All posts by Bronwen

Lawsuit brought to protect Oregon Coast coho from damaging Oregon Department of Forestry Logging

A group of environmental organizations is seeking to hold Oregon’s Department of Forestry accountable for its logging practices on Oregon State Forests.  This logging is damaging water quality and harming habitat for threatened Oregon Coast coho.  The coho are protected under the Endangered Species Act.  Below is an Oregonian article about the suit:

Environmentalists, fishing groups sue state over fate of coastal coho salmon

(Courtesy/Center for Biological Diversity)

A coalition of groups, including both environmental advocates and fishing industry representatives, sued the Oregon Department of Forestry alleging the agency has failed to protect the habitat of the iconic fish.

The groups said logging practices permitted by the agency have degraded stream quality in the Clatsop and Tillamook State Forests, the two largest in Oregon.

The Center for Biological Diversity, Pacific Coast Federation of Fishermen’s Associations, Institute for Fisheries Resources, Cascadia Wildlands and the Native Fish Society filed the lawsuit in U.S. District Court in Eugene on Tuesday.

The lawsuit is specific to Oregon coast coho salmon, which have been listed as threatened under the federal Endangered Species Act since 2011.

“Logging by the Oregon Department of Forestry is one of the main reasons our coastal coho are in trouble,” Noah Greenwald, endangered species director at the Center for Biological Diversity, said in a press release. “The department needs to do more to ensure it doesn’t harm these beautiful and important fish.”

Ken Armstrong, a spokesman for the forestry department, said the agency couldn’t comment on pending litigation.

The groups who brought the suit hope the court will find Oregon in violation of the Endangered Species Act. The suit aims to stop logging in the two state forests until the agency submits a plan to better protect the threatened fish.


Timber is Oregon’s biggest carbon polluter, High Country News Article

Timber is Oregon’s biggest carbon polluter: A new study finds that forests are key to reducing the state’s climate impacts.

High Country News, May 16, 2018
by Carl Segerstrom


Last summer, the skies of Oregon turned a foreboding shade of gray. Forest fires up and down the state blackened forests and left people gasping for air. Politicians stumped about the need to ramp up logging to improve Oregon’s air, environment and economy. The fires and heated rhetoric got Oregon State University researcher Beverly Law thinking about carbon storage and emissions from Oregon forests.

Because of the human health impacts of smoke, the conversation about pollution and forests is typically centered on fires. But the study Law and her colleagues put together earlier this year found that wildfire is not the biggest source of climate-warming carbon dioxide in Oregon forests — logging and wood products are. Figuring out the role of forests and wood in carbon pollution could have major policy implications in Oregon, as Gov. Kate Brown has pledged to meet the emissions goals of the Paris Climate accords.

A house threatened by a forest fire in central Oregon.

The conversation about carbon pollution often centers on emissions from automobile tailpipes and burning coal, but plants that absorb carbon from the atmosphere are also an important part of the equation. According to the study, Oregon’s ecosystems were able to soak in more than 70 percent of the carbon emissions in the state between 2011 and 2015. The ecosystems of Oregon’s Coast Range, which are part of an ecosystem that runs from Northern California to the Tongass National Forest in Alaska, are some of the best in the world at sucking in and storing carbon.

While Oregon forests absorb a lot of carbon, the team of Oregon State University and University of Idaho researchers found that the wood products industry is the largest sector contributing to carbon pollution in the state and “that in a relative sense, fires are small for carbon loss,” Law says. The wood products sector generated about one and a half times more emissions than the transportation or energy sector emissions reported by the Oregon Global Warming Commission. Wood product emissions are the result of fuel burned by logging equipment, the hauling of timber, milling, wood burned during forestry activities, and the ongoing decomposition of trees after they are cut. Forest fire emissions were less than a quarter of all forest sector emissions in each of the five-year increments studied between 2001 and 2015.

Wood produced under Oregon forestry laws is marketed as being environmentally friendly; it’s eligible for LEED certification, a standard for green building, according to the state-run Oregon Forest Resources Institute. But the analysis done by these researchers, which calculated the carbon generated by harvest and product emissions found that, despite offset credits that account for substitution of fossil-fuel intensive products like steel and concrete, wood is still a major producer of carbon dioxide. “I love wood and it would be nice to have wood buildings in the Northwest because they take earthquakes better,” says Law. But “we think we’ve been giving wood too much credit” as a green building material, she says.

