Woodmore Track Toolangi State Forest

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1 Woodmore Track Toolangi State Forest INVESTIGATION REPORT Investigation into Leadbeater's Possum (Gymnobelideus leadbeateri) Habitat Management Prescriptions within VicForests scheduled logging coupe (and overlapping coupes and ) Abstract VicForests scheduled logging coupe (and parts of overlapping coupes and ) were investigated to assess the presence/absence of Leadbeater's Possum Zone A habitat to inform planning and operational compliance with the relevant instruments of the regulatory framework designed to provide minimum protection for the potential habitat of the endangered Leadbeater's Possum (LBP). The instruments assessed for compliance were the: Central Highlands Forest Management Plan's Leadbeater's Possum Management Prescriptions (FMP) and; The Flora and Fauna Guarantee Act 988 Action Statement for Leadbeater's Possum #06. Additionally, the results of this investigation were analysed using; The recommendations of the latest scientific approach to potential Leadbeater s Possum habitat management prescriptions contained within the Fenner School of Environment and Society, Australian National University's New Restoration Forest Management Prescriptions to Conserve Leadbeater's Possum and Rebuild the Cover of Ecologically Mature Forest in the Central Highlands of Victoria and; The revised Hollow-bearing Tree densities contained within the the recent Leadbeater s Possum Advisory Group (for the/of the Victorian Government's) Leadbeater s Possum Recommendations: Report to the Minister for Environment and Climate Change and the Minister for Agriculture and Food Security, 0 January 04 An area of Leadbeater's Possum Zone A habitat (LBP ZA under the FMP) was identified within VicForests scheduled logging coupe (and overlapping coupes and ) during this investigation. The criteria for assessment used, methodology employed and the results of the investigation are detailed below. Surveyor/Author Andrew Lincoln Fauna and Flora Research Collective Inc. Date of Investigation May 04 Date of report /05/ Woodmore Track, Toolangi SF LBP ZA Investigation_Report - AL_FFRC

2 Location details Within and adjacent to VicForests scheduled logging coupe (and overlapping coupes and ) between Woodmore Track and Murrindindi road in the Toolangi State Forest. Figure A. Detail from: "Approved Timber Release Plan Map (with all approved amendments applied) Toolangi, VicForests, 07 November 03 * Investigation location within blue box. See Figure B. on the following page for further detail Woodmore Track, Toolangi SF LBP ZA Investigation_Report - AL_FFRC

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4 Method a (method used for identifying Hollow Bearing Trees for Zone A ) Hollow bearing trees ("HBT's") are the basis for the management prescriptions designed to provide some protection for the actual or potential habitat required by the Leadbeater's Possum. This investigation considers all HBT's (trees that contain hollows/cavities) encountered within the survey site that were of the species Eucalyptus regnans and likely to be considered as at least in the mature growth stage. Each Eucalyptus regnans (Mountain Ash) tree encountered and considered mature3 was first inspected for the presence of hollows using binoculars; estimated to be greater than 6.00m in height; and measured at.30m above ground level around the trunk of the tree using a tape measure in order to measure the circumference and corresponding DBH measurement for each tree. Every tree was given a unique ID corresponding to the study site; assigned a "Waypoint" using a "Garmin GPSMAP 6s" GPS at an accuracy minimum of m+/- in the position format GDA, UTM; assessed as to the "form" of the tree corresponding to the methodology for "classification of forms of hollow-bearing trees" of Lindenmayer et. al. 99 4; analysed as to the form of the hollows present on the tree; assessed against the tree growth stages schema of Jacobs (955); marked with "flagging tape" containing its unique ID; and finally, where possible, photographed at its base and upper branches. All of these details were noted and recorded on site. Investigations at the site begun at various locations within and adjacent to the area of forest scheduled as VicForests clear felling coupe The forest was searched for HBT's following the methodology described above. As each HBT was inspected and recorded the forest was searched for further HBT's and advanced towards with the above process repeated for each. By noting the topographic and other site characteristics, compass bearing and GPS "waypoint" proximity data, the area delineated in the "Study Location" section of this report was investigated in this manner until all potential HBT's meeting the relevant criteria encountered were investigated and recorded. Once the above process was completed the HBT location data recorded on site was later imputed into various GPS and GIS mapping software including Garmin and QGIS programs. Each HBT record was assessed against the varying criteria generative of management prescriptions under either the Central Highlands Forest Management Plan or the FFGA Action Statement #06 for the Leadbeater's Possum and analysed using the recommended prescriptions contained within the Fenner School of Environment and Society, Australian National University's New Restoration Forest Management Prescriptions to Conserve Leadbeater's Possum and Rebuild the Cover of Ecologically Mature Forest in the Central Highlands of Victoria and against the revised Hollow-bearing Tree densities contained within the the recent Leadbeater s Possum Advisory Group (for the/of the Victorian Government's) Leadbeater s Possum Recommendations: Report to the Minister for Environment and Climate Change and the Minister for Agriculture and Food Security,. Data from each HBT were imputed into separate spreadsheets depending on their relevance for meeting each of the management prescriptions, and the tables and corresponding maps presented in the results section of this report were generated. 3 4 Zone B investigations were not considered for this report. Jacobs M. R., Growth Habits of the Eucalypts, Forestry and Timber Bureau, 955. Jacobs M. R., Growth Habits of the Eucalypts, Forestry and Timber Bureau, 955. Lindenmayer, D. B., et. al.,"characteristics of hollow-bearing trees occupied by arboreal marsupials in the montane ash forests of the Central Highlands of Victoria, south-east Australia", Forest Ecology and Management, Elsevier Science Publishers, Amsterdam, 99, v40, p Woodmore Track, Toolangi SF LBP ZA Investigation_Report - AL_FFRC 4

