got my Ph.D. in anthropology from the University

9 of Michigan back in 1992, and I would like to mention a

10 phrase that was first written by the man who was my major

11 adviser there, Ray Rappaport, who worked for many years

12 with the National Academy of Sciences and was also

13 president at one time of the American Anthropological

14 Association. And he for many years studied in New Guinea

15 and elsewhere the adaptation of people to their

16 environment, many different types of peoples. His phrase

17 that he wrote is that "Knowledge can never replace

18 respect in human dealings with natural systems, with

19 ecological systems." Knowledge can never replace

20 respect.

21 So the question that occurred to me is whether

22 this Habitat Conservation Plan, whether it really was

23 serving either knowledge or respect.

24 My concern, and I'm sort of pessimistic about the

25 way this plan is put together, especially what's called

 

 

 

70

1 the no surprises aspect, because it seems to me that when

2 you have that type of plan where the ignorance of the

3 system as it is now is written into the actions 50 years

4 or however long into the future, that what you are doing

5 is creating a vested interest in ignorance, and I include

6 scientific ignorance in this.

7 That is, you don't know the full state of the

8 system as it is now. You don't know watershed by

9 watershed what really the optimum distance if there is to

10 be any cutting from a stream you should have. You don't

11 know what the real endangered species are. Because of

12 the partly political process, several species haven't had

13 a chance to be studied or put into the endangered species

14 categories, state and federal, and you don't know the

15 current conditions on the ground.

16 Someone mentioned that there is an allegation that

17 Bear Creek is substantially different now on the ground

18 than it is in the plan, but what counts for the plan is

19 what's written on paper, not what is on the ground.

20 So are we now putting ourselves in a situation

21 where any further information, including scientific

22 information, is irrelevant and therefore won't be done?

23 What is the payoff? You have then created a blind

24 process which has no feedback from the actual situation

25 as someone may find it or study it in the future. So

 

 

 

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1 will it even be studied. That is my concern.

2 So it would be my concern that this type of

3 process would serve neither knowledge nor respect of an

4 ecological system. Instead, it would serve one cultural

5 viewpoint that we have, one cultural idea that we have in

6 this culture, which is the concept that a deal is a deal.

7 But can we manage complex ecosystems which we know

8 incompletely, which we do not have the full knowledge of?

9 Can we manage them according to the principle of a deal

10 is a deal even into the future when we might know

11 something more? And so that's my concern.

12 HEARING OFFICER ORTEGA: Thank you, sir.

13 (Applause.)

14 HEARING OFFICER ORTEGA: Michael Passoff to be

15 followed by Jennifer Schneider.

16 MR. PASSOFF: My name is Michael Passoff,

17 P-a-s-s-o-f-f.

18 I'm a Ph.D. candidate in the Department of Forest

19 Science, and when I read through the Habitat Conservation

20 Plan, maybe it's because I'm not a Ph.D. yet and still a

21 candidate, but I didn't see the conservation in the plan.

22 As far as I'm concerned, the HCP seems to stand for the

23 Headwaters Clear-cut Plan.

24 It's going to cut 85 percent of Headwaters forest.

25 It's going to cut over 90 percent of Pacific Lumber's

 

 

 

72

1 forest lands. And so I'm not sure where the conservation

2 comes in or where the recovery is supposed to happen.

3 I mean many people have already brought up today

4 different facts about buffer zones for coho. FEMAT

5 standards are between 170 to 300 feet of recommended.

6 Pacific Lumber suggests 30, you know, and the political

7 compromise on that leaves us a hundred for the next five

8 years and no more than 170.

9 So you also have no data whatsoever on over 20

10 species, or virtually no data, that are also going to be

11 included or affected by this plan.

12 This is all beside the whole point of the criminal

13 code that people brought up. I like that one so much I

14 just want to read a provision in the Code of Federal

15 Regulations CFR 13.21(b)(1) forbids the issuance of an

16 incidental take permit to an entity that has received a

17 criminal or civil penalty for the same type of behavior.

18 I mean you have almost 300 violations in the last three

19 years, violations up to this day and still there has been

20 nothing done about them.

21 So, first of all, I want you to reject this plan

22 because I final it grossly insufficient as far as the

23 scientific data. I also think this should be rejected

24 because I think the agencies have failed to oversee this

25 company. As criminal as the corporation has been, the

 

 

 

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1 agencies are almost dealing in criminal behavior as well.

2 And I think, you know, there is a lot at stake

3 here, and I hope that you guys will listen to the science

4 and not the politics and call for -- we would like to see

5 an independent review by scientists because the HCP

6 process, the government does not seem capable of

7 reviewing it properly, the Pacific Lumber scientists,

8 it's almost tobacco science, it's self-serving and they

9 take information and they regurgitate that in a way that,

10 or mislead the public with it in a way that's going to

11 justify clear-cutting most of Headwaters forest and most

12 of Pacific Lumber's land.

13 So for those reasons, I'd like to see you reject

14 that. Also, I hope you guys are enjoying this day as

15 much as I am. It's been nice to hear people's opinions.

16 It's nice to finally meet some of you since I've written

17 to all of you and E-mailed you and faxed you and called

18 your offices.

19 But that's another thing I hope you keep in mind.

20 I mean your names are out there. Michael Spear. How

21 many times have we sent off postcards to you or given out

22 your name. Bill Hogarth, thank you for getting NMFS

23 actually going a couple months ago, and tell CDF to do

24 their job. I appreciate that. I think everyone here

25 appreciates that. I think we need more of that.

 

 

 

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1 But your names are out there and you're going to

2 be connected to this. And if another couple of decades

3 there is the review of this like there is tobacco

4 industry right now, it's all going to be coming back to

5 you. So, please. You're the guardians of the public

6 trust. You're the ones we're counting on. Please do

7 your job. Let scientists rule, not politics. Thanks.

8 (Applause.)

9 HEARING OFFICER ORTEGA: Jennifer Schneider will

10 be followed by Sally Bell.

11 MS. SCHNEIDER: Jennifer Schneider,

12 S-c-h-n-e-i-d-e-r.

13 (Moment of silence)

14 I'm a member of the Earth and I'm here on behalf

15 of the animals and the plants and minerals and the nine

16 nonviolent civil disobedient protestors who were pepper

17 swabbed and sprayed last year trying to defend Headwaters

18 forest, and I don't believe that pepper spray or chemical

19 weapons or any form of torture is in our Constitution,

20 but I do believe that free speech, the right to assemble

21 and right to protest is in the Consitution or our

22 Amendments.

23 All these people that you see standing here, most

24 all of them have been in these forests and they can tell

25 you what it's like, the beauty, the destruction. All of

 

 

 

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1 them have put themselves on the front line, have risked

2 their lives, have put their bodies where their beliefs

3 are.

4 I am sick and tired of seeing trees fall. I'm

5 sick and tired of seeing forests clear-cut. I'm sick and

6 tired of seeing women get breast cancer from the toxic

7 herbicides and pesticides that are sprayed on these

8 hillsides. I'm sick and tired of seeing ecosystems and

9 watersheds destroyed. I'm sick and tired of seeing my

10 friends tortured, and I'm sick and tired that my friend

11 last month, David "Gypsy" Chain was murdered trying to

12 defend these forests, and I want to know when it's going

13 to stop.

14 Most of the people here today have told you what's

15 going on out there in Headwaters. I'm going to tell you

16 what you can do. They have given you a great gift of

17 awareness, and with that gift goes hand in hand with

18 compassion. You need to use your compassion. You need

19 to put your compassion into action.

20 You need to reject this HCP. You need to reject

21 that the multinational corporations have the right,

22 because they don't have the right, to clear-cut our

23 forests. You need to understand that compassion is

24 something you're born with and it's not just something

25 that you just let someone else act with. You need to act

 

 

 

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1 with it.

2 The deal makes stumps out of our futures and this

3 HCP makes stumps of our futures. And like Chief Seattle

4 said, Man does not leave the web of life. He's merely a

5 strand in it. What he does to the Earth he does to

6 himself.

7 (Applause.)

8 HEARING OFFICER ORTEGA: Sally Bell followed by

9 Lana Fredrickson.

10 MS. BELL: I'm Sally bell, B-e-l-l.

11 I was a teenage mother. I gave birth to my

12 daughter a couple months after my 18th birthday. And

13 with no job skills, I sought the financial help of

14 welfare, and that being an appreciated but unsustainable

15 amount of money for me to feed myself and my baby, I

16 accepted work to supplement our meager savings right here

17 in Sacramento.

18 So just right down the street from this meeting I

19 was jailed. I was jailed for welfare fraud because I

20 accepted work. I accepted that work. So I committed

21 welfare fraud.

22 In my holding cell and in the cell that I spent

23 quite an amount of time in, four out of five of us were

24 there for welfare fraud. Four of five of us mothers,

25 young mothers. One girl was there because a boyfriend

 

 

 

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1 was living with her in her home.

2 So we were criminals. And it didn't take those

3 government agencies long to track me down and to enforce

4 the laws that said that I was -- what I was doing was

5 illegal. So why has Charles Herwitz never spent a moment

6 in jail? We all know why. Because look who am I and who

7 is he. He's a powerful man. He's a powerful

8 businessman.

9 I've been in the woods exposing illegal and

10 immoral forestry practices for 13 years now, and I'm very

11 inspired to see a lot of young citizens here that I don't

12 even know. A lot of these activists I don't even know,

13 and that inspires me to know that people are going to

14 continue to be moved by their conscience and to come out

15 into the woods and to enforce the policies and try to

16 correct the policies that you all, you three and others

17 in your positions are not.

18 That's going to continue, and I'm here to promise

19 you that I'm going to continue doing that. I'm going to

20 continue to do what I have to do. We go through these

21 steps here, which I agree feels very token, absolutely.

22 Most of us probably feel, I would assume, that the HCP is

23 probably going to go through fine. So that's why we have

24 to go out, we have to go out and blockade the roads

25 because it's just not acceptable. It doesn't stop right

 

 

 

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1 here. It doesn't stop today.

2 So I'm really inspired to see that the movement is

3 continuing and it's going to continue. This child that

4 spoke earlier is very possibly going to be a 21-year-old

5 out in the woods in the future, unfortunately.

6 And so since we know that what it really gets down

7 to is money, I was thinking that maybe -- this is my

8 conclusion -- is that maybe what you all need is a raise.

9 Maybe that would help you, right? It gets down to money.

10 Seriously.

11 And so I'm going to empty my pocket here, which

12 means, I guess, me and my daughter won't have lunch

13 today. I got about, oh, looks like 78 cents here. So

14 I'm going to give you a raise. I'm the public. Thank

15 you.

16 (Applause.)

17 HEARING OFFICER ORTEGA: Lana Fredrickson, Kerry

18 McKee.

19 MS. FREDRICKSON: Hello. Fredrickson,

20 F-r-e-d-r-i-c-k-s-o-n.

21 Excuse me if I my voice trembles. I am a citizen,

22 graduate educated social worker, a lover of the

23 environment. I drove hours to get here today, and why?

24 Why? Why did I come? Why did I take off work to come

25 here? Because I care very, very, very much about this

 

 

 

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1 matter. Clear-cutting and herbiciding of irreplaceable

2 and treasured old growth and second growth redwood is

3 wrong. It is wrong.

4 Killing all the species that live therein is

5 wrong. I ask you to rise above greed. This ancient and

6 priceless area belongs to all of us and we belong to her

7 and this is a sacred connection. You cannot kill her

8 without destroying us all.

9 This plan is reprehensible and I hold it to be

10 such. I ask you to have to the courage as individuals,

11 if not as a group, to listen to the will of the people,

12 to listen to the voice of those of us who speak for the

13 sacredness and connectedness of all living things.

14 Sustainable forestry practices and nonuse of

15 herbicides can be done. As a previous speaker said, and

16 you need to know, history shows that the sentiment of

17 people catches up to the errors and wrongs of people in

18 authority. To those errors that they make. And

19 attempting to redress those wrongs often occurs, not

20 benignly faulting those who were in charge.

21 I believe this is a real possibility here. The

22 time does not support this plan. The people do not

23 support this plan. We hold this truth to be

24 self-evident. Do not violate this truth. Thank you.

25 HEARING OFFICER ORTEGA: Thank you.

 

 

 

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1 (Applause.)

2 HEARING OFFICER ORTEGA: Kerry McKee, to be

3 followed by Richard Hunt.

4 MS. McKEE: Hi, I'm Kerry. I don't really know

5 what to say right now. I'm feeling a lot of anger,

6 frustration, confusion, pain, and I don't really know

7 what I could do to express that to you folks up there to

8 let you know where I'm at with this.

9 While we sit here and talk, there are big trees

10 just falling over, just getting cut and all the erosion

11 is doing this and that to the habitat and we're just

12 going to sit here and talk about that, and I just came to

13 look into your eyes and to speak and to be a presence

14 here to say that we do know what's happening. We see it,

15 we read it, we understand it, and it's not right. And

16 please, please stop while we still have something left.

17 Thank for listening.

18 (Applause.)

19 HEARING OFFICER ORTEGA: Thank you. Richard Hunt

20 will be followed by Michael Benton.

21 MR. HUNT: Thank you for giving me the opportunity

22 here, gentlemen. I'm here to ask you to please do your

23 job and try to protect these species. I think you're

24 probably aware we're living in the sixth great age of

25 extension on this planet Earth right now. Five are in

 

 

 

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1 the fossil record and the scientists are telling us we're

2 in the sixth one right now. It's happening as we speak,

3 as the trees are falling, we're losing species faster

4 than we can count them in the forests around the world.

5 We're losing the forests not only in the Headwaters, but

6 all around the world at a very rapid rate and even the

7 Vice President has had the courage to stand up to the

8 corporations in one of his brilliant moments and say

9 there is a global warming problem.

10 And you can't, you know, separate that from the

11 endanger of these species. And I don't know if you've

12 ever gone through like even driving up I-5 around Mount

13 Shasta or up through the Headwaters area. Every time you

14 go through a little clear-cut area it's 10 15, degrees

15 warmer. You go back into the dense forest, this

16 Headwaters forest happens to hold more moisture, if I'm

17 not mistaken, than any other ecosystem on the planet.

18 So I really want you to consider that and keep the

19 Endangered Species Act strong. You've heard a lot of

20 reasons that this particular Habitat Conservation Plan is

21 woefully inadequate. The buffer zones are very poor.

22 The self-monitoring by a corporation that should have had

23 its license revoked by the California Department of

24 Forestry a long time ago just continue to this day.

25 Where the gentleman was killed was in debate whether that

 

 

 

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1 was even a legal to even be cutting because of some trade

2 deals that were made for the rights to cut that land.

3 So, I mean, that's almost a joke to have them monitoring

4 themself there.

5 The clear-cuts don't regrow. Clear-cutting, if

6 you're going to forest at all, is the wrong way to go.

7 There are some areas on the steep slopes where they've

8 tried to replant time and time again, up to five and six

9 times, and they just are not successfull but the slopes

10 are so steep, because there's not the cool temperature of

11 the deep forest to keep it that way.

12 And if I'm not mistaken, Herwitz really wants to

13 cut as fast as he can because he's in trouble trying to

14 pay off these junk bonds so Maxxam doesn't go in the hole

15 like other corporations he's owned in the past. And if

16 I'm not mistaken, the gentleman earlier pointed out that

17 you shouldn't be giving these Habitat Conservation Plans

18 to people who are possible criminals to begin with.

19 And when Herwitz, you know, cuts all he can, he's

20 not going to hang around for 50 years. He's going to be

21 moving on. And the mud slides, they'll come 10 years

22 later when the tree roots finally decay enough to let the

23 hillside come down to the stream and rivers.

24 If you drive up just as a tourist to the

25 Headwaters area now and go along the Eel River at Dyer's

 

 

 

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1 Overlook, there is just a placard there put up by the

2 state. It says that in one net they caught 4500 salmon

3 30, 40 years ago. They don't think that many came up the

4 Eel River south fork this year. There are two that they

5 found in the San Joaquin River, I believe. In the

6 Sacramento River, they're gone already.

7 The no surprises, I mean that is -- there is no

8 biology, there is no security for the future in that

9 because that was, you know, put into the law by the

10 corporations.

11 I've got on one of these T-shirts today just to

12 join people who wondered if our comments would even be

13 listened here today because of the all power and money.

14 So I'm asking you gentlemen to please have courage,

15 courage to stand up to the political people that appoint

16 you and have power over you that depend on those huge

17 campaign funds. Please stand up to Charles Herwitz and

18 Maxxam.

19 HEARING OFFICER ORTEGA: Thank you.

20 (Applause.)

21 HEARING OFFICER ORTEGA: Michael Benton, Scott

22 Overby will be followed by Ayla Wolf.

23 MR. OVERBY: Hello, I wonder in my heart who you

24 guys are, where you come from, why you think our trees

25 are money. These are our trees with all of the Earth.

 

 

 

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1 They come from the energy deep within, and you cut them

2 down and put them on a semi-truck and send them down the

3 road and what used to be a forest that rises to the sky

4 which has its roots deep down into the Earth, now lays

5 sideways on the side of the freeway, and many forests lay

6 here sideways laying dead. My brothers.

7 And then I think to myself, they must not see

8 these trees as our brothers as I do. And then I realize

9 that you don't care about our brothers either because you

10 killed Gypsy. And you're getting away with it, and

11 you're lying about it and we know it. And so did the

12 people that lived here on this Earth.

13 Many days ago here in the state in the same place

14 that you cut down trees many peoples lived. They lived

15 off the salmon that came up the creeks, came up the

16 streams and they created nets so that they can live and

17 they can feed off these people.

18 What would the Indians live on now, our natives?

19 They have nothing to live on because all the streams are

20 polluted, all the trees are cut down. They clear-cut.

21 What used to be a forest is now a grasslands. They write

22 in history books and they tell in the geography books and

23 they tell what type of terrain is there on the land, and

24 you're going to have to go back and change what used to

25 be a redwood forest into grasslands, into a Sahara which

 

 

 

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1 is all around this land.

2 And I wonder, you know, do you go to sleep

3 thinking it's all right? Because it surely ain't. The

4 elders, our elders as peoples that lived on this Earth

5 before the white man came, he prophesied this day when

6 people were destroying the Earth would up come a Rainbow

7 Nation, and here we are, a tribe of all nations to stop

8 you. And It's not I who will stop you. It is my mother

9 Earth and she'll throw a volcano. And I wonder what

10 she'll do then.

11 I wonder if you know in Japan that they buy air in

12 the bars because they can't breathe air. They have to go

13 somewhere into a bar where they can get it pure from a

14 can, and I wonder if you know that that same can is a

15 tree that produces oxygen and you're cutting it down, and

16 I wonder what you're going to breathe when that day

17 comes.

18 I love you guys and I forgive you. I have a

19 present for you. I carry this around because it helps me

20 move. And it's very stuck. But here it is. It's made

21 of bone. Let me tell everybody what it says. Here on

22 the back it says it's a home of inner magical working and

23 spiritual motivation, and that's what I wish upon, that

24 your spirit moves and it learns and understands that

25 life, life is precious and it's not money and it can't be

 

 

 

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1 torn down. And you can't take our brothers and you can't

2 pepper spray us, the people that fight for our trees.