While the study paints a bleak picture of the current role forestry and wood products play in carbon pollution, it also puts forward solutions to reduce pollution and improve Oregon’s carbon budget. The study found that if forests were clearcut less frequently and public lands logging was reduced there would be significant improvements in carbon capture in Oregon’s forests. Habitat conditions and water retention in forests would also improve.

Large privately owned forests, which are typically clearcut and then replanted with Douglas firs, are the primary source of timber in Oregon. Large private companies own about 20 percent of the forestland in Oregon and produce about 63 percent of timber in the state, according to the Oregon Forest Resources Institute. Currently these tree plantations are cut roughly every 45 years.

The study shows that extending the time between harvests to 80 years and cutting harvests in publicly owned forests in half would increase carbon storage in Oregon forests by 17 percent by 2100.

These shifts would come with a cost: Managing forests solely for their pollution absorbing potential will mean less jobs in an industry that has severely contracted over the last few decades. Reductions in federal harvests, the growing automation of timber falling and milling and competition with international markets have taken chunks out of Oregon’s timber economy. The wood products industry accounted for less than 30,000 jobs statewide in 2016 and was responsible for about 2 percent of the state’s GDP, according to a presentation by Josh Lerner with the Oregon Office of Economic Analysis. Still, in five rural counties timber still accounts for more than 10 percent of private sector jobs, according to Lerner’s report.

And Law’s research could have regional implications. She is working on a larger scale study looking at how land use affects carbon emissions across the West. Stanford forest carbon researcher Christa Anderson says studies like these are important to understand the impact of land use and forests in the carbon balance of the atmosphere.

Anderson, whose research has informed climate policies in California, says that forests can play a part in slowing climate change but that growing forests won’t be enough to solve climate change. “There’s definitely a role for forests to play in climate change mitigation,” Anderson says. “But we also can’t think of them as the heavy lifters.”

Carl Segerstrom is an editorial intern at High Country News.

Copyright © High Country News

Testimony to the Oregon Environmental Quality Commission Regarding DEQ Enforcement Responsibilities

Statement of Mary Scurlock
Provided by call- in testimony to Dalles Meeting
11 May 2018

I am Mary Scurlock, representing the Oregon Stream Protection Coalition’s 25 conservation and fishing industry member groups united in support of stronger, science-based forest practices standards that reliably meet water quality standards and protect aquatic life on Oregon’s 10.6 million acres of private forestland.

You will recall that I have been encouraging this Commission to recognize that it has not actually delegated all of its Clean Water Act authority for nonpoint sources to designated management agencies such the Departments of Forestry or Agriculture. To the contrary, when it comes to the determining the sufficiency of the best management practices established under the Forest Practices Act, DEQ is quite clearly still the primary enforcer of water quality standards, including nonpoint source Load Allocations and TMDLs. (See e.g. Memorandum from Larry Knudsen, Senior Assistant Attorney General, to Neil Mullane, Water Quality Division Administrator, July 2, 2010, 5 pages).

Yet while it is clear that water quality standards and Load Allocations are not being attained due to land use impacts in many Oregon watersheds, DEQ has not effectively held the responsible parties accountable.

You may recall that I shared some EPA maps with you recently? One of them showed that 80% of streams within the Rogue-Siskiyou assessment area that travel over privately managed forested lands are listed for temperature, or sedimentation-turbidity. Yet, this region was inexplicably completely exempted from a recent rulemaking by the Board of Forestry to limit stream warming, only a small fraction of streams received increased protection even in western Oregon, and the status quo prevails on the Eastside.

These are a few of the reasons why we are so strongly supportive of the work DEQ is doing to specifically describe the responsibilities of the various Designated Management entities for water quality standards attainment, including through “Implementation Ready” TMDLs such as those being developed on the Mid Coast. But this critically important work is proceeding far too slowly with far too few resources: DEQ couldn’t even come close to meeting the timelines of the settlement agreement for the Coastal Zone on the Mid Coast work.

DEQ needs to step up its game meet its water quality obligations to the public. That will require EQC leadership to achieve nonpoint source compliance – but it will also require additional resources.

I regret that I am not be able to hear the presentation this afternoon on potential Policy Option Packages, but it is apparent the work that I am talking about would be supported by one or more the Water Quality items, including the one related to TMDL implementation.