5 Method a (method used as criteria for inclusion and for analysis) "First criterion for inclusion/analysis" used in this report: Flora and Fauna Guarantee Act - Action Statement for Leadbeater's Possum # Flora and Fauna Guarantee Action Statement, Leadbeater's Possum, Gymnobelideus leadbeateri #06, Department of Sustainability and Environment, Melbourne, 003, p Woodmore Track, Toolangi SF LBP ZA Investigation_Report - AL_FFRC 5

6 Method b (method used as criteria for inclusion and for analysis) "Second criterion for inclusion/analysis" used in this report: Central Highlands Forest Management Plan - Leadbeater's Possum Mangaement Prescriptions 6 6 Forest Management Plan for the Central Highlands, Department of Natural Resources and Environment, 998, p405 - Woodmore Track, Toolangi SF LBP ZA Investigation_Report - AL_FFRC 6

7 Method c (method used as criteria for inclusion and for analysis) "Third criterion for inclusion/analysis" used in this report: From: New Restoration Forest Management Prescriptions to Conserve Leadbeater s Possum and Rebuild the Cover of Ecologically Mature Forest in the Central Highlands of Victoria 7. A new zoning system for Leadbeater s Possum Background scientific information: The habitat requirements of Leadbeater s Possum have been the topic of a series of detailed studies over the past 5 years (Lindenmayer et al. 99b, 994, 0b). That work has shown repeatedly that the probability of occurrence of the species at a site is significantly correlated with the abundance of hollow-bearing trees on a site (Lindenmayer et al. 99b, 994, 0b, 03a). That is, the more hollow-bearing trees that occur on a site, the higher the probability that Leadbeater s Possum will occur on that site. Current prescriptions for Zone habitat for Leadbeater s Possum divide the zoning into habitat containing live trees (Zone A) or live and dead trees (Zone B). However, the original prescriptions were based on research from at a time when both Leadbeater s Possum and hollow bearing trees were considerably more numerous than today. Longterm research has consistently shown the importance of both living and dead trees as nest sites for Leadbeater s Possum. Indeed, the vast majority of trees occupied by Leadbeater s Possum are dead hollow-bearing trees (Lindenmayer et al. 99c), which have poor levels of protection under current prescriptions. Nevertheless, living hollow-bearing trees are also important because they will remain standing much longer than highly decayed trees (Lindenmayer et al. 0a) (including persisting after future fire) and will be the next cohort of dead hollow-bearing trees in the future. For this reason, the current zoning system for Leadbeater s Possum must be revised to include living and dead trees and a reduced detection rate from the original 50% probability of detection on a site (as per the original A prescriptions) to a more conservative figure of 40%, in accordance with the increasing rarity of the possum. As shown in Figure, this means 8 hollow-bearing trees (living trees and/or dead trees) per 3 ha and irrespective of the density of wattle (Acacia spp.) trees in a stand. Figure : Relationships between the abundance of (living and dead) hollow-bearing trees per 3 ha and the probability of occurrence of Leadbeater s Possum 7 David B. Lindenmayer, David Blair, Lachlan McBurney and Sam Banks, New Restoration Forest Management Prescriptions to Conserve Leadbeater s Possum and Rebuild the Cover of Ecologically Mature Forest in the Central Highlands of Victoria, Version : July 03, Fenner School of Environment and Society, Australian National University, Canberra, ACT, Australia, Version, July 03, p Woodmore Track, Toolangi SF LBP ZA Investigation_Report - AL_FFRC 7