3 I am in fact a redwood tree, and when you cut me

4 down many years ago I was born again here a human to

5 fight you. The more redwood trees you cut down, the more

6 people like me can come back.

7 HEARING OFFICER ORTEGA: All right. Thank you,

8 sir.

9 (Applause.)

10 HEARING OFFICER ORTEGA: Ayla Wolf will be

11 followed by Paula Swanson.

12 MS. WOLF: My name is Alay Wolf, W-o-l-f. I am

13 17. It's taken me all my life to have this chance, the

14 first chance I've ever had to tell you who you are. How

15 long will you deny yourselves? How long till you are not

16 blind? How long till you will let our trees grow and our

17 marbled murrelet fly?

18 We have come to rally for the death of my brother

19 from our life, for we all are one and the same. If you

20 cut down our trees, you destroy your breath. Pacific

21 Lumber with their money and greed won't stand up in the

22 end to justice. So give the lumberjack man a chance to

23 let him fix what he has turned to a mess. Raise up hemp.

24 Raise up truth.

25 Please don't who you are. No compromise. It's

 

 

 

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1 the same protest as before. In the '60's Earth children

2 begged you peacefully. Now in the present time, people

3 are starting to finally see. Now we're raging with love

4 to give care to what's God's.

5 Do away with take permits for who holds these

6 endangered lives in their possession to give that greedy

7 rapers may take them? What's with no surprise? The

8 incivility of plans such as this grant Pacific Lumber to

9 take lives of species not previously stated in a plan

10 arranged to destroy.

11 No HCP. No deal. I have come to you with bare

12 feet from the Earth and sorrow in my heart, raging with

13 love, begging you to simply open your eyes and see that

14 honest people, we are honest people and we do take a

15 rebel stand and will not sit by silently as our family

16 suffers brutality while defending what gives them breath

17 and at the same time the lumberjack does his job, feeling

18 justified because they are uninformed of the underhanded

19 fashion in which their corporation manipulates this plan

20 in order to gain quickly that's which they call profit.

21 I want to see how they are profiting when they are

22 killing themself. Now is the time and, Jah willing, no

23 compromise, no compromise. Earth first.

24 (Applause.)

25 HEARING OFFICER ORTEGA: Paula Swanson to be

 

 

 

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1 followed by Isadora Sicking.

2 MS. SWANSON: Hello. My name is Paula Swanson,

3 S-w-a-n-s-o-n.

4 I qualify myself to speak today because I love

5 this Earth and I know I am nothing if I do not speak and

6 act to save the last of these tall trees. The number one

7 worldwide concern today is the environment. That there

8 is still opposition to the deal being made over the

9 remaining redwood forest must not be ignored. We must

10 trust the bold citizens who find it important to give of

11 their time, to bear hardship, to risk their lives for the

12 conviction that it's wrong to log the remaining redwood

13 forests of the Earth.

14 We must listen to those who know firsthand the

15 grandeur of ancient forests. There is no mistaking that

16 a ring of redwoods is called a cathedral. There is no

17 mistaking that these tallest trees on the Earth are named

18 Sequoia simpervirens, Latin for always living.

19 It is a matter of where we draw the line of

20 respect for ourselves and for the living planet. We must

21 observe and acknowledge the consequences of the

22 disturbance and destruction we have wrought upon the

23 natural Earth. What we have allowed to happen is

24 outrageous and irreversible. The forest has been

25 violated, the laws have been violated and citizens have

 

 

 

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1 been violated. It is folly to think an ancient forest

2 can be replaced.

3 I implore you to stand true to yourselves and the

4 citizens of today and tomorrow and to do everything in

5 your power to protect and preserve our remaining

6 redwoods, one of the greatest forests on Earth. I ask

7 you to deny this HCP and to search for solutions not yet

8 considered that are amenable to all of life.

9 HEARING OFFICER ORTEGA: Thank you.

10 (Applause.)

11 HEARING OFFICER ORTEGA: Isadora Sicking will be

12 followed by Ed Runnen Bear.

13 MS. SICKING: Hi there. I was just wondering if

14 you've seen this picture. Have you seen this picture?

15 Can I show it to you? This picture is a picture of the

16 redwood forest. Isn't it beautiful? It's like lovely

17 glens. You've seen the pictures like the clear-cuts,

18 what they look like, right? Oh, man. It will never look

19 like this again once they clear-cut it.

20 This is my home. I don't have like a house like

21 you do. I live in a school bus and we drive around the

22 country and we park in the forest and we go out there and

23 camp and live and that's the way I live.

24 One day I'd love to just live off the land

25 entirely and not have to go into the city to buy food or

 

 

 

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1 tarps or whatever I need to go out and get.

2 I don't know, the more you destroy these natural

3 resources, the less chance I have of following my heart

4 and my dreams, and maybe that's kind of selfish of me.

5 But maybe you don't understand like why I'd want to live

6 that way. We as a people, like human beings, we're

7 native to this Earth, too, you know, like all of us.

8 You, too. And you live in a house and I live in the

9 trees.

10 I'm not trying to tell you the way you live is

11 wrong. I'm just trying to tell you I don't live the same

12 way. If these trees get cut down, I don't have a home

13 and, I don't know, what would I do then?

14 I guess that's all I really need to say. But my

15 friend wanted to read something out of the Bible to you.

16 MR. DOG: My name is Sun Dog, and that's D-o-g.

17 I'm a nonconformist. That's why I went out of order. I

18 wanted to read this to you brothers that might understand

19 a little bit from this good book. It's Revelations

20 12:17-18.

21 We give you thanks, oh Lord, God all

22 mighty, the one who is and who was and who

23 is to come, because you have taken your

24 great power and reigned. The nations were

25 angry and your wrath has come in the time

 

 

 

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1 of the dead that they should be judged and

2 that you should reward your servants and

3 the prophets and the saints and those who

4 fear your name, small and great, and you

5 should destroy those who destroy the Earth.

6 The last line in Revelations 11:18 was, "You

7 should destroy those who destroy the Earth."

8 This isn't a warning. It's not a threat. It's a

9 guideline for life and how to live it correctly. It's to

10 love your brothers and your mother, and that's all these

11 kids here. Stop the pepper spray, and stop the

12 desecration of Mother Earth. Thank you.

13 HEARING OFFICER ORTEGA: Thank you.

14 (Applause.)

15 HEARING OFFICER ORTEGA: Ed Runnen Bear will be

16 followed by Andrea Meyer.

17 MR. BEAR: Well, they say you can't judge a book

18 by it's cover. So I'm going to call this book by how it

19 reads instead of how it's labeled.

20 From what I understand, this habitat destruction

21 plan has been rubber-stamped and approved, bought and

22 paid for pretty much before it ever hit the drawing

23 board, which is why most of us here are standing with our

24 backs to this abomination that you call a meeting.

25 There is a lot of greasy palms involved in this,

 

 

 

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1 more than just Herwitz. I met a man in the Freshwater

2 district recently where a local person name Nate is

3 sitting in a tree. This man said he drove up the hill he

4 saw spray paint on the residual old growth on his back

5 yard basically.

6 He called the president of PL, John Campbell,

7 asked him what he could do about this. He said, well,

8 you could buy these trees. The guy was a

9 multimillionaire. He said, No problem. I'll buy all the

10 trees. Give me a net value.

11 John Campbell never called him back. He called

12 his office every day asking what to do about buying these

13 trees. He never got through to John Campbell. He was

14 basically stonewalled, wasn't able to buy these trees.

15 He drove up the hill one day, all the trees were cut.

16 Obviously, somebody's palm wasn't going to get greased on

17 the bottom levels or the upper levels, whatever it may

18 be.

19 The fact of the matter is, is this supply and

20 demand is just self-destruction. If they can create the

21 illusion that there is not enough trees, there is not

22 enough food or not enough this or not enough that, then

23 they can oppress us and control us by scarcity.

24 This has to stop or we're all going to die.

25 That's just the fact of the matter. And I came from an

 

 

 

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1 industrial family. My dad was a steel mill worker on the

2 East Coast. Michael Milken's transactions was a direct

3 result of that industry failing and falling. My dad was

4 working double shifts. He went to work one day, there

5 was a lock on the gates. Everybody lost their jobs

6 overnight. They had no notice.

7 The people out here know what's up. They know

8 they're going to lose their jobs in the future, but the

9 industry isn't big enough for them to walk out on strike

10 or to stand up. That's why we have to do it. That's why

11 we have to come out in the forest and stand up for them.

12 Well, those palms don't have just grease on them

13 any more, now they have blood. They have Judy Berry's

14 blood, they have David "Gypsy" Chain's blood. There was

15 a little boy last year, his name was Forrest. He used to

16 be five years old. He died 24 hours after drinking out

17 of a stream in Willits.

18 This is just a small amount of the blood. There

19 is a lot of blood that's been shed, and these people will

20 be held accountable. They need to hold themselves

21 accountable right now, right here and do what's right for

22 the sake of us all.

23 HEARING OFFICER ORTEGA: Thank you, sir.

24 (Applause.)

25 HEARING OFFICER ORTEGA: Our final speaker for

 

 

 

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1 this session will be the next party, Andrea Meyer. We

2 will have another session of this hearing this evening

3 commencing at 6:00 o'clock, but for practical reasons, we

4 have to have of a break between this session and the

5 next. This will be our final speaker for this session.

6 Andrea Meyer.

7 MS. MEYER: Hello. I just wanted to say and

8 remind people that Headwaters forest will not be saved by

9 this HCP, but isolated groves in a sea of clear-cuts.

10 All marbled murrelets, spotted owls and coho salmon will

11 not rush to these reservations, but die where they stand,

12 much like David "Gypsy" Chain, my friend and comrade.

13 This HCP is a loophole in the integrity and

14 purpose of the Endangered Species Act. It is a license

15 to kill not only the above mentioned species, but 36

16 others through the destruction of their habitat.

17 I'm a Humboldt County resident. I have seen PL

18 land firsthand. I have seen Bell Creek, a Class I

19 fish-bearing creek, go dry under the intensity of the sun

20 when the canopy was removed. I have seen trees felled

21 and left to rot. I have driven down 101 with PL property

22 as my landscape and not seen one old growth tree outside

23 state parks.

24 I have seen hillsides fall on steep and unstable

25 slopes upon homes. Might I remind you of Stafford. I've

 

 

 

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1 seen communities rise up in protest, Mattole and

2 Freshwater, who have no affiliation at all with Earth

3 First, sit in trees, locked down, get shot at for their

4 actions.

5 I have seen loggers put down their axe in defiance

6 and join the environmental movement after witnessing and

7 partaking firsthand in these wastes that PL logging

8 practices bring. I'm not a scientist, but I have eyes

9 and I have legs and I know the difference between walking

10 through a forest and a tree farm.

11 No HCP. No deal. And if you actually ask the

12 people what to do with a half a billion dollars Pete

13 Wilson is paying Herwitz to kill our endangered species

14 with, it would go towards rehabilitation of the ruined

15 ecosystems and watersheds of Humboldt County. Thank you.

16 HEARING OFFICER ORTEGA: Thank you.

17 (Applause.)

18 MS. REMMENGA: Would you please let me speak? I

19 was after her. I was the last name on the list when I

20 got here.

21 HEARING OFFICER ORTEGA: What was that again? I

22 don't think I understand you.

23 MS. REMMENGA: Would you please let me just say

24 something because my name was after hers and it was at

25 the bottom of the list.

 

 

 

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1 HEARING OFFICER ORTEGA: Will it take more than

2 two minutes?

3 MS. REMMENGA: Three? I'll be quick.

4 HEARING OFFICER ORTEGA: Make it quick. Go ahead,

5 please. your name.

6 MS. REMMENGA: My name is Julia Remmenga. My last

7 name is spelled R-e-m-m-e-n-g-a. And there are basically

8 four things I just want to mention, Herwitz, streams,

9 carbon dioxide and habitat.

10 Charles Herwitz and Palco, they have submitted

11 this plan on the concept that it never hurts to ask.

12 They are going to see if you'll approve something that is

13 nothing and because they are not going to save any life

14 that they don't have to. The way they operate is that

15 they'll violate laws, they'll violate agreements and then

16 if they get caught, well, they'll see what they get, but

17 it's worth to it to try.

18 Regardeing streams, you have to have buffer zones

19 along tributaries that feed into larger streams. If you

20 choke the streams with silt, there is no way they can

21 support life. If the streams aren't bearing life right

22 now, it's not because they never did, it's not because

23 they can't. Okay? There has to be shade or there is not

24 going to be any fish there. We need fish. They are part

25 of the food chain. We depend on fish. They give us

 

 

 

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1 life.

2 Carbon dioxide, I'm sure you know, contributes to

3 global warming. Global warming contributes to climate

4 change. Climate change contributes to alteration of food

5 chains, and we're a part of that.

6 The Exploratorium had this display where you

7 stopped the photosynthesis on a leaf, and they had a grid

8 showing the C02 level in the chamber, and the rise was

9 almost vertical. It was like 86-degree angle. And then

10 you restore the light. Photosynthesis restarts at the

11 same rate and the C02 level drops so slowly. It takes so

12 long to bring C02 levels down once you remove a source of

13 photosynthesis.

14 These trees are old, they are dense they have a

15 lot of leaf matter. So if we restored them with old,

16 dense, highly respiring trees, it would take a long time

17 for the CO level to go back down. And nobody is going to

18 be replanting old, dense, 2,000-year-old trees. They are

19 going to replace them with saplings, and they are going

20 to cut them every 50 years. And that's not a forest.

21 That's a tree farm.

22 And he doesn't have to mow an old forest to have a

23 tree farm. He can go to Sonoma County, and I'm sure

24 people would like to see their soil stay on the ground

25 and not in the ditch, and he can have tree farms there.

 

 

 

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1 Habitat. You can't save habitat in patches. You

2 have to have continuity of the habitat. The reason why

3 there's all this habitat there now is because it was

4 semi-sustainably logged in the recent past. The Fish and

5 Wildlife Services' own web page says that the reason why

6 spotted owls are found in second growth forests is

7 because there is a lot of canopy, and Charles Herwitz

8 wants to get rid of all the canopy fast.

9 We need species diversity, we need genetic

10 diversity, we can't create biological islands. Okay. So

11 please reject this.

12 HEARING OFFICER ORTEGA: Thank you very much.

13 (Applause.)

14 HEARING OFFICER ORTEGA: Ladies and gentlemen, as

15 I indicated earlier, we will adjourn the public hearing

16 at this moment. We will be back on record again this

17 evening at 6:00 o'clock. Same time.

18 (Whereupon the hearing was recessed at 4:00 p.m.)

19

20

21

22

23

24

25

 

 

 

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1 --oOo--

2 RESUMPTION OF PROCEEDINGS

3 --oOo--

4 HEARING OFFICER ORTEGA: Ladies and gentlemen, if

5 you would please take your seats, we will proceed to

6 proceed with the second session.

7 All right. We are on the record now. Good

8 evening, ladies and gentlemen. Welcome to this public

9 hearing. This is the second session of the public

10 hearing held here in Sacramento this date.

11 The U. S. Fish and Wildlife Service, the National

12 Marine Fisheries Service, the California State Department

13 of Forestry and Fire Protection and the California

14 Department of Fish and Game are conducting a joint

15 process for the taking of comments on an Environmental

16 Impact Statement/Environmental Impact Report for the

17 Headwaters Forest Acquisition and the Pacific Lumber

18 Company's Habitat Conservation Plan and Sustained Yield

19 Plan.

20 My name is Lotario D. Ortega. I am an attorney

21 retired from the United States Department of the

22 Interior's Office of the Solicitor. I will be serving as

23 the presiding official for this hearing.

24 Here with me are the following representatives of

25 the agencies involved. On the table to my right in the

 

 

 

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1 middle is Mr. Mike Spear, manager of the

2 California-Nevada operations office, United States Fish

3 and Wildlife Service, here in Sacramento. On the far

4 right is Mr. Ross Johnson, deputy director of the

5 California Department of Forestry and Fire Protection,

6 and to my right closest to me is Vicki Campbell, who is

7 the private forest lands team leader and HCP coordinator,

8 National Marine Fisheries Service.

9 You will find information in the table outside in

10 the lobby or foyer with written materials about the

11 proposed action and documents that are going to be

12 discussed in this public hearing.

13 At this point let me introduce to you first

14 Mr. Mike Spear of the United States Fish and Wildlife

15 Service who will make an introductory statement, and

16 following that will be an introductory statement by the

17 representative of the California Department of Forestry

18 and Fire Protection. Mr. Spear.

19 MR. SPEAR: Good evening. I'm Mike Spear of the

20 Fish and Wildlife Service and my office is here in

21 Sacramento.

22 The Federal Endangered Species Act has established

23 protections for species listed as threatened and

24 endangered and provides for authorization of certain

25 impacts where such impacts comply with criteria

 

 

 

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1 established by the act.

2 The most fundamental protection provided by the

3 act is the prohibition against take of species listed

4 under the act. Take includes actions that would kill,

5 harass or harm listed species. Incidental take is

6 defined as take that is, quote, "incidental to and not

7 the purpose of the carrying out of an otherwise lawful

8 activity," unquote.

9 When incidental take may result from the actions

10 of state or local governments, corporations or private

11 individuals, Section 10 of the Endangered Species Act

12 directs the secretaries of the Department of Interior and

13 the Department of Commerce to issue permits for

14 incidental take when certain conditions are met by the

15 applicant.

16 Those conditions are described in detail in the

17 act. Most importantly, the applicant must submit a

18 Habitat Conservation Plan, or HCP. Among other things,

19 the HCP must describe the impact of the taking and the

20 steps the applicant will take to minimize and mitigate

21 such impacts.

22 The standards for the agency's evaluation of the

23 HCP are also described in the act. Most importantly, the

24 agencies must find that the taking will not appreciably

25 reduce the likelihood of survival and recovery of the

 

 

 

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1 species in the wild.

2 If the statutory conditions are met, the

3 incidental take permit will be issued by the Fish and

4 Wildlife Service and the National Marine Fisheries

5 Service.

6 Pacific Lumber Company has prepared an HCP and

7 submitted an application for an incidental take permit

8 for several species. Also, the United States Congress

9 and the California Legislature have approved

10 appropriations for acquisition of portions of Pacific

11 Lumber's property if the HCP is approved.

12 Because the issuance of an incidental take permit

13 is a federal action, the process is subject to review

14 under the National Environmental Policy Act, or NEPA.

15 The State of California is also undertaking environmental

16 review under the California Environmental Quality Act, or

17 CEQA. Therefore, the state and federal agencies have

18 entered into an agreement to prepare a single

19 environmental document called a joint EIR/EIS.

20 Impacts considered under NEPA and CEQA are not

21 limited to the impacts on listed species but include all

22 impacts of the action affecting the human environment.

23 In addition to evaluation of the effects of

24 implementation of the HCP, the joint EIR/EIS will cover

25 the impacts of the proposed acquisition.