Please do what you can to prioritize resources to the kind of monitoring evaluation and analysis that will help DEQ hold ODF and other Designated Management Agencies accountable for actually reducing nonpoint sources of water quality impairment.

Our future and our quality of life depend on it.

Thank you for hearing me again today.

Mary Scurlock
Oregon Stream Protection Coalition
503-320-0712 (m)
503-946-8628 (o)

Testimony to the BOF on State Forest Management

Download the testimony as a PDF

Statement of Mary Scurlock
Oregon Stream Protection Coalition
25 April 2018
Agenda Item 7: State Forest Management Plan

I am Mary Scurlock for the Oregon Stream Protection Coalition, a federation of twenty-five
conservation and fishing organizations supporting my advocacy to protect freshwater
ecosystems on Oregon’s nonfederal forest landscape.

I appreciate the Board’s thoughtful conversation around state forests today, and especially
your commitment to consideration of best available science to develop a durable management
plan that integrates the state’s goals for management of state forests’ valuable natural
resources and merits federal assurances under the Endangered Species Act.

Today I’d like to highlight significant recent findings about the relationship between forest
management and water flows that were the subject of an April 4 conference at the Pacific
Northwest Research Station in Corvallis entitled “Summer Low Flows in Western Oregon:
Processes, Trends, Uncertainties, and Forest Management.” The meeting was organized by
the Research Station, BLM, Weyerhaeuser Company and NCASI.

Tim Perry and Julia Jones of OSU published a study in 2016 that analyzed long-term paired
watershed data from experimental forests in Oregon. (Enclosed). The results extend and
sharpen previous analyses of post-logging effects on instream flow, concluding that after an
initial 10-15 year period of increased baseflows (late spring, summer and early fall), stream
flows are reduced by about 50% for a period lasting from 15 to at least 50 years. These
persistent low flows resulted where more than half the catchment area was logged – that is,
where less than half the watershed area remained in mature and old growth forest. The
ultimate timeframe for return to the higher base flow conditions observed before logging
remains unknown. It could be 60 years, or it could be 120, or more.

The hydrologic explanation for low flow depletion appears to be increased evapotranspiration
in second-growth forests due to greatly reduced water use efficiency and also, possibly,
increased physical evaporation (from soil, or from condensation on the outside of foliage,
etc.) in second-growth compared to mature and old growth conifer forests. The relatively
consistent and sustained low flow deficits among the study basins supports the applicability of
the results to logged watersheds across the Pacific Northwest, particularly where Douglas fir
is the dominant tree species.

A key take home message from the conference is that not only are the findings of the Perry
and Jones (2017) study broadly relevant to forest managers, but not one of the paper’s
findings or speculative discussion points were scientifically challenged at the meeting. Given
the credibility of this new science, this Board will have to grapple with its implications in a
variety of policy forums, including in state forest planning in basins where ODF is majority
owner such as the Trask, Kilchis, and Wilson rivers.

Other important take-aways from the conference are:

• It’s not just small headwater streams that are affected by persistent low flows; in
most cases streamflow decreases will aggregate to reduce flows downstream;

• We can’t prevent or even mitigate for flow depletion with riparian buffers

• Modified harvest practices like thinning or staggered short-rotation clearcuts are
also likely to be ineffective at reducing or mitigating depletion of streamflows;

• Past widely-cited textbook claims and assumptions in agency plans and
assessments of a 10-15 year “hydrologic recovery” after clearcut logging are
fundamentally wrong and do not represent current science.

We strongly support more research to better predict, understand and prevent the low flow
effect, but available science is indisputable that the effect real. The management implications
seem clear: if we truly want to conserve water and the species and human communities that
depend on it for life in an era of climate change, more short-rotation logging is not in the
cards. More older forests and longer-rotation forestry will be needed to protect and stabilize
water flows.


