Greetings,
We are writing to introduce you to Friends of Fairy Creek (FOFC). We are an organization of concerned community members and scientists who have recently filed an Action in the Supreme Court of British Columbia to save the Marbled Murrelet (MaMu) and its nesting habitat, Old Growth trees. The species and its habitat are specifically identified and protected under the Migratory Birds Treaty, the Migratory Birds Convention Act and Migratory Birds Regulations. There is no exception, the birds and their habitat must be preserved because they don’t build a nest. The Old Growth tree stands are their nests. There are also other species that are dependent on Old Growth trees, either their cavities that form over time with the age of these trees, or their upper platform limbs because the species rely on the height of those trees. The ancient trees must be preserved or many species will face extinction. If successful, our recent Court action filed in the Supreme Court of British Columbia, South Vancouver Island, Victoria, Canada, will protect MaMu and other at risk Old Growth dependent species that inhabit the last unlogged watershed of Old Growth trees at Fairy Creek on South Vancouver Island. The first Court hearing is set for the week of September 5, 2023.
We are hoping you can help. Contributions from supporters like you will support our commitment to save these species and the habitat they rely on for their very existence. Please visit our GoFundMe page.
To read a more detailed description of our organization and how we believe saving the ancient trees is legally required and in turn will effectively preserve the habitat of the Marbled Murrelet and other Old Growth reliant species, click here. The text of this description is also below.
We sincerely appreciate and look forward to your support.
Best Regards,
Friends of Fairy Creek
Michael Coon, Director, Co-Founder
Jenica K. Waymen, Director, Co-Founder
(250) 598-0640
friendsoffairycreek@gmail.com
FriendsofFairyCreek.org
Donate
Friends of Fairy Creek
Committed to Saving the Marbled Murrelet (MaMu), and its Nesting Habitat Old Growth
Jenica K. Waymen and Michael Coon
548 Beach Drive, Victoria, B.C., Canada V8S 2M5
Friendsoffairycreek@gmail.com
Greetings from Friends of Fairy Creek,
We are writing to introduce you to Friends of Fairy Creek (FOFC). We are an organization of concerned community members and scientists who have filed an Action in the Supreme Court of British Columbia to save
the Marbled Murrelet (MaMu) and its Old Growth nesting habitat. The species and its habitat are specifically protected under the Migratory Birds Treaty, the Migratory Birds Convention Act and Migratory Birds Regulations. There is no exception, the bird and its habitat must be preserved because they don’t build a nest. The Old Growth tree stands are their nests. The ancient trees must be preserved or many species will face extinction. If successful, our recent Court action filed in the Supreme Court of British Columbia, South Vancouver Island, Victoria, Canada, will protect MaMu and other at risk Old Growth dependent species that inhabit the last unlogged watershed of Old Growth trees at Fairy Creek on South Vancouver Island. The first Court hearing is set for the week of September 5, 2023.
We are asking the Court to declare that the current practice of Old Growth destruction, with massive clear cutting that has all but denuded the eastern portion of South Vancouver Island, is explicitly prohibited by the Migratory Birds Convention Act of Canada (The Act). Canada has been party to a Treaty since 1916, that gave rise to the Act, which specifically identifies MaMu as one of many species listed in the Act for protection. The enforcement of the Act is mandatory in British Columbia. It is currently being ignored by the timber industry and government officials. If Old Growth logging is not stopped, Southwest Vancouver Island will be denuded. The Act applies to all lands in Canada, whether Crown, government or privately held. Our Amended Petition (Petition) to the Court, with supporting Affidavits of Alan Burger, PhD, Christopher Bone, PhD, which detail the loss of Old Growth forests and corresponding sharp decline in the MaMu population, and all of the responsive legal documents from the Attorney Generals (AGs) of Canada and British Columbia, and the Attorneys for Teal Cedar can be found on our website, friendsoffairycreek.org. Our first proceeding before the Court is set for the week of September 5, 2023.