8 Based on the results of ongoing and recently updated work on the habitat requirements of Leadbeater s Possum, we argue there is a need to redefine Zone habitat for the species. This redefinition demands that both living and dead trees are considered in the definition of Zone forest. To better protect identified habitat areas a 00 m wide buffer should be established adjacent to the boundary of a given area of Zone habitat to: () protect hollow-bearing trees from fires lit to regenerate nearby logged areas, () protect hollow-bearing trees from wind damage, and (3) protect colonies of Leadbeater s Possum because the species is sensitive to disturbance of the surrounding landscape (Lindenmayer et al. 993a, 03a). Areas of Zone habitat should be recognised as Special Protection Zones and this status means that it is possible to plan for the location of loggable areas. To avoid areas of Zone forest being mistakenly logged, careful aerial and on-ground assessments of all areas proposed for logging in the montane ash forests of the Central Highlands of Victoria must be completed prior to harvesting taking place. The location of areas of Zone forest and the adjacent buffers must be mapped and the subsequent spatial data lodged on the Government Geographic Information System to ensure they are clearly delineated as logging exclusions. Prescription :.. Zone habitat for Leadbeater s Possum is any area of forest of 3 hectares or more that supports eight or more living or dead hollow-bearing trees per 3 hectares... Zone habitat will be protected by a 00 m wide buffer of unlogged forest...3 Logging is not permitted in Zone habitat or in associated buffers.. Careful aerial and on-ground assessments of all areas proposed for logging must be completed prior to commencement of harvesting..3 The location of areas of Zone forest and the adjacent buffers will be mapped and the subsequent spatial data lodged on the Government Geographic Information System. Glossary Hollow: Any cavity at any height in a tree including holes, fissures and hollow branches (as determined by observation using binoculars; see Lindenmayer et al., 993b) and which can be occupied by any species of arboreal marsupial. Hollow-bearing tree: A hollow-bearing tree is defined as any tree of any height, whether it is living or dead, greater than 80 cm in diameter at breast height and containing one or more hollows (sensu Lindenmayer et al. 997; see Lindenmayer et al. 993b). 8 8 David B. Lindenmayer, David Blair, Lachlan McBurney and Sam Banks, New Restoration Forest Management Prescriptions to Conserve Leadbeater s Possum and Rebuild the Cover of Ecologically Mature Forest in the Central Highlands of Victoria, Version : July 03, Fenner School of Environment and Society, Australian National University, Canberra, ACT, Australia, Version, July 03, p Woodmore Track, Toolangi SF LBP ZA Investigation_Report - AL_FFRC 8

9 Method d (method used as criteria for inclusion and for analysis) "Fourth criterion for inclusion/analysis" used in this report: Leadbeater s Possum Recommendations: Report to the Minister for Environment and Climate Change and the Minister for Agriculture and Food Security Leadbeater s Possum Advisory Group 0 January 04 Recommended Package of Actions 6.) Amend the definition of Leadbeater's Possum Habitat Zone A Intent: To protect hollow-bearing trees to increase the chance of retaining suitable habitat for Leadbeater s Possums. The more hollow-bearing trees per hectare on a site, the higher the probability is that Leadbeater s Possum will occur on that site. Current prescription: Zone A is currently defined as live, mature hollow-bearing ash trees per three hectare patch, with hollow-bearing trees defined by the DEPI Survey Standards: Leadbeater s Possum Habitat Zones.9 Action: Amend the definition of Zone A to 0 live, mature or senescent hollow-bearing ash trees per three hectare patch. (The definitions of mature, senescent, hollow-bearing, patch and all other definitions included in the survey methodology are to remain as described within the current DEPI Survey Standard: Leadbeater s Possum Habitat Zones.) Supporting and enabling actions: Ensure that these areas are mapped, consolidated and published as datasets in DEPI s Corporate Spatial Data Library and replicated in VicForests information systems. Ensure that this information is accessible to stakeholders to inform forest management planning, timber planning, compliance, enforcement, and auditing, and fire planning and suppression. Undertake an estate-wide inventory to improve the understanding of the extent of Zone A habitat, building upon ARI assessments. Timing: Immediate benefits Responsible agency: DEPI / VicForests Risk: The current extent and distribution of mature, senescent or hollow-bearing ash trees across the Leadbeater s Possum range is largely unknown. 0 #Note: The Leadbeater s Possum Advisory Group's suggestion above that mature hollow-bearing ash trees are appropriately defined in the DEPI Survey Standard: Leadbeater s Possum Habitat Zones is not a premise supported or followed by this report. The technical report underpinning the recommendations report discussed above considers Hollowbearing Trees throughout the technical report (see e.g. p. 6) seemingly in the scientific sense applied by the ANU research team (see Method c's Glossary above) and accordingly defines a Hollow-bearing Tree in its Glossary even more liberally as any tree, dead or live, that contains a hollow of any shape or size. (p. 04). Only through its recommended management actions does it revert to the DEPI Survey Standard's narrow definition. For further details see APPENDIX B at the end of this report for criticism of the DEPI Survey Standard's truncation of the definition of maturity by the Fenner School of Environment and Society, Australian National University's research team. 9 This is the current applied definition following MyEnvironment Inc v VicForests 0 and confirmed in the 03 Supreme Court of Appeal decision. [#See note above] 0 Leadbeater s Possum Recommendations: Report to the Minister for Environment and Climate Change and the Minister for Agriculture and Food Security, Leadbeater s Possum Advisory Group, 0 January 04, p Woodmore Track, Toolangi SF LBP ZA Investigation_Report - AL_FFRC 9