 

 

 

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1 This public meeting is conducted as part of the

2 public comment period on the EIR/EIS. The public comment

3 period will close on November 16th, 1998. Because the

4 appropriations include a deadline of March 1, 1999, for

5 completion of the entire process, the public comment

6 period will not be extended November 16th.

7 On behalf of the Fish and Wildlife Service and

8 National Marine Fisheries Service, I thank you for the

9 effort you have made to attend this meeting and also

10 thank you in advance for your comments.

11 Now, we'll hear some introductory words from Ross

12 Johnson of the California Department of Forestry and Fire

13 Protection, representative of the State of California.

14 MR. JOHNSON: Good evening. I'm Ross Johnson,

15 deputy director for Department of Forestry and Fire

16 Protection here in Sacramento.

17 The department is the state lead agency under the

18 California Environmental Quality Act, or CEQA, for this

19 project. The department will use the Environmental

20 Impact Report, or EIR, to evaluate the environmental

21 impact of the Sustained Yield Plan submitted by Pacific

22 Lumber Company. The department will use the EIR to

23 identified potentially significant adverse impacts and

24 determine whether the Sustained Yield Plan needs to be

25 modified with alternatives or feasible mitigation

 

 

 

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1 measures to avoid or mitigate these impacts.

2 This EIR is a joint document with the Federal

3 Environmental Impact Statement, or EIS. Sustained Yield

4 Plans, or SYP's, are one of the mechanisms that

5 timberland owners can use to meet the state's requirement

6 for maintaining maximum sustained production of high

7 quality timber products while giving consideration to

8 values such as, among other things, as watershed,

9 fisheries and wildlife.

10 SYP's must include projections of timber growth

11 and harvesting over a hundred year planning horizon, a

12 fish and wildlife assessment and a watershed assessment.

13 Subsequent timber harvesting plans may rely on the

14 approved SYP to the extent that issues are addressed in

15 it.

16 Following approval, the SYP is in force for a

17 period of no more than 10 years. The department does not

18 usually prepare an EIR for Sustained Yield Plans and

19 usually uses its CEQA functional equivalency under the

20 Forest Practice Act. However, in this case it was judged

21 to be more efficient to prepare an EIR as a joint

22 document with the federal EIS. I'm glad to see you here

23 and look forward to your testimony.

24 HEARING OFFICER ORTEGA: Thank you, gentlemen.

25 Public comment on these documents will be accepted until

 

 

 

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1 November 16, 1998. After review and consideration of

2 your comments and all other information gathered during

3 the comment period, the agencies will prepare an

4 Environmental Impact Statement and Environmental Impact

5 Report.

6 The purpose of this hearing is to receive your

7 oral comments on these proposals. The information you

8 offer on all aspects of these proposals is very important

9 and will be carefully considered. Because of the

10 importance of your comments, it is necessary that we

11 follow certain procedure here this evening. If you want

12 to present comments at the hearing, we ask that you

13 register at the table in the outer lobby. When you

14 register, please indicate any organization that you

15 represent. When you are called to present your comments,

16 please come forward to one of the two microphones in the

17 front. Please begin your presentation by stating your

18 full name and spell it for the accuracy of the record,

19 and then indicate what organization you represent, if

20 any.

21 In order that we can accept the maximum number of

22 comments into the record, I will call two names at the

23 same time. In other words, the speaker that is called

24 first will come forward and the one who is to follow will

25 be on notice that to be prepared.

 

 

 

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1 Because of the number of people who wish to

2 comment and the limited time that we have available, we

3 are going to request and ask that you limit your

4 presentation to four minutes. I have a timer here. You

5 will hear a beep or beeper when your time is up.

6 Now, this is an informal hearing. Therefore, you

7 will not be questioned or cross-examined in connection

8 with your comments. Also, because of the time limitation

9 it is not possible to answer your questions here.

10 Official responses to any issues raised during the

11 comment period will be stated in the final Environmental

12 Impact Statement/Environmental Impact Report.

13 Your statements are being recorded by a certified

14 court reporter to accurately preserve them for the

15 record. Please keep in mind the reporter will not record

16 any statements from the audience or which are made to the

17 audience. Comments must be made into the microphone at

18 the front here.

19 In order to allow as many people as possible to

20 speak within the time frame allowed, it is quite

21 important that everyone maintain an atmosphere of

22 courtesy and respect for each speaker. We will not allow

23 applause, argument, cheering or any other disruptions

24 from the audience. We wish to maintain a fair, neutral

25 atmosphere in order to record all comments into the

 

 

 

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1 record.

2 Now, instead of presenting oral comments here this

3 evening or in addition to any oral comments you may have,

4 you may also submit comments in writing. Written

5 comments may be submitted today to the staff at the

6 registration table or they may be mailed. Please mail

7 them to Mr. Bruce Halstead, U. S. Fish and Wildlife

8 Service, 1125 16th Street, Room 209, Arcata, California

9 the zip is 95521-5582. That address is available at the

10 registration table.

11 Written comments, again I wish to emphasize, will

12 be accepted until November 16th, 1998. And please bear

13 in mind, the written comments will be given the same

14 consideration as any oral comments presented here today.

15 At this point we'll proceed with the speakers.

16 Please come forward to the microphone and again state

17 your name and spell it for the record.

18 First Gary Bailey to be followed by George Little.

19 MR. BAILEY: Good evening. I'm Gary Bailey,

20 G-a-r-y B-a-i-l-e-y. I live in Sunnyvale, California.

21 I'm an engineering manager for an electronics company in

22 San Jose, and I don't represent any group. I'm here

23 because I'm very concerned about the salmon and other

24 wildlife in the Headwaters area as a result of the effect

25 of this proposed Habitat Conservation Plan.

 

 

 

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1 I did a little research and learned what I'm sure

2 those of you at the table know. There are existing some

3 existing Habitat Conservation Plans already in place

4 which should be used as models for Headwaters and other

5 plans to come. For example, as you know, I'm sure, the

6 Natural Communities Conservation Plan in the San Diego

7 area which sets aside large segments of connected

8 habitats in the multi-species apporach and also the gnat

9 catcher Habitat Conservation Plan in Orange County is

10 another example which it preserves large amounts of

11 critical habitat owned by the Irvine Corporation in

12 exchange for development rights in other areas and, if I

13 understand correctly, this is without financial

14 compensation. This is, if I understand correctly, to

15 comply with the law.

16 These existing plans establish and reinforce clear

17 principles that a Habitat Conservation Plan should have

18 the overriding purpose of species preservation and

19 restoration and moving listed species in the direction of

20 delisting.

21 Sadly, it doesn't appear to me that the proposed

22 plan for Headwaters accomplishes this species

23 preservation and restoration. These existing plans also

24 reinforce the principle that areas which are not

25 prevented from development must be managed so that

 

 

 

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1 endangered species are protected. With or without

2 compensation. And I believe this is required by law and

3 certainly it's required by our obligation to future

4 generations of mankind. Sadly, it doesn't appear to me

5 that the proposed plan accomplishes this.

6 A Habitat Conservation Plan must be based on real

7 scientific evidence and evaluations of what is needed for

8 species preservation and recovery. And it doesn't take a

9 scientist, though, to know that if you conduct logging

10 operations near a stream that before long you'll have

11 silt burying the spawning gravel that the salmon have to

12 have to spawn and so the species can survive, or if you

13 have clear-cutting on slopes nearby because of the

14 erosion. It doesn't appear to me that the proposed plan

15 prevents this kind of destruction to the salmon spawning

16 grounds.

17 The Habitat Conservation Plan also must be

18 flexible enough to allow adjustments over time for

19 changing conditions, but sadly it doesn't appear to me

20 that the proposed plan allows that flexibility.

21 And when we're dealing with a company whose

22 management has repeatedly violated codes and regulations,

23 it's imperative that planned mitigations must be

24 implemented before the associated logging is allowed to

25 proceed. Otherwise, the mitigation will never take

 

 

 

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1 place.

2 Thank you for listening.

3 HEARING OFFICER ORTEGA: Thank you, sir.

4 (Applause.)

5 HEARING OFFICER ORTEGA: George Little will be

6 followed by Francis Dahl.

7 MR. LITTLE: Mr. Ortega, members of the Fish and

8 Wildlife and Forestry Board, ladies and gentlemen, I am

9 George Little, L-i-t-t-l-e. I'm with Union Planing Mill

10 in Stockton, California.

11 Speaking for the 60-plus employees of Union

12 Planing Mill, I am here tonight on behalf of Pacific

13 Lumber and all producers of forest products in the

14 Pacific Northwest to urge you and the State of California

15 to approve the Sustained Yield and Habitat Conservation

16 Plans.

17 My family has been involved in the lumber business

18 for over 75 years and the company was founded in 1891,

19 making it 107 years old. Through the years we have

20 engaged in many conversations with timber producers

21 regarding their products and practices. My son is a

22 graduate of California State University at Humboldt with

23 a degree of forestry and currently is employed by a

24 California-based forest products company. We have had

25 many, many talks regarding the pros and cons of forestry

 

 

 

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1 and its practices.

2 When he was a young man first beginning, he had

3 very strong environmental leanings against forestry, and

4 as he matured, he began to see where as a forester he

5 could influence his company or any company that he would

6 work for to practice more responsible forestry practices.

7 And I asked him how he compromised the situation

8 and he explained to me and he said, Dad, sometimes you

9 have to go in because that's the way the company wants it

10 done to make a clear-cut. Other places I have a chance

11 to practice my philosophy of forestry. I go out in the

12 forest and I mark trees the way that I think is a benefit

13 for my company, but mainly a benefit for the forest. And

14 I know the Palco's lumber forestry people probably have

15 much the same feelings.

16 My family, our employees and their families rely

17 on steady and sustainable supply of lumber and related

18 forest products. Our customers both in California and

19 nationally rely on us to provide products that are based

20 on forest generated items. Pacific Lumber's proposed

21 HCP/SYP, when approved, will force our industry to

22 rethink their efforts involving habitat conservation and

23 timber harvest plans and sustained yields.

24 I'm not a professional scientist, and I'm not a

25 professional speaker. Rather, a businessman who cares

 

 

 

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1 about his family, his employees, their families and the

2 forest. The forest which provides for all of us.

3 Who is us? Why, it's me, it's you, it's

4 California, America and the world. My grandfather and my

5 dad passed down to me the knowledge that if you take care

6 of the forest, it will take care of you. The forest is a

7 bank from which you may make withdrawals. However, if

8 you do not make deposits, your bank is no longer open for

9 business. Pacific Lumber's plans guaranteed continued

10 deposit to that forestry account. Thank you very much

11 for listening.

12 HEARING OFFICER ORTEGA: Thank you, sir.

13 Francis Dahl will be followed by Greta

14 Hendrickson.

15 MS. DAHL: Excuse me. I'm Francis Dahl and I'm

16 not going to speak.

17 HEARING OFFICER ORTEGA: Thank you. Greta

18 Hendrickson will be followed by Kent Stromsnoe.

19 MS. HENDRICKSON: In the last century, the North

20 American buffalo, which numbered about 32 million, were

21 slaughtered to near extinction. Only about 500 were

22 left. These animals were shot and stripped of their

23 skins and their carcasses left to rot. The same

24 mentality of greed, arrogance and short-sightedness has

25 claimed all but three to four percent of the ancient

 

 

 

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1 redwood ecosystem as well, ecosystems that support a

2 myriad of plant and animal life, life that cannot exist

3 anywhere else, life that needs far more than a small

4 stand of tree.

5 The proposed deal for Headwaters forest calls for

6 only about nine to ten thousand acres to be protected.

7 This is totally inadequate to preserve species dependent

8 upon the old growth ecosystems.

9 The Habitat Conservation Plan that Pacific Lumber

10 Corporation has submitted is a plan that would allow for

11 the destruction of endangered species and their habitat

12 for 50 years. How is it that a corporation that has

13 violated the California forestry practices law so many

14 times and has shown such contempt for people's lives and

15 property -- and I reference this in regard to the seven

16 homes wiped out by mud slides in Stafford. It's just a

17 miracle that nobody died. How can they even be

18 considered responsible enough to be allowed to go ahead

19 with a good HCP, let alone the destructive one that they

20 have submitted.

21 Who are we to wipe out other life forms and, as we

22 do so, do not even understand the consequences of our

23 actions. We need a biological solution, not a political

24 solution. We need a solution grounded in science. We

25 must care about the intrinsic value of nature to exist as

 

 

 

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1 it is. We need to look at our connection with it and the

2 fact that we cannot thrive or survive ourselves without a

3 healthy, viable ecosystem. What kind of world will we

4 leave to our children, grandchildren and future

5 generations?

6 (Applause.)

7 HEARING OFFICER ORTEGA: Kent Stromsnoe to be

8 followed by Sue Cipolla.

9 MR. STROMSNOE: Kent Stromsnoe, K-e-n-t

10 S-t-r-o-m-s-n-o-e.

11 A variety of concerns tonight and I'm going to try

12 to get into an area that I don't usually get into. In

13 anticipating the human effects of this HCP, there does

14 not seem to be any evaluation of the very real

15 possibility that this HCP as it stands will leave a

16 continuing and ongoing civil disruption in Humboldt

17 County without any real means of mitigating it.

18 Another real concern of the HCP is a phenomenon

19 that we see in which the regulated public sees in its

20 interests the usefulness of donating considerable sums of

21 money to political campaigns which inevitably develops

22 into affinities between politicians, elected officials

23 and those regulated public which can translate downwards

24 into the agencies to where you find a situation where you

25 have long-time career bureaucrats who know what their

 

 

 

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1 job, who know what their responsibilities are, but find

2 themselves caught in the trap of knowing what they should

3 be doing, knowing that in their hearts and finding that

4 the instructions come down from on high that they are not

5 to do that, even when their agencies are being approached

6 by other agencies, indeed admonished by other agencies

7 for failing to do their duty.

8 You have someone whose entire career is tied up in

9 getting to where they are, maybe not that terribly many

10 years from retirement and finding that when they need to

11 take an action against the regulated public that they are

12 incapable of doing so because it costs them their career,

13 and I see no provision in the EIS/EIR to evaluate that

14 effect. It's anticipatable, it's real, it happens all

15 the time. It will happen throughout the life of this HCP

16 in all likelihood, yet I see no provision, alternate

17 provision in the EIS/EIR for enforcement of the terms of

18 this HCP when those anticipatable effects occur.

19 And that seems to be a very failing of this

20 EIS/EIR, that it does not deal with the issue of what

21 happens when the agencies that are supposed to regulate

22 and enforce this EIS/EIR cannot for the various reasons

23 of pressure coming down from above.

24 Thank you.

25 HEARING OFFICER ORTEGA: Thank you, sir.

 

 

 

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1 (Applause.)

2 HEARING OFFICER ORTEGA: Sue Cipolla to be

3 followed by Terri Compost.

4 MS. CIPOLLA: My name is Sue Cipolla, S-u-e

5 C-i-p-o-l-l-a.

6 A little perspective on what's going on here. If

7 anybody has read the book called "This Land Is Your

8 Land," and the author escapes me now, you would see that

9 East Coast to West Coast when we had a frontier has been

10 systematically destroyed and the agencies such as

11 yourselves represented here today have systematically

12 kept their eyes shut or were in concert in that

13 destruction.

14 The bottom line here is we don't have a frontier

15 any more. What we have now is all we have. No

16 incidental take of species. In 1892, I believe that was

17 the year, the Supreme Court said all wildlife is to be

18 held in trust for all citizens. That means no take of

19 wildlife, in my interpretation.

20 So we want to play little games now of incidental

21 takes of species who will never be around once they're

22 gone. If they are listed, there is something wrong here.

23 If they are listed or threatened, that means they're on

24 their way out. No incidental take of those species or

25 their habitat destruction.

 

 

 

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1 Like I said before, we have no more frontier.

2 This is it, folks. I am not inherently against industry.

3 However, industry that has repeatedly violated the law,

4 violated ethics really should not be trusted to watch

5 themselves and submit their own environmental impact

6 reports. My God, that stands to reason.

7 Industry is in business for profit only. Profit

8 is not inherently bad, but many times greed takes over

9 and we cannot trust them to do the right thing without

10 some kind of safeguards for the species and for the

11 environment.

12 I'm not totally for the destruction of jobs in

13 that area, but however in my case and a lots of people's

14 cases, I have retrained three times in my life and I'm in

15 the process of retraining for my fourth career. Those

16 people involved in logging and mill operations can

17 retrain also. All right? And that's all I have to say.

18 Thank you very much.

19 (Applause.)

20 HEARING OFFICER ORTEGA: Terri Compost will be

21 followed by Ron Deluce.

22 MS. COMPOST: Hi, I'm Terri Compost, and I want to

23 speak about the passion of why so many people speak up,

24 thousands and thousands of people have come forward about

25 Headwaters forest, and I believe that is because we know

 

 

 

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1 in our heart what is left and how precious it is and how

2 irreplaceable it is and how little we know about what it

3 is that is being destroyed, and now we have this little

4 section left and people know in their hearts all across

5 this country how important this is forever, forever.

6 And so now we're being asked, you know, and we

7 come together and there has been movement to try to

8 preserve part of it, but now we're being tossed a side

9 thing, a little, a little, the HCP, the Habitat

10 Conservation Plan, which is almost poetic double-speak

11 because it's asking you to approve the destruction of

12 that very habitat that we know is so important to

13 maintain.

14 And I have to, you know, we have to look, what

15 level of corruption can allow us to give permission to a

16 company, to Charles Herwitz, who I've heard has earned

17 over 200 percent profit on his investment in that area.

18 I mean this is not somebody that is suffering for

19 business use.

20 I mean we are trying to find a place, we are

21 trying to find a way to protect it. Now is not the time

22 to allow a company that has consistently violated rules,

23 as we all know, to go in and kill in another area, you

24 know, just down the street. Well, okay, you know that's

25 not acceptable.

 

 

 

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1 We need to preserve that whole area. It is so

2 vital. We don't even understand it all, you know. We

3 can't let the species disappear, the salmon and the

4 spotted owl. They need to be a part of what that whole

5 forest is. We can't neglect it. We can't allow the

6 corruption of basically one man, one corporation go over

7 what thousands and thousands of people know in our heart

8 must go on for more and more and more generations really,

9 really, really. Thank you.

10 (Applause.)

11 HEARING OFFICER ORTEGA: Ron Deluce will be

12 followed by Susan Wilcox.

13 MR. DELUCE: Hi, my name is Ron Deluce, spelled

14 R-o-n Deluce, D-e-l-u-c-e. And I appreciate being here.

15 I know this is a good function for people to be able to

16 vent their steam at their government.

17 Anyway, just a little history which will be

18 relevant here shortly. I was raised in southern Oregon

19 in Medord. It's a mill town, Boise Cascade Forest

20 Products Corporation. I even worked at Boise Cascade and

21 helped make plywood. And I'm really appalled at how the

22 trees are being cut and species around the globe are

23 being killed, carbon dioxide is going up and the people

24 that are running this world are asleep at the wheel. You

25 guys are way fucked up. You guys are just asleep. You

 

 

 

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1 need to wake up because it's your children on the line

2 just like ours.

