-- Forest Deal Is Cutting Into Pacific Lumber's Business ---- By Mitchel Benson
SCOTIA -- Russ Monroe is baffled by all the fuss his bosses at Pacific Lumber Co. are making these days over "such an itty-bitty white flower" like the maple-leaved checkerbloom.
"It's just the ugliest thing you've ever seen," says Mr. Monroe, a longtime logger, as he eyes a cluster of the checkerblooms a short walk from where his crew is harvesting trees. "It looks like the bugs have already picked it."
Perhaps. But where Mr. Monroe sees an unsightly weed, the scientists and corporate officers here at Pacific Lumber's headquarters see a state-designated rare and sensitive plant, which can't be disturbed by any harvesting. In the past, Pacific Lumber could argue to the state that it wasn't hurting the plant by harvesting nearby trees, but now Mr. Monroe's crew has no choice but to keep its distance.
Chalk it up to the Headwaters Agreement -- a deal that is proving to be costlier than Pacific Lumber thought.
Under the agreement, signed in March 1999, Pacific Lumber agreed to sell the state and federal government about 10,000 acres of giant Humboldt County redwoods for $480 million. But it's a less-publicized aspect of Headwaters that is causing the company headaches.
The agreement sets new, comprehensive rules for protecting the fisheries, wildlife habitat and water quality on Pacific Lumber's 211,000 acres adjacent to the preserve. Under the "habitat conservation plan," or HCP, the company must observe more stringent environmental restrictions than other loggers -- restrictions the company and regulators agree are unprecedented in their scope and toughness. Pacific Lumber, a unit of Houston-based Maxxam Inc., figured the rules would bring the company long-term economic stability, marked by fewer obstacles thrown in its logging path by environmentalists, lawyers and regulators.
But company officials are discovering that the rules are cutting even deeper than anticipated. Much less timber is available to harvest, and the company often can't get its hands on available trees for months because of governmental red tape and legal challenges.
What's more, Pacific Lumber is in the unenviable position of having to win back the hearts and minds of many of its own 1,300 employees, whose morale has been pummeled by the years of controversy leading up to the deal. In their eyes, there is only one test of whether Headwaters was a smart move: Will Pacific Lumber be able to harvest enough logs in the months and years ahead to provide its employees with a stable, long-term livelihood?
So far, the signals haven't been encouraging. Through the first six months of this year, Pacific Lumber's operating income was only $21.6 million, or nearly 12% less than the $24.5 million the company had forecast. That's because through the first seven months of this year, the company has harvested only 83,818 million board feet of timber, or 18% less than the 102,248 million board feet for which it had planned. In fact, Pacific Lumber last year began purchasing logs from Washington state.
Even with the imports, there are fewer logs for the company's sawmills to cut. Last month, in fact, Pacific Lumber shut down one of its mills for two weeks -- something unheard of during the busy summer season. It plans to shut down yet another of its mills for two weeks later this month.
While Pacific Lumber hasn't laid off any employees -- and says it has no plans to do so -- the company this summer has laid off 60 contract workers, or about a quarter of the contract work force.
Overall, Pacific Lumber's summer has been "disappointing," says John Campbell, the company's president and chief executive. "The HCP, since its inception, has been more difficult to implement than we ever expected."
Pacific Lumber officials, who estimate that implementing the conservation plan will mean more than $1 billion in costs and lost sales over the next 50 years, realized they were taking an expensive gamble when they agreed to the tough new logging restrictions. But even with all the fits and starts, they believe their gamble is a wise one. "We made a bet that society, or at least society in California, is going to demand that timber companies do more and more to protect the environment," says Jeff Barrett, the company's director of fish and wildlife programs.
The company, he says, wants to "stay in front of the wave of demands" for more environmental protection. And by getting out front, Pacific Lumber will have more control over its lands and timber harvesting, and it will enjoy "more flexibility in the long term" and be less susceptible to "one-size-fits-all strategies from politicians and regulators."
Where will the flexibility come from? New rules. The company agreed to abide by the current tough restrictions until it completes comprehensive environmental analyses of its timberland, which the company has divided into 10 regions or watersheds. (A watershed is the land that surrounds and drains into a river or a stream.) The company will then propose logging guidelines for each watershed. The end result, the company hopes: rules that are less strict than the interim regulations, but are tougher than those that other logging companies follow -- and thus less vulnerable to lawsuits and other attacks.
Until Pacific Lumber completes its studies, though, it's stuck with the interim rules. And they're posing a formidable challenge for the company. The rules, for example, block Pacific Lumber from toppling a single tree on 37,000 acres -- or nearly 18% -- of the entire 211,000 acres covered because those acres are the most prone to landslides. Moreover, in these post-Headwaters days, a half-dozen state and federal agencies now must review each of Pacific Lumber's applications to harvest timber, while usually only one did so before. Those applications also are more lengthy and complicated. The result? Regulators spend an average of 125 days to review a Pacific Lumber harvest proposal, compared with only 45 days before Headwaters.