10 Results a (Hollow-bearing Tree data) The following 3 HBT's were recorded within the study location. Details of these HBT's are presented in the following table. The Table Key below explains each of the codes used within the table to present details collected on each HBT. #SEE ATTACHED APPENDIX A FOR HBT PHOTOGRAPHS [NB: HBT's WW00-WW007 photos not available] Table a(i). 3 Hollow Bearing Trees recorded during survey. All co-ordinates in GDA/UTM. HBT Tree ID/ WayNo. point Location/GPS Coordinates GPS +/ - Spe cies CircForm um fe Ashton (976) (Linden re nce Ashton (975) AGE SUM m aye r at.3m DBH Hollow s Type/ Age Class log(y) =.0 99) (m ) (m ) Des cription Determ ination log(x) (years ) Jacobs (955) WT00 55 H (d) 47 WT00 55 H (d) 75 3 WT H (d) 67 4 WT H (d) 34 5 WT H (d) 38 6 WT H (d) 4 7 WT H (d) 39 8 WT H (d) 55 9 WT H (d) 68 J(4) 0 WT00 55 H (d) 7 J(4) WT0 55 H (d) 44 J(4) WT0 55 H (d) 39 3 WT03 55 H (d) 7 J(4) 4 WT04 55 H J(5) 5 WT05 55 H (d) 5 6 WT06 55 H (d) 45 7 WT00 55 H (d) 8 8 WW00 55 H (d) 73 J(5) 9 WW00 55 H (d) 48 J(5) 0 WW H (d) 9 J(4) WW H (d) 95 J(4) WW H (d) 45 J(5) 3 WW H (d) 98 J(4) 4 WW H (d) 34 J(5) 5 WV00 55 H (d) 4 6 WV00 55 H (d) 93 J(5) 7 WV H (d) 7 J(5) 8 WV H (d) 7 J(5) 9 WV H (d) 7 J(4) 30 WV H (d) 68 J(4) 3 WV H (d) 64 3 WV H (d) 75 Table a(ii). Table Key describing Table a(i). TABLE KEY Lindenmayer (99): Hollow Type/Description: Mature, living tree w ith hollow s Large obvious hollow s Mature, living tree w ith hollow s (a) Fissures and dead/broken top Further Information Ashton (975) Age Recorded: Class Determination: Jacobs (955): 3(a) Multiple leading stems <.50 DBH - Not Mature J() Regeneration 3(b) Low Branching (approx years) (b) Dead/Broken Top 3(c) Irregular Crow n.50 DBH - Mature (c) Hollow spouts 3(d) Major Scars (approx years) (d) Basal fire scars/hollow s 3 Hollow s on trunk(direction) Woodmore Track, Toolangi SF LBP ZA Investigation_Report - AL_FFRC J() Regrow th J(3) Mature (younger) J(4) Mature (older) J(5) Senescing () J(6) Senescing () 0

11 Notes on Results a (Hollow Bearing Tree data) [previous page] Ashton (975) considers Eucalyptus regnans trees greater than.50m DBH over bark as mature. However Ashton (976), considers Eucalyptus regnans trees greater than.3m DBH over bark as 0 years old (FFGA LBP AS #06 mature ). However, each HBT is assessed according to the range of criteria concerning their status as mature, as presented in the preceding tables, and further explained in this reports' discussion section. The minimum criteria used to include a tree as a mature HBT within this investigation is its assessment as equal to or greater than J3 (being the third growth stage, Mature (younger) of Jacobs (955)). This criteria (Jacobs 955), is referred to by Justice Osborne at paragraph 46 in his Judgment in MyEnvironment Inc. v VicForests in the Victorian Supreme Court 4 March 0 [0 VSC 9]. See this report's discussion section and APPENDIX' A and B for further details (Item ). Results b Figures -4. [following 4 pages] Figure. All 3 Hollow Bearing Trees recorded during survey, as listed in Table a. are displayed in Figure. Each living HBT is represented by a green circle symbol and is positioned and labeled according to its unique HBT ID and GPS location as displayed in the preceding Tables a. The red polygon (centre) shows the scheduled coupe extent of coupe (30.63ha) The total area contained within the blue polygon is 7.6ha representing a HBT density of 4. per hectare for the 3 trees included in the polygon generation. 6 Stags (dead Eucalypt trees) are displayed as brown diamonds. (NB: the Stags (dead HBT's) are not included in the polygon generation/density calculations) Figure. Figure. shows the same information as described above overlayed on satellite imagery. Figure 3. All 3 living HBT's and 6 dead HBT's (stags) are displayed in Figure 3. (see above for symbology) The total area contained within the solid green polygon is 4.7ha representing a HBT density of.68 per hectare for the 38 trees included in the polygon generation. (NB: the Stags (dead HBT's) are also included in the polygon generation/density calculations) Figure 4. All 3 living HBT's and 6 dead HBT's (stags) are displayed in Figure 3. (see above for symbology) The total area contained within the solid purple polygon is 9.58ha representing a HBT density of 3.34 per hectare for the 3 trees included in the polygon generation. (NB: the Stags (dead HBT's) are not included in the polygon generation/density calculations) Flora and Fauna Guarantee Action Statement, Leadbeater's Possum, Gymnobelideus leadbeateri #06, Department of Sustainability and Environment, Melbourne, 003, p. 5-6 Jacobs M. R., Growth Habits of the Eucalypts, Forestry and Timber Bureau, Woodmore Track, Toolangi SF LBP ZA Investigation_Report - AL_FFRC

