STATE
MyEagleNews.com
Wednesday, May 6, 2020
9th Circuit rejects lawsuit against Malheur
National Forest grazing authorizations
By Mateusz Perkowski
EO Media Group
Environmentalists have failed
to convince the 9th U.S. Cir-
cuit Court of Appeals that grazing
authorizations unlawfully harmed
bull trout on seven allotments in
Oregon’s Malheur National Forest.
The appellate court has rejected
allegations from the Oregon Natu-
ral Desert Association and Center
for Biological Diversity that more
than 100 federal grazing decisions
— including permit approvals and
operating instructions — violated
the forest’s management plan over
a decade.
Contrary to the plaintiffs’
claims, “the record amply demon-
strates that the Forest Service is
actively engaged in protecting
bull trout habitats from the effects
of livestock grazing by monitor-
ing the effects of livestock grazing
on various habitat indicators and
implementing site-specific grazing
limitations,” the 9th Circuit said.
In 2018, a federal judge dis-
missed a lawsuit over grazing on
EO Media Group file photo
Cattle graze in the Malheur National Forest. A federal appeals court has re-
jected environmentalist claims against grazing on seven forest allotments.
the seven allotments that had orig-
inally been filed 13 years earlier,
ruling that the plaintiffs hadn’t
proven grazing caused threatened
bull trout populations to plummet
in the Malheur and North Fork
Malheur rivers.
The plaintiffs argued that each
river should be able to support
about 2,000 bull trout but instead
contain only 50 individuals, which
means grazing must be restricted
enough to allow for the popula-
tions to recover.
The 9th Circuit has now deter-
mined the judge correctly ruled in
favor of the U.S. Forest Service
and 16 ranchers who rely on the
allotments and intervened in the
lawsuit.
Under a federal strategy aimed
at protecting the bull trout and other
inland fish, the Forest Service must
adjust or suspend grazing practices
if “riparian management objec-
tives” for stream health aren’t met.
As indicated by the Forest Ser-
vice’s grazing curtailments, the
agency “is not only monitoring,
but also enforcing plan standards
related to the protection of bull
trout habitats,” the 9th Circuit said.
While the “continuing struggles
of the bull trout” in the national for-
est are “undoubtedly troubling,” the
9th Circuit cannot act as a “panel of
scientists” and must “defer to the
Forest Service’s expertise” regard-
ing grazing rules, according to the
ruling.
Dams, irrigation, non-native
species and other factors have also
affected the species, so the court
“cannot effectively mandate, as
ONDA would have us do, that bull
trout numbers increase,” the ruling
said.
From a procedural perspec-
tive, the agency also isn’t required
to “analyze and show” in a written
document that every grazing deci-
sion conforms with the forest plan,
the 9th Circuit said. “Because the
Forest Service was not obligated
by statute, regulation, or caselaw to
memorialize each site-specific graz-
ing authorization’s consistency with
the forest plan, the absence of such
a document is not in itself arbitrary
and capricious.”
Mushroom picking is free within personal-use
limits on the Blue Mountains National Forests
Blue Mountain Eagle
For avid mushroom pickers,
spring truly begins when friendly
fungi return to the forest.
Personal-use mushroom picking
is free and does not require a per-
mit or payment under the legal lim-
its, which authorizes an individ-
ual to harvest, possess or transport
less than a gallon in Oregon and
less than five gallons in Washing-
ton. These free mushrooms are only
available for personal consump-
tion and cannot be sold, bartered or
given away.
Those seeking to pick more than
the free personal-use limit are con-
sidered commercial gatherers. To
help slow the spread of COVID-19,
forest supervisors on the Malheur,
Umatilla and Wallowa-Whitman
national forests have postponed the
issuance of commercial mushroom
permits until 2021. Many commer-
cial operations involve large crews
that travel and camp together, which
presents a social distancing chal-
lenge during the pandemic.
