Chained to a tree

[Stephen Whiteside]

Who knows? Anything's possible in the future, isn't it? Aren't they bringing back the mammoth?

The other animal said to be threatened by the logging at Toolangi is a native fish, the Barred Galaxias. This is my tribute to that wee aquatic treasure.


The Barred Galaxias

© Stephen Whiteside 12.08.2011

Barred galaxias its name,
Eating insects is its game;
Little grubs and worms as well,
And little fish that have a shell.
It is a most specific liver.
Streams that reach the Goulburn River
On the Great Divide’s north face
Would seem to be the only place
In all the world this fish can swim.
Its future could be fairly grim.
They’re chopping lots of forest down,
Which turns the crystal waters brown
And tends to rather put it out.
Then, of course, there are the trout
That eat it up. Alack, alas,
For pretty barred galaxias!
 
If I had my way I’d let
The forests stand. I’d not forget
The role of trout. I would ensure
That barred galaxias no more
Was eaten by this foreign fish.
Yes, that would be my fondest wish.
I’d let the anglers fish them out,
And clear the streams of all the trout,
And though folk would, no doubt, complain,
I’d not put any back again.
If campers wanted food to fry
I’d tell them to give eggs a try.
If fishy crave should pass their lips.
I’d send them off for fish and chips.

[croc]

...
Yeah... and when they do, just imagine how many big logs that buggar will be able to haul out of the forests... and what are they going to feed it on.
They could stick it in my paddock for a while. The grass, prior to a willy-willy going through late yesterday arv, was well over my head and driving the ute down the 'track' was by guess or by god at times. I had a cow dive out in front of me yesterday... the grass parted and out she bolted. However, the wind flattened it down to about a meter and now I can find things again... and cows can't hide in it anymore... good-o. I have asked old mate next door to slash it for me, but his time is like my money... neither of us has got any.
Anything interesting going on in those huge halls of 'justice' re the possum. Nice little bit of work re the fish.
Keep your powder dry...
...c

[Stephen Whiteside]

Yesterday the court conducted a 'site visit'. I imagine they all visited the logging coupe, in which case they probably all had quite a late day. I haven't received any news of it yet, but expect I will sometime today.

[Stephen Whiteside]

Here's another 'cut and paste' of the latest from Steve Meacher.


Good evening everyone,

What a day it has been in the Supreme Court. After the usual 'housekeeping' tasks (corrections to transcripts etc.), Professor David Lindenmayer took the stand to give his awaited evidence for the plaintiff.

As expected, David's evidence was rigorous, objective and thorough and Ms. Walker led him very systematically through his report. After 28 years of research on the ecology of the Central Highlands wet forests, his expertise and depth of knowledge shone through as he described the extent of transformation and disturbance he has witnessed and recorded. He carefully outlined his deep concerns for the future of Leadbeater's Possum and their forest habitat. Following the 2009 wildfires the population on Lake Mountain is now locally extinct (the last three surviving animals have been taken into captivity). Professor Lindenmayer explained we just don't know how well the species will deal with the projected population bottleneck.

Under cross-examination (after lunch) he patiently explained several times that his research team doesn't use the terms 'mature' and 'senescent' as they are not sufficiently rigorous terms for such work. He stressed his deep concern with producing high quality science. He was repeatedly asked, looking at photographs, to confirm that the trees shown were 1939 regrowth or other specific age classes, which he was unable to do. He explained several times that such determinations require seeing the tree in the field and in context. Cross-examination of Professor Lindenmayer continues tomorrow at 10:30 am.

Also, in court today Justice Osborn announced that he will not be available next Friday. It is currently expected that the hearing will be completed by Thursday and closing statements will then be made at the beginning of the following week.

If you would like to read full details of the case, full transcripts will be placed on the My Environment website as they become available. You can already read the transcripts of the first two days, in which the case for the plaintiff and VicForests' defence were outlined. They are available here.

There has been a very encouraging response to our call for financial donations, but more is still needed so if you are thinking about supporting us and haven't got around to it yet, please do!

And, once again, please forward this message to any kindred spirits, including larger environmental organisations that should be supporting us.

Many thanks,

For the forests,

Steve

[Stephen Whiteside]

Steve Meacher again.


Good afternoon friends of the forests,

We have come to the end of the first week of My Environment -v- VicForests with an early adjournment today, so I am pleased to be home early.

As announced cross-examination of Professor Lindenmayer continued this morning. In his responses he underscored the importance of tree hollows in which Leadbeater's Possums spend 75% of their lives. He was quizzed about whether he had carefully read several documents and about why he had not mentioned in his report a study prepared by Jacques Cop. He answered that it wasn't mentioned because it wasn't relevant - it was important to have his own researchers conduct their own measurements. He was also questioned about a statement in an early draft of his report that had been changed in the final version, bringing one of several interventions from Justice Osborn, who explained, "What you are attacking is a statement that hasn't been made, as far as I am concerned." On another occasion Justice Osborn declared a question "not fair" and took exception to the repetitiveness of the examination, saying, "The documents make clear what [Professor Lindenmayer] did - he keeps telling you that."