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16 Discussion (considering Method a) Flora and Fauna Guarantee Act - Action Statement for Leadbeater's Possum #06 ZONE A The first dot point for FFGA Zone A classification The "First criterion for inclusion/analysis" followed in this investigation requires that; "mature ash forest (>0 years old) and mixed aged ash forest where the oldest age class is mature (>0 years old)" be protected form logging by its inclusion in "Zone A Special Protection Zones" ("Zone A SPZ"). Additional criterion; "the minimum area for assessment and establishment of Zone A type forest shall be 3 hectares.". Within the 7.6ha Leadbeater's Possum Zone A patch presented in Results b Figure. as the blue polygon there is 3 HBT's of varying sizes ranging from a Eucalyptus regnans indivdual at.30m DBH to a Eucalyptus regnans indivdual at 3.06m DBH.. In Justice Osborne's Judgment in MyEnvironment Inc. v VicForests in the Victorian Supreme Court 4 March 0 His Honour at Paragraph 77 refers to "Smith and Lindenmayer, Tree Hollow Requirements of Leadbeater s Possum and Other Possums and Gliders in Timber Production Ash Forests of the Victorian Central Highlands (988)"3 and in particular its reference to the "Ashton (976)"4 publication of Eucalyptus regnans tree age as determined by DBH measurements accompanied by its corresponding caution:5 3. In 975 Ashton, D. H. published the following table indicating a correlation between DBH measurements and age classification:6 4. If the "criterion for inclusion" under consideration here is for "mixed aged ash forest where the oldest age class is mature (>0 years old)" then it must be considered whether the oldest age class within the study location is "mature (>0 years old)". 5. Of the 3 HBT's within the blue polygon 9 of these had a DBH =/> than.5m. 6. According to Ashton (975) Eucalyptus regnans trees with a DBH between.50m and 3 Smith and Lindenmayer, Tree Hollow Requirements of Leadbeater s Possum and Other Possums and Gliders in Timber Production Ash Forests of the Victorian Central Highlands (988) 5 Australian Wildlife Research Ashton, D. H., "The Development of Even-aged Stands of Eucalyptus regnans F. Muell in Central Victoria", Australian Journal of Botany, 976, 4, ibid., p Ashton, D. H., "The Root and Shoot Development of Eucalyptus regnans F. Muell", Australian Journal of Botany, 975, 3, p Woodmore Track, Toolangi SF LBP ZA Investigation_Report - AL_FFRC 6

17 .50m are considered to be "Mature" and between years old. 7. At least 9 of the HBT's used in the polygon generations are "Mature" and within the ageclass " years". 8. Using the equation indicating a relationship between DBH and age given in Ashton (976), logy =.0 logx where y is the DBH (cm) and x the age in years7 the minimum age of 9 trees considered under this criterion given a DBH of.50m is 36 years of the 3 HBT's considered within this report are considered > 0 years according to Ashton (976) with each having a DBH.34m. 0. The oldest age class in the forest within the 7.6ha Leadbeater's Possum Zone A patche is thus "mature (>0 years old)" and exists in an area greater than 3 hectares.. The data presented in Table a. and Figure. indicate that the forest type within the area under investigation is mixed aged ash-eucalypt forest.. The study location indicated in Figures. must be included in the SPZ under this criterion. The second dot point for FFGA Zone A classification The "Second criterion for inclusion/analysis" followed in this investigation requires that; "regrowth ash forest with at least live hollow bearing trees per 3 ha" be protected form logging by its inclusion in "Zone A Special Protection Zones" ("Zone A SPZ"). ZONE A Additional criterion; "the minimum area for assessment and establishment of Zone A type forest shall be 3 hectares." 3. The data presented in Table a. and its corresponding Figure. within the blue polygon displays an area of forest of 7.6ha as present within and adjacent to the subject scheduled coupes that contain 3 living HBT's living HBT's within 7.6ha equates to a living HBT density of 4.living-HBT's/ha which is greater than that which is required under the present criterion ( living-hbt's/3ha equating to 4 living-hbt's/ha). 5. At least live hollow bearing trees per 3 ha exist within the study location for this criterion. 6. The area indicated in Figure. generated from the data in Table a. must be included in the SPZ under this criterion. 7 Ashton, D. H., "The Development of Even-aged Stands of Eucalyptus regnans F. Muell in Central Victoria", Australian Journal of Botany, 976, 4, , p Woodmore Track, Toolangi SF LBP ZA Investigation_Report - AL_FFRC 7

