Utah Environmental Congress and High Uintas Preservation Council Win at Utah District Court that found Ashley Forest Plan Indicator Species Amendment Illegal; Conservationists will appeal to 10^th Circuit to Halt Illegal Logging Project

 Fish/Wildlife Viability Central to Appeal-Focus on Colorado River Cutthroat Trout

Conservationists with the Utah Environmental Congress (UEC) and High Uintas Preservation Council (HUPC) were both pleased and disappointed by a ruling issued by Utah Federal District Court Judge Tena Campbell late last week.  The Court reversed the Ashley National Forest’s 2004 decision to drop 10 of its 12 Management Indicator Species (MIS) finding that selecting just two species, the Northern goshawk and Colorado Cutthroat Trout, as proxies to measure the effects of logging on the diversity of all plants and animals is illegal.  However, the Utah District Court also upheld the Trout Slope West timber sale decision in spite of its finding that the Forest Service has failed to monitor its Colorado Cutthroat trout Management Indicator Species.  Conservationists will appeal the logging decision to the 10^th Circuit Court of Appeals due to the undisputed failure to monitor Management Indicator Species.   

“This is an important victory for fish and wildlife diversity!  The Forest Service must again monitor enough management indicator species to know how the diversity of plants and animals are impacted by the logging,” said UEC Executive Director Kevin Mueller. “However it’s frustrating that we must appeal to the 10^th Circuit yet again on this wildlife diversity issue because the District Court upheld the logging in spite of its finding that the Forest Service failed to monitor its own Colorado Cutthroat trout Management Indicator Species.”

Located near the ridgeline of the Eastern Uinta Mountains, this 9.2 million board foot timber sale (enough to fill about 8,500 log trucks) would log some of the most valuable old growth forest left in the densely forested eastern Uinta Mountains, which suffer from a legacy of clear cutting.

“This isn’t horseshoes,” explains Mueller “The Forest Service must collect Colorado Cutthroat trout (MIS) population data and the Agency said it has not done that.  The Court agreed but failed to apply the wildlife laws; and that’s why we must appeal to the 10^th Circuit.”

Central to this case, Colorado River cutthroat trout are a Sensitive species whose long-term viability remains uncertain.  It has been eliminated from 90% of its range and is now restricted to cool headwater streams on National Forests, such as those impacted by this clear cut logging project.