US Fish & Wildlife: DNR must change timber practices in the OESF
In 2024, The Olympic Forest Coalition (OFCO) settled its litigation on the Olympic Experimental State Forest (OESF) 2016 Land Plan (2018-2024), on the DNR violation of the State Lands Habitat Conservation Plan (HCP). The US Fish and Wildlife Service (USFWS) made several findings, including a new Biological Opinion and a clarification that DNR must follow the HCP. Wyatt Golding, Zionzt Chestnut lawyer and attorney for OFCO, gave OFCO’s public comment to the Washington Board of Natural Resources in May with the USFWS recommendations for changes. [Comments for OFCO by Attorney Wyatt Golding].
USFWS completed and signed the new biological opinion (BiOp) on March 21, 2024. The BiOp covered the entire HCP, not just the OESF, with a focus on bull trout and northern spotted owls, and climate. [link to BiOp parts]. Appendix A, at Pg. 250 of the BiOp, included correspondence between USFWS and DNR on agreed next conservation steps that DNR must take.
USFWS agreed with OFCO that the HCP always governs, and the OESF Land Plan cannot reduce its protections. The clarification pointed out serious inconsistencies where the HCP protections are controlling over the Land Plan:
- HCP requirements for Type 5 stream channel evaluation and protections continue to apply
- The OESF Land Plan’s “allotted acres” plan cannot reduce HCP protections.
- The OESF Land Plan lists management activities within interior-core buffers, which appear to be inconsistent with the HCP. The HCP indicates that timber harvest within the original function-based interior-core buffers is generally limited to restoration, thinning, and research.
- The HCP allows for flexibility for exterior buffers in the OESF, but also requires monitoring and adaptive management.
- The HCP requires DNR to both maintain, and aid restoration of riparian functions. This includes functions associated with wood, shade, peak flows, windthrow, channel and floodplain integrity, sediment regimes, and water quality and quantity.
The USFWS and DNR agreed to deadlines for DNR to complete planning required by the HCP. DNR committed to:
- Finalize a Headwaters Conservation Strategy by March 1, 2026.
- Complete a Comprehensive Road Network Management Plan by March 1, 2026
- Address salvage harvest procedures with USFWS.
- Develop and submit a formal wind-risk model monitoring and adaptive management program by March 1, 2025.
The final settlement agreement is before the federal court. Conservation organizations will remain vigilant to ensure DNR fulfills its commitments.
Please see links below to pertinent documents.
Link to: USFWS Bull Trout & Northern Spotted Owl Biological Opinion
Link to: Exhibit 1 USFWS Correspondence with DNR – 1997 State Trust Lands HCP
Link to: Exhibit 2 Conservation Recommendations (Excerpt)