18 Discussion (considering Method b) Central Highlands Forest Management Plan - Leadbeater's Possum Management Prescriptions CH FMP ZONE A interpretation The "Third criterion for inclusion/analysis" followed in this investigation requires that; "> Living trees of the species Mountain Ash, Alpine Ash or Shining Gum containing hollows per 3 ha in patches greater than 3 ha" be protected form logging by its inclusion in "Zone A Special Protection Zones" ("Zone A SPZ"). Additional criterion; considered in this investigation is that each of the HBT's considered under this "Third criterion for inclusion" be "mature and/or senescent".. The data presented in Table a. and it corresponding Figures. displays a 7.6ha patch of forest as the blue polygon that contains 3 HBT's of the species Eucalyptus regnans within and/or adjacent to the scheduled logging coupes under consideration in this report.. 3 living HBT's within 7.6ha equates to a living HBT density of 4. living-hbt's/ha which is equal to or greater than that which is required under the present criterion (> living-eucalyptus regnans-hbt's/3ha in patches > than 3ha, equating to > 4 livingeucalyptus regnans-hbt's/ha). Ashton (975) 3. As already explained in the "FFGA discussion" above, Ashton (975) considers trees of DBH.50m to be "Mature" living-eucalyptus regnans-hbt's in Results have DBH measurements.50m indicating that they are mature. 5. The remaining living-eucalyptus regnans-hbt included in the Results. section of this report which is less than.50m DBH is addressed as follows: Jacobs (955) 6. In Justice Osborne's Judgment in MyEnvironment Inc. vs VicForests in the Victorian Supreme Court 4 March 0 His Honour at Paragraph 46 addresses the complicated nature of characterising and identifying both "maturity" and "senescence": 46 It was submitted on behalf of MyEnvironment that the terms mature and senescing were so uncertain as to be meaningless. Whilst I accept that the evidence shows that a mature tree might be over 00 years old or might only be 90 years old, I do not accept this submission. It is apparent that the terms mature and senescing have a meaning well understood by foresters, which accords with that articulated by Jacobs in the 955 publication to which the FMP itself refers.8 Further, they are terms deliberately adopted in the earlier section of the FMP which utilises them for the classification of forest stages. Mr Ryan reproduced in evidence Jacob s classification. The classification is based upon the form of the crown of the tree assessed. He explained that the illustration was originally prepared with respect to Blackbutt eucalyptus pilularis. I accept that the terms are capable of ready practical application on the ground. 8 Mr Spencer s evidence is that in practice VicForests applies this standard conservatively and treats the standard as being met where there are 0 mature or senescing trees per 3 hectares Woodmore Track, Toolangi SF LBP ZA Investigation_Report - AL_FFRC 8

19 7. Osborne J acknowledges that trees younger than those in the age class "00-300years" designated by Ashton (975) may be "mature", due to varying interpretations of "maturity" but that given the LBP habitat prescriptions were designed not for scientists but for foresters a general interpretation of maturity based on an even more subjective view of each HBT's "crown form" was favoured. See the following diagram: 8. All of the 3 living-eucalyptus regnans-hbt's recorded were assessed against the schemtaic diagram of Jacobs (955) and were found to conform to at least the third stage ( J3 ) which aims to represent Mature (younger) trees. 9. All of the 3 living-eucalyptus regnans-hbt's recorded are thus classified as mature'' (See Table. and Appendix A HBT photographs for further detail). Maturity (General) 0. I. R. Ball et. al. in "A tree hollow dynamics simulation model"9 considers the questions of "maturity" and "senescing" with again another interpretation.. This paper defines any tree characterised as "Form " ("mature living tree with hollows")0 or above as "senescing" due to development in its degree of decay. "Form 0" in this report is the only growth stage that classifies trees as neither mature nor senescing. "Form 0" trees do not contain hollows. By implication all HBT's of any age class or DBH are prima facie considered to be both "mature and/or senescing".. All HBT's recorded in the course of this investigation are of "Form " or a greater form of senescence and under this interpretation are "mature and/or senescing". Ashton (976) 3. In addition Ball et. al. reiterate precaution in the use of DBH measurements as an indicator of age class by stipulating that the sum published by Ashton (976) (and republished in this report as "Y = X.0", where Y is the DBH and X the age in years) relates to the age class "before decay begins". 9 I.R. Ball et al., "A tree hollow dynamics simulation model", Forest Ecology and Management 3 (999) ibid. p. 8 ibid. p Woodmore Track, Toolangi SF LBP ZA Investigation_Report - AL_FFRC 9

20 4. Using this equation, "Y = X.0", where Y is the DBH(cm) and X the age in years, the minimum age of trees considered under this criterion given a DBH of.30m is 8 years. 5. This equation is further reproduced in Dean, Christopher et. al. Growth Modelling of Eucalyptus regnans for Carbon Accounting at the Landscape Scale 3, where it is accompanied by the following figure: Maturity (Summary) 6. All 53 living Eucalytpus regnans HBT's with a DBH greater than.3m (0 years) or that conform to J3 (or greater) of Jacobs (955) as displayed in Table a. and mapped in Figures. are of the requisite "Mountain Ash" species and meet one or more of the preceding interpretations of "maturity and/or senescence" and are arranged in configurations of > 4 HBT's per 3ha over areas > 3ha. 7. The area within the blue polygon in Figures. generated from the data in Table a. must be included in the SPZ under this criterion. ibid. p. 8 3 Dean, Christopher et. al. Growth Modelling of Eucalyptus regnans for Carbon Accounting at the Landscape Scale, in Amaro, A. et al. (ed), Modelling Forest Systems, CABI Publishing, Oxon, UK, Woodmore Track, Toolangi SF LBP ZA Investigation_Report - AL_FFRC 0

