At the October 6 meeting of the Oregon Board of Forestry (OBF), the board instructed the Oregon Department of Forestry (ODF) to move forward with a Habitat Conservation Plan (HCP) on the 730,000 acres of state forests it manages in western Oregon.

ODF is currently in the process of developing an HCP to manage the forests in accordance with the federal Endangered Species Act (ESA). Like all landowners, ODF must comply with the federal ESA and they do so currently through a process known as “take avoidance.” 

The ESA broadly defines “take” to include a broad range of actions, such as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect an endangered wildlife species, or any attempt to engage in such conduct.  To avoid take, ODF must perform extensive species surveys prior to harvest. 

The federal government, in order to alleviate the uncertainty surrounding a “take avoidance” strategy, allows landowners to enter into an HCP, which is a long-term agreement with federal agencies required as part of an application for an incidental take permit. Incidental take permits can be helpful in natural resource management to streamline decision making and allow for otherwise lawful activities that may result in take of endangered or threatened animal species. 

The HCP included with the permit maintains that the effects of the incidental take are sufficiently minimized and mitigated. Ultimately, the goal of an HCP is to allow for protection and enhancement of habitats for “threatened” and “endangered” wildlife species, while simultaneously allowing for natural resource management to continue. 

As written, the draft HCP presented to the OBF takes over 50 percent of state managed forests in western Oregon out of production as protected habitat. Tillamook County Commissioner David Yamamoto, chair of the Council of Forest Trust Land Counties (CFTLC), is of the opinion that the current modeling of harvest numbers and revenue projections are insufficient to support ODF’s budget, violates the State’s contractual obligations to the trust counties and does not reflect greatest permanent value.  Additionally, counties are concerned that the plan gives little consideration of western rural economies, the family wage jobs with full benefits provided by the forestry industry and the schools, 911 districts, sheriff patrols, and other public services supported by the harvest revenues that will suffer without adequate timber revenues. “This allocation of land will be permanent and fixed for at least the 70-year term of the HCP,” Commissioner Yamamoto said of the draft HCP. “This produces stability and certainty for wildlife habitat interests. On the other hand, timber harvest, and all of the economic and social benefits that it brings to our communities, is treated as simply a residual output…it is what you are left with after dedicating over 50 percent of the land base to habitat.”

After limited virtual testimony (those wanting to testify were required to sign up in advance with limited availability) from varying perspectives supporting, opposing and/or requesting additional time before action, the OBF chose to unanimously support ODF moving forward with the next step in the HCP process: finalizing the draft HCP and advancing the HCP effort into the National Environmental Policy Act (NEPA) process. If ODF moves forward on their anticipated timeline, they will finalize the HCP during the spring of 2021 and submit the HCP to the federal government to begin the NEPA process. The process takes some time, and it is anticipated that it will not be completed until 2022. Once ODF receives approval from the federal agencies, the HCP implementation will be subject to another vote by the OBF. 

The CFTLC is working with ODF to remain engaged in the HCP and NEPA processes moving forward through the Forest Trust Land Advisory Committee. 

Contributed by: Lauren Smith | Legislative Affairs Manager