Report: Threatened Species Detection & Rainforest Investigation Within Vicforest Logging Coupes: &

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Daniel Wilkerson
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1 Report: Threatened Species Detection & Rainforest Investigation Within Vicforest Logging Coupes: & FFGA Threatened Flora Species: Cyathea cunninghamii (Slender Tree-fern). Rare Ecological Vegetation Class: East Gippsland Foothills Warm Temperate Rainforest EVC 32. Rainforest Site Of Significance Mt Buck-EG42 Mt Buck, Curlip Forest Block, East Gippsland. Abstract: Sections within and adjacent to Vicforests clear-fell logging coupes & were investigated to identify the presence of rainforest & rare or threatened flora species and other biodiversity conservation values. Rare or threatened flora species presence was documented and species location details and photographic records were obtained. This investigation identified the presence of Cyathea cunninghamii (Slender Tree fern) adjacent to Vicforest clear-fell logging coupes & Analysis of this information and spacial data of other known records of Cyathea cunninghamii (Slender Tree fern) from VBA-25 & Forest Management Zoning, shows that to date planning & zoning processes required by Vicforest & the Department of Environment, Land, Water and Planning (DELWP) have not identified the location of rare plant species or provided appropriate management & protection zones for Cyathea cunninghamii (Slender Tree fern) throughout this area, leaving this species vulnerable to the effects of Vicforests scheduled logging operations. Vicforests operations have not complied with their obligations to conserve significant ecological values, including through application of the precautionary principle and implementation of mandatory management actions relevant to the potential population extent of rare and threatened species identified in the areas detailed within this report. Recommendations are made to the Department of Environment, Land, Water and Planning (DELWP) to pursue the requirements of the precautionary principle and the need to apply appropriate management zones within the study location and ensure that rare and threatened species throughout State Forest areas are not affected by the impact of Vicforest logging operations. Relevant Legislation: Management Standards and Procedures for timber harvesting operations in Victoria s State forests, 2014 (MSP's) Planning Standards for timber harvesting operations in Victoria s State forests 2014 (Planing Standards) Code of Practice for Timber Production 2014 (Code) East Gippsland Regional Forest Agreement (RFA) East Gippsland Forest Management Plan (FMP) Flora and Fauna Guarantee Act 1988 (FFGA) Status of Site: Vicforest Logging Coupes , are currently on approved Vicforest TRP Scheduled, is listed as harvest pending on Vicforest THSZ website. Investigation Report: Investigation: Goongerah Environment Centre (GECO). Surveyors: Tiff, Owen Hanson Assessment by: Owen Hanson Author: Owen Hanson G.E.C.O Investigation Report Rare and Threatened Species & Communities. VF Coupes , Date: O..H.

Location Details: Area of concern is within and adjacent to Vicforest logging coupes 827-513-0017 & 827-515-0006 (circle in red), north of Orbost on the

Detail from: "Approved Timber Release Plan 2013-2016 Change Map; August 2015 (with all approved amendments applied) Orbost (West), Vicforest, 31 August

2 Location Details: Area of concern is within and adjacent to Vicforest logging coupes & (circle in red), north of Orbost on the Old Bonang Hwy at Mt Buck in the Orbost district, East Gippsland. Figure 1. Detail from: "Approved Timber Release Plan Change Map; August 2015 (with all approved amendments applied) Orbost (West), Vicforest, 31 August Map 1. Cyathea cunninghamii Slender Tree-fern records within Rainforest Site Of Significance Mt Buck-Eg42 G.E.C.O Investigation Report Rare and Threatened Species & Communities. VF Coupes , Date: O..H.