3 And the people here, the Earth Firsters are out

4 here in the forest, they're the freedom fighters of our

5 day, not you fat cats sitting behind, stealing our money.

6 We live in a kleptocracy and you represent it, rule by

7 thieves, kleptocracy, and that's what we have here.

8 And I do have some experience with kleptocracy. I

9 was helping lobby when this state was ratifying this and

10 P&L's lobbyist was around paying off everybody and that

11 was really pissed me, the results that we're seeing right

12 now because this is just a hearing to kind of vent spleen

13 and Herwitz is going to get along and take our 1.6

14 billion dollars that he's ripped off from us from S&L's

15 that Janet Reno won't even file a fucking charge.

16 Anyway, that's really my just bottom line on that.

17 Headwaters, I have a procedural issue about these

18 hearings. It's basically this afternoon I made up some

19 signs of a political nature and I brought them here to

20 the hearing so that I could bring them in, and, anyway,

21 as I walked in, Officer Bassett and Officer Wimple of the

22 Sacramento Police Department said I couldn't bring the

23 signs in, and they said you, Lotario Ortega, the

24 facilitator here, did not allow signs.

25 I grew up in a law enforcement household. My a

 

 

 

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1 mom's probation officer, and I'm not here to cause

2 problems with the police because, you know, they're just

3 here doing their job just like all of us do when we do

4 our job. So I'm not here to fight them and my signs are

5 still out there.

6 I should read them so we get them in the record.

7 Jail Herwitz. Habitat Conservation Plan, which I put

8 Habitat Collapse Plan. Kleptocracy, rule by thieves. No

9 more tax theft by Maxxam. Like clean water? Stop HCP.

10 Boycott Home Depot, because they lie, too, just like a

11 lot of corporate America does, which you represent.

12 Anyway, no signs, and as a lawyer, you should know

13 a little bit about law. The first law of the land is the

14 right of free speech shall not be abridged.

15 HEARING OFFICER ORTEGA: Can you please conclude?

16 MR. DELUCE: Yes, sir. Anyway, as a lawyer, I

17 think you should be aware of that. I think when you

18 don't allow signs that's called prior restraint on the

19 First Amendment. So not only do we have kleptocracy in

20 the forest, we have violations of First Amendment. These

21 hearings should have to be redone because you've already

22 messed them up. You're stopping the chance for people to

23 vent their spleen. What harm do signs do? Officer

24 Bassett said it might be used as a weapon but my visual

25 basic study book isn't.

 

 

 

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1 HEARING OFFICER ORTEGA: Thank you, sir.

2 MR. DELUCE: And I do respect the police.

3 In conclusion, I think you should be disbarred for

4 not following law. So kiss my ass, butthole.

5 (Applause.)

6 HEARING OFFICER ORTEGA: Next speaker will be

7 Susan Wilcox to be followed by Richard Mills.

8 MS. WILCOX: Hello. My name is Susan Wilcox.

9 It's spelled W-i-l-c-o-x.

10 I want to tell you who I am with reference to the

11 redwoods. In the mid-1850's my grandfather's

12 grandparents came out from Illinois and Ohio to live and

13 work in the redwood country. My grandfather was born in

14 Scotia. My son and my daughter -- my two sons and my

15 daughter are the seventh generation in my family since my

16 family came to Humboldt and Mendocino County.

17 I can only imagine what they saw when they came

18 here back in the 1800's. It's certainly nothing like

19 what exists there now.

20 I have a letter to read you which I wrote to

21 Mr. Bruce Halstead of the U. S. Fish and Wildlife

22 Service.

23 Thank you for the opportunity to comment on the

24 Draft Habitat Conservation Plan prepared for Pacific

25 Lumber and its subsidiaries in contemplation of public

 

 

 

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1 acquisition of Headwaters forest and adjacent lands.

2 I followed with great interest the development of

3 an agreement to preserve a portion of the old growth

4 redwood ecosystem still in private hands. I fervently

5 hope that the American public and its representatives

6 will accomplish the preservation of a vibrant, healthy

7 forest and not just a sterile relic of that magnificent

8 wilderness that graced the Pacific Coast for eons.

9 Assembly Bill 1986 recently passed by California

10 State Legislature included several provisions in the

11 final HCP intended to strengthen protections for

12 threatened or endangered species. While this is a

13 laudable goal, I was unable to ascertain a sound

14 biological premise for the specific provisions. It

15 appears instead that the Legislature is giving equal

16 weight to the least conservative biological opinion and

17 to PL's interest in maximizing its timber harvesting

18 operations.

19 Environmental documents presented to lead federal

20 agencies by applicants for permits and/or funding

21 invariably contain the minimal provisions for sensitive

22 environmental resources required by the National

23 Environmental Policy Act and other laws and policies. If

24 a recommendation for a streamside buffer of 170 to 600

25 feet represents a consensus of biologists for Class I

 

 

 

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1 watercourses, I have no doubt that the smaller number

2 would be the minimum necessary buffer, and this is in an

3 optimal situation. This is not an area surrounded by

4 clear-cuts.

5 Surely the size of a minimally effective buffer

6 zone varies with terrain, density of vegetation and other

7 conditions and should be reasonably assessed for each

8 stream in question rather than limited through

9 ill-conceived averaging and capping.

10 The minimal environmental conditions for

11 sustaining plant and animal life are not negotiable,

12 however well-intentioned the negotiators may be. A

13 compromise of a species' requisite conditions for

14 survival may slow down the process of extinction, but a

15 slow death is still a death.

16 There is a bit more here, but I think I'll leave

17 off the rest of the letter and just tell you that my

18 whole family is involved in the preservation of the

19 Headwaters forest. My son is living in the woods right

20 now. My son was one of several people who were a few

21 feet away from David Nathan Chain when he passed away.

22 We're very serious about our concern for the

23 forest. We're very serious about our obligation to the

24 Earth and to protect a viable ecosystem wherever we can.

25 It's time to stop, slow down and think and do the right

 

 

 

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1 thing. Thank you.

2 HEARING OFFICER ORTEGA: Thank you.

3 (Applause.)

4 HEARING OFFICER ORTEGA: Richard Mills will be

5 followed by Jamie Jones.

6 MR. MILLS: I'm Richard Mills. That's spelled M

7 as in Mary i-l-l-s. I'm a professional engineering, but

8 I'm not here speaking as a professional with expertise in

9 forestry or in biology or ecology. I'm here as a

10 citizen, but not as a citizen of the United States, but

11 as a citizen of humanity of the planet, because what we

12 are talking about here is a forest, a gift from God to

13 all of us, not just to Pacific Lumber or to Charles

14 Herwitz, but to all of the public, to all of the people,

15 indeed, to all of the creatures that depend on that

16 forest.

17 We also have been given a gift from God of wisdom,

18 however deficient it seems to be at times, and with that

19 wisdom we should be managing this forest with all of the

20 attributes that it has, not only for harvesting lumber at

21 times, yes, harvesting the fish, but also to provide

22 space so that we can wander through it, to wander in its

23 beauty, that we can meditate, but I'm not seeing this

24 wisdom reflected in the Habitat Conservation Plan or in

25 the Sustained Yield Plan.

 

 

 

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1 I have to admit that I have not read the plan when

2 the web site said it took two megabytes of memory to

3 download it. I don't have two megabytes of memory to

4 spare, nor the time to delve through it. So I'm having

5 to rely upon people whom I trust to come to the

6 conclusion that, as I say, the plan does not seem to be

7 living up to the names of habitat conservation or

8 sustained yield.

9 Habitat conservation, in my mind, and I think in

10 the public's mind when we read press reports, should mean

11 the preservation of not only the endangered species or

12 the owl and the murrelet or the coho salmon, but of the

13 rare species, the common species, preservation of the

14 complex ecological network, the web that makes up a

15 vibrant forest, not a unidimensional tree farm. A

16 sustained yield should be sustaining not just for 50

17 years, 120 years, but for 500 years, a thousand years,

18 10,000 years.

19 These do not seem to be the definitions that are

20 reflected in the plan. The "Sacramento Bee" reports that

21 the plan has ignored the advice of government scientists

22 and is weighing in on the side of Pacific Lumber.

23 I've seen a photograph of a 45-degree slope that

24 was clear-cut, and I'm not even saying that that's the

25 steepest slope. As an engineer, I know enough about the

 

 

 

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1 coastal range which is geologically very fragile.

2 Pacific Lumber even recognizes this when they excuse the

3 demolition of homeowners from their clear-cuts saying

4 homeowners should just expect this.

5 The 45-degree slope completely denude of any

6 trees, of any vegetation, completely ripped up, exposed

7 to the full impact of the rain drops, the first driving

8 force for the erosion with nothing to restrain the flow

9 as it comes down, cutting through the land, bringing more

10 sediment with it. The only thing to stop it is, what, a

11 30-foot buffer? I mean how many tons of sediment do we

12 expect 30 feet to absorb. Even 100 feet, 150 feet.

13 HEARING OFFICER ORTEGA: Would you please briefly

14 summarize and conclude?

15 MR. MILLS: There was deal done by the politicians

16 in which we agreed as the public to provide 495 million

17 dollars for not only the purchase of the 8,000 or

18 whatever acres, but also for a scientifically based

19 conservation plan and sustained plan. We are paying for

20 that. Pacific Lumber may prepare that plan, but that is

21 our plan and when you folks approve it, it is your plan

22 as well.

23 HEARING OFFICER ORTEGA: Thank you, sir.

24 (Applause.)

25 HEARING OFFICER ORTEGA: Jamie Jones to be

 

 

 

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1 followed by Cougar Black Paw.

2 MS. JONES: My name is Jamie Jones, J-o-n-e-s, and

3 I am here because this is also a passion of mine and I

4 have heard several people speak of passion, and it is

5 important. It is maybe the most important. And I'm here

6 as a mother, which I feel is my most important

7 distinction.

8 Headwaters forest represents to me everything that

9 is wrong and broken in our government. I looked up

10 oligarchy and tell me that we do not live in an

11 oligarchy. It is about corporate greed, and we all know

12 this. One billion dollars will be spent in this election

13 that's coming here now. I certainly couldn't run for an

14 office.

15 There are so many issues here, so many people have

16 spoke to the science. I am very educated about this

17 issue. I have researched it. I'm just not, you know,

18 oh, cool, peace, love, hug a tree. That's fine with me.

19 I love that.

20 I have come to support Earth First and I will

21 continue to do so with money, with letters. I'm one of

22 those people that have faxed, written, marched. I

23 have been -- this is my second hearing. I will continue

24 to do this for our children who I have given

25 presentations at school and these children are very

 

 

 

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1 bright. It is perhaps the most ecologically aware

2 generation ever to come. They know what acid rain, they

3 know why you should recycle, they know our oceans are

4 polluted. They know this stuff. Any 10-year-old can

5 tell you that without a scientific degree.

6 We grew up in illusion that there was infinite

7 resources, and our children are growing up in a much

8 different world and they are very much aware of these

9 categories.

10 Some of the papers spin the story that David Chain

11 shouldn't have been there. Well, obviously, nobody

12 remembers our history, because any cause of social

13 justice in our history, you name one, the women's

14 movement, the labor movement, any social justice civil

15 rights history you find out what people have done and the

16 torture.

17 I know the police, they aren't all bad, but

18 Amnesty International has now put out a book about police

19 abuse in America, not a Third World country. Putting

20 pepper spray in nonviolent young people's eyes is

21 torture.

22 I wrote a poem that I'd like to read when I heard

23 about David Chain and I want you to know that the chain

24 will not be broken, no matter what you do or say, because

25 we will not stop coming, writing, faxing, calling. We

 

 

 

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1 know the country we live in and we know what talks in

2 this country, and it's called lots and lots of money.

3 My mother's heart weeps for David Chain, but I am

4 comforted in knowing that there is a special place in

5 heaven for one who lays down their life for justice. All

6 religions tell us this, and my mother's heart validates

7 it. We have lost others in this war. Their light was

8 bright and rippled out large like spirit does. This

9 chain will not be broken. My mother's heart testifies to

10 this truth.

11 You may -- I wrote this to Charles Herwitz.

12 You may be surprised to know that I pray for your

13 soul. Where is your heart? My mother's heart feels even

14 for you in your lack of understanding of simple truths.

15 I do not cast blame on the logger. It belongs to you and

16 Pacific Lumber for the blatant disregard for truth and

17 justice.

18 Consciousness is a slow dance in this decade for

19 some. Headwaters evolution has taken millions of years.

20 I hear Mother Earth's weeping heart. When will you?

21 You must have children. I beg you, ask the

22 children. They will tell you. I wish I had a dollar for

23 everyone who didn't even know what Headwaters was and I'd

24 give it to Earth First because there are lots and lots of

25 people. And when I tell them, not one of them has said

 

 

 

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1 to me that it is okay what is going on.

2 HEARING OFFICER ORTEGA: Thank you very much.

3 (Applause.)

4 HEARING OFFICER ORTEGA: Cougar Black Paw to be

5 followed by Ayla Wolf.

6 MR. BLACK PAW: Greetings, ladies and gentlemen.

7 My name is Cougar Black Paw. I'm an ambassador,

8 representative, messenger of the Earth tribes of Mother

9 Earth, other known as Rainbow Family, the Living Light.

10 I am here in response to call from a sister that

11 was there when David Gypsy Chain died. She called and

12 she let all our families know in North America of his

13 death.

14 In response of his death, in memory of his death,

15 our family has awakened, because in one death 10 sprouts

16 have risen. I am here to remind you gentlemen and

17 women -- I don't know how to say it right in the

18 professional way -- but I was in the military. I was in

19 the Gulf War. I used to be a very obedient person just

20 like police officers that are very obedient here and

21 doing their job. I used to be one of these people that

22 did things under orders. I used to be a person that

23 believed in the system.

24 Ever since I swore to that Constitution of freedom

25 and what is right and what I've seen since after the Gulf

 

 

 

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1 War in my path and what I've seen in native America, what

2 I've seen in our corporations, I don't know any more.

3 I am here to bring awareness, not hate, awareness,

4 awareness of the love and the unity within the younger

5 general. Of the X generation, which stands for Malcolm

6 X, of freedom and truth. I'm here to bring awareness to

7 you gentlemen of an older generation that if this HCP is

8 approved, all I can advise is to my brothers in uniform

9 to not be violent to nonviolent people.

10 We will stand strong in the thousands. We will

11 come and occupy Mother Earth and protect her as we do in

12 the national forest during Rainbow gatherings, the one

13 and only standing place of the First Amendment in which

14 the government has not been able to stop the last 30

15 years.

16 We are here in memory of David "Gypsy" Chain. In

17 the thousands representing from musicians to artists to

18 film makers, we will continue on and your names will be

19 remembered as it was in '89 when the walls fell in the

20 East, in the eastern block that I used to think were my

21 enemies which are my family and my brothers and sisters

22 now.

23 I love you and I hope you in the suits will think

24 of your children and will think of your grandchildren as

25 I do for my child who is only one-year-old. I hope you

 

 

 

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1 will think of the generations to come and think of

2 something beautiful that you could have helped create

3 like a beautiful new national forest in that area and

4 been a part of something, hopefully will be a part of

5 something, but if you create this and allow this HCP to

6 come through, I hope that you will not look back five

7 years later and see the thousands and the reports and the

8 people that have died because of your decision here and

9 now in the moment.

10 So, please, when you return home tonight, in the

11 these weeks, in this coming year, how long this ever

12 process takes in the bureaucratic world, please think

13 from your heart, think with the love of your God, think

14 of the children of the future. In the memory of David

15 "Gypsy" Chain, one love.

16 HEARING OFFICER ORTEGA: Thank you.

17 (Applause.)

18 HEARING OFFICER ORTEGA: Ayla Wolf will be

19 followed by Scott Overby.

20 MS. WOLF: We are all one and the same. I want to

21 apologize to Mr. Ortega for what the brother man said

22 earlier were some harsh words. It was simply the balance

23 of all the emotions that we fully feel coming through us.

24 What the trees would wish to say is that they we

25 love you. They stand the strongest, they stand the

 

 

 

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1 truest and in the end, when they fall, they are the ones

2 that have conquered. When you cut down my trees, you cut

3 down me. When you cut down my trees, you cut down

4 yourself.

5 There is not much more I can say. If you're not

6 already convinced, it saddens me to say that I doubt that

7 you will be. The truth has been spoken in many words,

8 big and small, and in the silence of the great redwoods

9 and the animals and all the other trees and the brother

10 Gypsy and all the brothers and sisters of mine that have

11 been tortured. It has been spoken, and the truth has

12 been heard and the truth is don't deny yourselves. You

13 can't deny yourselves. No matter how hard you try, you

14 can't. No matter how much you don't listen, how much you

15 don't see, how little you say to stand up for the truth,

16 the truth is still the truth. And in the end, the truth

17 will still be the truth and love will still be love.

18 Whether there's trees or not. The time is now. The day

19 is now. Say what you mean, mean what you say. Lift the

20 day, then let it go. But I tell you, brothers and

21 sisters, that if you don't abide by this, surely you can

22 feel what words cannot bring.

23 I made a vow to Jah-Jah that I would try to speak

24 only words that would uplift my brothers and sisters, and

25 today I want to uplift you with what I have seen and I

 

 

 

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1 have seen that Maxxam is destroying my home. If I lived

2 in a structure in a city and someone destroyed my home, I

3 could seek justice for this. Somehow I don't see why now

4 seeking justice I find that there is no justice except

5 for the divine will of that which is and I can only

6 depend on you truly seeing who you are to save my home.

7 I hope I have made myself clear.

8 HEARING OFFICER ORTEGA: Thank you very much.

9 (Applause.)

10 HEARING OFFICER ORTEGA: Scott Overby followed by

11 John Darian Walkstrom.

12 MR. OVERBY: I don't even want to speak words of

13 death of the ancient redwood trees and the Douglas firs

14 and other trees and animals that die and our brother

15 Gypsy that died. I want to talk about the life of hemp

16 and how that can replace what you use redwood trees for.

17 Every product you make with wood can be made with hemp.

18 Brother man said that his company had been alive

19 for 170 years and before that there was a hemp company

20 and they wrote our Constituion on it. And Jesus' shoes

21 were made of it. That was the first product that we ever

22 made in agriculture.

23 It's time for us to go back, because our

24 grandmother's back.

25 (Singing)

 

 

 

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1 Say my grandmother's back, she been pressed to the

2 ground by the oppressor man who bring her down, down

3 down. Oppressor man, see what you doing, oppressor man,

4 see what you ruin. Oppressor man, here what I saying,

5 oppressor man, be changing your ways now. Her body is

6 not a commodity. Her body is not a commodity, not a

7 prodouct to be bought or sold, not to be mined for oil

8 and gold. She's not a product to be bought nor sold, not

9 to be mined for oil and gold. No. She give what she got

10 to give, she gives so that we can live. She makes the

11 world alive. Without her we don't survive. So wake up.