There clearly are implementation challenges," says deputy U.S. Interior Secretary David Hayes, lead federal negotiator on the Headwaters deal. But today, he says, "We're willing to work with them. Before this deal, they were the pariah of the timber industry."
On top of all that, the watershed studies -- which examine everything from fisheries, wildlife habitat and vegetation to geology, climate and hydrology -- have proved to be even more time-consuming and laborious than anyone had expected.
Only this month, Mr. Barrett and his team of experts expect to complete the first watershed analysis they began in the spring of 1999. Even then, the analyses face months of public and regulatory review. The company originally intended to do one analysis at a time. But with only four years left to complete all 10 studies, Pacific Lumber began two more studies this summer.
It also seems that Headwaters hasn't earned the company immunity from criticism. Many environmental groups object to the agreement, arguing that Pacific Lumber's approach provides less protection to endangered species than a strict enforcement of existing law. That's because the plans permit landowners to preserve some habitat "in exchange for permission to destroy the rest," argues Kevin Bundy of the Environmental Protection Information Center in Garberville.
Mr. Barrett, who holds a doctorate in ecology, responds that "environmental groups only dreamed of the environmental protections like we agreed to. Now we're doing it, and instead of applauding it and turning their attention to other companies, they're still attacking us."
Still, Pacific Lumber officials say their biggest concerns aren't environmental groups but the regulators who must approve the company's plans and, frankly, the company's own institutional inertia and employee anxiety. Never before, say Messrs. Barrett and Campbell, have scientists, and not foresters, had such a strong influence on the future direction of a timber company -- let alone one 131 years old.
Today, the company's science group has grown to 44, including Mr. Barrett, and an annual budget of $3 million. Only eight years ago, Pacific Lumber had one scientist on its payroll -- a wildlife biologist.
"It's a new world," says Mr. Campbell, who directed that new classes be scheduled for heavy-equipment operators and nearly all other employees "to, if you will, raise everyone's sensibilities."
Mr. Monroe, the 22-year veteran logger, says adapting to the new approach is "like going back to school. It's just a whole bunch of different rules."
But he and other employees say it isn't so much the science that's got them perplexed. It's the fact that the Headwaters deal has yet to bring the promised stability to the company's logging operations. Employees believed the deal would sustain the company's forests and provide freedom from regulatory intrusion.
At employee meetings last month at the historic Winema Theater in the Scotia town center, Pacific Lumber's rank and file weren't shy about expressing those concerns. "Why isn't it working?" they asked Mr. Campbell. "Where's the certainty we were promised?"
The CEO urged his troops to show "continued patience and perseverance." Using a football analogy, he says the company is "behind in the third quarter. But we can win this if we keep playing well."
Company officials were so positive about the potential benefits of the conservation plan that they agreed with parent Maxxam to highlight the plan in a "six-figure" public-relations campaign. Last summer, they teamed up with a respected independent polling firm (Fairbank, Maslin, Maullin & Associates of Santa Monica) and a high-powered public-relations and advertising agency (Goddard Claussen Porter Novelli of Sacramento).
According to Joshua Reiss, a Maxxam spokesman and a key architect of the campaign, after a series of focus groups with employees and its first public-opinion survey last September, officials realized Pacific Lumber's "core constituency" -- its employees and neighbors -- "had really suffered" in their support for the company.
Last November, Pacific Lumber launched its campaign around the slogan, "We let science be our guide." Largely through newspaper and television advertising in Humboldt County, the campaign focused on the company's commitment to its new environmental program and to sustain its harvesting for years to come.
Pacific Lumber and Maxxam officials hoped the campaign would help soften the public's negative opinion about Pacific Lumber and also help rebuild employee morale, rocked by nearly 15 years of lawsuits, environmental attacks and bad publicity dating to the emotionally charged 1986 acquisition of Pacific Lumber by Maxxam and its controversial chairman, Charles Hurwitz. But a follow-up survey conducted last April, after the first round of ads, showed mixed results. While more people reported a favorable view of the company, those who feel the company is "honest" dropped to 44% from 47%, and the overall credibility of the company, on a scale of 1-10, dropped to 4.7 from 5.4.
Pollster Richard Maullin says that "statistically speaking," the shifting from September to April "could be attributable to chance as much as real change." Even so, he says that considering Pacific Lumber's reputation, "I think the tendency toward negative opinion has definitely stopped. The bleeding has stopped."
To longtime critics like Eureka attorney William Bertain, Pacific Lumber's past troubles with regulatory authorities -- the state revoked the company's license in 1997 and again in 1998 -- can't be erased by a slick ad campaign. "The truth is not the friend of Maxxam," says Mr. Bertain. "Nobody believes them."
Mr. Campbell dismisses such naysayers, saying they will forever vilify his company. Even so, he acknowledges, "We're going to have to earn our way out of this. It'll definitely take time and performance. I didn't expect it to work like a light switch." |