3 Investigation Report & Threatened Species Detections Aim: To Determine The Presence Of Rare Threatened Species & Communities. The Purpose of this investigating was to determine the presence of rare or threatened flora species & Communities, including Warm Temperate Rainforest (EVC32), Cyathea marcescens Skirted Tree-fern and FFGA listed species Cyathea cunninghamii Slender Tree-fern, within and adjacent to Vicforest clear-fell logging coupes & Both the hybrid Cyathea marcescens & the parent genus Cyathea cunninghamii were found in close proximity to planned Vicforest Logging operations, along with surrounding Warm Temperate Rainforest. Method: Date of investigation: Site Assessments (walking throughout forested areas within and adjacent to coupes). Site visits were conducted into various areas likely to contain rainforest within and adjacent to Vicforest logging coupes & , exploring the rainforest & rainforest margins for rare and threatened flora. As Rare or threatened flora species presence was documented and species location details and photographic records were obtained. Assessment of rainforest elements such as composition, distribution and disturbance severity of 2014 bushfire, was conducted throughout the site and with GIS spacial data & aerial imagery. For servilely burnt rainforest areas the differential species approach (Differential Species Keys for the Delineation of Rainforest Boundaries July 2011 ) along with aerial imagery pre-2014 bushfire, was used to ascertain the extent and boundary. Results: 1. Threatened Species Detection Cyathea marcescens & Cyathea cunninghamii Photographed Individuals & Identification Features, & Displayed Location. See: Map2. 2. Presence, Distribution & Composition of Warm Temperate Rainforest. Ground & Aerial Assessed 2014 fire & on-fire Affected Rainforest. See: Map2. Table 1. & Assessment of Identified Values & Actions Required for There Protection. 4. Conclusions & Recommendations See: Map3. See Page 10. Photo of Large Specimen Morinda jasminoides G.E.C.O Investigation Report Rare and Threatened Species & Communities. VF Coupes , Date: O..H.

Results 1. Skirted Tree-fern Cyathea marcescens & Slender Tree-fern Cyathea cunninghamii.

2) were encountered within an area of rainforest along the tributary bordering the two

One of the individuals shown below Cyathea cunninghamii was not more than ten meters from the

appearance, and identification feature s such fronds & scales easily accessible.

5838287 Scales of Cyathea cunninghamii Slender Tree-fern Trunk of Cyathea marcescens Skirted

coupes down stream from Tree-fern detections Additional Species Locations of Cyathea Species :

4 Results 1. Skirted Tree-fern Cyathea marcescens & Slender Tree-fern Cyathea cunninghamii. Several individuals of Cyathea marcescens & Cyathea cunninghamii (identified in Map.2) were encountered within an area of rainforest along the tributary bordering the two Vicforest logging coupes. One of the individuals shown below Cyathea cunninghamii was not more than ten meters from the edge of the road where it crosses the main rainforest gully, and was readily identifiable in appearance, and identification feature s such fronds & scales easily accessible. Scales of Cyathea cunnhamii Slender Tree-fern Cyathea cunninghamii Location 55 H Scales of Cyathea cunninghamii Slender Tree-fern Trunk of Cyathea marcescens Skirted Tree-fern Cyathea marcescens Location 55 H Rainforest gully between logging coupes down stream from Tree-fern detections Additional Species Locations of Cyathea Species : 55 H H H H G.E.C.O Investigation Report Rare and Threatened Species & Communities. VF Coupes , Date: O..H.

5 Results 1. Map 2. Detection Sites of Rare Tree-ferns Results 2. Map 2. Presence and distribution of Warm Temperate Rainforest. Ground and Aerial assessed 2014 fire affected & non-fire affected Rainforest. G.E.C.O Investigation Report Rare and Threatened Species & Communities. VF Coupes , Date: O..H.

