Cypress forest protection runs head-on into state agency/logging collusion

Why participate in an Advisory Panel when so often it is a waste of time?

Advisory Panels can provide valuable input to government agencies, so long as their members don’t subvert the process because the report of the panel doesn’t say what they want it to. Take for example the Advisory Panel to the Science Working Group on Coastal Wetland Forest Conservation and Use (the Cypress Forest SWG for short) formed in 2004 by Governor Blanco in response to a growing controversy over whether Section 404 of the Clean Water Act requires that a property owner obtain a permit from the Corps of Engineers if they plan to harvest a forest that will not regenerate.

Louisiana’s coastal wetland forests are of tremendous ecological, cultural and recreational value. These wetland forests are uniquely suited to reduce the negative impacts of nutrient pollution, provide flood water storage, and serve as important habitat for fish and wildlife. While Louisiana’s wetlands face a number of serious threats, such as coastal land loss and development, the most imminent threat to these valuable resources is the prospect of widespread clearcutting of Louisiana cypress forests. Even though adult cypress trees in a wetland forest may be thriving, researches have found that changes in hydrology have reduced the capacity for regeneration in many stands. For example, in places where flooding is sufficiently persistent and deep, even artificial regeneration through the planting of seedlings is ineffective.

Timber interests, of course, argue that cypress forests throughout Louisiana will regenerate even in the face of major changes in water levels, while conservationists argued that the trees won’t regenerate and that you can’t be exempt as a timber farm if your trees won’t grow back. However, In November 2004, a Cypress Forest SWG in November 2004, issued its report finding, among other things, that changes in hydrology throughout Louisiana may limit or prevent regeneration of cypress-tupelo stands if harvested. In their opinion cypress forests within the state fall within one of three condition classes: potential to regenerate, potential for artificial regeneration, and no potential for regeneration. From these findings, the Advisory Panel (AP) which included timber interests and conservationists, began working to develop policy recommendations to Governor Kathleen Blanco that would ensure the conservation of Cypress Forests in Louisiana. In light of the SWG report, the EPA indicated that forests where the facts establish no potential for regeneration of a forest a section 404 permit would be required by a landowner prior to harvesting the forest.

After these findings, the AP began the thorny process of negotiating recommendations for state policy. My understanding was that we agreed to accept the Cypress Forest SWG’s finding that some forests will not regenerate and work cooperatively from that premise to develop recommendations for state policy to ensure conservation of these important forests. Apparently, I was wrong. I was informed last week that the State Department of Agriculture and Forestry – a representative of which co-chairs the AP -- and the Louisiana Forestry Association – a member of the AP -- had arranged a tour of cypress forests in Louisiana with the express purpose of convincing the EPA that the Cypress Forest SWG was wrong. Their intent was to establish in the minds of the EPA that Louisiana’s cypress forests are and can regenerate if cut. In short, there is no need for conservation or preservation of these forests, as they will grow back, so let us cut them. If this is their position, why would a working group of esteemed scientists find to the contrary. And, why did I and my colleagues spend several months of our time trying to work cooperatively with representatives of the timber industry to develop mutually agreeable recommendations for state policy.

What a waste of time? And, in this time of scarce government resources, what a waste of money.

Cyn Sarthou is the GRN's Executive Director