As in yesterday's evidence, Professor Lindenmayer was impressive with his compendious knowledge of the biology and ecology of Leadbeater's Possum, "a topic with which I have some familiarity," he commented with commendable modesty! At several points he was able to quote authorities and dates, including several of his own publications. Cross-examination finished with confirmation that in assessing the three Toolangi coupes the considerations had been based on hollow-bearing trees, occurrence of Leadbeater's Possum on the coupes, added risk of extinction if the coupes were logged, the presence of Zone 1A habitat and the impacts of coupe edge effects on the persistence of animals.

After a brief re-examination by Ms Walker, Professor Lindenmayer left the witness box just before 1:00 pm, so the court adjourned for lunch.

When we all returned after lunch we were greeted with the surprise announcement that, on the basis that Mr Waller had confirmed during the morning's cross-examination that he didn't, "make any challenge to the veracity of the underlying data," of Professor Lindenmayer's report, My Environment would not seek to call the next two witnesses who had recorded that data in the field. This was confirmed and after some further discussion regarding the further scheduling of the case, the court adjourned at 2:25 pm. The case will continue with the Evidence in Chief of VicForests on Monday morning at 10:30.

It remains the expectation of both sides that the hearing will be completed by Thursday of next week and closing statements will be made at the beginning of the following week.

If you would like to read full details of the case, full transcripts will be placed on the My Environment website as they become available. You can read the transcripts of the first three days, in which the case for the plaintiff and VicForests' defence were outlined here.

Our sincere and grateful thanks to all of you who have responded to our call for financial donations. We are well on the way but more is still needed to ensure the successful completion of this far-reaching case, so please dig deep.

And, as usual, please forward this message to any kindred spirits, including larger environmental organisations that should be supporting us in permanently changing the native forest logging industry in Australia.

Many thanks,

For the forests,

Steve

[Glenny Palmer]

...
Glenny won't mind me logging in as her...

Thanks Stephen...

...croc

[Stephen Whiteside]

Cut and paste from 'My Environment' newsletter.


“In the end ... success or failure will come down to an ethical decision, one on which those now living will be judged for generations to come.” E. O Wilson
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Quick Update
From the frontline - February 12


On Monday, 6th February, one of the most significant court cases ever undertaken on the conservation of Victoria’s threatened fauna commenced in the Supreme Court. The case is testing whether the logging operations of VicForests are in compliance with state laws, focussing on three coupes in Toolangi State Forest, around 80 kms. North-East of Melbourne.

However, VicForests are now arguing that the economic case for continuing the logging of endangered species’ habitat outweighs the precautionary principle. In effect saying, jobs are more important than species and ecosystems.

VicForests have stated that if they can't log these three coupes, then they can't log 162 coupes in the Central Highlands Ash forests and many jobs will be lost, 150 firefighters gone and millions of dollars lost to the state. They have threatened that if the precautionary principle is to be applied that it will shut down the industry.

After Black Saturday and decades of industrial logging, the unburned remnant Ash forests now contain what is left of Melbourne’s water supply and the last viable population of the endangered Leadbeater’s Possum (along with a large host of other threatened flora and fauna).

MyEnvironment have engaged two expert witnesses of unimpeachable authority, Dr Judith Ajani on the economics and Professor David Lindenmayer on the ecological values of our forests.

The anticipated costs of the case have ballooned due to the necessity to respond to VicForests’ economics argument and other unexpected costs including increased transcript costs because VicForests have requested real time electronic recording of witnesses. Of course, they have access to government funding.

The Federal Minister for the Environment Tony Burke is engaged (on some level). MyEnvironment Inc. has requested federal assistance as the case fits squarely in their portfolio of responsibility.

The following information may help you understand the case and why it is so significant:

Leadbeater’s Possums are Victoria's faunal emblem and are considered a 'canary in the coal mine' species for biodiversity in Victoria’s forest water catchments. If they are tipped into extinction, it means other forest species are also tipping. This case seeks to prevent this.

The forest age class that supports hollow dependant wildlife, is the same forest that provides, and releases, massive amounts of clean drinking and irrigation water for urban and rural users. Replacing this forest with young, rapidly growing plantations is greatly reducing water production and habitat for hollow-dependent species.

Melbourne’s water was the subject of a 2003 World Bank and WWF report advising against further logging yet logging in water catchments continues. The governments own studies recommended ending catchment logging by 2009 to improve water supply to Melbourne’s growing population.

Science has recognised that the world’s greatest trees are being lost to disease, climate and drought. In Victoria, we will not have any old growth Ash forests left by 2065 due to industrial logging and fires (Victorian images here). Only around 1% of the old-growth Mountain Ash forest remains in these mountains today. Canberra Times summary here

FSC certification was removed from products coming from these forests because VicForests failed to demonstrate compliance with the principles of biodiversity management.

The primary recipient of wood from the Central Highlands is Japanese multi-national paper producer Nippon Paper Ltd. According to the 2010 URS Treasury report, Nippon does not pay full costs of production so tax-payers are subsidising the wood stream.