6 Results 2. Presence and distribution of Warm Temperate Rainforest. Map2. Ground and aerial assessed 2014 fire affected & non-fire affected Rainforest. Warm Temperate Rainforest was encountered throughout each of the three gully systems bordering the two Vicforest logging coupes & The ground assessment of rainforest was based on the floristic composition, structural integrity following multiple disturbance history (logging & fire), and the distribution of rainforest throughout the site. The rainforest assessed using aerial imagery shown in Map 2. tries to best represent the extent these values based on a comparison of the aerial imagery covering known rainforest areas discovered on site with similar areas of contiguous and nearby forest shown in the aerial imagery. See Map2. The integrity of rainforest in areas post the 2014 bushfire was assessed and where severely damaged rainforest was identified as having severe canopy damage or canopy removed completely, in this circumstance the differential species approach (Differential Species Keys for the Delineation of Rainforest Boundaries July 2011 ) was used to ascertain the boundary. This occurred within logging coupe along a section of the northern boundary. The extent of severely burnt rainforest areas out side of the coupes are ascertained by aerial imagery pre 2014 bushfire. See: Table 1. & Map2. Results 2. Delineation of Rainforest Boundaries using the differential species approach. Table 1. East Gippsland Foothills Warm Temperate Rainforest ame: Owen Hanson Date: ame: Tif f Date: ame: Coupe: Loc. DATA SHEET: Rainforest delineation through Differential Species Mt B uck SOS Warm Temperate Rainforest Foothill & Lowland Sclerophyll Forest (P hoto of Diff SP CS: ( )) Rainfore s t Diffe re ntial Spe cie s. Common ame: S pecies: Syzygium smithii Lilly Pilly Cissus hypoglauca Jungle Grape Marsdenia rostrata Milk-vine Rubus moluccanus Queensland Bramble Gahnia melanocarpa Black-fruit Saw-sedge Urtica incisa Scrub ettle Myrsine howittiiana Mutton-wood Morinda Jasminoides Jasmine Morinda Asplenium bulbiferum Mother Spleenwort Lastreopsis acuminata Shiny Sheild-fern Microsorum pustulatum Kangaroo Fern Dick sonia antarctica Soft Tree-ferm Fielia australis Fieldia otelaea venosa Large Mock-olive Parsonsia Brownii Rubus rosifolius Crepidomanes venosum Astralina pusilla Blechnum wattsii Pittosporum undulatum Tristaniopsis laurina Twining Silkpod Rose-leaf Bramble Veined Bristle-fern Shade ettle Hard Water-fern Sweet Pittosporum Kanooka Distance between Way-Points (10-30) Meters G PS ACCURACE:( ~10m Way-Point no.( ) ) (+) Eco-tone Trans e ct Line Along Contour SLOPE. Moderate to Steep Scle rophyll Diffe re ntial Spe cie s. Common ame: S pecies: Eucalyptus obliqua Messmate Stringybark TO TAL: Eucalyptus cypellocarpa Mountain Grey-gum Pteridium esculentum Austral Bracken Tetrarrhena juncea Forest Wire-grass Dianella Tasmanica Tasman Flax-lily Goodia lotifolia Golden Tip Calochlaena dubia Common Ground-fern Spreading Fan-fern Polyscias sambucifolia Elderberry Panax Geranium potentilloides Soft Crane's-bill Sticherus lobatus Eco-tone Transect Line Along Contour Site Aspect: orth facing Site Conditions: Servilely burnt Site History:Pre1980 Logging Disturbance STRUCTURE Dist. (O)old, (P)p ast, ()new Disturbance FIRE G.E.C.O Investigation Report Rare and Threatened Species & Communities. VF Coupes , Date: O..H.