12 Na-na-na-na-na. I say wake up, people, and hear the

13 call. I say wake up children, one and all. This is

14 disposable society we're living in today, this disposable

15 society is going to throw itself away. It's going to

16 throw itself away. Don't throw us all away. Say please.

17 HEARING OFFICER ORTEGA: Thank you.

18 (Applause.)

19 HEARING OFFICER ORTEGA: John Darian Walkstrom

20 followed by Christian Brownrigg.

21 MR. WALKSTROM: I go by my middle name. It's

22 Darian, and my last name is Walkstrom, and it won't be

23 forever.

24 I appreciate your time and I'm very concerned. I

25 don't know that there is much more that I can say that my

 

 

 

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1 brothers and sisters have not said already. But I can

2 tell you one thing. If you poison the Earth, if you

3 poison the air, if you poison the trees, you poison

4 yourself because you poison the water and you are water.

5 If you take away the trees that hold the ground firm, the

6 land will slide away and it will be no more.

7 I pray every day to the one mighty Jah that I will

8 live to see another because I am disgusted. I am

9 disgusted with myself being a human, being a creature of

10 this planet and not finding some way to redeem what my

11 forefathers have already done.

12 In the name of peace on Earth, in the name of the

13 Rainbow Tribe, in the name of the warriors of the family

14 of Living Light, I beg of you, I beg of you, reconsider

15 your plans many times. I always do, and I can only speak

16 for myself, because -- I can only speak for myself

17 because that's the only truth that I know and I'm guided

18 directly and I love you all. Peace.

19 HEARING OFFICER ORTEGA: Thank you.

20 (Applause.)

21 HEARING OFFICER ORTEGA: Christian Brownrigg will

22 be followed by Dave Casebeer.

23 MS. BROWNRIGG. My name is Christian Brownrigg,

24 C-h-r-i-s-t-i-a-n B-r-o-w-n-r-i-g-g.

25 I'm here tonight because I'm concerned about the

 

 

 

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1 world I'm inheriting. From what I understand, HCP's are

2 supposed to protect the health of the land for which they

3 are designed. Yet this plan allows for clear-cutting, it

4 allows for the take of 300 endangered birds among many

5 other things, and it has such gaps in logic as allowing

6 the trees to be cut that contain nests just because it

7 isn't nesting season. It also fails to account for all

8 of the unlisted species that are nonetheless rare and

9 equally sensitive.

10 For 50 years Maxxam will not have to take into

11 account any new information, and this I find to be one of

12 the most frightening parts of a potential Habitat

13 Conservation Plan. It's as if I were to sign up for a

14 health insurance company that wouldn't allow its doctors

15 to have access to new research. It wouldn't be in the

16 best interest of my health, and I don't think that this

17 plan is in the best interest of any aspects of the life

18 in Headwaters.

19 In our culture, science is given a great emphasis

20 and I find it appalling that in a case like this when

21 it's needed it's not taken into account. When federal

22 scientists say that stream buffers need to be at least

23 300 feet, they need to be at least 300 feet, not 30.

24 I think we also need to consider who this HCP is

25 being issued to. Now, the Code of Federal Regulations

 

 

 

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1 forbids the issuance of an incidental take permit to any

2 entity that has criminal citation for the same type of

3 behavior that it's seeking the permit for. And given the

4 hundreds of instances that Maxxam has been convicted of

5 criminal violations of California forestry laws, issuing

6 them any incidental take permit such as those provided in

7 the HCP is violation of federal law.

8 We have already lost 96 percent of our ancient

9 redwoods, or thereabouts, and we should not leave the

10 rest in the hands of a company that has already

11 demonstrated that they cannot or will not be responsible

12 for the land and has shown a utter lack of conscience

13 regarding the species that it harms. We need to take

14 better care of the land than this.

15 In a recent article in the "Sacramento Bee" they

16 called my generation the most optimistic and the most

17 environmentally minded. I would like to say as one of

18 the youngest speakers here that this total disregard for

19 the Earth is unacceptable. We will not, because we

20 understand that we cannot, sit by and let it happen.

21 Thank you

22 HEARING OFFICER ORTEGA: Thank you.

23 (Applause.)

24 HEARING OFFICER ORTEGA: Dave Casebeer will be

25 followed by Craig Michaels.

 

 

 

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1 MR. CASEBEER: Dave Casebeer, C-a-s-e-b-e-e-r.

2 I was here earlier today and I read a little

3 statement that I spent some time preparing. Now, though,

4 I'm doing something extemporaneous, so hopefully I won't

5 blow it.

6 Some people have talked about awareness today --

7 by the way, thanks again for everybody for showing up and

8 thanks to all for letting me speak.

9 I want to let you know that I stepped outside the

10 hallway earlier when, I don't remember the gentleman's

11 name, but he had a green shirt on like mine and he spoke

12 in support of the HCP. I confronted him in the hallway

13 and I asked him if he'd seen Joan Dunning's book with

14 Doug Thron's photographs. Immediately, though, he very

15 angrily looked at me and said, "Who are you with?"

16 I said, I'm with no one. I'm a citizen. I'm a

17 dad. I'm a guy who cares. I then asked again, Have you

18 seen Joan Dunning's book, have you seen Doug Thron's

19 slide show. He said no. I said, Well, maybe you ought

20 to. I said, Have you been on the land and see what you

21 claim that it was going to be sustainable and you're

22 going to be able to reforest. He said, No, and he

23 angrily walked away.

24 I suggest that all the powers that be take a look

25 at Doug Thron's slide show and read Joan Dunning's book

 

 

 

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1 before making any more decisions. I'd also like to thank

2 Mr. Ortega and Bill Hogarth, who I saw in the slide room

3 earlier, for looking at that program.

4 I met a man named Dan Bacher who I hoped would be

5 speaking tonight outside of the co-op Friday night. He

6 put this publication in my hand, and I'd like to read a

7 few statements from it. He interviewed Merle Haggard.

8 Merle said:

9 "Clear-cutting is rape. Several years I drove

10 along the coast from Coos Bay to Crescent City and the

11 destruction I saw made me sick to my stomach."

12 Haggard, a lumber millworker before launching his

13 recording career, said, quote:

14 "I fished in the stream of the north coast

15 since I came to Eureka to work in a plywood

16 mill in 1955. The problem is that many of

17 the people who work in the mills aren't

18 aware what logging companies like Pacific

19 Lumber are doing. Their management of our

20 forest resources over the past 20 years is

21 proof enough that they don't know what

22 they're doing. The people responsible for

23 this destruction, government officials and

24 timber co-owners, should be taken out of

25 their positions. These forests support the

 

 

 

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1 grandest life on Earth. To have no feeling

2 for it is criminal. Only money is being

3 heard now, not the voice of the people."

4 Bill Hogarth said the plan violated the

5 agreement's principles. Hogarth said the plan failed to

6 protect hillside slopes from activities that could cause

7 landslides as well as allowing timber harvesting in

8 riparian management zones that don't meet planning

9 standards for planting conifers along a stream.

10 Hogarth recommended that CDF immediately revoke

11 its approval of the THP. Palco began cutting trees and

12 the local restoration activists moved onto their land to

13 protest the logging. After Hogarth personally toured the

14 area, a gentleman's agreement between NMFS and Pacific

15 Lumber reached, but the company apparently reneged on its

16 agreement a few days later.

17 Over 150 locals, former Pacific Lumber employees,

18 commercial fishermen, sport anglers and community

19 activists held a rally on the Mattole River on July 25th

20 to protest Pacific Lumber's logging of valuable salmonid

21 habitat.

22 The Mattole is the birthplace of the stream

23 restoration movement in California said Craig Bell,

24 executive director of Northern California Association of

25 River Guides, president of the Salmonid Restoration

 

 

 

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1 Federation. The approval of this plan has the potential

2 of undoing 20 years of restoration work.

3 I'll wrap it up with Bill Hogarth's statement.

4 All along Pacific Lumber has been ready to log over the

5 Mattole saying it's just a few environmentalists and

6 hippies opposing the logging, he said, but the opposition

7 is broad-based. This is a sacred river to fishermen. It

8 has the purest and hardest-fighting strain of steelhead

9 in California. We're drawing the line at the Mattole.

10 We will on the Mattole fishery.

11 And I'll end with this last statement. I truly

12 believe that when we die the only way we will die in

13 peace is to know that we will leave our children and

14 grandchildren something that we feel good about. It's

15 not about the money we're getting for whatever end that

16 means. Let's put our children first. Let's put our

17 grandchildren first.

18 HEARING OFFICER ORTEGA: Thank you sir.

19 (Applause.)

20 HEARING OFFICER ORTEGA: Craig Michaels will be

21 followed by Melinda Leithold.

22 MR. MICHAELS: Good evening. My name is Craig

23 Michaels, M-i-c-h-a-e-l-s. I spoke earlier today. I

24 just wanted reiterate a few points and bring up some new

25 ones.

 

 

 

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1 Just to reiterate, the first 10 years of this

2 so-called Sustained Yield Plan will call for logging over

3 25 percent of Pacific Lumber's holdings, over 54,000

4 acres. Of these lands, more than 35,000 acres will be

5 clear-cut. Within the first four years alone, 2,580

6 acres of old growth will be cut, 2,236 acres of which

7 will be clear-cut.

8 This is not a plan that will facilitate, as

9 Mr. Johnson said earlier, this will not facilitate,

10 quote, "sustained production of high quality timber

11 products while giving consideration to environmental and

12 economic values," end quote, as required under Section 14

13 of the Code of Federal Regulations 1091.1(b).

14 I talked earlier about the stream survey data

15 being incomplete, outdated and intentionally misleading.

16 The marbled murrelets survyes are similarly inadequate,

17 to say the least. Although Pacific Lumber has surveyed

18 for murrelets every summer since 1972, the HCP admits

19 that surveys were, quote:

20 "...conducted primarily for the purpose of

21 determining whether a specific stand of old

22 growth could be cleared for harvest, not

23 conducted uniformly or with a design

24 intended to determine the distribution of

25 densely murrelet on the entire property."

 

 

 

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1 End quote.

2 As a result, much of the potential murrelet

3 habitat on the property has never been adequately

4 surveyed. The Habitat Conservation Plan estimates a take

5 of between 251 and 340 of the slightly less than 1500

6 birds assumed to nest on Pacific Lumber land. However,

7 the HCP clearly proposes to harvest more than 53 percent

8 of available habitat, most of it unsurveyed, residual,

9 old growth redwood. If occupancy rates are in fact

10 higher than those estimated by Pacific Lumber, which,

11 hmm, I wonder if they are, the rate of take could be much

12 higher. As many as 700 murrelets, or half the local

13 population, could die.

14 Interestingly enough, Pacific Lumber proposes to

15 sacrifice this habitat without doing a single additional

16 survey to determine whether murrelets nest in these areas

17 or how many birds actually will be or displaced by their

18 destruction.

19 The company also plans to log areas occupied or

20 potentially occupied by murrelets throughout the species'

21 summer breeding season, thereby increasing the chances

22 that murrelets will be directly killed by timber

23 operations.

24 There is absolutely no legal or biological

25 justification for logging areas known to be occupied by a

 

 

 

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1 critical threatened species when that species is present.

2 In fact, in order to meet the minimal legal standards

3 under the Endangered Species Act, an HCP must, quote,

4 "minimize and mitigate to the maximum extent practical,"

5 unquote, any damage to endangered species and their

6 habitat.

7 I just wanted to reiterate that Pacific Lumber has

8 been convicted of numerous criminal violations of

9 California forestry laws and has displayed a clear

10 disregard for the public trust. Their request for a take

11 permit should therefore be denied under Section 50 of the

12 Code of Federal Regulations 13.21(b)(1).

13 Just to wrap up, the company's most recent crimes

14 including clear-cutting a streamside buffer zone,

15 overlogging in a streamside buffer zone, clear-cutting

16 around northern spotted owl nest trees, and driving

17 trucks directly through a fish-bearing stream.

18 I'll just wrap it up here.

19 HEARING OFFICER ORTEGA: Thank you, but you're

20 going much too fast for the reporter to keep up with you.

21 MR. MICHAELS: I'm sorry. Well, you can read this

22 from right there. This is an ad that was in the "New

23 York Times" today. It says 99 percent of coho salmon are

24 already gone. But don't worry, federal bureaucrats are

25 taking care of the last one percent.

 

 

 

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1 HEARING OFFICER ORTEGA: Thank you.

2 MR. MICHAELS: Now, who could those federal

3 bureaucrats be and what are they doing to protect that

4 last one percent?

5 (Applause.)

6 HEARING OFFICER ORTEGA: On that note, we will

7 take a 10 minute break. Thank you. We'll be back in

8 session. We're off record.

9 (Recess taken.)

10 HEARING OFFICER ORTEGA: All right. Ladies and

11 gentlemen, we will reconvene this session of the public

12 hearing. The next speaker is Melinda Liethold, who will

13 be followed by Lorraine Webb.

14 MS. LEITHOLD: My name is Melinda Leithold,

15 spelled L-e-i-t-h-o-l-d.

16 I'm a third generation California person. I'm a

17 grandmother. My oldest grandchild is about the age of

18 some of the kids that are up in the woods now. I have a

19 Bachelor of Science degree from U. C. Berkeley. One

20 thing I remember from my anthropology was this theory of

21 diffusion of responsibility, and the theory is based on

22 some studies of people watching crime being committed

23 from apartment buildings down on the street. You may be

24 familiar with some of these studies.

25 Anyway, in this case, a murder was being watched

 

 

 

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1 and a lot of people saw it, but nobody did anything

2 because everybody sort of hoped somebody else would do

3 it. And so I'm sort of noticing that maybe we've got

4 some diffusion of responsibility going on in our country

5 now. And it's interesting that these marginalized

6 people, the hippies, are the ones who are out there

7 taking responsibility.

8 They are actually acting on their beliefs and, you

9 know, I didn't do it for a long time. I heard about

10 Redwood Summer, and I heard about these two Earth First

11 activists bombed themselves. I thought that doesn't

12 sound right. I don't think they bombed themselves. I

13 think there is something going on here.

14 And I really got, after I read more about it and

15 heard more about it, that they didn't bomb themselves.

16 They were taking responsibility. They were trying to get

17 other people to do it, to take responsibility for

18 standing in their truth. And, you know, something else

19 happened there, and it was trying to stop people from

20 taking responsibility.

21 Anyway, as far as this HCP goes, I've been up

22 there. I've stayed a little bit at the Earth First base

23 camps, mainly as a kind of elder observer. I haven't

24 been up in the woods lately, but I have hiked around in

25 the woods around the clear-cut in Stafford, and, you

 

 

 

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1 know, I know how slippy and slidy it is just to hike

2 through there and it's steep.

3 So, you know, I'm a permaculture design

4 consultant. That's one of my hats, and I'm a gardener,

5 you don't have to be brilliant to know that there is a

6 lot of destruction going on up there. When you've got a

7 35-ton caterpillar dragging trees off of hillsides, you

8 know, they make an eight-foot rut when they make these

9 cuts to get the cut down logs off and then they compact

10 the soil. You know, there is not going to be much, I

11 know from gardening you can't really garden in something

12 that's been compacted by 35 tons of pressure. That's one

13 thing I think that might be looked at in the HCP is kind

14 of logging practices that Maxxam Pacific Lumber is using.

15 If they could return to what was going on before

16 Maxxam leveraged this buyout and do the logging the way

17 Pacific Lumber Company under as the Murphy family was

18 going on, that was sustained forestry. That wasn't, you

19 know, what do you call it, liquidation logging. You

20 know, this liquidation is liquidation in more ways than

21 one. They're liquefying the hills. The liquidation is

22 coming down in mudslides and then the millions of dollars

23 are rolling out of the county.

24 I want to read a little bit from "What Is Wrong

25 With the Pacific Lumber Habitat Company Conservation

 

 

 

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1 Plan" the ones that get me. Well, there is no mention of

2 watershed rest, and as we all know as human beings,

3 everything needs rest. So recent studies indicate that

4 there is no substitute for watershed rest if salmon

5 restoration is to succeed, and they don't make any

6 mention of that in here.

7 HEARING OFFICER ORTEGA: Thank you.

8 (Applause.)

9 HEARING OFFICER ORTEGA: Lorraine Webb followed by

10 Brian Dunbar.

11 MS. WEBB: Hello. My name is Lorraine Webb,

12 W-e-b-b. I am speaking today as a representative of

13 founding board members of Yuba Watershed Institute, which

14 is a Nevada County based environmental preservation

15 coalition of approximately 1400 members.

16 YWI, in conjunction with the Bureau of Land

17 Management and Timber Framers Guild of North America have

18 created a model forest inventory assessment of the Inimim

19 Forest of the Sierra Nevada, and founding members include

20 Bob Erickson and Gary Snyder.

21 YWI reknowned silviculturists concur with commonly

22 held good science that Pacific Lumber's proposed HCP

23 would essentially bequeath itself a legal license to kill

24 endangered species, most especially with regard to the

25 obviously inadequate stream setback recommendation, and

 

 

 

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1 it is evident that the point of this document is to

2 institutionalize management of a single species tree

3 plantation.

4 In light of current FDIC charges against Charles

5 Herwitz, we hope to see this man pay and not be further

6 rewarded for his pillage. Hopefully, any restitution

7 that he may be compelled to repay to taxpayers will not

8 come too late and at the expense of this great

9 rainforest, and may include restoration of pirated

10 loggers' benefits and implementation of volunteer

11 training programs such as have been offered from other

12 industries in times of change.

13 Please do not allow him to destroy this ecosystem

14 as well as the town of Scotia. I was there when 8,000

15 people came to protest the salvage logging. Associate

16 Press reported 1200. I was there, and I can tell you

17 that it was probably between six and eight thousand

18 people.

19 And so with the intention that we may not be

20 remembered as the generation of agencies who stood by to

21 watch this irreplaceable treasure and coastal air quality

22 benefactor be pillaged and sold for fire sale prices, we

23 ask you to implement comprehensive habitat plan reform

24 and these changes and the measures by which Pacific

25 Lumber should be held accountable should be open to

 

 

 

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1 public review as the regulatory conditions that CDF that

2 has prescribed are not enforceable, its personnel is

3 inadequate to the scope of Maxxam's historically evident

4 bad faith intention.

5 And so on a personal note, since forests

6 apparently travel in dream time, that particular forest

7 has been coming into my dreams on curling fingers of

8 trailing mist for about 12 years. It won't leave me

9 alone. I'm blessed in that regard, actually. But I have

10 a few points to make of my own.

11 That this is being called a Sustained Yield Plan

12 is insulting to all that's holy. Well, I'm just going to

13 say that incidental taking, that quote that you state so

14 dryly is probably the most obscene thing I've ever heard

15 spoken of. Once this irreplaceable old growth coastal

16 redwood forest is gone it's gone. I thank you for

17 listening. I hope you've heard.

18 HEARING OFFICER ORTEGA: Thank you.

19 (Applause.)

20 HEARING OFFICER ORTEGA: Brian Dunbar to be

21 followed by Scott Schroder.

