1. Oldgrowth, by definition, cannot be recreated.

2. As it can not be recreated, any loss of oldgrowth is of damage to biodiversity and the environment.

3. Users of paper products have a choice of where their material comes from.

4. Some paper users are making this choice. (See section 2.11.5. Introduction)

5. As McDonald's have offered no evidence that they are making choice in this area, their use of paper must be bad for the environment.

4. Plantation Forestry:

1.1. Plantation forest management regimes vary throughout the world, depending on the nature of the land, the climate, the market the plantation addresses, local forestry regulations and fiscal incentives, land tenure, and whether in the private or state sector, and the degree of local concern for bio-diversity, but there are common threads that can be identified.

1.2. Virtually all of the commercial coniferous forests of Finland, Sweden and the United Kingdom, the vast majority of the commercial coniferous forests of the USA, and some forests in Canada, that supply material for paper pulp, are intensively managed plantation forests, or forests that have regenerated after clearfelling, but are now intensively managed. In forests that are naturally regenerated, the processes are similar to plantations, before the natural seeding, and after the natural seeding.

1.3. Depending on the country, the site of the plantation or intensively managed forest will have been previously oldgrowth, (e.g. much of USA, most of Canada), traditionally managed deciduous forests (e.g. England), traditionally managed coniferous forests or oldgrowth (e.g. Sweden and Finland), on land that was once in the far past forested, (e.g. Scotland of 400 or more years ago) or on land that previously had no forests (the Flows of Scotland, the drained peat-bogs of Finland and Sweden).

Intenseive Forestry Management Regimes:

2.1. The overwhelming bulk of plantations neither represents oldgrowth nor traditionally managed forests in their appearance nor ecology.

2.2 Once an area of oldgrowth, or traditionally managed forest, or existing plantation has been clearcut, or a peat bog has been selected for afforestation, the soil will be prepared for planting.

2.3. Depending on the terrain, the ground will be cleared by fire (USA and Canada), or by scarification, a form of deep ploughing (Scandinavia, parts of the UK). The seedlings are usually planted in straight rows at an even spacing to facilitate thinning and final harvesting, except when the ground is too rocky or rough.

2.4. The seedlings are usually of one or two species, as judged appropriate for the soil, climate and market. In the UK and Sweden, these are usually species native to North America. (e.g. Sitka spruce, Douglas fir, lodgepole pine, etc.). The seedlings may be genetically engineered or selected to increase the commercially desirable qualities of quick growth, good form and disease and pest resistance.

2.5. In order to prevent competition for light and nutrients from the other forest plants that naturally regrow, or to eliminate non-commercial species of trees,. shrubs and ground flora, broadleaf herbicides or on-the- spot weeding is used. Other non-commercial florae naturally die in the dark conditions of many tightly plantations once the canopy closes over. Close spacing of trees is used as a way of eliminating competition of non-' commercial species as well as maximising commercial yield.

2.6. As the plantation matures one or two thinnings are practised, to allow the better growth of the remaining -trees and provide an interim income.

2.7. When commercial maturity is judged to be achieved, the plantation is clearfelled, and the process of clearance and replanting is repeated.

2.8. In some countries, such as Finland and Sweden, the final felling can often remove all of the tree, including stumps, the branches and twigs. This inevitably reduces the nutrient base of the soil.

2.9. The length of the cycle varies with regard to climate. In Georgia, USA, the cycle may be 40 years, in the near tundra of northern Scandinavia, the cycle may extend to 140 years.

The results of plantation on biodiversity.

3.1. The type of forest that are allowed to regrow after conversion from oldgrowth or the felling of commercial plantation forest, neither resemble the original forest visually, in species composition nor in age structure. It is correct to regard these forests as fibre farms' for the bulk production of timber and cellulose.

3.2. Perhaps the best example of this, as the evidence the an untrained eye will confirm, is when English deciduous woodlands have been converted to coniferous plantation.

3.3. Plantation forests are single species, even-aged, and the management regime encourages the elimination of any other flora than the desired commercial species. The management may require the exclusion, trapping, shooting or poisoning of many animals, either in themselves or as prey. (e.g. in the UK, deer, rabbits, hares, voles and long-tailed mice and many birds, such as the jay and wood-pigeon are considered as pests.)

3.4. The change to a single species intensive plantation forest is sometimes beneficial to some more robust and adaptive species, and at an early stage, may Positively favour animals such as deer and other grazing and browsing animals, though as the canopy closes over, this advantage rapidly disappears.

3.5. However, the change to plantation is of great disbenefit to those species that are specialist 'niche' species, due to diverse reasons such as: lack of old trees (red tree-vole USA) decaying trees, the pilleated woodpecker, USA), dead trees, fallen and rotten trees (many fungi, especially Scandinavia, the Pacific salamander), large trees (the red cockaded woodpecker USA), winter thermal-cover loss in the early stages of plantation (moose, Canada), protective cover (the spotted owl, USA), the reduction of small mammals needed for prey species (The spotted owl, USA, which preys on red tree- voles and woodrats), lack of nesting sites (the marbled murralet, USA and Canada), lack of winter moss-fall (reindeer, Scandinavia) and other foods such as berries, bulb roots (badgers and birds, UK) and seeds (whitehead woodpecker, USA), and bedding material (badger, UK). Water quality can change with the convertion to plantation and the building of the road infrastructure, having more silt from erosion and becoming warmer, affecting fish populations (steelhead salmon, USA). 3.7. Alien trees seldom generously support wildlife. Wildlife is all species, not merely large mammals and birds. The English oak supports some 250 species of insect. The Sycamore, a relatively recent introduction to the UK supports less than ten.

