Conservation Groups Send Notice of Intent to File Suit to Flathead National Forest
November 16, 2017
Marla Fox, WildEarth Guardians, 651-434-7737, email@example.com
Keith Hammer, Swan View Coalition, 406-755-1379, firstname.lastname@example.org
Arlene Montgomery, Friends of the Wild Swan, 406-886-2011, email@example.com
Kalispell, MT – Yesterday three conservation groups warned the Forest Service of their intent to file suit under the Endangered Species Act in order to protect threatened bull trout and its critical habitat. The Forest Service’s inadequate management and monitoring of logging roads on the Flathead National Forest in northwest Montana threatens to degrade bull trout streams by increasing the risk of culvert failure, leading to road washouts that smother streams in road sediment, destroy fish eggs and prevent young fish from growing.
The notice letter outlines the Forest Service’s failure to comply with numerous biological opinions written by the Fish and Wildlife Service during the past fifteen years. These biological opinions directed the Forest Service to remove stream-aligned culverts from closed logging roads—or, alternatively, to monitor them annually to insure they do not plug. Plugged culverts are prone to fail over time due to accumulation of dirt and debris in the small openings. A plugged culvert is likely to blow out during a rain or snowmelt event, depositing sediment into bull trout streams.
Though the Forest Service has largely failed to follow either of the Fish and Wildlife Service directives, records show it is aware that far more culverts are failing or are at high risk of failing than initially thought, and that failing roads and culverts put the bull trout and its habitat in peril.
In addition to its history of inadequate road management, the Forest Service proposed to relax culvert monitoring from annual monitoring to monitoring once every six years. Best science and a history of culvert failures on the Flathead and other national forests do not support such a move: culverts can plug and blow out in a single season if not inspected and cleaned.
Swan View Coalition Chair Keith Hammer has spent the last couple of years requesting the Flathead’s annual culvert monitoring reports. “The Flathead has failed pretty much across the board to conduct annual culvert monitoring,” he said. “The monitoring it has done shows that up to two-thirds of the culverts inspected are at high risk of failure. Rather than dedicate the funding and staff to do the inspections and either fix or remove the culverts, the Flathead is looking to eliminate the requirement for annual inspections.”
“Our native fish require cold, clean water to spawn and rear,” said Arlene Montgomery of Friends of the Wild Swan. “Unmaintained culverts are like ticking time bombs in our streams; when they plug up and blow out they dump tons of sediment into spawning gravels, impacting reproduction and growth of fish. By ignoring the required monitoring the Flathead is endangering our water quality and fish habitat.”
“We hope the Fish and Wildlife Service rejects the Forest Service’s attempt to move the goal posts by abandoning annual culvert inspections,” said Marla Fox of WildEarth Guardians. “Rewarding poor performance with lower expectations would set a horrible precedent for other forests to bypass legally required protections that the Service determined necessary for bull trout survival and recovery.”
The notice letter cites to agency documents showing that agency assumptions that only 10-15% of culverts were at high risk of failing were replaced with findings of 35-40% and as high as 67% of culverts at high risk of failing. Notice, page 14.
The letter also cites to documents acknowledging 22 culverts had failed on the roads that had been inspected and that more failures were expected. Notice at 12-13.