22 MR. DUNBAR: My name is Brian Dunbar, D-u-n-b-a-r.

23 I'm an electrical engineer. I drove down from Nevada

24 County also.

25 First I'd like to address the argument the

 

 

 

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1 gentleman made earlier that you should approve the plan

2 because of the economics of his business. We cannot

3 justify continuation of nonsustainable practices just so

4 some people can keep their lifestyles. If someone has

5 made their living forever pouring toxic chemicals into

6 the ground, does that mean he should be allowed to keep

7 doing it forever? And train his sons to keep doing it?

8 While I don't envy you your role here, you must be

9 under incredible pressure when so much money and

10 political capital is at stake, on the other hand, you

11 have a resource whose value cannot be calculated, a

12 resource which cannot be owned by one person or one

13 company, something we all depend upon, not just us

14 humans, but all members of the affected ecosystem.

15 Several of these members are several endangered.

16 The marbled murrelet population cannot sustain the

17 allowed 17 percent kill-off that is allowed by the plan.

18 The stream buffer zones are entirely too small to protect

19 the coho salmon. The lack of protection could actually

20 cause extinction of the local coho salmon population.

21 Also, when making your decision, you must take

22 into account the past history of the applicant. Pacific

23 Lumber has proven themselves irresponsible and incapable

24 of following responsible logging practices.

25 In summary, I'd just ask you to please reject this

 

 

 

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1 plan. You have this responsibility on your head. If

2 that is not enough to make the right decision, please

3 think of the quality of life of your children's children.

4 Thank you.

5 HEARING OFFICER ORTEGA: Thank you.

6 (Applause.)

7 HEARING OFFICER ORTEGA: Scott Schroder will be

8 followed by Paulette Cuilla.

9 MR. SCHRODER: Hi, my name is Scott Schroder.

10 It's spelled S-c-h-r-o-d-e-r.

11 I honestly believe that the question of whether or

12 not the no surprises policy has any credibility

13 whatsoever doesn't warrant any further conversation in

14 the scientific community. I think it's been thoroughly

15 established that it doesn't have any credibility.

16 Insofar as it's been codified in public law, it

17 can be implemented with or without scientific

18 credibility, but following the mandate of the national

19 environmental protection act, I believe the U. S. grants

20 it a great deal of credibility in the language it uses to

21 describe the HCP and the policy contained therein and

22 that that does not follow the mandate of the national

23 environmental protection act and that it's illegal.

24 The 50-year plan itself I don't think is

25 sustainable or not worthy or a great deal of very good

 

 

 

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1 science went into the actual, into laying the groundwork

2 of the scientific knowledge that formed the foundation of

3 the plan. I think the conclusions that were drawn from

4 it were completely foolhardy and irrelevant. Thank you.

5 HEARING OFFICER ORTEGA: Thank you.

6 (Applause.)

7 HEARING OFFICER ORTEGA: Paulette Cuilla be

8 followed by Janna Bennett.

9 MS. CUILLA: My name is Paulette Ciulla. That's

10 spelled C-u-i-l-l-a. I'm a member of the Serving the

11 Earth Committee of Noetic Sciences, and I'm here to speak

12 to you today because I'm very, very concerned about this

13 Headwaters HCP.

14 I believe that it's based on misleading

15 information. It allows for the destruction of critical

16 habitat. It will not protect threatened and endangered

17 species. As a matter of fact, it works against their

18 recovery.

19 I understand that this is the first HCP to include

20 coho salmon in California and will probably be used as

21 the model for future HCP's, and yet it allows for

22 critical destruction of the salmon habitat, and that's

23 before a recovery plan has even been established.

24 The streambed protection in this HCP must be

25 strengthened. It calls for only a 100-foot no-cut buffer

 

 

 

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1 zone, and even then it allows for some logging to be done

2 right up to the edge of the fish-bearing streams, and the

3 best science available says that it should be a minimum

4 of 300 feet up to 600 feet, and yet this HCP states that

5 under any circumstances the no-cut buffer zone shall not

6 be more than 170 feet. That's inappropriate.

7 The watershed assessment plan has not been

8 completed yet, as I understand. Biologists need to be

9 able to look at the unique conditions of each watershed

10 and determine the needs of the species in that area. If

11 we force a politically predetermined no-cut buffer zone

12 on them, then a -- well, a good scientific report is not

13 possible.

14 I also question the legality of whether we should

15 even be issuing Pacific Lumber a permit to take

16 endangered species. They have time after time after time

17 violated the California forestry laws, and they continue

18 to do so, and lack of enforcement allows them to continue

19 that process because, let's face it, they make more money

20 by doing whatever they want to do and maybe get a fine

21 and, you know, if they get caught, who knows.

22 I maintain it's illegal to issue them a permit to

23 take endangered species. This HCP is not based in

24 science, it's illegal, and the biology is based on

25 politics. You have a grave responsibility here to stand

 

 

 

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1 up to the politicians and the opportunity to bring

2 science back into this process. I hope you take that

3 responsibility seriously because our children depend on

4 it, both yours and mine.

5 HEARING OFFICER ORTEGA: Thank you very much.

6 (Applause.)

7 HEARING OFFICER ORTEGA: Janna Bennett will be

8 followed by Keith Quinn.

9 MS. BENNETT: As much I want the full 60,000 acre

10 ecosystem preserved and it should be because we the

11 taxpayers of America have already paid Charlie Herwitz

12 for it to the tune of 1.6 billion dollars, I'm here

13 tonight to urge you to not pass this piece, the HCP/SYP.

14 Approval of HCP would give the company an incidental take

15 permit allowing it to kill endangered species and destroy

16 their habitat for the next 50 years in exchange for a few

17 mitigation measures. Would we have approved incidental

18 take of dinosaurs?

19 This HCP/SYP should not be approved as written.

20 In order for endangered species in the north coast

21 community to survive and recover in the future, an

22 alternative must be pursued based on conservation of

23 ancient and residual forests, protection and restoration

24 of streams and long-term certified sustainable forestry.

25 What will their economy be based on in 50 to a

 

 

 

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1 hundred years when the natural beauty is destroyed, the

2 water polluted, the land raped by clear-cutting, the fish

3 gone? Will we visit it like we visit Pompeii?

4 The reasons that you should reject this plan, it's

5 illegal, a provision in the Code of Federal Regulations

6 forbids the issuance of an incidental take permit to

7 Pacific Lumber because they have received criminal

8 citations for the type of behavior for which the entity

9 seeks a permit. Under these situations, the issuance of

10 an incidental take permit would violate federal law.

11 Mitigation for endangered species is inadequate.

12 There is no scientifically valid way to mitigate the

13 permanent destruction of ancient forest habitat. This

14 plan would allow Pacific Lumber to liquidate over 17,000

15 acres of ancient and residual forest habitat, killing at

16 least 17 percent of the local marbled murrelet population

17 in the process.

18 The protection for coastal streams and salmon is

19 inadequate. Interim stream buffer zones are far

20 narrower, in some instances as little as 30 feet, than

21 those recommended by federal scientists, 300 feet. And

22 anybody with a brain knows that if you log within a

23 watershed, you're going to damage the water at the bottom

24 of that watershed.

25 The HCP would allow clear-cutting of over 35,000

 

 

 

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1 acres of forest land of 2,500 acres of ancient virgin

2 forest in the next four years and most of it would be

3 clear-cut.

4 The HCP fails to adequately address the

5 significant potential important landslides, and a good

6 example here is that of the town of Stafford. The HCP

7 would allow radically increased herbicide use.

8 In summary, California possesses a world class

9 jewel. We must preserve this global treasure. We must

10 act to promote sustainable practices to ensure that our

11 children and our children's children and future

12 generations' heritage is preserved. I urge you to insist

13 on a scientifically based, factual sustainable yield

14 plan. Don't be deceived by the smoke and mirrors of

15 corporate financial greed. Preserve the few remaining

16 watersheds. Have the courage to stand up to corrupt,

17 illegal, immoral and unethical business practices. Speak

18 for us, the people.

19 (Applause.)

20 HEARING OFFICER ORTEGA: Thank you. Keith Quinn

21 will be followed by Marylou Knapp.

22 MR. QUINN: Thank you. Nakoma Keith Quinn,

23 N-a-k-o-m-a K-e-i-t-h Q-u-i-n-n.

24 I spoke earlier this afternoon about an

25 acknowledgement that we are all children of the creator,

 

 

 

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1 adult, mature and wise beyond our years, all of us in

2 this room, I would say.

3 I wanted to just go over some of what I think many

4 of us within the community of humanity see as gross

5 injustices that have been going on. I heard someone

6 earlier state that Pacific Lumber has not been doing a

7 good job. I think Pacific Lumber has been doing the job,

8 that the Maxxam Corporation and the holding corporations

9 that have controlling interests within Pacific Lumber are

10 the ones who have been cheating, not only the loggers,

11 not only the environmentalists, not only our children and

12 our children's children.

13 I am not here to shut down logging. I am here to

14 offer alternatives to the old process of logging. I have

15 worked in my younger years with the California

16 Conservation Corps, California Department of Forestry as

17 a forest fire fighter and for the Lassen Hotshots as a

18 forest fire fighter. I did not know that I was saving

19 these trees so corporations could take them not only from

20 the environmentalists, but also from the loggers and all

21 of our children.

22 I know that there is a moratorium on building on

23 property owned up by Lake Tahoe, and I envision that a

24 moratorium on all old growths, no matter who retains the

25 legal title of ownership on paper, that a moratorium for

 

 

 

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1 the preservation and a sign of goodwill as a humanity

2 collectively and globally. I think it should be put on

3 to a vote of the public, of the people.

4 I think that it is clear that there are

5 improprieties that go way beyond the realm of criminal in

6 regards to the processes and the monies that were --

7 monies, corporate stocks that were shuffled around to

8 obtain the 51 percent plus stockholder shares that Maxxam

9 corporation and the holding corporation companies that

10 have been pitting loggers against environmentalists

11 against -- pitting anyone and everybody against anyone

12 and everybody. But all of us really do know that we have

13 all been living our entire lives on the same planet,

14 sharing the same planet, and I think all of us are ready

15 to see some justice and equality.

16 Corporations are ficticious entities that become

17 an entity, yet within the same structure, they take

18 individual human beings with names that are given to us

19 and they assign us birth numbers, social security

20 numbers, driver's license numbers and try to do

21 everything to take away our humanness. And as I stated

22 earlier, I would really in my heart of hearts and I think

23 that any of us that ask what is it truly to be a human,

24 it is more a responsibility as a stewardship for all

25 species, responsible management. Responsible harvest

 

 

 

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1 plans.

2 I worked with the State of California doing

3 precommercial thing when I was 20 years of age. I'm not

4 looking to shut down the logging industry, but we need to

5 have a sustainable managed forest. There is enough

6 second growth and third growth forests that there can be

7 responsible managed forestry.

8 HEARING OFFICER ORTEGA: Thank you.

9 MR. QUINN: I would like to see Pacific Lumber go

10 back to the people and be put in charge of responsible

11 harvest management, the old growth have a moratorium put

12 on it and the corporation and holding companies that have

13 I think illegally obtained the controlling interest of

14 Pacific Lumber to be removed.

15 HEARING OFFICER ORTEGA: Thank you.

16 (Applause.)

17 HEARING OFFICER ORTEGA: Marylou Knapp to be

18 followed by Nan Gustafson.

19 MS. KNAPP: Hi, I'm Marylou Knapp, K-n-a-p-p.

20 I came here this evening because I know in my

21 heart that what happens with the Headwaters is of such

22 import to all of life on the Earth. I didn't come to

23 speak, but here I am speaking. I've learned a lot from

24 being here this evening about the illegal actions that

25 Maxxam have already used.

 

 

 

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1 Just to my understanding from what I hear, it's

2 simple to see that this plan is not one that can in any

3 clear conscience be implemented, that we can take upon

4 ourselves and to say yes, this is what we would choose to

5 have happen.

6 All I can do is be here this evening and speak

7 with you all, ask you to open your hearts and your minds

8 to take whatever influence that you have and to share

9 what you perceive to be the truth. It seems, like I say,

10 a simple understanding.

11 I thank you very much, you know, for being here.

12 I see that you're listening and I appreciate that. I

13 know that you're in a position that must feel between a

14 rock and hard place, must not feel that comfortable. So

15 I do thank you.

16 A quote comes to my mind. Only up to the last

17 tree has been cut down, only after the last fish has been

18 eaten, only after the last river has been poisoned, only

19 then will we know that money cannot be eaten.

20 Thank you.

21 (Applause.)

22 MS. GUSTAFSON: Good evening. My name is Nan

23 Gustafson. My first name is N-a-n, the last name,

24 G-u-s-t-a-f-s-o-n.

25 Thank you for listening to us all tonight and I

 

 

 

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1 hope very much that our words can be recorded and taken

2 seriously for this.

3 I'm with the Serving the Earth Committee, and I'm

4 also a psychotherapist. And one of the things that is

5 most important, I notice, in working with clients is what

6 heals us and makes us sane is coming to the truth,

7 whether it's in our own selves or whether it's in our

8 relationships. And this is what you're faced with.

9 I've heard many things, and there was a press

10 conference earlier where we had a number of scientists

11 who spoke about what the situation actually is based on

12 their studies of the HCP. And what we have got here is a

13 situation where you have to look for objective science

14 now. What has been put out by Palco is for their benefit

15 and is very obvious. So we have to listen, you have to

16 go to your conscience and pay attention to that and look

17 for objective science.

18 There has not even been watershed investigations

19 on many of these streams that are going to be absolutely

20 destroyed that are put in there that there is over these

21 next years they can go in and they can log up to 30 feet

22 on these streams. And when you think of 30 feet, we're

23 talking here. This is what we're talking. And these

24 giant trees to be felled and destroying these streams.

25 So we have to have objective science brought in

 

 

 

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1 and enough time to look at it so that it can really be

2 put in place. We're talking about the future of a system

3 is not going to be replaced. There is never going to be

4 anything like this again, and it is our time. It's our

5 time in this space here that we have to make the

6 decisions that will affect the entire future.

7 We don't even know what is on these lands. There

8 are 37 species that we know are rare species, some of

9 them endangered, that will be affected, and we are

10 mitigating for the marbled murrelet is the one thing that

11 is really having land set aside and not even enough.

12 There is a space that is considered to be the hole in the

13 doughnut, it's referred to, that hopefully the extra

14 money that makes up this half billion will be able to

15 purchase so that there will be enough land for murrelet.

16 But that's not even a guarantee.

17 And the coho is just going to be devastated. The

18 coho is going to go extinct with this plan. According to

19 the Endangered Species Act and Habitat Conservation

20 Plans, as bad as they are, to have any incidental take is

21 ridiculous, but with this plan the coho is going to go

22 extinct. If you use objective science, that is just

23 inevitable to see and that has to be seen and then you

24 have to let yourselves look to your own responsibilities

25 in this.

 

 

 

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1 It has been such a political dilemma of our

2 Governor and our boards being so influenced, and now we

3 may have a turn in government, but who knows how long any

4 turn will last. So whatever is written, if there is even

5 an HCP granted, which it should not be, but if you decide

6 you have to go with a HCP, guarantees have to be written

7 in there so strongly that any Board of Forestry that

8 wants to go ahead and authorize logging in areas that

9 shouldn't cannot do that. That it is written down that

10 they may not.

11 And I hope very much that you all will be able to

12 sort through all of this, take the scientists' thoughts,

13 the objective science with this and really come up with a

14 plan that will save this land. It is the last we have.

15 Thank you very much.

16 (Applause.)

17 HEARING OFFICER ORTEGA: Thank you. Mark Rentz to

18 be followed by Anna Mosqueda.

19 MR. RENTZ: My name is Mark Rentz, spelled

20 R-e-n-t-z.

21 I'm here tonight on the behalf of the California

22 Forestry Association, and California Forestry Association

23 wants to go on the record in support of the HCP and the

24 SYP that's being proposed.

25 Appreciate the opportunity for everybody to have a

 

 

 

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1 chance to speak equally tonight and for all comments to

2 be given due consideration.

3 Couple points I'd like to make tonight, couple

4 factual items. I think the previous speaker I agree

5 totally with one of the comments she made I believe that

6 any decision should be based on objective science. I

7 further believe that's what Pacific Lumber Company has

8 strived to do as it's formulated this HCP. Other may

9 disagree. As the comment period evolves and the review

10 of the HCP/SYP is continued then we'll have a chance to

11 discuss it, but I think it's important to keep in mind

12 that what we're talking about is not just the Headwaters.

13 We're talking about a plan that proposes to manage

14 200,000, more than 200,000 acres over the next 50 years.

15 That's quite an endeavor. I've been a forester for 20

16 years and I never imagined that we'd have the science,

17 the skills and the capability to try and assess a

18 landscape of that size, look at it over a time horizon of

19 that period.

20 Let me turn to some of the issues that have been

21 raised tonight, give you my opinion on how they are

22 beeing addressed. First of all, the issue has been

23 raised that hasn't been enough protection for old growth

24 forests. Like I said, this plan is beyond just the

25 Headwaters. Already it has been determined that those

 

 

 

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1 7500 plus acres will be set aside in perpetuity for the

2 public domain.

3 What else does this plan propose? For the next 50

4 years, an additional almost 8500 acres will be, of

5 unentered old growth, about 1500 of it is unentered old

6 growth and 3100 of it contains residual old growth, will

7 be protected for life of HCP.

8 Concern has been raised for the marbled murrelet

9 with the purpose of setting aside these acres is to

10 provide a set of reserves to protect the habitat for the

11 marbled murrelet.

12 Concern has been raised adequacy of the stream

13 buffers. Scientific studies, objective scientific

14 studies that have been requested by the previous speaker

15 conducted indicated that more than 93 percent of the

16 shade requirements for more than 95 percent of the

17 habitat forming large woody debris requirements will be

18 formed, that are found in old growth forests will be

19 formed over the history of this HCP and beyond.

20 Concern has been raised about sediment levels and

21 reducing sediment levels. Pacific Lumber HCP has four

22 approaches for dealing with sediment that I think is

23 quite a commitment.

24 First of all, Pacific Lumber Company has agreed to

25 upgrade or storm proof its roads to prevent road-related

 

 

 

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1 land slides. This will involve replacing culverts,

2 stabilizing unstable road fill and including drainages.

3 They will inspect every road mile in their ownership.

4 They have hired a geologist to evaluate the potential for

5 land slides before they conduct harvesting or build

6 roads.

7 And, finally, concern has been raised that there

8 will not be an opportunity for Pacific Lumber -- to make

9 changes in the Pacific Lumber HCP. That is just not the

10 case. The HCP provides for extensive monitoring and

11 adaptive management component. Throughout the life of

12 the HCP, scientific studies will be conducted on the land

13 and the land must demonstrate to all of you, the agencies

14 that are here before us tonight, that fish and wildlife

15 will be protected and habitat conditions are improving or

16 the HCP must be modified.

17 With that, I close my comments. Thank you very

18 much.