3.8. The draining of wetlands and bogs will effect- those species that find niches in open and boggy country.

3.9. In the USA and Canada, where there are moderate or large areas of oldgrowth remain, the fragmentation of the forest eliminates biological corridors through which animals move to mate or migrate, isolating populations and preventing genetic diversity within species, or reduces the territory of an animal (e.g. the goshawk, USA, which requires a minimum forest range of 1,000 Ha).

3.10. Although individual adaptive species may in the short term, and sometimes in the long term benefit from plantation forest or the conversion of oldgrowth to plantation forest, less adaptive species that require a 'niche' are either reduced or face a threat of extinction.

Alternatives to intensive plantation forestry.

4.1. There are alternatives to intensive plantation forestry both after conversion of forest from oldgrowth and within existing plantations. These are inevitably cost more in financial terms than intensive methods but are less 'costly' in environmental terms. Selective logging or high-grading, is usually a method where trees are selectively felled for their size and commercial value, leaving smaller trees to grow on to commercial maturity- However, selective logging could be used to increase biodiversity, where trees may be left to grow old, and die, or generally are felled to increase the age range of the plantation. Competing non-commercial tree and plant species can be encouraged rather than discouraged. The cost implications are easy to understand: if 5% of trees are left 'for the forest', 5%. of potential material cannot be sold. Plantation forestry is not an easy profit operation, so there is massive resistance from governments and timber growers against such solutions.

4.2. In the USA, the Menomenee forest, which belongs to the Menomenee Native American tribe is an example of the way a forest has been well managed both commercially and ecologically. The tribes were confined to this forest under the various laws in the USA that set up indian reservations. As this is their only asset, the forest has had to be managed for all forms of sustainability, on a long term basis, as unlike the timber industry, the tribe have no other lands or forests to move to. The forestry operations are profitable, and now are commanding a premium in the market for 'greener' temperate forest material.

Conclusion.

1. Plantation forestry as nearly always practised is damaging to biodiversity and the local environment.

2. The increasing demand for paper products is a major force behind intensive plantation forestry, and many forests are now grown with the pulp market as their primary or only market.

3. Paper sourced from plantation forests, in that paper production is a major motive force behind intensive forestry, is damaging to the environment.

5. The Advertising Standards Authority Ltd's (ASA) rulings on the use of the word 'sustainable', and Timber Trades Federation and timber trade press's comments on recent referrals to the ASA.

Complaints to the ASA.

1.1. There have been an increasing number of complaints to the Advertising Standards Authority Ltd.(ASA) about the use of the word 'sustainable', or similar actual or implied references to sustainability in timber advertisements.

The ASA definition of sustainability in relation to the environment.

2.1 The ASA requires documentary proof of sustainability claims and imposes the following requirements if an advertiser is to truthfully claim sustainability.

2.2 The ASA requires: "documentation showing that the growth and production of timber causes no damage to the environment"

2.3. and: "ecological sustainability should reflect a system of forest management in resulting in there being no danger whosoever to the environment".

2.4 The ASA recommends advertisers should take note of certain points as a basic guide to ensuring their advertisements are safe.

2.5. "Claims should not be absolute unless there is completely convincing evidence. The term 'environmentally friendly' is said to 'suggest an absolute quality".

2.6. Recently, an advertisement for Finnish plywood for Schauman (UK) Ltd. was referred to the ASA.

2.7. Schauman had used the Finnish Industry's own internal 'Plusforest Logo' with the wording 'Sign of Sustained Forest' underneath it.

2.8. The Plusforest Campaign is the Finnish industry's campaign to tell the public about the Finnish way of forest management.

2.9. The ASA ruled, in a self-admitted 'halfway house' adjudication, that "while the Authority was concerned that any unqualified reference to sustainability could imply absolute ecological sustainability it concluded that in this instance as more trees were regenerated in Finland than were cut down there was no confusion. It nonetheless advised the advertisers to indicate the specific nature of any sustainability in future".

2.10. In an article in the Timber Trades Journal (17 9 93) about the danger of timber advertisements being referred to the ASA, and how to avoid these referrals, Michael James of the Timber Trades Federation's (TTF) hardwood section, and then director of the TTF's 'Forests Forever' environmental defence campaign', is quoted telling a TTF member who's advertisements had been found at fault by the ASA that "the right way is to avoid talking about sustainability. We find it easier to talk about well-managed forests instead".

Trade press comment on sustainability claims.

3.1 The Timber Trades Journal has made a number of editorial comments on the reference of timber trade sustainability claims to the ASA, and has carried articles on how advertisers can avoid a reference to the ASA.

3.2. In an editorial of 17th July 1993, Audery Dixon, the editor, who is also an advisor to the TTF's 'Forests Forever' campaign, discussing ASA referrals, said, "Most people in the thick of timber environmental issues - trade advisers and environmentalists - are agreed that at present, no one can prove 'sustainability'. For one thing, there is no single definition of 'sustainable' in the context of forest management, for another there's no framework for demonstrating that a forest is being managed for long term survival"

3.3. In another editorial in the TTJ of 16 April 94, Audrey Dixon comments on the referral to the ASA of the advertisement for the Finnish forest products company, Schauman UK Ltd. Having generally complimented Finish forestry, Audery Dixon added "perhaps it was unwise for the Plusforest Campaign to adopt the words 'ecologically sustained'".

6.Country Case Studies:

THE UNITED KINGDOM (England and Scotland)

ENGLAND:

1.1 England is one of the most deforested countries in Europe, a process of deforestation that started before the Romans and continued until the end of the First World War. The forest cover since then has roughly doubled, under Government encouragement, but most of this has been through the use of conifer plantations using exotic foreign species, mostly from North America.