Jones , J.A., and D.A. Post. 2004. Seasonal and successional streamflow response to forest
cutting and regrowth in the northwest and eastern United States. Water Resources
Research 40:W05203. doi:10.1029/2003WR002952. Online at:

Perry, T.D., and J.A. Jones. 2016. Summer streamflow deficits from regenerating Douglas-fir
forest in the Pacific Northwest, USA. Ecohydrology 2016:1-13.
DOI10.1002/eco.1790.  (Enclosed)

Luce, C. H., & Holden, Z. A. 2009. Declining annual streamflow distributions in thePacific
Northwest United States, 1948–2006. Geophysical Research Letters 36(16): L16401.
Online at:

Testimony Before the Environmental Quality Commission re Meeting Water Quality Standards in the Siskiyou and Eastern Oregon

Download PDF of the Testimony

Statement of Mary Scurlock during General Public Forum
22 March 2018

I am Mary Scurlock, representing the Oregon Stream Protection Coalition’s 25 conservation and fishing industry member groups united in support of stronger, science-based forest practices rules that reliably meet water quality standards on Oregon’s 10.6 million acres of private forestland.

Today I continue my effort to keep the Commission engaged on developments at the Board of Forestry on matters related to attainment of water quality standards.

As you know, the water protection rules in the hottest, driest regions of Oregon were excluded from the modest improvements for Salmon, Steelhead and Bull Trout streams that became effective in 2017, i.e the Siskiyou and the two regions in Eastern Oregon.  At the Board’s March 7 meeting, it directed a monitoring project to gather information relevant to stream protection in the Siskiyou Region — but not in the two eastern Oregon regions as follows:

Option 2 – Modified Siskiyou Alternative: Conduct a study to assess the effectiveness of FPA streamside protection rules in the Siskiyou geographic region on Type F stream types and size medium and small streams to meet the purpose and goal for healthy streamside forests (desired future condition, “DFC”), and water protection relating to stream temperature and shade. Utilize research and monitoring data from peer-reviewed scientific articles, unpublished “gray” or “white” literature, TMDL analyses by Oregon Department of Environmental Quality, watershed council data or analyses, status and trend data on fish populations, streamside and fish habitat data, and voluntary measures on non-federal lands to inform the monitoring study. Begin with a literature review of this information. 

This is a positive, though extremely limited step

We urge the Board to direct DEQ’s active engagement in this important project to ensure consideration of information relevant to the practices needed to meet both the Protecting Coldwater Criterion and TMDL load allocations for temperature and sediment-related parameters.

We further urge the Commission’s attention to the continued exclusion of Eastern Oregon from meaningful adaptive management work.  There are significant amounts of private timberland in these regions – approximately 3.4 million acres – and despite widespread federal and state listings of fish since the current rules were developed the 1994 rules remain in place.

As the EPA-generated maps I have provided illustrate, even with incomplete monitoring data, an extremely high proportion of the streams running through private forestlands in Eastern Oregon are impaired for temperature and sediment-related parameters:  68% in the Eastern Cascades and 64% in the Blue Mountains.   (This number is 80% for the Rogue/Siskiyou).  These numbers are alarming.

I am further providing a letter from the Columbia River Intertribal Fish Commission that expresses extreme concern:

The Commission’s information and belief is that the current riparian protections on private forestlands in Eastern Oregon are not adequate to protect salmon, steelhead and lamprey and that stream temperature, in particular, is an issue of immediate concern. There is enough evidence to – at a minimum – spark an investigation into whether this is indeed true. The Board has a duty to monitor its rules to determine whether they actually meet the standards they implore that they meet and insure landowners against violating.

We are in accord.  The high resource risk associated with current stream protection rules in Eastern Oregon, particularly in a changing climate, justifies inclusion of these ODF regions in monitoring efforts as soon as resources allow.   I note that both ODF and DEQ have un-kept commitments to determine the sufficiency of the default forest practices rules to meet TMDLs now in effect in eastern Oregon.  It is well within this Commission’s bailiwick to direct that action be taken to determine the adequacy of current forest practices BMPs in Eastern Oregon.

We already know from existing research that stream temperatures in the Grande Ronde Basin of northeast Oregon are limiting overall summer density and abundance of juvenile steelhead and chinook salmon, that increased stream shade can produce significant reach-scale stream cooling that directly benefits salmonids, and that themal refugia associated with cold tributaries and groundwater upwelling sites help sustain juvenile salmonids during the warmest hours of the day in mid summer.  (Ebersole 2003).  This means that under prevailing conditions: 1) any loss of shade translates into lost fish population abundance and productivity, 2) tributary warming from near-stream forest harvest, including thinning, likely harms salmonids, and 3) improved riparian shade cover will benefit salmonid populations.