7 Results 2. Rainforest Floristic Composition. Table 2. Character Species For ast Gippsland Foothills Warm Temperate Rainforest Acacia melanoxylon Blackwood Microsorum scandens Acmena smithii Lilly Pilly Morinda jasminoides Allantodia australis Aus tral Lady-fern otelaea venosum Asplenium bulbiferum ssp. Muelleri Mother Spleenwort Olearia argophylla Bedfordia arborescens Blanket Leaf Pandorea pandorana Blechnum cartilagineum Gristle Fern Parsonsia Brownii Blechnum nudum Fishbone Water-fern Pimelea axiflora Blechnum patersonii Strap Water-fern Pittosporum undulatum Blechnum wattsii Hard Water-fern Polyphlebium venosum Calystegia marginata Forest Bindweed polystichum proliferum Cassinia trinerva Three-nerved Cassinia Pomaderris aspera Cissus Hypoglauca Jungle Grape Prostanthera lasianthos Clematias aristata Mountain Clematis Pyrrosia rupestris Clematias glycinoides var.glycinoides Forest Clematis Rapanea howittiana Coprosma quadrifida Prickly Current-bush Rubus hillii Cyathea australis Rough Tree-fern Rubus rosifolius Dianella tasmanica Tasman Flax-lily Rumohra adiantiformis Dick sonia antarctica Soft Tree-fern Sambucus gaudichaudiana Elaeacarpus holopetalus Black Olive-berry Sarcopetalum harveyanum Elaeocarpus reticulatus Blue Olive-berry Smilax astralis Eucalyptus cypellocarpa Mountain Grey Gum Tylophora barbata Eucalyptus fastigata Cut-tail Urtica incisa Eustrephus latifolius Wombat Berry Stellaria flaccida Fieldia australis Fieldia Telopea oreades Gahnia melanocarpa Black-Fruit Saw-s edge Tetrarrhena juncea Hedycarya angustifolia Aus tral Mulberry Viola hederacea Hymenophyllum cupressiforme Common Filmy Fern Other Species of interes t Lastreopsis acuminata Shiny Shield-fern Eupomatia lauina Marsdenia rostrata Milk-vine Cyathea Cunninghamii Microsorum pustulatum Kangaroo Fern Cyathea marcesense Results 3. Assessment of identified values and the actions required for there protection. Map3. Areas of rainforest assessed containing newly found & previously recorded tree-fern species Cyathea marcescens & Cyathea cunninghamii did not all fall within the modelled rainforest from spacial data V2005_EVCBCS, nor did rainforest areas always constitute Vicforest's narrow definition based only on structural overstory configuration of a select few canopy species for Warm Temperature Rainforest. This included areas where the situation and environmental conditions were not presently suitable to consist of a continuous closed canopy, examples such as Tree-fern dominated gullies of witch host the protected Cyathea species Slender Tree-fern and other rare flora species, other examples were bed rock tributaries, a small rocky gorge, as well previous severe logging disturbance, roading and fire damaged areas. Analysis of previously known records of Cyathea cunninghamii Slender Tree-fern (as represented by spacial data VBA25 ) are obviously positioned incorrectly and occurred in areas well away from modelled rainforest V2005_EVCBCS. As the exacted locations and distribution of the protected flora species Cyathea cunninghamii is certainly not sufficiently known, nor is the habitat adequately represented or recognised in the field by Vicforest, the department DEWLP must ensure that Vicforest comply with mandatory actions for the protection of this species including precautionary protection measures covering the species habitat throughout these areas together with a surrounding vegetative buffered area excluded from the impacts of logging operations including regeneration burns. An assessment of the likely habitat and range of protected species Cyathea cunninghamii within the area of concern is detailed in (Map3.), along with a minimum logging exclusion buffer or (SPZ) of 100m extending out from assessed habitat. Further a 250m (SMZ) must be established over the of the population range in this area. See Map3. Photo: Burnt Rainforest G.E.C.O Investigation Report Rare and Threatened Species & Communities. VF Coupes , Date: O..H.

8 Results 3. Map 3. Assessment of identified values and the actions required for there protection. G.E.C.O Investigation Report Rare and Threatened Species & Communities. VF Coupes , Date: O..H.

9 Legislation & Management Prescriptions From: Code of Practice for Timber Production 2014, Department of Environment and Primary Industries, The State of Victoria, 2014 Mandatory Actions Addressing biodiversity conservation risks considering scientific knowledge The precautionary principle must be applied to the conservation of biodiversity values. The application of the precautionary principle will be consistent with relevant monitoring and research that has improved the understanding of the effects of forest management on forest ecology and conservation values. precautionary principle means when contemplating decisions that will affect the environment, careful evaluation of management options be undertaken to wherever practical avoid serious or irreversible damage to the environment; and to properly assess the riskweighted consequences of various options. When dealing with threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. From: Planning Standards for timber harvesting operations in Victoria s State forests 2014, Appendix 5 to the Management Standards and Procedures for timber harvesting operations in Victoria s State forests Flora detection based zoning East Gippsland FMA Include all verified populations of species regarded as threatened at a State or national level in the SPZ or SMZ Include substantial representative populations of species that are rare in Victoria, and poorly known, have few records or are at the edge of their range in East Gippsland in the SPZ or SMZ Wherever practicable include populations in larger parts of the SPZ or SMZ in combination with other values. Table 5 Detection based FMZ rules for flora. FMA Common name Scientific name Zoning management Management actions actions East Gippsland (Slender Tree-fern) Cyathea Establish a SMZ of Conduct a site inspection cunninghamii 250m radius over and detailed planning in verified populations. consultation with DEPI to ensure the species is adequately protected during timber harvesting operations. Review From: East Gippsland Regional Forest Agreement (RFA)1996. Attachment 1. Comprehensive Adequate Representative (CAR) Reserve System The (CAR) Reserve System has the following three components as described by the JAIS Reserve Criteria: i. Values Protected by Prescription. This comprises those elements of the SPZ protected by regional prescriptions, including stream buffers and all remaining rainforest and heathland vegetation together with a surrounding buffer. Attachment 2. Threatened Flora, Fauna & Communities Both parties recognise the range of mechanisms in place to conserve the habitat of rare and threatened flora and fauna in East Gippsland. These include protection within Dedicated Reserves and the Special Protection Zone (SPZ) or Special Management Zone (SMZ) in State forest, protection of key habitats such as rainforest, heathlands, and rare or threatened Ecological Vegetation Classes (EVC) under the Forest Management Plan, and the development of Action Statements or Recovery Plans for species listed under the Endangered Species Protection Act 1991 and the Flora and Fauna Guarantee Act G.E.C.O Investigation Report Rare and Threatened Species & Communities. VF Coupes , Date: O..H.