Victoria has legislated to guarantee wood to Nippon so the state government, in a bid to access new resources, are now planning to log parks, water catchments and special protection zones to fulfill the contract.

The message being sent to other countries is that it's acceptable to log reserves. In effect, Victoria is in breach of both Federal laws and United Nations agreements.

VicForests argue that they should be allowed to log habitat to keep the industry alive while Scott Gentle ex-CEO Victorian Forestry Contractors Association says the industry is a basket case. The haulers say "it could be better run by a kindergarten" and contractors like Mick McKinnell say that the transition to plantations is inevitable. 7.30 ABC Report

Whilst resource mapping shows that little is left outside special protection zones and buffer strips containing endangered species, the Baillieu/Ryan government is proposing 20 year contracts to guarantee industry stability and underwrite VicForests when commitments can no longer be met. These contracts will need to be paid out when the resource is exhausted so it's a quick return for opportunistic investors.

This is total mismanagement in contravention of national competition policy under which a government business enterprise must not be given any commercial advantage. Two stories from The Age on the state of the industry and the readiness of Labor to act can be seen at the links.

We are just a small group of volunteers with a first-hand understanding of the issues, dedication and determination to save what remains after the Black Saturday bushfires. Over the last decade we have witnessed massive destruction of critical ecosystems and it's time an objective assesment was undertaken.

We have to invest $250,000 for the legal and scientific teams - We have had $70,000 already committed by a diverse group of concerned people and have reached the first of three funding milestones but further investment is urgently required. Donate here and give us the best chance at representing Melbourne's wildlife and forests to the judiciary.




Sarah Rees

Executive Director

MyEnvironment Inc.
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[Glenny Palmer]

...
Bless ya Stephen...

It's begining to look like VtcForists 1-- Possums 0, but where there is life, there is hope.

Goodonya Doc...
...croc

[Stephen Whiteside]

Steve Meacher again.


Good evening forest friends,

My Environment -v- VicForests continued this morning in the Supreme Court.

VicForests had insisted on an opportunity to cross-examine John Stein of the Fenner School at ANU, who had revised maps tendered by Professor Lindenmayer last week. As a result, John had flown down from Canberra yesterday and was first in the witness box this morning. It took only a short time to establish that he had created maps in accordance with instructions from Professor Lindenmayer.

Most of the rest of the morning was spent on the issue of the evidence of Dr Schirmer, to which My Environment had objected. After presentations from both sides, Justice Osborn adjourned to consider the issue over the lunch break.

On returning to court, Justice Osborn explained that he agreed to hear parts of Dr Schirmer's evidence relating to the three Toolangi coupes but agreed with the plaintiff's submissions regarding the lack of relevance of 166 other coupes over 3 Forest Management Areas which VicForests had described as similar. "They are not sufficiently similar," he concluded.

The hearing then continued with the evidence-in-chief of Lachlan Spencer from VicForests followed by cross-examination, which was continuing when the court rose at 4:18 pm.

There has been much interesting evidence already, and full transcripts will be placed on the My Environment website as they become available. You can read the transcripts of the first three days (excluding the view of the coupes on Wednesday), in which the case for the plaintiff and VicForests' defence were outlined and the first day of Professor Lindenmayer's evidence, here.

Our sincere and grateful thanks to all of you who have made financial donations. The total is creeping up but more is still needed to support the immense work done on this case, so please help if you can.

And, as usual, please forward this message to any kindred spirits, including larger ENGOs that should be supporting us, but aren't yet!

Many thanks,

For the forests,

Steve

[Stephen Whiteside]

Steve Meacher.



Good afternoon all,

A very brief message today.

This morning saw the continuation of Lachlan Spencer's cross examination by Ms Walker (for My Environment). Mr Spencer insisted that VicForests did not intend to conduct a regeneration burn at Gun Barrel coupe (if logging was allowed to proceed), but had to concede that the decision not to do so was not taken until November 2011, when this litigation was already under way. He also expressed surprise that VicForests intended to log 31 ha. (net) of South Col coupe, although the figures quoted in his affidavit were based on projected yield from that area.

Cross examination and re-examination were completed quite quickly after lunch. Then Michael Ryan, VicForests' Field Scientist took the stand. His evidence-in-chief was quite brief, mostly concerned with looking at photographs of trees in Gun Barrel coupe. He introduced a number of novel tree categories including "advanced regrowth" and "very mature". More puzzling terms used were "strict trees" and "grey trees".

Cross examination of Mr Ryan will continue tomorrow morning at 10:30.

For more details read the full transcripts on the My Environment website as they become available. You can read the transcripts of the first week (excluding the view of the coupes on Wednesday), in which the case for the plaintiff and VicForests' defence were outlined and Professor Lindenmayer's evidence, here.

Our sincere and grateful thanks to all of you who have made financial donations. The total is creeping up but more is still needed to support the immense work done on this case, so please help if you can.

And, as usual, please forward this message to any kindred spirits, including larger ENGOs that should be supporting us, but aren't yet!

Many thanks,

For the forests,

Steve