1.2 England has no oldgrowth forest left at all.

English Ancient Semi-Natural Woodland (ASNW)

2.1 The nearest equivalent is Ancient Semi-natural Woodland, defined roughly as traditionally managed woodland which has been on a site for in excess of 400 years, though at some time prior to that, the forest may have been cleared.

2.2. ASNW contains a genetic bank of material that have been very substantially unmodified by modern intensive agricultural and forestry practices.

2.3. England now has 8% forest cover, of which only 1% (of the total UK land area) is ASNW.

2.4. ASNW is the nearest we have in England to old- growth, but since the Second World War, about half of this has been converted to coniferous plantation. This trend has now been halted, but it was not until the publication of the 'Guidelines for the management of Broadleaf Woodlands' by the Forestry Commission in 1985, in response to public anxiety about coniferisation, that the presumption in favour of conifers was reversed. This policy took two or three years to reach the 'forest floor' due to existing felling and planting licences, which run for five years. Much of these converted woodlands may never recover their previous bio-diversity even if replanted with broadleaf.

2.5. Coniferisation produces an artificial forest. While it is true they can provide good habitat for many of the more adaptable species, one must look to the loss of those species that have more specific habitat requirements. The badger, an animal protected in the UK, will not find coniferous plantations 'badger friendly', as they lack much of the small mammals and roots they feed on in foraging areas, and pine needles are their least preferred of their necessary bedding in their sets. As well as charismatic animals such as badgers and dormice, there is inevitably an overall loss of invertebrate populations. The other side of biodiversity loss is that many pests flourish in monoculture plantations, as the preditors that remove them are not themselves present.

2.6. With this conversion to coniferous plantation, England has lost both half of its ecologically important woods, and has suffered an additional cultural loss as the 'bluebell-filled English woodlands' become dark, unfriendly and biologically impoverished coniferous plantations.

The UK's Forestry regulations and guidelines.

4.1. The UK now (since 1985) probably has some of the best regulations and guide-lines in the world both to maintain sustained yield and to maintain bio-diversity. The changes in the 1988 Budget now make it less attractive to plant on upland heaths and bogs, etc.

4.2. However, these new regulations and guidelines are only just arriving at the forest floor, and will not effect the previous environmental loss of woodland environmental sustainability.

4.3. If a forester is prepared to forgo the Woodland Grant Scheme grant, then he can ignore many of the guidelines. There have been two recent cases in Exmoor National Park this season where new Sitka spruce plantations have been planted.

4.4. Many areas of forest that were converted to coniferous plantation or planted since 1945 under Dedication Covenants are not being returned to broadleaf woodlands after felling

The UK government is allowed to override its own forestry regulations.

5.1. The Government can dispense with all the regulations that the general public are required to abide by. That they actually chose to do so is a useful test between rhetoric and action.

5.2 The proposal to fell Oxleas Wood in South London, an ancient woodland and also a SSSI, became an international cause celebre for the environmental movement in 1993, and only the most massive public campaign, finally involving environmental groups representing 2,000,000 members, forced the Government into a humiliating U-turn.

5.3.Many other less 'high profile' ASNW's remain at threat or have been felled to pursue government policies. For example, parts of Epping Forest are to be felled within 6 months to construct the Mll Link Road.

6.

5.3. In the High Court in 1993, in the 'Oxleas Challenge Case' the Secretaries of State for Transport and the Environment were challenged over the quality of exchange land at Oxleas wood, when an area of bare land that would be planted with trees was offered in exchange for the ASNW at Oxleas. The expert witness for the protesters, Prof. Oliver Rackham, swore an afidavit, that was accepted against the evidence of the D.o.T.'s own expert witness, that ASNW cannot be recreated in a short period.

Sustained yield but not a sustained ecology.

7.1. It is clear that policy of the UK government in England has generally achieved sustained and increased timber yield, but has grievously damaged our 'wildwoods', and continues to do so, though to a lesser extent, and has impoverished our environment and the cultural values (the bluebell-filled English woodland) of our woods.

7.2. Although England has one of the best forest policies with regard to the environment and biodiversity, the 'bottom line' of forestry in England remains the production of a timber crop.

7.3. The continuing and increasing demand for paper products makes it difficult for woodlands to be returned to natural forests.

4. Paper products sourced from English plantation forests thus have had, and will continue to have, an adverse effect on the environment and biodiversity.

SCOTLAND:

8.1. 'Coniferisation' and overgrazing by deer.

8.2. Vast areas of Scotland have been forested or reafforested with exotic conifer plantations, sometimes in environmentally totally inappropriate places, such as the Flow Country of Caithness and Sutherland and Southern Scotland, while in other areas, such as Mar Lodge and other sporting estates, excessive deer grazing is preventing the regeneration of the 1% of remnants of the original boreal oldgrowth forest of Scotland. excessive deer grazing, are both damaging, and continue to be damaging to the enviroment.

1.1. Forests still cover one third of the land of the United states, although 30% of the original (pre- Columbus) forests have been completely cleared.

1.2. Of this, 2% is protected in part or fully protected in National Parks and wilderness areas.

1.3. The protected areas are, on the whole, areas that are of little interest to the timber industry as they are in high elevation mountainous areas with great difficulty of access and extraction, and usually have sparse timber cover.

1.4. Protected areas do not represent a full spectrum of US forest types and ecosystems.

OREGON AND WASHINGTON.

2.1. Oregon and Washington are the prime remaining areas of oldgrowth in the lower 48 states of the USA.

2.2. Continued logging of oldgrowth in these areas, both of the coastal temperate rainforests and in the high-desert areas to the east of the Cascade Mountains is having an adverse effect on wildlife.

2.3. All commercially desirable species of oldgrowth trees are being logged. These include Grand fir, Lodgepole pine, Douglas fir, Ponderosa pine and Western larch.