National forest officials urge vis-
itors to understand and follow state
health orders for Oregon, Wash-
ington and Idaho. At this time, all
national forest developed recreation
sites — including campgrounds,
trailhead facilities, picnic areas,
rental cabins, Sno-Parks and boat
ramps — are temporarily closed
to slow the spread of COVID-19.
While many forest roads, trails and
areas remain open to the public, vis-
itors are strongly urged to practice
social distancing. Mushroom pick-
ing is not permitted in any botanical
area, research area or in other areas
closed by the Forest Service, includ-
ing developed recreation sites.
To help care for the land while
picking mushrooms:
• Carry your mushrooms in a net
bag, allowing mushrooms to spread
their spores for future production.
• Give wild animals plenty of
space, and leave newborns alone.
• Practice “leave no trace” eth-
ics, and take your trash home with
you.
• Report any violations promptly
to the Forest Service.
Many forest roads are still not
accessible due to mud and snow.
Traveling on wet mountain roads
and terrain can be dangerous and
cause illegal resource damage. Fur-
ther, temporary road and area clo-
sures may still be in effect in last
year’s wildfire areas where unsafe
conditions, such as hazard trees, are
still being mitigated. Contact your
local ranger district office for up-to-
date information on road conditions
and current closures.
Be sure to tell a friend or family
member where you are going and
when you expect to return.
Keep in mind that many wild
mushroom varieties are poison-
ous. When in doubt, just throw it
out! It is the responsibility of the
picker to properly identify a mush-
room and determine whether it
is edible. There are many guide
books available to assist with iden-
tification. The local library, county
agricultural extension office and
local mycological society are good
sources of information.
Mushroom pickers and hunters
often contact national forest offices
to learn where prescribed burn-
ing occurred last year. For every-
one’s convenience, those locations
are now identified in an online pre-
scribed fire map for the Malheur,
Umatilla, and Wallowa-Whitman
national forests.
A13
Nonresidents can
fish and hunt in
Oregon again
Clamming, crabbing remains
closed to nonresidents
Blue Mountain Eagle
Nonresidents may fish and hunt in Ore-
gon again as of May 5. Recreational clam-
ming and crabbing will remain closed to
nonresidents until further notice, according
to an Oregon Department of Fish and Wild-
life press release.
ODFW is lifting the nonresident restric-
tions in line with some loosening of restric-
tions on outdoor recreation in the state and
region. Washington state also reopened to
most fishing on May 5.
Oregon and Washington will soon
reopen salmon and steelhead fishing on the
Columbia River.
Due to concerns about increased travel
to the coast during the summer months
while the COVID-19 pandemic continues,
crabbing and clamming will remain closed
to non-residents for now. Oregon residents
who do not live on the coast should also
not travel there to crab or clam when the
Stay Home, Save Lives restrictions against
travel are in effect. Beach access may also
be closed.
“We want to thank nonresidents for their
understanding of the temporary closure,”
said ODFW Director Curt Melcher. “We
are also announcing a special refund pol-
icy for non-residents who purchased fish-
ing license documents between April 6-15,
which is about the time when Washington
announced their extended closure of all
hunting and fishing.”
Nonresidents who purchased fishing
licensing documents (such as a daily, multi-
day or annual fishing or shellfish license,
combined angling tag and associated prod-
ucts) between April 6-15 may request a
refund for all of these fishing products pro-
vided they did not keep any fish or shellfish.
Nonresidents who purchased a hunting
license (annual or nonresident three-day for
gamebirds) or tag for spring turkey will be
eligible to receive a refund for their hunt-
ing license or tag, regardless of when it was
purchased, as long as they have not hunted
at all.
Request a refund at https://odfw.
wufoo.com/forms/nonresident-refund-re-
quest-a-covid19-period.
Nonresidents can also continue to
apply for fall controlled hunts. The dead-
line to apply for all fall controlled hunts
remains May 15 for both residents and
non-residents.
THE CHOICE IS YOURS!
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