Respectfully submitted,
Mary Scurlock 

EPA Region 10. 2017.  Memorandum from P. Leinenbach, R10 EPA to A. Henning, R10 EPA Re: River distance associated with 303d segments with temperature/sedimentation/ turbidity listings within the Rogue/Siskiyou,and Blue Mountain assessment areas in Oregon. 3 pp.
2)  Columbia River Intertribal Fish Commission, Letter from Executive Director Jaime A. Pinkahm to Oregon Board of Forestry Chair Tom Imeson dated March 7, 2018.  (3pp, with one attachment, 2pp)

Testimony to the Board of Forestry regarding the need to protect and monitor aquatic resources in Eastern Oregon

Download the testimony

The Oregon Stream Protection Coalition supports the staff recommendation to move forward with the “Modified Siskiyou Alternative,” but we further urge the Board to recognize that there is reason to be concerned about whether the Board is meeting its obligations to protect and monitor aquatic resources in Eastern Oregon.

Available information supports an equally pressing need for adaptive management attention to Eastern Oregon as to the Siskiyou. There is not sufficient evidence that reliance on voluntary measures alone is an adequate approach.

Many Eastern Oregon streams are impaired for parameters associated with forest practices: at least 68% of streams that pass through private forestlands in the Eastern Cascades region are listed for temperature/sedimentation/turbidity, and at least 64% for the Blue Mountains region. (EPA 2017).

We also know from research that stream temperatures in the Grande Ronde Basin of northeast Oregon are limiting overall summer density and abundance of juvenile steelhead and chinook salmon, that increased stream shade can produce significant reach-scale stream cooling that directly benefits salmonids, and that thermal refugia associated with cold tributaries and groundwater upwelling sites help sustain juvenile salmonids during the warmest hours of the day in midsummer. (Ebersole 2003). Overall, existing information indicates that: 1) under prevailing conditions, any loss of shade is likely to translate into lost fish population abundance and productivity, 2) warming of tributary streams resulting from forest thinning in near-stream areas likely harms salmonids in receiving waters, and 3) improvements in riparian shade cover can be expected to benefit salmonid populations.

The high resource risk associated with current stream protection rules in Eastern Oregon, particularly in a changing climate, justifies inclusion of these ODF regions in monitoring efforts as soon as resources allow. Regardless of when a monitoring program effort is initiated for eastern Oregon, we hope dialogue about these issues will continue at the Board level.

(1) Memo  from Mary Scurlock to the Oregon Board of Forestry Re: Information relevant to the need for adaptive change to riparian protection on private forestlands in Eastern Oregon. 13 pp.

(2) EPA Region 10. 2017. Memorandum from Peter Leinenbach, R10 EPA to Alan Henning, R10 EPA Re: River distance associated with 303d segments with temperature/sedimentation/ turbidity listings within the Rogue/Siskiyou, and Blue Mountain assessment areas in Oregon. 3 pp. 

See also  Columbia River Inter-Tribal Fish Commission’s Comments to the Oregon Board of Forestry regarding riparian protections in Eastern Oregon  

Protect Southern Oregon streams: Guest Opinion in the Mail Tribune

As a business owner, landowner and frequent explorer of the pristine lands of Southern Oregon, I am concerned with the clearcut methods used on private logging lands in the Siskiyou region. I grow organically certified Chinese medicinal plants for practitioners, tea wholesalers and medicine manufacturers in the Little Applegate Valley. The health of my business depends upon healthy rivers and streams.

Clearcutting on private forest lands contaminates our rivers with silt and herbicides, decreases the resiliency of our forests from fire, warms our streams so they can’t support healthy salmon populations and scars the landscape. Many of my community members share a similar sense of loss and frustration from current private logging practices. We understand that logging is a necessity in Oregon and we also know that best practices are an evolution. This is why it is critically important that increased protections for streams that support salmon, steelhead and bull trout are applied to private forest lands in the Siskiyou region.

Right now, streams in southwestern Oregon are left with weaker protections on private forest lands than in the rest of Western Oregon. This exclusion means that logging practices that cause stream warming, in likely violation of the federal Clean Water Act, will continue to be permitted in our region. The science is clear that removing trees near streams contributes to warming stream temperatures that harm native fish, including threatened salmon.