19 HEARING OFFICER ORTEGA: Thank you, sir. Anna

20 Mosqueda will be followed by Andrea Wilson.

21 MS. MOSQUEDA: What I've just given you is just a

22 slight packet of notes of what basically I'm going to say

23 I'm just going to make some comments off of that.

24 I have a couple of issues regarding this HCP/SYP.

25 Mainly, that this is basically more political than

 

 

 

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1 scientific. There is no enforcement whatsoever of this

2 HCP, if it does ultimately become an HCP. And the fact

3 remains this is still an HCP, a Habitat Conservation

4 Plan, which is inherently wrong.

5 Regarding some scientific errors, the big thing

6 everybody seems to be bringing up is the buffer zone.

7 There have been scientists and not even scientists from

8 an educational institution or a nonprofit or an

9 environmental institution or anything like, but

10 scientists from government institutions, from NMFS,

11 National Marines Fisheries, and FEMAT, Federal Ecosystem

12 Management Team, that say that they prescribe a minimum

13 buffer zone equal to the height of one site specific

14 tree, which we're speaking about the Headwaters forest.

15 So this is about approximately 300 feet.

16 Yet the HCP for Class I streams indicates a buffer

17 zone of 170 feet and also authorizes the use of the land.

18 Both FEMAT and NMFS do not recommend using the land near

19 Class I and Class II streams and recommend limited use of

20 Class III streams.

21 We are all here because endangered species are

22 involved. Obviously, there's the marbled murrelet, the

23 coho salmon and northern spotted owl and I'm not going to

24 take the time explaining that because I have other issues

25 that I'd like to bring up.

 

 

 

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1 The fact remains, though, that HCP affects others

2 besides the marble murrelet, the coho salmon and northern

3 spotted owl. You'll see in there there are three pages

4 of species. There is the Pacific lamprey, there are four

5 amphibians, one reptile, I don't even know how many

6 birds, but I'll just name a couple. A double-crested

7 cormorant, great blue heron, great egret, snowy egret,

8 American peregrine falcon, western snowy plover,

9 burrowing owl, Vaux's swift, pilliated wookpecker.

10 There are mammals, including us. And perhaps a

11 lot of people here are forgetting that. That this HCP

12 has no indication of watersheds and the affect that this

13 will have. The watersheds of the north coast are already

14 in despair with no signs of restoration and no

15 indications in this HCP as to what will become of those

16 watersheds.

17 There is the potential for economic dislocation

18 over the long term. This HCP indicates that after the

19 first two decades extensive layoffs may be necessary and

20 since younger forests can be cut and milled in an

21 automated fashion, the need for skilled jobs will cease

22 to exist.

23 Otherwise, old growth forests are part of what

24 make California distinct and special. I guess I'm out of

25 time, so I just want to make a couple quick comments

 

 

 

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1 conclusions. The innate problem with the HCP is the fact

2 that it is a license to kill. And what is the exchange?

3 What is the mitigation? A lot of people here are

4 wondering what allows the license to kill.

5 Just to conclude, whatever you choose to do,

6 please use scientific evidence in determining the

7 validity of this HCP, although that is a rather

8 paradoxical statement in and of itself, and do not use

9 empty words as enforcement.

10 There is actually a document that back in

11 September of '96 CDF gave Pacific Lumber conditions to

12 follow. They did not follow them one month after. CDF

13 stopped a work order and two days after that, the work

14 order was rescinded. No explanation as to why.

15 HEARING OFFICER ORTEGA: Thank you.

16 MS. MOSQUEDA: Please. The world was not given to

17 you by your parents. It was loaned to you by your

18 children. Thank you.

19 HEARING OFFICER ORTEGA: Thank you.

20 (Applause.)

21 HEARING OFFICER ORTEGA: Andrea Wilson will be

22 followed by Ed Runnen Bear.

23 MS. WILSON: Hi, I'm Andrea Wilson, W-i-l-s-o-n.

24 And first for the record I just want to say I

25 object to the HCP for all the reasons that are in all the

 

 

 

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1 documents you're getting, all the comments you're getting

2 from all the environmental organizations, take the Sierra

3 Club, Epic and Forests Forever and all of them and I

4 object for the technical reasons they have in there.

5 More importantly, I object to us cutting

6 Headwaters forest at all or any of our old growth here.

7 I think it's really tragic that given we have less than

8 five percent of our old growth forests that we are having

9 this discussion, that we have to beg to keep these trees.

10 I think anyone who is alive and feeling and thinking

11 knows that this is wrong. This is just a no brainer.

12 This is just unjust that is happening.

13 I have redwoods -- I live in the Santa Cruz

14 Mountains, and I have redwoods and they are the most

15 precious things that I have that I, quote/unquote, own.

16 Our forests or precious they harbor life and

17 diversity and species. They are just very crucial to our

18 health. So I really beg to really think about what is

19 going on here, less than five percent, cutting down these

20 forests, they're really forever.

21 But the next comment is that we really don't need

22 the wood that badly. It's very distressing to me that

23 the agencies are charged with protecting our forests are

24 also looking out and they are charged for the

25 responsibility for looking out for our needs for wood.

 

 

 

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1 It seems to me to be a very inherent, inappropriate

2 conflict of interest given the way things work.

3 But if you are looking out for our needs for wood,

4 I think it's very incumbent to look at how we need to be

5 reducing our consumption of wood and I think you have to

6 take that into the equation, the fact that we really

7 don't need this wood, we certainly don't need Headwaters

8 wood.

9 There are many, many alternatives that are out

10 there these days and there is lots of businesses. I

11 actually happen to be on environmental entrepreneur that

12 sells environmentally responsible products. But there

13 are lots of products out there.

14 And certainly we need to be looking very, very

15 forcefully at how we reduce our consumption of wood, how

16 we use wood a lot more efficiently, we recycle the wood,

17 we promote the reuse. Hopefully you have a lot of this

18 information with some of you other agencies like

19 recycling agencies.

20 The use of agricultural materials is very

21 prevalent right now. We can reduce our consumption of

22 wood by using straw bale houses and using agricultural

23 waste for paper. That exists. There is a paper out

24 there that's made from agricultural waste. As well as

25 looking at things like there is paper made out of hemp

 

 

 

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1 and canaf, organic cotton. There are materials that are

2 made in the recycled world as far as plastic lumber that

3 can replace our need for wood in decks and other

4 products.

5 And I think given that you do have that as part of

6 at least the California Department of Forestry that I

7 think it's critical that you look at that and look at

8 that very, very, very seriously because I think when you

9 look at all those products that are out there, you should

10 know we do not need wood from Headwaters forest.

11 And if we had a more appropriate economic system

12 that really did full costing and that really looked at

13 all the costs of just destroying our beautiful forest and

14 all the habitat and all the health risks, I think you

15 would see, if we had the full costing, that the price of

16 a board foot from Headwaters forest should in reality be

17 a billion dollars and so not even Ross Perot or Bill

18 Gates would decide that it was worth having any wood from

19 Headwaters forest.

20 HEARING OFFICER ORTEGA: Thank you.

21 (Applause.)

22 HEARING OFFICER ORTEGA: Ed Runnen Bear will be

23 followed by Ron Glick.

24 MR. BEAR: I am Ed Runnen Bear, E-d R-u-n-n-e-n

25 B-e-a-r.

 

 

 

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1 As of August 27th, 1998, the date of my baptismal,

2 I'm a child of love, the creator, as are all of you

3 whether you acknowledge that fact or not.

4 I've witnessed three people out of roughly 70

5 voice their outrage and disapproval to this habitat

6 destruction plan, yet it will most likely still be

7 passed, but I can tell you it won't be tolerated.

8 I bet the deal that Mike Milken made that wiped

9 out the steel industry on the East Coast along with my

10 dad's job and 30,000 of his friends looked pretty good on

11 paper. It looked good to Charles Herwitz. He ended up

12 with a logging industry and Headwaters forest out of the

13 deal.

14 I don't think that deal would have been tolerated

15 if people knew the outcome ahead of time like they do

16 here. And if this deal is tolerated knowing the outcome,

17 what deal is going to be next?

18 I've been up in these clear-cuts and I can tell

19 you there's a pretty good view, especially since all the

20 trees are cut down. Looks like prime real estate.

21 What's going to be the next deal? Subdivisions in the

22 forest? Is that the next deal that we have to tolerate?

23 I'm not going to tolerate it. I know a lot of other

24 people who aren't going to tolerate it either.

25 We have to stop this corporate gluttony. This

 

 

 

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1 gluttony is creating the illusion that we don't have the

2 resources that are abundantly there because when it

3 comments down to supply and demand, if you have an

4 overabundance of supply and it's readily available to

5 everybody, it's pretty much free, which it is free,

6 because it comes from God.

7 And these trees, this forest has to be respected

8 as such as a gift from the creator and not thrown away.

9 We shouldn't be making toilet paper and chopsticks out of

10 old growth redwood so we can create the illusion there is

11 not enough redwood. I could go into the alternatives for

12 hours, but I don't need to do that.

13 All I have to say is that we have to stop the

14 gluttony our resources and start appreciating them and

15 using them properly or they're not going to be there any

16 more, and without these resources, this is more than just

17 trees and environment. This is lives and livelihood.

18 They go hand in hand. Without one, you can't have the

19 other. When it's all gone, we're all gone.

20 That's all I have to say.

21 HEARING OFFICER ORTEGA: Thank you.

22 (Applause.)

23 MR. GLICK: Good evening. My name is Ron Glick,

24 G-l-i-c-k.

25 I'd like to begin with a quote from Dylan Thomas.

 

 

 

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1 "Do not go gently into that good night. Rage, rage

2 against the dying of the light." And I used to think

3 that that was about growing old, but now I've come to

4 realize it's the failure of democracy. Tonight, it's

5 about the failure of government, and this is the failure

6 of democracy. It has all the trappings of democracy, but

7 listen to the people and they are not being heard.

8 I have lived in Humboldt County on and off for 25

9 years there. I own property there. I own timber

10 property there. I'm a steward of the land. I know about

11 stewardship. I know Pacific Lumber before Maxxam. They

12 had less than 700 employees. In this HCP it says that

13 their growth potential is 125 million board-feet a year.

14 At modern milling techniques of three people per million

15 board-feet per year, the old Pacific Lumber Company had

16 it just right. You do the numbers.

17 Maxxam has come in there and destroyed everything.

18 They've destroyed the forest, they're destroying the

19 endangered species, they're destroying the downstream

20 neighbors, they are destroying the future jobs of the

21 people of Humboldt County with going from sustained yield

22 to cut and run, and government is allowing it to happen.

23 I just wonder if you people when you got into

24 resource management thought that you would ever become

25 what you have become, that you would allow this plunder,

 

 

 

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1 that you would allow one rich white bastard from Texas to

2 come to Humboldt County and destroy it, destroy the

3 communities, destroy the people.

4 You have police putting pepper spray in the eyes

5 of children. You have David Chain dead. Why? Because

6 the government hasn't done its job. You have Julia

7 Butterfly sitting in a tree for 11 months because the

8 government hasn't done its job.

9 It is the failure of government. You have failed.

10 You are failures. How can you live with yourselves and

11 let this go on? It is shameful. It's shocking. It is

12 disgusting.

13 I would like to close with the words of Bob Dylan,

14 another Dylan. He said, because I'm from a rainforest,

15 he said: "What will you do now, my blue-eyed son? What

16 will you do now, my darling young one? I'm going out

17 back 'fore the rain starts afalling."

18 Gee, I forgot my lines.

19 "I'm going out back 'fore the rain starts

20 afalling. I'll walk to the depths of the

21 deepest dark forest where the people are

22 many and their hands are all empty, where

23 the pellets of poison are flooding our

24 waters, where the home in the valley meets

25 the damp dirty prison, where the

 

 

 

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1 executioner's face is always well hidden,

2 where black is the color, where none is the

3 number, and I'll say it and speak and think

4 it and breathe it and reflect it from the

5 mountains till all souls can see it, and

6 I'll stand on the ocean until I start

7 singing, but I know my song well before I

8 start singing, and it's a hard, it's a

9 hard, it's a hard rain that's going to

10 fall."

11 (Applause.)

12 HEARING OFFICER ORTEGA: Richard Estes will be

13 followed by Susan Stevenson.

14 MR. ESTES: My name is Richard Estes.

15 You know, once again we find ourselves in that

16 situation where we have a result in search of a process,

17 and the result, as everyone here is well aware, is that

18 it has been determined that Charles Herwitz and Pacific

19 Lumber must be allowed to log as much as they desire from

20 the Headwaters forest for as much profit as they desire

21 regardless of the effect on the environment and

22 communities of Humboldt County, and yet we have to go

23 through this process and, you know, to be here tonight, I

24 mean it's sad to say, but you really have to be powerless

25 because the people that want the HCP go through, I've

 

 

 

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1 heard one person here tonight speak in favor of the HCP

2 the whole time I've been here, I gather a lobbyist from

3 the forestry association, and everyone else that wants

4 the HCP to go through, they've already given lots of

5 money to Bill Clinton, they've already given lots of

6 money to Pete Wilson, Dan Lungren, Gray Davis, Diane

7 Feinstein. They've lobbied those people privately,

8 they've lobbied their staffs. They don't have to be

9 here. So instead what we have are you here tonight here

10 and we have the reporter and we have all the audience,

11 and we have to, all the powerless people like me, get to

12 be humored.

13 Back in the old days I think there was a lot more

14 integrity because at the turn of the century, you know,

15 the lumber companies came to the West Coast and they just

16 pillaged the landscape and clear-cut and they made their

17 money and we didn't have to go through this kind of

18 process, but apparently that wasn't the most economically

19 efficient use of the redwood, because we didn't have to

20 pay people to come in and hear us tonight, and we didn't

21 have to pay for court reporter to transcribe it and we

22 didn't get to pay the convention center to rent the room

23 and we didn't get to pay cops to be here and so we sort

24 of determined we weren't getting the bang for the buck

25 that we should be getting, so we created this illusory

 

 

 

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1 process. It's kind of the tawdry end to a hundred years

2 of rape and pillage of the forest on the West Coast.

3 That's essentially what you're presiding over. That's

4 essentially what you are going to approve and that is how

5 you will go down in history books of American history.

6 You know there has been plenty of speakers that

7 have spoken about the loss of species on the north coast.

8 There is nothing more I really need to say about that. I

9 will like to add as Ron Glick said, you're also going to

10 destroy the community.

11 When this plan is concluded and Charles Herwitz

12 and Pacific Lumber is permitted to destroy the forest,

13 the north coast will look very much like the abandoned

14 mining towns of the Nevada, Utah, Arizona, the towns that

15 have enormous mountains of mine tailings full of uranium,

16 whatever toxics substances were extracted from the

17 landscape, and nobody lives there any more because, after

18 all, you don't live around toxic tailings and no one's

19 going to want to live around a clear-cut forest either

20 when this plan is finished and Herwitz has logged his

21 timber.

22 The last point I'd like to make to conclude with

23 is, you know, the level of violence by the police that is

24 required to push this plan through is really frightening

25 to me and when pepper spray is used on people in the way

 

 

 

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1 that it has been, I think any decent person should be

2 outraged. And the point I would like to make about this

3 is very important. It is establishing a precedent that

4 will haunt us for many years to come because it won't

5 just be used on Earth First. It will used on the UFW in

6 Monterey County, it will be used on police brutality

7 protestors in San Francisco, it will be used on Act Up,

8 it will be used on everyone and that's because, as Ron

9 Glick said, government has failed and police violence

10 will be required to impose it on people and to keep

11 people from resisting it.

12 HEARING OFFICER ORTEGA: Thank you, sir.

13 (Applause.)

14 HEARING OFFICER ORTEGA: Susan Stevenson will be

15 followed by Lucky.

16 MS. STEVENSON: Thanks for the chance to

17 incorporate public input into the Habitat Conservation

18 Plan.

19 I have a number of problems with this plan.

20 Number one, most importantly, being that this Habitat

21 Conservation Plan doesn't actually conserve habitat. The

22 document that we're commenting on today is essentially a

23 tawdry political document. It's not a scientific

24 document. But your agencies, Fish and Wildlife Service,

25 National Marine Fisheries Service, as I understand it,

 

 

 

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1 are not charged with getting involved in politics and

2 protecting political careers. You're charged with

3 protecting endangered species.

4 We, the taxpayers, in good faith fund you to do

5 that. We also provide the funding for your research to

6 determine the best ways to protect habitat for endangered

7 species. We, the taxpayers, are also even providing a

8 half a billion dollars to fund this Headwaters agreement

9 with the expectation that endangered species of

10 Headwaters forest will be protected.

11 Imagine our dismay in learning that the wildlife

12 agencies we are funding are not even using the studies

13 that we have funded to preserve the Headwaters agreement

14 that we have funded and the species of Headwaters forest.

15 I would like to urge you to utilize the best

16 available science in the final HCP. Someone mentioned

17 earlier tonight that 99 percent of the coho salmon is

18 already gone. That's not a very good record. If I were

19 charged with protecting something and 99 percent of it

20 was gone, I'd be looking at a way to do it better, and

21 perhaps you should start with looking at your own studies

22 that we the taxpayers have funded.

23 I refer you specifically to the Mantac report

24 commissioned by the National Marine Fisheries Service in

25 1996 which recommends minimum no-cut zones of 170 feet

 

 

 

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1 for all types of streams, also the FEMAT standard already

2 implemented on public lands throughout the Pacific

3 Northwest incorporates 300, 150 and 100-foot buffer zones

4 for Class I, fish-bearing, Class II, nonfish-bearing, and

5 Class III, seasonal streams, respectively. Yet the draft

6 HCP contains buffers less than 10 percent the size of

7 these recommendations.

8 The Fish and Wildlife agency and National Marine

9 Fisheries Service must stand up to Pacific Lumber and

10 insist on sound science.

11 And just as the gentleman from the forestry

12 association mentioned earlier that sound science may be

13 debatable, the best available science may be --

14 reasonable people may disagree. Well, the Fish and

15 Wildlife Service and the National Marine Fisheries

16 Service have made it clear that the documents and the

17 standards that they consider to be the best available

18 science. I refer you back to the hearing last year

19 before the joint, the legislative Joint Committee on

20 Headwaters Forest and Ecosystem Management where

21 Mr. Hogarth testified that the documents that I have

22 mentioned before and the FEMAT standard and the Mantac

23 study, are the most credible reports that are based on

24 the best available science. He said, quote: "These are

25 the cornerstone of the HCP." Please incorporate these

 

 

 

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1 standards in the final document.

2 HEARING OFFICER ORTEGA: Thank you.

3 (Applause.)

4 HEARING OFFICER ORTEGA: Lucky will be followed by

5 Fred Pepper.

6 LUCKY: I'm Lucky, L-u-c-k-y. And I'd like to get

7 the names of the panelists, if I may. I did earlier, but

8 could you tell me your names, please?

9 HEARING OFFICER ORTEGA: The names were announced

10 earlier. They're on record. Go ahead.

11 LUCKY: Okay. I have everyone but your name.

12 I guess I would want to ask each of you, all three

13 of you on behalf of your specific agencies, Ross Johnson

14 with the CDF, California Department of Forestry, Mike

15 Spear on behalf of a federal agency, U. S. Fish and

16 Wildlife Services, and I don't know your name, but with

17 the National Marine Fisheries Service, that all the words

18 that have been said here tonight and this afternoon and

19 that will continue to be said, have been said and will be

20 continued to be said over and over and over again, that

21 it will have some sort of impact. And also on the

22 biologists who are going to be reviewing this, our words,

23 the words from these public hearings, that it will be

24 heard.