2.4. Some of the animals and birds associated with these tree species that are listed as threatened or endangered are:

2.5. SPECIES ASSOCIATED WITH GRAND FIR:

2.6. Vaux's Swift.

2.7. This bird is associated with oldgrowth grand fir. The swift nests in the hollows of old trees. One study in the Umaltilla and Wallowa-Whitman forest shows the preference of oldgrowth. 41% of oldgrowth stands had swifts, while only 8% of second growth stands had swifts.

2.8. Another study of Baker, Umaltilla, the Vaux swift's nest sites showed that all were in large diameter decaying oldgrowth trees, hollowed out by Indian Paint fungus. All had entrance holes that had previously been excavated by the pilleated woodpecker, another bird that itself is threatened.

2.9. SPECIES ASSOCIATED WITH PONDEROSA PINE:

2.10. Northern Goshawk.

2.11. All but 1 of 74 nests studied in Orecon were in dense, mature or old-growth conifer stands.

2.12. The bird's nests can be 1 metre across and 60cm. high. Reasons for concern for the goshawk are the loss of big trees for nesting sites as these are not found in plantations, whicn nave to be 3km. apart, and change of forest composition affecting for foraging.

2.13. White head woodpecker.

2.14. The bird prefers to find insects in the deec bark fur r ows of oidgrowth ponderosa, and forages for seed at tne base of oldgrowth trees which have more cones.

2.14. Pygmy Nuthatch.

They rely primarily on mature ano oldgrowth ponderosa in dense stands. Nests are located in large dead or decayi ng trees, exceeding 50cm. diameter. Such trees are not found in replacement plantations.

2.15. SPECIES ASSOCIATED WITH DOUGLAS FIR:

2.16. Northern Spotted Owl.

2.17. The spotted owl is listed as 'threatened'.

2.18. The spotted owl is a cause celebre of the environmental movement for the listing of the species due to the efforts of environmental organisations, and the use of the Courts of the USA to force the Forest Service to protect the bird, has resulted in a temporary halt to much oldgrowth logging.

2.20. The arguments over environmental protection in the USA have thus often been regarded as 'owls versus loggers'

2.21. The importance of the owl is that it is an excellent indicator species for It is large, dumb and friendly, so is easy to catch, radio-tag and study.

2.22. Many other species, such as the marbled murralet, face greater threat, but studies of them are more difficult to carry out. For instance, the murralet is a smarr, fast moving bird, that flies hign it the tree canopy, and that may travel 100 kilometres in a day.

2.23. 98 of 595 spotted owl nest sites were found in trees n excess of 200 years old.

2.24. The spotted owls prey is closely lined with flying squirrels, tree voles and wood rats, themselves dependent oh oldgrowth.


2.25. Marbled Murralet.

2.26. The marbled murralet is listed as 'threatened' in Oregon, Washington and California.

2.27. The murralet only nests in the mosses of oldgrowth trees of 150 years or more ih ace. Loss Of nesting sites is considered to be the main reason for its decline.


2.26. Bald Eagle.

2.27. The bald eagle is listed as 'threatened' in Oregon under both federal and state acts.

2.28. Their nests have to be in huge trees as they are heavy stick nests about 1.5 metres in diameter on extended branches of the trees. Trees less than 76cm. in diameter can not oe used for nesting.


2.29. American marten and fishers.

2.30. These are prefer oldgrowth areas and are more abundant In mature and oldgrtwth stands. The preference for oldgrowth is attributed to the greater amount Of downed and rotting wood in oldgrowth tnat provides habitat for the small mammals they prey on.

2.31. Other reasons for martins' sensitive status is: declining habitat quad tity and quality due to oldgrowth harvesting, and habitat isolation due to fragmentation of the forests.

2.32. The martin is an 'indicator' species, that indicates the general health of the forest.

2.33. SPECIES ASSOCIATED WITH LODGEPOLE PINE:

2.34. Three-toed woodpecker.

2.35. This is a forest indicator species

2.36. Their sensitive status is due to the removal of mature and insect infested trees, a prime food source, from otherwise suitable habitat, and convertion to young stands that are relatively free of heart rot and barkbeetles.


2.37. Wolverine.

2.38. The wolverine is listed as threatened in Oregon.

2.39. The main reason for their decline is the fragmentation of the forests. due to clearcutting and their preference for oldgrowth forest types.


2.40. Great grey owl.

2.41. In a study in south Oregon, all 63 nest site were found in mature or oldgrowth trees.

2.42. Elimination Of nest sites and salvage logging of trees infested by mount aid pine beetle are considered the main cause.





OTHER AREAS OF THE USA.

3.1. There are concerns for the ecological sustainability of some other US forest areas. These forests are now often intensive plantation forests, as in Scandinavia, although in the North East, the forests often resemble, and have similar problems to, the Ancient Semi-natural Woodlands of England.

3.2. Lacking the spectacular large and old trees, and the acclamation of being oldgrowth, less attention has been paid to the problems of their loss of bio-diversity.

3.3. A major concern of environmentalists In the Southern, Central and Eastern forest areas of the USA is the environmental consequences of the conversion of the existing regenerating forests to plantation aimed at supplying the ever increasing needs of the chip and pulp mills.

3.4. The Indiana based NGO Heartwood say:

3.5. Claims that these forests are massively increasing are true but spurious, as the area was cut over for farmland and then abandoned at the turn of the century. It is not the forest industry that is regeneration these forests, but the strength and fertility of the land. The concern of the environmental movement is that these regenerating forests will be cut again and converted to plantation forests for chips and pulp, rather than being allowed to mature into some approximation to their former glory, further eroding the already severely damaged blodiversity.