The need to increase stream protections from logging has been clearly identified by the state scientists and several federal agencies. Streamside trees provide needed shade to keep water temperatures cool and filtration for sediment and contaminants that may otherwise enter into the waterways. Many streams in the Rogue watershed are already impaired by warm temperatures, which support habitat for threatened populations of coho salmon. Small and medium streams that support salmon, steelhead and bull trout that would qualify for the increased protections under the proposed rule currently have a less protective standard. The Oregon Board of Forestry has a responsibility to manage and protect these forests and their waterways and should include the Siskiyou Region in their new, more protective stream buffer ruling.

In our forests we must strive for balance. Responsible thinning, resilient forests, non-toxic management methods, healthy waterways, appropriate stream buffers and a respectful awareness of people who live in these areas are all ways in which we should think about our forests, whether public and private. As a local landowner and business owner, I’ve seen first-hand the impacts of current logging practices on private lands. The Board of Forestry has an opportunity to push for change toward resilient Southern Oregon forests and waterways by improving protections for Southern Oregon streams. The board will meet on Wednesday, March 7 to discuss this issue. Please don’t leave our Siskiyou region behind.

— Jonathan Major of Jacksonville is the owner of Still Moon Farm.

OSPC Testimony Re: Update on scoping riparian protection monitoring questions, methods and timelines in eastern Oregon and Siskiyou geographic regions

Mary Scurlock, Oregon Stream Protection Coalition
Re: Update on scoping riparian protection monitoring questions, methods and timelines in
eastern Oregon and Siskiyou geographic regions
(Agenda Item 9)
January 3, 2018 (transmitted to the Board on January 5, 2018)

Download this testimony as a PDF

Thank you for the opportunity to testify on behalf of Oregon Stream Protection Coalition’s 25 national, regional and local organizations.

We continue to urge the Board to focus on its clearest, most unequivocal, mandatory duty: to meet water quality standards through the stream protection rules. Your duty here is to serve the interests of the public at large, not only those of the regulated community.  And while the Forest Practices Act urges you to seek the least burdensome regulatory solutions, these solutions must nonetheless actually meet water quality criteria, including the Protecting Coldwater Criterion.

This Board has long had before it, via the RipStream study, strong evidence that current stream protection rules are inadequate to meet the Protecting Coldwater Criterion applicable to Salmon, Steelhead and Bull trout streams and upstream reaches that feed them.  You have decided on at least two separate occasions since these study findings first came to you in 2009 that not to act on this evidence to make a rule change in either Eastern Oregon or in the Siskiyou. Yet neither of these decisions was supported by evidence that valid inferences could not be made to either region, nor has this Board acted to date to collect additional evidence. (This Board specifically chose in 2012 not to include studies from interior forests in its scientific evidence review for the SSBT rule, guaranteeing that Eastern Oregon would remain “out of scope” on the question of rule adequacy for stream temperature).

There is no question that the Board has a duty to monitor its rules to determine whether they actually meet water quality standards. It is important to remember that the OFPA explicitly provides assurances to landowners that they will not be prosecuted for water quality violations if they follow these rules. The Board’s priority should be to validate that the rules merit what amounts to a blanket statutory finding of legal sufficiency. Otherwise this whole arrangement is just a shell game.

From where I sit the current situation in the Siskiyou and Eastern Oregon rises to a dereliction of duty.

I repeat my admonishment to you made at prior meetings: the best available evidence supports a working presumption that the current rules are inadequate in eastern Oregon and in the Siskiyou and that sensitive resources are being degraded. There are strong inferences that can be made from existing research that likely can be validated or calibrated short of launching an entirely new long-term research study.

Eastern and Southern Oregon streams are not more complex than other streams in terms of temperature and shade relations, and there is no credible reason to believe that current rules are working any better there than they are in western Oregon.

The need to act in the Siskiyou is illustrated by widespread elevated water temperatures, the findings of EPA and NOAA Fisheries with regard to their CZARA disapproval of Oregon’s nonpoint plan and with NOAA Fisheries findings in its recovery plan for southern Oregon Coastal Coho and other sources.

The need to act in Eastern Oregon is illustrated by widespread elevated water temperatures and the recognition that forest practices on private lands are a problem for imperiled coldwater fishes in science-based federal recovery planning documents (see e.g. USFWS Columbia River/Klamath Bull Trout ESU Recovery Plan, 2002 and others), and other sources. There is a significant amount of private forest land in the Eastern Cascades and Blue Mountains regions, as illustrated by the attached maps from Trout Unlimited. Many acres overlap with salmon, steelhead and bull trout streams and connected upstream reaches.