21 Discussion 3 (considering Method c) New Restoration Forest Management Prescriptions to Conserve Leadbeater s Possum and Rebuild the Cover of Ecologically Mature Forest in the Central Highlands of Victoria 4 Prescription :.. Zone habitat for Leadbeater s Possum is any area of forest of 3 hectares or more that supports eight or more living or dead hollow-bearing trees per 3 hectares... Zone habitat will be protected by a 00 m wide buffer of unlogged forest. Glossary Hollow: Any cavity at any height in a tree including holes, fissures and hollow branches (as determined by observation using binoculars; see Lindenmayer et al., 993b) and which can be occupied by any species of arboreal marsupial. Hollow-bearing tree: A hollow-bearing tree is defined as any tree of any height, whether it is living or dead, greater than 80 cm in diameter at breast height and containing one or more hollows (sensu Lindenmayer et al. 997; see Lindenmayer et al. 993b). Zone Habitat. 38 Hollow-bearing Trees ( HBT's ) were observed and recorded within or adjacent to the forest that comprises VicForests scheduled and tapped out logging coupe Each of these 38 HBT's were a mix of living and dead trees and each was observed as clearly > 0.8m DBH and contained one or more hollows in accordance with Prescription. and its corresponding Glossary detailed above. 3. Prescription. requires a HBT density of.67 HBT's p/ha. 4. The solid green line encompassing all of the HBT's shown in Results b Figure 3 is 4.7 hectares, and as such is clearly 3 hectares or more. This area of forest has a HBT density of.68 HBT's p/ha. 5. The area of forest within the solid green line is Zone potential habitat for Leadbeater's Possum. 00m Zone Habitat Buffer 6. Figure 3. shows a dashed green line polygon offset at 00m from the perimeter of the 4.7ha LBP Zone Habitat identified above. ANU LBP Z Summary 7. Logging should be excluded from the area of forest contained within the 00m buffer dashed green line surrounding the ANU Zone patch displayed in Results. Figure 3. 4 David B. Lindenmayer, David Blair, Lachlan McBurney and Sam Banks, New Restoration Forest Management Prescriptions to Conserve Leadbeater s Possum and Rebuild the Cover of Ecologically Mature Forest in the Central Highlands of Victoria, Version : July 03, Fenner School of Environment and Society, Australian National University, Canberra, ACT, Australia, Version, July 03, p Woodmore Track, Toolangi SF LBP ZA Investigation_Report - AL_FFRC

22 Discussion 4 (considering Method d) Leadbeater s Possum Recommendations: Report to the Minister for Environment and Climate Change and the Minister for Agriculture and Food Security Recommended Package of Actions 6.) Amend the definition of Leadbeater's Possum Habitat Zone A Intent: To protect hollow-bearing trees to increase the chance of retaining suitable habitat for Leadbeater s Possums. The more hollow-bearing trees per hectare on a site, the higher the probability is that Leadbeater s Possum will occur on that site. Current prescription: Zone A is currently defined as live, mature hollow-bearing ash trees per three hectare patch, with hollow-bearing trees defined by the DEPI Survey Standards: Leadbeater s Possum Habitat Zones.5 Action: Amend the definition of Zone A to 0 live, mature or senescent hollow-bearing ash trees per three hectare patch. (The definitions of mature, senescent, hollow-bearing, patch and all other definitions included in the survey methodology are to remain as described within the current DEPI Survey Standard: Leadbeater s Possum Habitat Zones.)6 Zone A Habitat. The data presented in Table a. and it corresponding Figure 4. displays a 9.58ha patch of forest as the purple polygon that contains 3 HBT's of the species Eucalyptus regnans within and/or adjacent to the scheduled logging coupes under consideration in this report.. 3 living HBT's within 9.58ha equates to a living HBT density of 3.34 living-hbt's/ha which is equal to or greater than that which is required under the present criterion's recommended ammendments to 0 living(mature)-eucalyptus regnans-hbt's/3ha in patches > than 3ha, equating to > 3.33 living(mature)-eucalyptus regnans-hbt's/ha). 3. The 34 Hollow-bearing Trees ( HBT's ) displayed within Results b. Figure 4. are all considered mature in the same way as was detailed within Discussion and above. 4. The area of forest within the purple polygon displayed within Results b. Figure 4 is LPAG recommended Zone A habitat for Leadbeater's Possum and should be excluded from logging and included in the Special Protection Zone (SPZ). 5 This is the current applied definition following MyEnvironment Inc v VicForests 0 and confirmed in the 03 Supreme Court of Appeal decision. [#See note on page 9. above and APPENDIX B] 6 Leadbeater s Possum Recommendations: Report to the Minister for Environment and Climate Change and the Minister for Agriculture and Food Security, Leadbeater s Possum Advisory Group, 0 January 04, p Woodmore Track, Toolangi SF LBP ZA Investigation_Report - AL_FFRC