3.5.1 There is particular concern that logging cont i nues for TulIp wood (American white poplar in the cove valleys of. the 1% of the remaining old growth of the Central hardwood forest region, which has been sold In the UK as a substitute for a tropical timber, Gelutong.

3.6. Over half the timber cut from public forests is used for industrial pallets, 57? of which are used for one trip only, before being consigned to land-fill.

3.7. The Tennessee based NGO TAGER say:

3.8. TAGAR (Tennessee, Alabama and Georgia for Environmental Responsibility) petitioned the government to produce an Environmental Impact Statement (EIS) concerning the siting Of three new chip and pulp mills In the TVA on the Tennessee River

3.9. The Final EIS (1243 pages) concluded that the siting of these mills would be detri_mental to the environment, and recommended that the projects were denied permission. (pers. con. 10th June 94, Denny Haldernann, TAGAR).

3.13. The EIS report deals with the environmental problems of existing forests, presently used for timber, if these were converted to plantations to source a pulp and chip industry. Pulp and chips can use the timber from very young plantation forests with small trees. Pult forests, because Of their short rotation, offer the attractive flnancial advantage of profitabiliy for growers in their own lifetime.

3.11. Under 'ENV IRONMENTAL CONSEQUENCES' the EIS Roport states (page 258( "While the proportion Of the forest area providing habitat for seedling, sapling and polestage stands would increase (with one to three chip mills)the opposite would occur for saw-timber size stands. Population of spices requiring saw-timber sIze forests, such as the pilleated woodpecker, cerulean and worm-eating warblers, scarlet tangers and flying squirrels, would decrease under either one, two or three chipmills, with three chlpmills producing the greatest reduction. ..the species requiring sawmill size timber are already decreasing".

Conclusion.

4.1. The loss of oldgrpwth, and the intensive management of plantations, particularly for pulp, is damaging to the environment.

4.2. Paper sourced from the USA is thus damaging to the environment.




SWEDEN

This country report must be considered in the light of the time of the alleged libel, 1989/1990. Forestry law and guidelines have changed since this time, in part to address the issue of bio-diversity.

Introduction:

5.1. Forests cover some 24 million Ha. of Sweden, about 58% of the land. The majority is spruce and pine, although there are some extensive deciduous woodlands in the South. In the far north the species are mostly willow and birch. North of that the land is virtually treeless taiga.

5.2. The forests provide habitat for large and charismatic mammals such as the bear, moose, herded reindeer and a scattered popultion of wolves, as well as a host of lesser known birds, insects, plants, lichen, mosses and fungi.

5.3. The area and yield of the forest estate is due to low logging volumes, plantation establishment and the abandonment of farm lands.

5.4. However the vast majority of Sweden's forests are now insensitively managed and planted with single, often alien, species after felling.

Swedish oldgrowth.

5.5.1. Natural oidgrowth is confined to a few fragments, and these are being depleted outside a small number of nature reserves and parks. Many of these reserves are in the north, where the forests are hardly worth commercially exploiting. Lowland productive forests are so poorly represented in the south that scientists fear for the survival of reference forests. Less than 3% of all productive forest is in reserves or parks, and only 0.4% outside the mountainous parts of the north.

5.6. Changes in Swedish forest structure.

5.6.1. A number of changes to forest composition have been identified:

5.6.2. A general shift from deciduous or mixed forests to one dominated by conifers. (The 'war against the deciduous trees') .

5.6.3 Replacing spruce with pine in the north, with a 20/30% shift seen in the last 30 years.

5.6.4. Rep lacing pine with spruce in the south, as it grows more quickly there.

5.6.3. An increase in the plantation of exotic species, especially lodgepole pine.

5.6.6. Draining swamp forest and replacing it with dry forest's.

5.6.7. This situation was created in part by Sweden industri al forest policy, confirmed by the 1980 Forest Law. The law has now been replaced by the 1994 Forest Law, (see below) a change bought about by environmental pressure and also social and political changes in Sweden. The 1980 Law, in order to support the domestic pulp and softwood industry and reduce reliance on imported timber, required that virtually all landowners sell their forests for timber even if they personally wanted to keep their private land for conservation.

5.7. The industrial forest cycle.

• Clearfelling.

• Replanting after scarification.

• Removal of undergrowth for the first 20 years.

• Two commercial thinning at 25 to 75 years.

• Clearfelling again when trees reach commercially marketable sizes: between 70 and 140 years depending on forest type and latitude.

  
  

5.8. The impact on biodiversity of industrial forestry.

5.8.1. These changes, impacting the natural forest structure, have an impact on biodiversity at all levels. The forest is habitat to more than half the fauna and flora in Sweden.

5.8.2 According to the UCN (International Union for Conservation of Nature) over 1000 forest living species are threatened (i.e. endangered, vulnerable or rare) Particular concern is being expressed about insectivorous non-migrant birds such as the Siberian tip and the whitebacked woodpecker. But the most threatened groups are invertebrates, lichen and fungi. 330 of 750 threatened invertebrates are forest dependent, as are 115 out of 190 lichen and 360 out of 520 known threatened fungi species.




The Sami people.

The effect on the Sami should be considered in the context of the inclusion of 'cultural sustainability' in the Helsinki Resolution.

The effect of road building in forests.

Road building, both for general traffic and logging traffic affects bio-diversity and is a cause of concern. Road building has fragmented otherwise integral forest areas, particularly has affected bears and has opened up remote areas to illegal hunting of endangered species.

6.0 Recommendations of changes in forest policy to protect biodiversity. Conservation policy (as was current in 1992) was agreed not to be sufficient to protect bio-diversity of the forests.

6.1 A recent report to the Government suggested that 13% of Sweden's forests be set aside for bip-diversivaty preservation, but the figure could be halved if there were changes in the management of the remaining forest. Nothing like this has happened.