We note that Washington state’s rules protect all available shade within 75 feet of Bull Trout streams east of the Cascade crest in Washington and requires significant retention of overstory trees outside that area on most streams — a region comparable to eastern Oregon. Oregon’s buffers provide only a 20 foot no cut buffer and relatively low basal area requirements that often result in 20 feet being the total size of the buffer on small and medium streams.

I commend to you the testimony of Rogue Riverkeeper dated January 3, 2018 encouraging you to approve a monitoring project focused on the Protecting Coldwater Criterion in Eastern Oregon and the Siskiyou at your next meeting in March.

Respectfully submitted,
Mary Scurlock, Coordinator
Oregon Stream Protection Coalition


Eugene Weekly Article: Throwing Shade, or Not: Oregon missing out on EPA funds for clean water programs

Summary:   The State of Oregon has been losing EPA funding because of its failure to adequately protect Oregon’s coastal watersheds.  Although Oregon’s own scientific study found that Oregon’s laws for stream buffers on private timberland did not insure adequate protection for cold water, Oregon has been unwilling to step up and address the issue through adequate regulation.  New rules to increase buffers on some fish-bearing streams are a step in the right direction, but the rules are still not strong enough to protect cold water in streams.  Oregon’s inaction in turn harms watersheds because it leads to reduced money from the EPA for the DEQ and projects to improve watershed health.

Throwing Shade, or Not: Oregon missing out on EPA funds for clean water programs

by Carl Segerstrom
Eugene Weekly
October 26, 2017

Photo: Ed Cooley
Photo: Ed Cooley

On Oct. 4 the Environmental Protection Agency announced it was granting $1.7 million to Oregon’s Department of Environmental Quality (DEQ) to help with projects and programs that reduce water pollution. In the press release, EPA administrator Scott Pruitt says the “EPA is making investments like this grant to help empower states who know best how to protect resources, and grow their economy while solving real environmental problems in local communities.”

But there’s a problem with Pruitt’s statement: The EPA doesn’t think Oregon “knows best how to protect its resources.”

Since 2015, the state has lost more than $1 million in funding from the EPA’s nonpoint source water pollution program because federal agencies say Oregon isn’t doing enough to protect coastal watersheds from forestry practices.

Losing this money reduces federal funding for DEQ staff and takes funding away from projects that promote healthy watersheds. But federal agencies say significant measures haven’t been taken to address the concerns of federal regulators.

Forestry Pollution

According to EPA spokesman Mark McIntyre: “Reevaluation of Oregon’s program will begin when Oregon informs the agencies that it has addressed all of the coastal nonpoint program conditions and provides supporting documentation. The agencies continue to encourage Oregon to continue to improve and refine its program to satisfy all coastal nonpoint program requirements.”

Nonpoint sources of pollution are any pollution source that doesn’t come directly from a single area, such as a factory or sewage treatment plant. Pesticides, oil on roadways and sediment from landslides are a few examples of nonpoint sources.

One of the most common causes of nonpoint source pollution is the warming of waters that lose shade cover due to human activities like logging, road building and floodplain development.

According to a DEQ report published in June, pollution from nonpoint sources accounts for nearly 75 percent of state waterways that exceed legal pollution limits.

Each year since 2015, the EPA has reduced funding by 30 percent of the previous year’s grant level. The penalty stems from disapproval of Oregon’s coastal nonpoint pollution control program (CZARA) by EPA and the National Oceanic and Atmospheric Administration (NOAA).

The federal agencies found that Oregon “has not implemented or revised management measures, backed by enforceable authorities” to protect riparian areas for small and medium-sized fish bearing and non-fish bearing streams; to address the impacts of forest roads; to protect high-risk landslide areas; or to ensure adequate stream buffer herbicide application, particularly on non-fish bearing streams.

Industry groups and state agencies have pushed back against the decision. In a March 2016 statement titled “Refuting the CZARA disapproval,” the Oregon Forest and Industries Council states, “The federal agencies are in error, and their continued focus on forestry is puzzling.”