23 Conclusions (considering Discussion's -4/Methods a-d). An area of Leadbeater's Possum Zone A habitat identified under the each of the various prescriptions summarised below was identified within this investigation within and adjacent to scheduled coupe This area must be protected from logging and the impacts of regeneration burning via its inclusion in the Special Protection Zone (SPZ). In summary, this conclusion is drawn from the following; Flora and Fauna Guarantee Act - Action Statement for Leadbeater's Possum #06 ZONE A The first dot point. The oldest age class within the blue polygon presented in Figure. is "mature (>0 years old)" and is an area greater than 3 hectares. 3. The forest identified within the blue polygon in Figure. generated from the data in Table a. must be included in the SPZ under this criterion. ZONE A The second dot point 4. At least live hollow bearing trees per 3 ha exist within the blue polygon presented in Figures. and is an area greater than 3 hectares. 5. The forest identified within the blue polygon in Figure. generated from the data in Table a. must be included in the SPZ under this criterion. Central Highlands Forest Management Plan - Leadbeater's Possum Management Prescriptions ZONE A 6. All 3 living Eucalytpus regnans HBT's with a DBH greater than.3m and/or conforming the mature classifications of Jacobs (955) as displayed in Table a. and mapped in Figure. are of the requisite "Mountain Ash" species and meet one or more of the preceding interpretations of "maturity and/or senescence" and are arranged in configurations of > 4 HBT's per 3ha over an area >3ha. 7. The forest identified within the blue polygon in Figures. generated from the data in Table a. must be included in the SPZ under this criterion. Australian National University - New Restoration Forest Management Prescriptions Recommended ZONE 8. Each of the 38 living and dead Hollow-bearing Trees displayed in Figure 3. are >0.80m DBH and exist within the green polygon displayed in Figure 3. at an HBT density.67 HBT's p/ha. This Zone patch is displayed buffered by the dashed green polygon offset at 00m. 9. The forest identified within the dashed green polygon in Figure 4. generated from the data in Table a. should be included in the SPZ under this criterion. Leadbeater's Possum Advisory Group - Recommended Prescription Amendments Recommended ZONE A 0. All 3 living Eucalytpus regnans HBT's with a DBH greater than.3m and/or conforming the mature classifications of Jacobs (955) as displayed in Table a. and mapped in Figure 4. are of the requisite "Mountain Ash" species and meet one or more of the preceding interpretations of "maturity and/or senescence" and are arranged in configurations of > 3.33 HBT's per 3ha over an area >3ha.. The forest identified within the purple polygon in Figures 4. generated from the data in Table a. must be included in the SPZ under this criterion Woodmore Track, Toolangi SF LBP ZA Investigation_Report - AL_FFRC 3

24 APPENDIX B (Note: APPENDIX A containing Hollow-bearing Tree photographs attached separately) Logging of suitable habitat for Leadbeater s Possum It has become clear to members of the ANU team that VicForests staff are not sufficiently trained to recognise suitable habitat or habitat trees for Leadbeater s Possum. This has resulted in areas of suitable habitat for this nationally endangered species being logged. For example, the clear tell-tale signs of the species presence (actively used keyhole cavities in dead stag trees) were overlooked on a number of coupes such as South Col in the Toolangi region. This lack of training also includes species other than Leadbeater s Possum. Consistent, ongoing, formal and adequate training of staff in recognising all habitat elements in these forests is crucial to ecologically sustainable forest management. In addition, suitable areas of habitat will be logged due to the recent weakening of survey protocols for Leadbeater s Possum by both DEPI and VicForests, including the deliberate strategic narrowing of their definition of mature trees. This truncates the younger end of the original mature spectrum by as much as 60 years, leaving hollow bearing trees that are not yet beginning to senesce open to harvesting, including those from 939 age forest. This clearly goes against the original intention and understanding of those who were responsible for the original LBP Action Statement. These changes are particularly disappointing given that VicForests Forest Management Plan (September 03, v for public consultation) states that VicForests is committed to the maintenance and protection of forest biodiversity (Section 8, Biodiversity). The commitment is that VicForests will work with other forest managers to protect sufficient habitat for all species to thrive and use of the precautionary approach to environmental management. The precautionary principle in this instance would involve retaining the original definition of hollow bearing tree (any tree with a hollow) rather than taking those who question this change in definition to court. Given that 4% of the suitable habitat for Leadbeater s Possum was lost in the 009 Black Saturday fires, inappropriate assessments of the forest to determine habitat suitability for this species is poor forest management practice. This is a major problem given the very large number of proposed coupes (> 40) on the current Timber Release Plan which are unlikely to be properly assessed prior to the commencement of clearfelling, which will kill animals on site and then render the subsequent regrowth forest unsuitable habitat for Leadbeater s Possum for at least the following 0 years. 7 7 Lindenmayer, David B., Blair, David, McBurney, Lachlan, Submission: Comments on Forest Management Practices by Vic Forests, Fenner School of Environment and Society, The Australian National University, Canberra, September Woodmore Track, Toolangi SF LBP ZA Investigation_Report - AL_FFRC 4

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