6.2 This proposal, which included representatives from Stora, the giant forest company, is commented on in detail below, by Karin Lindahl of the Swedish Society for Nature Conservation:

6.3 On behalf of a governmental commission a group of three very distinguished scientists, one from the Environmental Protection Agency, one from the University of Agriculture and Forestry (Upsala) and one from the biggest private forestry company, Stora, last year (1992) presented a report which analysed different ways to form a forestry that could fulfil the demands of preserving the biodiversity. As a basis for their work the scientist took the unanimous statement made by the Riksdag (Parliament) in June 1991 "Biological diversity and genetic variation is to be ensured. Animal and plant communities are to be maintained so that species of plants and animals occurring naturally in Sweden have the potenttal to survive in their natural habitat and tn quantities that will ensure their continued procreation"


6.4 The general conclusion of the Scientists was that in order to achieve this political goal within the field of forestry you nave to use and combine two complementary strategies. One strategy Is to change and adapt forestry in general, the other to preserve parts of the forest completely frorn forestry in special reserves.

6.5 The main point of the scientists is that these two strategies are closely connected and to a great extent works like communicating vessels: WIth far reaching adaptation of forestry, the need for new reserves pan be limited. Without further adaptation large areas has to be protected.

6.6 The scientists estimated that if forestry continues like during the 1980's and the political biodiverslty goal were to be fulfilled, the protected forest area below the mountain region had to increase from at present 0.4 per cent to more than 15 per cent, a 40-fold Increase to 3.3 billion hectares. (At present 2.6 per cent of the Swedish forest area is protected, but most of it is concentrated along the mountain range. Below this region only 0.4 per cent is protected. That strategy presumed no ohanges in forestry or actices but enormous investments in nature reserves (15 billion US dollar)

6.7The scientists concluded that this would be an ineffective and expensive strategy and instead recommended a radical modernisation and nature adaptation of forestry In general. A number of industrial methods like intensive clearcuttings, ploughing, introduction of foreign, fast-growing species like the Canadian lodgepole pine and provenience etc. had to be abandoned.

6.8 The general nature considerations had to be improved drastically with increasing frequency of old and dead trees as well as deciduous trees in general, preservation of wetlands, increasing use of natural regeneration, reintroduction of fires, establishment of large scale landscape planning to guarantee the creation of distribution corridors and varied as, the need for new reserves, according to the scientists, could be limited from more than 15 per cent to less than half that area, maybe only five per cent below the mountain region still a tenfold increase from today 100,000 hectares to 1.1millIon hectares.

6.9. The Forest Industry's recognition of the biodiversity problem.

6.9.1. The problems of biodiversity loss is now clearly recognised by the industry. Skogslndustrierna, the Swedish Pulp and Paper Association in a news release of 26 Oct 1992 says:

6.9.2. "The Swedish forest seovator has announced a DeclaratIon of intent signed by forest owners, trade unions and vathe church".

6.9.3. "We recognise that cultivated and tended forests cannot contain all vathe biological qualities and variations that are found in natural forest. However, effeovative and efficient forestry operations can be successfully combined with highly demanding navature conservavation goals".

6.9.4. DespIte all of these good intentions, and vatne passing of the new Swedish Fcresvatry Law in May 1994 to which environmentalists have given a cautious welcome, the rhetoric is often at odds with the acvaticn and oldgrowvath Is still theatened.

6.9.5. The old growth forest in Njakafjall was partly logged this spring (1994).

6.9.6. According to Greenpeace in Sweden, in vathe Forest ¦ndustry's trade magazine 'Skogsindusrienerna' Bjorn Lyngfeldvat, the press officer of the SCA company said of the appalling publicity the felling had bought his company in Germany, a major market: "We simply can't afford another Njakafjall"

And

6.9.7. "SVDRA-one of the major pulp and paper manufacturers in the south of Sweden-has declared that it will renounce from using old growth wood in its production."

Conclusion:

6.10.1. The new law and commitments by the forest industry are now claimed to promote bio-diveity sustainability. This evidence clearly indicates that blodiversity was not being achieved in 1989/1990, and thus paper sourced from Swedish forests was then damaging the environment.

References:

• Bernadotte, B and U Gustafsson 1987 (Editors) Swedish Forest Facts. National Board of Forestry. Jonkoping.

• Gamlin,L (1988) Sweden's factory forests. New Scientist, 28 Jan 1988. London.

• Lindahi, K. Swedish Society for Nature Conservation. personal communication. 7 June '94

• Lindahi, K. Taiga News. Taiga Rescue Network 19 Apl 1993 Jokkmokk.

• Olsen, R. Taiga Rescue Network, personal communication. 7 June '94.

• Swedish Pulp and Paper Association. Press release of 18th Oct 92.

• Greenpeace Sweden. press release, May 9 1994.

FINLAND

9.1. Introduction.

9.1.1. Finland is about two thirds covered by forest (66%(; this figure increases to 84% if scrub and wasteland are included.

9.1.2. One fifth of Finland is peatland. Since 1950, half or this has been drained and ditched for plantation forests.

9.1.3. Finland is, with regard to export, the most forest product dependent country in the world, with forest based oroducts making up 37% of export earnings. Pacer and boards are the principal exports. The UK and Germany are the principal countries receiving these exports.

9.1.4. While Finland only has 0.5% of the ftrest land of the boreal regions, the country provides an impressive 5% of all forest products.

9.1.5. About 1 % of Finland's forests can be classified as oldgrtwth, and 2% of Finland's forests are protected In the critical areas of the south, only 0.3% of the forest is protected.

