[Forwarded to Tweeters with permission of Audubon-Washington - HO]

There is a good chance that in the next day or two, stories will begin
appearing in the news media reporting that the Washington State Department of
Natural Resources (DNR) has approved an application by the SDS Lumber Company
to log a Spotted Owl nesting site in the Columbia Gorge region.

We are sending out this message to provide a detailed explanation of the
action
taken by DNR. It's not as bad as it sounds. DNR merely used a legal maneuver
to deny SDS an opportunity to sue DNR for a "taking" of private property. The
actual logging will not occur (yet) as a result of this action.

In 1992, the SDS Lumber Company submitted a forest practices permit
application
to clearcut a stand of forest occupied by one of the most productive Spotted
Owl pairs in the Columbia Gorge area. The company deliberately targeted that
stand of forest with the sole intent of creating a "takings" case. That is,
SDS wanted to have the permit denied so they could sue DNR under the takings
clause of the 5th amendment. The intent was to try and establish a legal
precedent that would weaken both the federal Endangered Species Act and DNR's
regulatory authority under the state Forest Practices Act.

SDS refused to negotiate any compromises with DNR and refused to use any
provisions of state law that allowed more flexibility in complying with
wildlife protection requirements.

On Friday, Janauary 16, DNR approved SDS's forest practices permit
application,
BUT placed a condition on the permit that requires SDS to obtain an Incidental
Take Permit from the U.S. Fish and Wildlife Service before proceeding. The
state Forest Practices Act allows DNR to place such conditions on permits.
Consequently, although on paper SDS has an approved permit from the state, the
permit is not valid unless SDS is in compliance with the federal Endangered
Species Act.

By taking this action, DNR has placed the full responsibility for protecting
the owl habitat on the federal government. To obtain a federal Incidental
Take
Permit, SDS must submit a Habitat Conservation Plan--which they undoubtedly
will not do, since their sole intent from the beginning has been to challenge
wildlife protection laws, not conserve habitat. DNR feels the permit approval
with conditions limits its liability (but admits that even this trick may not
keep them from getting sued).

We'll have to wait and see how SDS and the federal government respond, but for
the time being, the owl nesting site is safe. Stay tuned.

Tim Cullinan
Audubon-Washington