Hypocrisy Among the Trees? An Analysis to Determine Whether the Proposed Management of the Tongass National Forest is in Compliance with Domestic and International Law

Sarasvati Wheeler-Smith

The Tongass National Forest is a temperate rainforest of global significance. For one, the Tongass represents nearly one-third of the remaining non-harvested acreage of this ecosystem type. In addition, its value as a per-acre sink of carbon is likely unequalled. Despite this forest's global importance and scenic beauty, the United States Forest Service has primarily managed for the production of timber. Given that the Tongass Land Management Plan is currently in the process of being revised, this is an opportune moment for the Forest Service to reassess what purposes the forest should be managed for.

To objectively analyze the Forest Service's proposed Tongass Land Management Plan, I have examined whether this proposal in compliance with the letter and spirit of both domestic law and international agreements. I have found that the proposed managemen t of the Tongass both is and is not in compliance with these bodies of law.

My compliance analysis focuses on the issues of biodiversity/ species conservation, modified organisms, and carbon sequestration. My results show that the proposed management of the Tongass is in compliance with the letter of the Endangered Species Act (1973), but not in compliance with the 1976 National Forest Management Act's requirement that public forests be managed to insure viable and well-distributed populations of wildlife. The proposed management of the Tongass is clearly not in compliance with the spirit of the Convention on Biological Diversity (1992).

I have also found that the proposed Tongass Land Management Plan does not include strict enough regulations on the release of modified organisms to be in compliance with the requirements of the Convention on Biological Diversity. However, the Alaska Nati onal Interest Lands Conservation Act (1980) encourages the development of aquaculture in the Tongass. Thus, the current and proposed management prescriptions for fisheries enhancement and aquaculture projects in the Tongass are in compliance with domestic statutes.

With respect to carbon sequestration, the proposed management of the Tongass National Forest is clearly not in compliance with either the Framework Convention on Climate Change or the stated views of the Intergovernmental Panel on Climate Change. This agreement and this panel of experts conclude that new protected areas should include carbon-rich forests.