9.1.6. 95% of Finland's forests are intensively managed plantations. ~

9.2. Biodiversity crisis.

9.21 There is a biodiversity crisis in Finland.

9.2.2. There are estimated to be 40,O0O species of plants and animals in Finland; it is estimated that there are 1,692 threatened species in Finland. 43% of these live in the forest, and for 41% the main threat is modern forestry methods. These include species as diverse as the Siberian jay (Perisoreus infaustus), the Peltis grossa beetle and Anylocystis lapponica, a bracket fungi. Most of these are found in oldgrowth forests.

9.2.3 The cause of this decline is the disappearance of oldgrowvath woods and modern forestry practices which provide a different habitat, are the reason for this as these species are dependent on dead and rotting trees for their habitat.

9.3. Government report on endangered species.

9.3.1. The Government's Ministry or the Environment commissioned a report into the loss of species. The committee reported in early l992

9.3.2. The abstract of the report, The Report on the Monitoring of Threatened Animals and Plants in Finland, says:

9.3.3. "The committee estimates the number of threatened plants and animals in Finland at 1,692."

9.3.4. The abstract continues:

"Regardless of the increasing number or threatened species, the reason ror habitats and populations is nearly the same as earlier. The majority or threatened species, or 43%, live in the forests. By the same reason forestry is the primary cause (in 41% of threatened species) for species being threatened)."

"there be a specific protection plan for each threatened species."

• 217 are threatened by the reduced number or rotten trees.

• 99 are threatened by the changes in forest age structure.

• 218 are threatened by the chance in the distribution of tree species.

• 158 are threatened by undefined other forest management

  
  

Intensive commercial forestry Finland.

9.4.1. As part of a national political strategy of national economic independence and survival, particularly in view of Finland's previously vulnerable position with regard to the former USSR, the government has encouraged a concentration on and expansion of industrial forestry and associated industries in Finland.

9.4.2. After clear felling, forests are regenerated either by seeding from mother-trees, artificial seeding or by direct plantation. The rotation in the north is some 150 years, the rotation in the south is about 80 years.

9.4.3. Only pine, spruce (and recently) birch are planted or encouraged. The trees found in areas of natural forest after clearing by man, wind or fire, and first colonise these openings are discouraced and weeded out. Among these are goat willow, alder, aspen, rowan, lime, elm, oak, maple and ash, which if they occur, will be removed at seedling stage. Until recently, birch was discouraged, and Finland is now importing birch from the CIS to supply the material for its high quality birch plywoods.

9.4.4. A first and second thinning is undertaken prior to clearfelling, providing a marginal return, but also encouraging the more rapid and well formed growth of those trees left.

9.4.5. The result of this management plan is that it results in an even-aged forest, with very little variation of species, and leaves virtually no dead of decaying trees.

9.4.6. Over half of the former peatiands of Finland have been converted to plantation forest. This has added some 15% to the national annual timber increment. Nonetheless, peatiand drainage has been considered an catastrophic ecological disaster, and the practice, mostly by the small state forestry sector, has been al most halted.

The response to the bio-diversity crisis.

9.3.1. Since the publication of the report mentioned above, and with regard to the Rio Summit and the Helsinki European Forest Protection Conference, and trade concerns at the tarnished image of Finnish forestry, there have been legislative changes, (to the 1980 Wilderness Act) with more land taken into the park system, and a public recognition by the industry that all was not well with regard to biodiversity and assurances that practices will be changed.

9.5.2. The industry is now addressing the situation. I refer to the well balanced publication, The Green Change, (Finnish Forest Industries Federation, Helsinki, 1993).

9.5.3. In the chapter 5, Biodiversity and Commercial Forests, the authors acknowledge the report on endangered species, and go oh to say:

9.5.4. The current treatment regimes applied to forestry in Finland enhance the visual diversity of the landscape. It should, however, be realised that species that require the conditions of pristine forests will not be able to do so in commercially logged forests that are regenerated at the age of 100 years or so. Endangered biotopes have been protected and more will be so. There is a very clear consensus on the point that in commercially logged forests, too, we must see that endangered species and unique biotopes are preserved. In other words, that environmental aspects are taken into account alongside practical forestry in commercially logged forests.

Conclusion.

9.6.1. The industrialisation of Finland's forest has had a very bad effect on the environment and biodfversivaty within vathese forests, and in areas that were previously not forested. Although, today, and since 1993, the Government and the industry are seeking to address this, and are positively committed to a degree of change, they have only done so after many years of local lobbying, and more recently by the new global forest environmental movement.

9.6.2. I believe that paper sourced from Finland, a country that has as government policy, concentrated on high added value paper, in 1989/1990 was damaging to the environment.

REPUBLIC OF CZECHOSLOVAKIA

10.1.2.base my belief that paper sourced from this area is not from sustainable forests on the reporvat, The Environment of Czech Republic Part II, (1990, The Ministry of Environment of the Czech Republic and the Ozechoslovak Academy of Sciences)

10.1.3. There are a number of threats to forests in the former republic. The most significant long term threat is serious air pollution from the neighbouring Ukraine, Poland and former East Germany.

10.1.4. However, there has been continuing overcutting in their rorests, beyond sustained yield levels, both in the socialist era, due to 'the plan', and since that time due to the perilous financial situation in that country since democratic reform.