OFIC states that “Oregon has a sound and thorough defense of its regulation and outcomes around all issues raised by the EPA and NOAA — a defense that is backed by extensive research and monitoring.”

The organization argues that the goal of federal regulators “seems to be the implementation of prescriptive regulations rather than achieving positive environmental outcomes based on rigorous science.”

Shading the Water

One of the best ways to reduce these pollutants is by planting shade cover along waterways and reducing runoff by slowing down polluted water with berms and native vegetation that naturally filter water before it gets to streams and rivers.

In the Eugene area, the Long Tom Watershed Council receives grants from the EPA nonpoint source program that aids them in partnering with local businesses and manufacturers to reduce water pollution.

But Oregon will keep losing money for these types of projects if it doesn’t meet federal standards for water protection on the coast.

Though the state DEQ receives federal funding and is responsible for administering water quality programs under the Clean Water Act, Oregon state law gives the Board of Forestry and Oregon Department of Forestry (ODF) the authority to set rules for logging near water bodies.

Coastal rivers are habitat for cutthroat trout and chinook, steelhead and coho salmon — all of which are considered “species of greatest conservation need” by the Oregon Department of Fish and Wildlife. Elevated water temperatures, sediments and herbicide levels in streams and rivers can have harmful effects on these iconic and economically valuable species.

One of the principal means of protecting these fish and the watersheds they depend upon is requiring a buffer of forested area around streams and rivers during logging operations. Federal regulators listed buffers for fish bearing and non-fish bearing streams as a primary concern when they decided not to approve Oregon’s coastal water protection plan.

Both California and Washington have larger forest buffer requirements and coastal pollution programs than are approved by federal regulators.

On July 1, the Board of Forestry put in place new streamside buffer rules that provide additional protection for rivers and streams.

The board’s decision was informed by data from ODF’s multiyear and multi-million dollar RipStream study that tracked the impacts of Oregon Forest Practices rules for private timberlands and compared them with ODF’s own management practices. The study found that Oregon’s laws for stream buffers on private timberland did not insure adequate protection for cold water.

In correspondence with EW, ODF public affairs director Ken Armstrong writes that the Board of Forestry used the study, “including its limitations and uncertainties, to establish new rules and best management practices to ensure that forest practices meet the ‘Protecting Cold Water’ criterion of the water quality standard to the maximum extent practicable.”

Implementing the new buffers, which will reduce the timber that operators can harvest, is expected to cost timber owners upwards of $100 million. Small timberland owners will receive some exemptions under the new rules.

The new buffer rules put in place by the Board of Forestry don’t match the buffer distance that ODF’s study models found necessary to keep stream warming below 0.3 degrees Celsius.

Data from ODF’s RipStream study found that, on average, a treed area of at least 90 feet was necessary to prevent warming the water above 0.3 degrees Celsius. Under the rules adopted by the Board of Forestry in July, medium-sized fish bearing streams would get 80-foot buffers and small fish bearing streams would get 60-foot buffers.

In testimony to the Environmental Quality Commission, OFIC representative Heath Curtiss argues that the new rules are based on different management practices than those modeled by the RipStream project. He says the approach adopted in the new rules “has not been modeled, and we believe it is likely that, given an opportunity to implement the rule and observe the results, the new prescriptions will prove efficacious.”

Bob Van Dyk, the Oregon and California policy director for the Wild Salmon Center, says the rulemaking was a step in the right direction but doesn’t go far enough to protect salmon habitat and prevent warming rivers.

“The buffers that the Board of Forestry picked are less than what ODF and EPA science has shown is necessary to prevent stream warming,” Van Dyk says, adding that salmon advocates are worried about the effects climate change might have in further warming these coastal watersheds and have raised concerns that the new rules left out many Southern Oregon watersheds, which have significant salmon populations.

Van Dyk says the new rules are “a political decision about what we value, not just a science decision.”

ODF’s Armstrong writes, “While most everyone agreed the decision was not easy, the Board reviewed and weighed the merits of the various proposals and adopted a policy believed to provide the least-burdensome impact to landowners while also meeting the Protecting Cold Water standard.”

Whether Oregon can prove to federal regulators that the new rules go far enough to protect coastal watersheds, and that EPA should stop withholding funding, is the million-dollar question.


The article previously stated that there were new rules for non-fish bearing streams, it has been corrected. There are no new rules protecting non-fish bearing streams.