25 I guess I feel like I'm sort of here with a

 

 

 

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1 prayer. I'm thankful for all the people who have come

2 tonight because we are here and we do care, we all care,

3 and it's not too late to save the trees that are already

4 there, even though they are getting cut every moment and

5 it hurts.

6 I also want, I'd like to -- I wrote a postcard the

7 other day when I was taking a little time, a little break

8 from doing some Earth First work, and I guess I decided I

9 would just address it to you all. I didn't address it to

10 anybody when I wrote it a few days ago, but here this is

11 for you. The trees are so beautiful, so wise, hundreds

12 of years old. Sacred. We don't have to cut any more of

13 them. There are other ways, creative ways to live. No

14 more destruction. As I sit here by the sacred water, the

15 ocean, I pray that clear-cutting stops, that it is deemed

16 unlawful. Corporate greed is on a killing rampage and

17 I'm here to say no more killing. I stand for life and

18 love. I actively resist and with my body, hope and heart

19 pray for recognition, acknowledgement and respect for the

20 sacredness of life.

21 And since I can't get all the names because it was

22 announced already and we don't have repetitions of

23 information, I'll just pass this forward. I put a

24 woman's symbol for you.

25 HEARING OFFICER ORTEGA: Thank you.

 

 

 

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1 (Applause.)

2 HEARING OFFICER ORTEGA: Fred Pepper will be

3 followed by Brion Burkett.

4 MR. PEPPER: My name is Fred Pepper, same spelling

5 as in pepper spray victim.

6 I urge you to deny this Habitat Conservation Plan

7 and SYP. It's not based on good science. But I know how

8 hard it is to rock the boat. But I urge you to do just

9 that, and when you're back in your office, rock the boat.

10 When you have to talk to your boss, act up a little.

11 You know, when I look at this HCP, it's obvious to

12 me that it just demonstrates that the industrial economy

13 is destroying our biosphere. And who profits from that?

14 We all get to make a living. We bust our butts for a

15 buck, but who really profits is that one-half of one

16 percent of our population that owns 50 percent of the

17 wealth.

18 This is kind of a formality, but I would like a

19 message given to those guys, those big money guys, and my

20 message to them is, give up your privileged position.

21 It's based on the blood of the Earth and the blood of the

22 people. Use the money to create ecotopia. You'll be

23 much happier as a sovereign member of a consensus circle.

24 And for you that are going to deny this HCP, I

25 would like to quote one of our first ladies, Nancy

 

 

 

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1 Reagan. When it comes to HCP, just say no.

2 (Applause.)

3 HEARING OFFICER ORTEGA: Thank you. Brion Burkett

4 be followed by Amanda Longcar.

5 MR. BURKETT: Brion, B-r-i-o-n, Burkett,

6 B-u-r-k-e-t-t.

7 Basic truths that no amount of money, government

8 or self-praise are so evident here. Come to listen to a

9 few. Is your government and its policies concerning this

10 and many other issues really for the goodness and

11 betterment of mankind? If so, where do you intend to

12 stand witness to the betterment of very necessary natural

13 environment in 30 to 50 years. You can't listen to the

14 eternal song of a natural spring babbling from snowcapped

15 mountains or witness a family of deer eating grass in a

16 bank or in a tract home.

17 Where your grandchildren going to commune with

18 their animal spirits? Where will they go camping? Where

19 will all of our good old Boy Scouts go romping and

20 stomping? Your laws are the laws Babylon as in very

21 definition of Babylon, a society that inevitably eats

22 itself and turns in on itself.

23 Are your hearts really talking? Take away

24 monetary goals and manufactured conveniences and what is

25 left? Nature. God's gift. Our force are not a style.

 

 

 

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1 You cannot make them plastic tree. When a tree die, you

2 die. Jah live, peace and love. Wake up.

3 I'm not here try to change a new law. I'm here to

4 change the way you listen to your heart. These politics,

5 these lies, you don't listen to your heart and to us

6 people. It is your job to listen, but who do you turn to

7 after tonight with real decision, turn you to your hearts

8 or turn you to big wigs and fat cats burning monies to

9 keep the smoke screen up.

10 The PLC got their blinders up, but that's their

11 right of them to be blind. Blind anger Jah. Open up.

12 These things ain't right. Your heart know. We know it.

13 Do your job as God does his. Service people and the

14 goodness for all for us children, future and present.

15 Thank you. Namas day.

16 HEARING OFFICER ORTEGA: Thank you.

17 (Applause.)

18 HEARING OFFICER ORTEGA: Amanda Longcar will be

19 followed by Carmen Pereira.

20 MS. LONGCAR: I wasn't planning on speaking

21 tonight. I don't have anything prepared. I'm speaking

22 from my heart.

23 I am 16 years old. I feel it necessary to speak

24 tonight because we've been talking so much about the

25 future generations. Well, I feel I can accurately

 

 

 

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1 represent future generations.

2 I was blessed enough to be born in one of the most

3 beautiful places in the world, Arcata, California. I

4 lived there for the majority of my life surrounded by

5 forests and surrounded by trees and wildlife and nature.

6 I feel that it is my birthright and it is my peers'

7 birthright, it's my brother and sisters' birthright, it

8 is the birthright of my generation and my children's

9 generation. It is our responsibility to maintain that

10 birthright and to pass it along from generation to

11 generation. It cannot be destroyed. It is not

12 replaceable.

13 Sorry. I'm here tonight to remind you that the

14 future generations are watching, and I beseech you not to

15 let us down. Thank you very much.

16 (Applause.)

17 HEARING OFFICER ORTEGA: Thank you. Carmen

18 Pereira will be followed by Dr. Robert Blackstone.

19 MS. PERIERA: My last is spelled P-e-r-e-i-r-a.

20 People here tonight have expressed their concerns

21 regarding this HCP plan beautifully, bringing forth sound

22 scientific research and information on this plan and

23 words of love from their hearts, love for Headwaters

24 forests and the Earth. So I would like to say something

25 from my heart.

 

 

 

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1 This plan is grossly flawed and it should not be

2 passed. We are taking more from the Earth than we are

3 giving back and that has to stop.

4 I went camping for the first time two summers ago

5 in our northern redwood forests, and the experience was

6 uplifting. You know, the feeling of resting your back

7 against a big, strong, sturdy trunk of a tree that's been

8 there for hundreds of years, listening to the sounds of

9 the night and of the forest, it was truly uplifting and

10 healing.

11 I went to a wake a couple months ago for a tree

12 that was dying and was going to be cut down. I know that

13 sounds kind of silly to go to a wake for a tree, but it's

14 not. We have to see that the Earth, the trees, the air,

15 the water, the ground, the animals have a spiritual

16 value, they have an innate value that goes beyond the

17 dollar value. Thank you.

18 (Applause.)

19 HEARING OFFICER ORTEGA: Thank you. Dr. Robert

20 Blackstone will be followed by Dan Bacher.

21 DR. BLACKSTONE: I'm Dr. Robert Blackstone,

22 B-l-a-c-k-s-t-o-n-e.

23 I am coordinator of the Sacramento member group of

24 the Institute of Noetic Sciences, and I'm here in support

25 of our members of the Serving the Earth Committee, Nan

 

 

 

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1 and Paulette and others that you have heard from already.

2 We were founded 25 years ago by an astronaut,

3 Edgar Mitchell, who as he was returning from walking on

4 the moon saw the Earth very much as his good friend John

5 Glenn is seeing it tonight orbiting over our head. He

6 saw that the whole Earth is living and interconnected and

7 alive and that something really important needed to be

8 done to shift the consciousness of the most dangerous

9 species on the planet, the humans, so that we would not

10 destroy our home, but turn around and begin to save it

11 and think of sustainable plans for the future.

12 For 25 years we have been working on sustainable

13 plans. We believe in good government. I have worked for

14 the State of California for 15 years and have helped

15 draft much of the recycling legislation that is in

16 operation in this state now, and I believe that one of

17 the things I do disagree with that I've heard is despair

18 and cynicism about government. I believe there are good

19 people in government.

20 Only you know what is in your hearts and what is

21 possible for you to do in this situation, either to

22 reject or to modify so that it is scientific and based on

23 good conservation principles as HCP. But I believe is

24 that there are good people, and that you are among those,

25 in government that can make a difference.

 

 

 

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1 And I am calling for sanity and for sustainable

2 models of what can be done with the forest. One of the

3 things that's needed is to think of the next generations

4 as that eloquent young woman spoke a few minutes ago. We

5 are at a watershed. It's not just the watersheds in the

6 forest that we're talking about. We're at a watershed of

7 choice about what to do with these dwindling resources.

8 There are many, many computers models that play the

9 growing populations all over the planet together with the

10 growing demand for resources and we run out of supply

11 very soon after the millenium unless we are able to pass

12 the watershed of choice that we are at right now.

13 The old growth redwoods are almost gone. Four

14 percent of what was there a hundred years ago. They are

15 an endangered species, and it's insanity to cut any more

16 of them. We do not know yet how many rare species of

17 plants that could be life-saving for our own species may

18 grow in these old forests. Some have been discovered

19 already and research need to be done. We need to think

20 for the long haul.

21 One other picture I want to leave with you about

22 the relative importance of jobs and industry, and I have

23 worked for many years with the state to foster good

24 business and encourage good industry. A study done for

25 the draft Resources Planning Act of 1995 as quoted by

 

 

 

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1 U. S. Undersecretary of Agriculture Jim Lyons -- this is

2 from a "San Francisco Chronicle" article about two years

3 ago -- pointed that in the national forests projected for

4 the year 2000, a total of 130 billion in gross domestic

5 product revenues. We're talking about jobs, we're

6 talking about good economics here. Of that 97.8 billion

7 derives from recreation, 12.9 billion from fish and

8 wildlife benefits. Only 3.5 billion, a tiny fraction of

9 the total, will be generated by timber harvest.

10 Yet we are letting the demands of one single, not

11 even the original Pacific Lumber Company, but a takeover

12 person who bought it, Charles Herwitz, those demands

13 completely obliterate the needs of the fishing industry

14 of the coho salmon that has almost been destroyed at

15 least 10 times as many jobs --

16 HEARING OFFICER ORTEGA: Thank you, sir.

17 DR. BLACKSTONE: -- are at stake there.

18 I leave you with one final image. If you have

19 ever stood in an old growth redwood forest, you will

20 understand what I mean when I say it makes no more sense

21 to cut down these God-made cathedrals for the value of

22 their boards than it would make to dismantle the Notre

23 Dame for the value of its bricks.

24 HEARING OFFICER ORTEGA: Thank you.

25 (Applause.)

 

 

 

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1 HEARING OFFICER ORTEGA: Dan Bacher will be

2 followed by Zoe Zalia.

3 MR. BACHER: My name is Dan Bacher. I am the

4 managing editor of Northern California Angler

5 publications. We publish a biweekly publication about

6 fishing in California. I'm also a member of the Outdoor

7 Writers Association of America and Outdoor Writers

8 Association of California.

9 I'm environmental activist, and as both a

10 fisherman and an activist, I'm completely opposed to the

11 HCP as it is written now for a number of reasons, but

12 mainly because it's inadequate to protect coho salmon,

13 steelhead and other species that exist in the delicate

14 ecosystem of the north coast rainforest.

15 For one thing, it has inadequate stream buffer

16 zones and also it allows for the incidental take of coho

17 salmon, which I find really strange because while lumber

18 companies are allowed incidental take, fishermen can be

19 arrested for keeping a coho salmon on the river now. Of

20 course, you can't even go out to the river and fish for

21 them or in the ocean, and this has been done for many

22 years. The first time that this law was enforced, the

23 Endangered Species Act, was on fisherman, but it's

24 different when it comes to lumber companies and

25 agriculture.

 

 

 

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1 It's not just the destruction of species that will

2 occur with this Habitat Conservation Plan. It's also

3 sustainable jobs. Jobs in sport fishing and commercial

4 fishing are being destroyed by the destruction of

5 California's redwoods and people sometimes try to portray

6 it as a thing it's jobs, economic growth versus the

7 salmon and the fish and the trees.

8 No. What it's about is sustainable jobs versus

9 unsustainable jobs. And as this Habitat Conservation

10 Plan is now written, it would eliminate sustainable jobs

11 and only allow unsustainable jobs which in the long run

12 are going to run out.

13 In summary, the Habitat Conservation Plan is a

14 joke, it's a sham and I'm reminded of a quote from Merle

15 Haggard when he spoke before the State Capitol at a press

16 conference with Woody Harrelson. Merle didn't talk a

17 whole lot, but he said a few very choice words and a

18 thing that really stuck with me. "Clear-cutting is

19 rape." And he said it again. "Clear-cutting is rape."

20 If clear-cutting is rape, the lack of habitat protections

21 of coho salmon, steelhead and other species in this rape

22 amounts to genocide or ecocide.

23 HEARING OFFICER ORTEGA: Thank you.

24 (Applause.)

25 HEARING OFFICER ORTEGA: Zoe Zalia.

 

 

 

198

1 MS. ZALIA: Hello my name is Zoe zalia.

2 Z-a-l-i-a.

3 And I know before we asked the people's names on

4 the board. I know everybody's names except for woman

5 that was added in the second session. Can I ask what

6 your name is and who you work with?

7 HEARING OFFICER ORTEGA: Her name is Vicki

8 Campbell and she works with the National Marine Fisheries

9 Service.

10 MS. ZALIA: Okay. Thank you. I come to you to

11 ask you first a question. To those of you who sit behind

12 these tables, these desks and work in these offices and

13 push the pen to sign these deals with Pacific Lumber and

14 to the CDF, Ross Johnson, California Department of

15 Forestry, who rubber-stamp approves timber harvest plans,

16 have any of you ever stepped your foot in Headwaters

17 forest? Have any of you ever walked inside the Humboldt

18 redwoods and felt her, touched her or smelled her, or do

19 you only base your feelings upon what other people are

20 telling you?

21 You're hearing us, you're hearing Pacific Lumber,

22 you're hearing other people, but how can you really make

23 a decision unless you yourselves walk into the forest and

24 feel her and know what she has to say to you.

25 I have seen PL's destruction over and over. I

 

 

 

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1 know that old growth redwood is not a renewable resource.

2 I know that it does not simply grow back. We do not need

3 redwoods to make paper or to sustain ourselves. We can

4 use second growth and sustainably harvest. We are not

5 radical environmentalists asking you for zero cut. We

6 are asking you to sustainably harvest.

7 There was a Headwaters Stewardship Plan that was

8 design by the Trees Foundation. That is the plan that we

9 should be talking about, because it looks at both sides

10 and still provides jobs for loggers, sustainably

11 harvesting and doing reforestation and completing the

12 destruction that they have ongoingly destroyed.

13 We can sustainably harvest hemp and second growth

14 Doug fir, oak, pine, even second growth redwood. PL

15 claims to plant redwoods where they clear-cut. I have

16 never seen one. I have seen scrub brush and grass and

17 mud.

18 PL's criminal record and corporate

19 irresponsibility supersedes any good plan they can come

20 up with. PL has continued to rack up violations, yet

21 CDF, U. S. Fish and Wildlife and the Board of Forestry do

22 anything to stop this.

23 The Sustained Yield Permit is a joke to me. It is

24 not sustainable. The plan will harvest 32 percent more

25 forests than will grow over the first decade. The decade

 

 

 

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1 defined by the plan is only four years long. During this

2 four-year plan, over 25 percent of PL's land will be

3 slaughtered 54,382 acres, over 35,000 of these acres will

4 be clear-cut and over 2500 of these acres are uncut old

5 growth forests. This is not a Sustainable Yield Plan.

6 HEARING OFFICER ORTEGA: Thank you very much.

7 MS. ZALIA: I'd like to close with this. This HCP

8 allows PL to kill between 250 and 340 endangered species.

9 How long are we going to just keep on letting the killing

10 of species and people go on. We are here for David

11 "Gypsy" Chain, and we will not let you cut down

12 Headwaters forest.

13 (Applause.)

14 HEARING OFFICER ORTEGA: We have time only for two

15 more speakers. I will call their names and they can be

16 prepared David St. George will be followed by Rainy

17 Greensfelder.

18 MR. ST. GEORGE: Hi my name is David St.George.

19 S-t period G-e-o-r-g-e.

20 I'm an out-of-stater from Massachusetts, but I

21 have something to say. I've been here traveling around

22 the West Coast for seven months. About a month ago I saw

23 a ugly clear-cut ridge which introduced me to the works

24 of another out-of-stater, a man from Texas. I found out

25 he was a slob and murderer to your forests. He's

 

 

 

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1 irresponsible in his cutting practice. I learned a long

2 time ago you have to be responsible and accountable for

3 all environmental actions.

4 I don't see how you can allow someone with so many

5 violations to keep tearing up your backyards. Don't let

6 this out-of-towner wreck your backyard any more. If you

7 pass this HCP, you're just giving a criminal a license

8 for destruction. That's all I got to say.

9 HEARING OFFICER ORTEGA: Thank you.

10 (Applause.)

11 HEARING OFFICER ORTEGA: Rainy Greensfelder.

12 MS. GREENSFELDER: Good evening, my name is Rainy

13 Blue Cloud Greensfelder. I'm Native American. My father

14 is the poet Peter Blue Cloud and my mother is Sarah

15 Greensfelder, executive director of the California Indian

16 Basket Weavers Association, which is an organization that

17 is opposed to this as well.

18 I want to speak on behalf of the Native Americans

19 in this country. I see a direct correlation between the

20 killing of native lands to the decline of native peoples.

21 My father was on the Indian occupation of Alcatraz Island

22 in 1969-1971, and he has given up. He doesn't fight any

23 more for land and my people. They don't fight any more

24 on the reservation.

25 And to me, saving Headwaters is in a way bringing

 

 

 

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1 back hope to my people because we don't have anything

2 left. They've all given up hope. They're all walking

3 around and they're all half dead and this land is dead.

4 So for the hope of the Native Americans of this

5 country, this is our land. So oppose this. Thank you.

6 (Applause.)

7 HEARING OFFICER ORTEGA: Thank you. That's all

8 the time we have left to our commitment we have for the

9 hearing room here. Let me at this time inform you that

10 anyone who has not had an opportunity to make an oral

11 presentation here, there is still plenty of time between

12 now and November 16th to submit written comments. You

13 can get the address at the table as you leave.

14 On behalf of the United States Fish and Wildlife

15 Service and the cooperating agencies, I want to thank you

16 for the time and effort that you took to come and present

17 your comments this evening. Your comments have been

18 informative and will be considered in making the final

19 decision.

20 At this point the meeting, the hearing will be

21 closed. I show the time to be approximately 9:00 p.m.

22 We are going off the record at this point.

23 (Whereupon the Public Hearing was adjourned at

24 9:00 p.m.)

25 ---oOo---