10 Conclusions & Recommendations 1. The Planning Standards for timber harvesting operations in Victoria s State forests 2014, Appendix 5 to the Management Standards and Procedures for timber harvesting operations in Victoria s State forests 2014 (section ) requires that all verified populations of Cyathea cunninghamii (Slender Tree-fern) be [included ]in the SPZ or SMZ. Further, these Planning Standards require that on detection of verified Cyathea cunninghamii (Slender Tree-fern) records, an SMZ of 250m radius must be established over each population. The failure of both Vicforests and DELWP to detect and adaptively manage for these significant conservation values in an appropriate way constitutes a serious breach of planning and operational obligations to abide by the 'precautionary principle' as mandated in the Code of Practice for Timber Production 2014 and to adhere to section of the Planning Standards for timber harvesting operations in Victoria s State forests 2014, Appendix 5 to the Management Standards and Procedures for timber harvesting operations in Victoria s State forests As a regulator of operations within Victoria's State Forests DELWP must ensure Vicforests abides by these mandatory principles and prescriptions including by applying the minimum buffers zones as displayed in Map3. for the Cyathea cunninghamii (Slender Tree-fern) locations displayed and any others found within 250m of Vicforests' scheduled logging coupes. 3. DELWP must restrain Vicforests from logging in the area of these Cyathea cunninghamii (Slender Tree-fern) records including areas within & adjacent to coupes & were it is likely the species is present, and protection of additional surrounding buffered areas. 4. A thorough search for the presence of and evaluation of the extent and population health of Cyathea cunninghamii (Slender Tree-fern) must be undertaken within any further areas where Vicforests intends to log and the species presence is possible. 5. All records of Cyathea cunninghamii (Slender Tree-fern) must be placed in a Special Protection Zone of 100m-250m radius buffer of which logging is excluded, and afford the same protection to all further surrounding habitat in that location where the species is recorded. When Species locations are situated along a watercourse or gully system, that watercourse or gully system must be buffered by a minimum 100m vegetated buffer for a 1km throughout the entirety of suitable habitat in that catchment. These protection measures must be applied as both a precautionary measure for the current situation for undiscovered or yet to be identified individuals, and as adequate and representative protection of the continued existence of the species now and in the long term. 6. Vicforest has failed to abide by planning & management procedures to sufficiently recognise and protect ecological & biodiversity values (new & previously known) within Rainforest Site Of Significance (SOS) Mt Buck-EG42 from potential impacts of logging operations. 7. Vicforest's track-record of poor practice for adequate protection and recognition of rainforest and significant flora is exacerbated by their narrow current working definition of rainforest, of which Warm Temperature Rainforest in East Gippsland consists of a assessment based on a structural overstory assemblage of nine species, two of which are rare in East Gippsland. This approach and continued practice is not adequate, and certainly not acceptable in relation to recognition & protection of rainforest and associated significant flora taxa within Rainforest Site Of Significance. 8. Logging MUST be excluded from within Rainforest Sites Of Significance across all forest management areas (FMA's) in the state of Victoria. G.E.C.O Investigation Report Rare and Threatened Species & Communities. VF Coupes , Date: O..H.

Koala and Greater Glider detection report, Ray s track coupes and , East Gippsland

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