Extracted from this report are the following passages:

10.1.6. "The timber harvest exceeded those permissible.. the actual timber harvest reached 117.8% during 1976-1980, 119.92 in 1981-1985, while yearly plans for 1986-1990 correspond to 111.8% of the allowable cuts (according to the Ministry of Forestry and Woodworking Industry of the CSR) . The Czech government intervened three times in order to meet economic quotas with an enhanced timber production during the last years. (Twice in 1984 to fulfill the export targets, and in 1887). The increased timber was delivered in the prescribed assortment with no regard to the principals of forest renewal or to the legal regulations".

also:

10.1.7. "Meanwhile the share of productively efficient hardwoods is decreasing, so the planned proportion of "biological" woods providing some resistance of forthcoming forest generations is not allowed." (sic)

Conclusions:

6.1 I belelve that any paper sourced from former Czechoslovakia is prima facie not even capable of claiming sustained yield, and further, is

This country report must be considered the Iight of the time of the alleged libel, 1989/1990.

Introduction:

11.1.1. Closed forests cover some 27% of Canada. Of producvative forest, 38% is in Brivatish Columbia, 18% in Quebec and 15% In Ontario. The forest is prImarily boreal foresvat, with small amounts of temperate and temperate rainforests. 64% of Canadian forests are softwoods, the main source of paper pulp. In 1991, 27% of woodpulp and newsprInt exported came to the UK.

11.1.2. Forestry management regimes are delegated to individual provinces. 90% of Canadian productive forest is ownwed by the federal or provincial governments.

11.1.3. The forests provide habItat for large and charismatic mammals such as the bear, moose, cougar, elk and wolverines, as well as a host of lesser known birds, Insects, plants, lIchen, mosses and fungi Among the birds Is the marbled murralet, which is now lIsted as 'threatened'

11.1.4. 90% of forest removal in Canada is by clearcutting. The largest single clearcut is ln British Columbia with an area of 40,000 Ha. (400 sq. km.( . In the past, after clearcutting, the forest was left to regenerate by itself: this has not always happened. Now in British Columbia, half of the land is replanted.

Environmental problems in Canadian forests.

11.2.1. Canada faces the same general environmental problems as the other major temperate and boreal forest countries, i.e., the removal of oldgrowth forests and conversion to monoculture or intensively managed plantation.

11.2.2. While there are considered to be the usual problems with the conversion to plantation in all areas of Canada, the clearcutting of the North American PacIfic coast temperate rainforests, generally in British Columbia and specifically on Vancouver Island has bought the Canadian Government and forest industry serious international criticism. Temperate rainforests are a unique and minute forest type. Only 0.2% of the world's forests are temperate rainforests. The nature of these forests are basically similar to the Oregon oldgrowth mentIoned in Section 3 of this evidence, the Nature of Oldgrowth Forest.

11.2.3. Vancouver Island used to have 2.3 millIon Ha. of oldgrowth forest By 1990, this had been reduced by two thirds to 0.8 millIon Ha.

11.2.4. In response to massive national and international criticism of what was happening on Vancouver Island, the B.C. Government reviewed the situation in Vancouver Island. This 'Land Use Decision' protected 4.4% of the oldgrowth.

Conclusion:

11.3.1. Oldgrowth logging represents an environmenta1 damagIng form of forestry, and by definition, oldgrowth forests can not be recreated. The replacement or oldgrowth by plantation or intensively managed forest is environmentally damagIng as these forests cannot sustain the biodiversity of oldgrowth.

11.3.2. Any paper products sourced from Canada must therefore be damaging to the environment.

Additional Information for the preceeding section; Re: McDonald's.

It is often claimed (by the timber industry) that clearfelling mimics natural forest fire, and is thus no different than regular natural occurrences in the ecosystem. Forest fires differ enormously in character and intensity. Even in the most severer forest fire, sufficient important elements of the ecosystem are untouched or lightly touched. Very often areas in damp valley bottoms are untouched, with the fire jumping across them. This leave a pool of material that remain locally and can regenerate the forest. In some areas, such as dry the ponderosa pine areas of Oregon east of the Cascade mountains, the trees, mostly ponderosa, nave adapted to fire, with a thick bark. These trees remain after a fire. This is not the case when ponderosa forests are clearfelled

The effects of clearcutting are illustrated in 'Clearcut', a volume of photographs of clearcuts ih the USA and Canada. This volume is submitted as part of this evidence.

A general review of problems of biodiversity loss in Sweden, particularly prior to 1989, is covered in detail in a fax from Karin Lindahl of the Swedish Soiety for Nature Conservation.

A general background to the environmental and biodiversity problems in Finland is illustrated in the publication 'Finland and Forest - a Success Story prepared by an alliance of all the forest protection NGO's in Finland for the Helsinki Conference on European Forests in 1993. This volume is submitted as part of the evidence.

The publication 'Clearcut Sound' from Greenpeace UK documents the environmental issues around Vancouver Island, British Columbia, and is submitted as part of this evidence

ADDITIONAL INFORMATION.

For the birds and beasts that have no voice here.

I beg to speak for the voiceless. The beasts and the flowers and the trees.

I beg to speak for Coyote. I beg to speak for Owl, And the Marbled Murralet.

I beg to speak for Fox and Badger. I beg to speak for Rowan. I must speak for ghosts of English Elm.

I cry for Sitka, Torn from her native home, Transplanted to an alien land Standing lonely, line upon line With her cloned sisters.

I speak for the fungi And the lichen and the mosses.

If I speak for the trees, Then I speak for The seed, The seedling, The sapling. I speak for The commercially attractive tree, Scared of the feller's axe And the older slower tree And the skeltons of snags And the fallen, rotting, dying tree, That fruitfully decays.

The seed becomes the fallen log, Fruitfully decaying, A home for fungi.

And then it starts all over again, again.

date signed:

10th July 1994

status:

Appeared in court

references: Not applicable/ available
exhibits: Not applicable/ available

transcripts of court appearances:

• Day 73 - 13 Jan 95

related links:

• Complete witness list
• 'People' top page
• McLibel court transcripts index
• 'McLibel' top page
• Environment section of 'The Issues'
• 'McLibel' section of the Debating Room