Rather than address the merits of our Petition, the AGs for Canada and British Columbia have filed an Application asking the Court to strike our Petition. They suggest that we are asking the Court to engage in an academic exercise. The MaMu would disagree. The loss of their nesting habitat is hardly an academic exercise. It is real and permanent because it takes 250 years, the minimum age of an Old Growth tree, to restore their nesting habitat.
Our attorneys have responded disproving the AGs’ contention that our Petition is limited to an academic exercise. Our Petition is well based in law and asks that the Court confirm the validity of the Migratory Birds Act and Regulations, adopted to preserve and sustain MaMu and its nesting habitat, Old Growth trees. No one disagrees that the Old Growth stands of trees are the nest for MaMu, a protected and endangered
migratory seabird. MaMu do not build a nest or land on the ground like most birds. MaMu fall from flight to land on the upper limbs of the Old Growth trees and also fall from flight to land on water when fishing. Its webbed feet are located far back on its underbody and assist MaMu to take flight by moving quickly across the water’s surface. It uses a stall landing to drop onto the upper moss-covered platform limbs of Old Growth trees.
A MaMu pair, lay one egg per year. MaMu require many hectares of Old Growth forests to select the right tree for their nest and to hide their egg and hatchling from predators. They also rely on the trees’ height to fall back into flight. MaMu come to Vancouver Island to nest in the late Spring every year. Once the hatchling has matured they all migrate to one of the five member nations, signatories to the Migratory Birds Treaty. The Treaty was originally executed by Canada, the United States, Mexico, Russia and Japan in 1916. Those 5 nations have since reaffirmed their member status. Canada and the United States re-signed the Treaty in 1994. The preceding link will allow you to access the original Migratory Birds Treaty and the Protocol containing the 1994 Amendments. In the Protocol, Article 2, the countries specifically agreed to the importance of protecting both migratory birds and their nesting habitats. In the case of MaMu, there is no dispute, the Old Growth is their nesting habitat. In Canada, the terms of the Treaty are embodied in the Migratory Birds Convention Act of 1994. Pursuant to the Act, both Federal and Provincial Governments have pledged to follow the Migratory Birds Regulations adopted to enforce the Act. Under the Treaty, it is illegal to harass a MaMu or damage, dismantle or destroy its nest. See Article 2 of the Treaty Protocol, 1994 and Section 5 of the Migratory Birds Regulations.
When the Treaty was adopted, it was to prevent the “indiscriminate slaughter” of MaMu and other species because of their well established ecologic and environmental importance. A violation of the Treaty carries very serious penalties, large fines and/or incarceration. Our action was filed requesting the Court confirm that this is indeed the Law of Canada and Old Growth must be preserved.
We are not opposed to logging. We believe the timber industry should rely on suitable second and third growth tree stands which will replenish with reforestation programs. Coastal Old Growth, however, are at least 250 year old trees. The trees are so tall that the moisture near their upper limbs create the mossy platform necessary to support and sustain MaMu and other Old Growth reliant species reproductive cycle. If their habitat is not preserved, MaMu and many other Old Growth reliant species will face extinction, a total violation of the Migratory Birds Treaty and its purpose.
We welcome your support. Please visit our website friendsoffairycreek.org. To donate and help us fund the pending legal action, to end further loss of Old Growth, please visit our friendsoffairycreekgofundme link.
Best Regards,
Jenica K. Waymen and Michael Coon
548 Beach Drive, Victoria, B.C., Canada V8S 2M5
Friendsoffairycreek@gmail.com
Friends of Fairy Creek
Michael Coon, Director, Co-Founder
Jenica K. Waymen, Director, Co-Founder
(250) 598-0640
Bridget Hammerquist, Juris Doctorate, BSN, Co Founder
(808) 346-1973
friendsoffairycreek@gmail.com
Michael Coon MSc. Marine Biologist, Retd. Director of Strategic Land Use Planning, Prov. of B.C., and Jenica K. Waymen BA, Co-Founders and Co-Directors of Friends of Fairy Creek Society.