The latest logging violations by Pacific Lumber have seriously degraded Bear River, a salmonid stream south of Headwaters. In violation of Fish and Game Code 1603.1, the contractor (PL must operate through subcontractors) drove heavy equipment through Harmonica and Pullen Creeks and Bear River.
A PL official directed workers and contractors to drive their loaded dump trucks, excavators and other heavy equipment repeatedly through this salmon stream at five locations instead of installing culverts as required by the Department of Fish and Game (DFG) and the company's own Timber Harvest Plan (THP).
DFG, CDF and Water Quality officials documented that PL knowingly violated this agreement, causing serious damage to the stream in the presence of steelhead fry and young-of-the-year.
So now they're slapping the company with big fine, right?
Wrong.
The Department of Fish and Game, which could impose a stiff penalty on the company, is refusing to enforce the law and fine PL for these blatant violations. They claim that the violations were "technical in nature," and that they did not result in significant damage.
The Fish and Game Code in section 1603.1 states "every person who violates Section 1603 is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation."
Proving irreparable damage is specifically not required to invoke enforcement action under section 1603.1, but the record on the matter very clearly documents that Bear River and the salmon did in fact suffer such damage from these violations.
See adjoining Action Alert to find out what you can do!
H E A D W A T E R S . F O R E S T . A C T I O N . A L E R T
Action Alert 12-08-98
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1
CALL FISH & GAME!
Don't let Pacific Lumber get away with any more violations!
The latest logging violations by Pacific Lumber have seriously degraded Bear River, a salmonid stream south of Headwaters (see adjoining Weekly Update for details.)
The Department of Fish & Game, the California Department of Forestry, and Water Quality officials documented that PL knowingly violated their timber harvest plan and caused serious damage to the stream in the presence of steelhead fry and young-of-the-year.
But now the Fish & Game Dept., which could impose a stiff penalty on the company, is refusing to enforce the law and fine PL for these blatant violations. They claim that the violations were "technical in nature," and that they did not result in significant damage.
The Fish & Game Code in section 1603.1 states "every person who violates Section 1603 is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation." Proving irreparable damage is specifically not required to invoke enforcement action under section 1603.1, but the record on the matter very clearly documents that Bear River and the salmon did in fact suffer such damage from these violations.
Please call on the agency to enforce Fish & Game Code section 1603.1
2
CALL FISH & WILDLIFE and U.S. ATTORNEY
Pacific Lumber destroys spotted owl habitat
In a related case, U.S. Fish & Wildlife is investigating recent actions where Pacific Lumber cut down an active spotted owl nest tree, home to a pair of owls, in Freshwater Creek. In Howe Creek, PL bulldozed a road right up to another owl nest tree and harassed the nesting owls out of the tree. Destroying or harassing an endangered species violates state and federal laws. USFWS reports that it is investigating the matter.
This case underscores the need for STRICT agency enforcement of the provisions of the Headwaters Habitat Conservation.
The agencies' actions in this incident do not inspire confidence in their ability or willingness to do this. UNLESS THE AGENCIES IMPLEMENT AND ENFORCE THE LAW NOW, why should we believe they will do so later?
Please contact these officials and ask them to enforce their own rules and impose the maximum fine possible on Pacific Lumber.
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