The New York Forest Owner - Volume 37 Number 1

The New York

FOREST OWNER A publication

of the New York Forest Owners Association January/February

Easements-FRIEND

OR FOE

From Field To Forest

NYFOA'S REVISED BYLAWS Volume 37 Number 1

1999

THE NEW YORK

FOREST OWNERS ASSOCIATION VOL. 37, NO.1 & DIRECTORS

OFFICERS

Jill Cornell, President 703 Johnsonville Rd. Johnsonville, NY 12094; 518/753-4336

FOREST OWNER Editorial

A publication of the New York Forest Owners Association Committee: Mary McCarty, Chair.,Steve Davison, Betty Densmore, Alan Knight, and Bob Sand,

Materials submitted for publication should be addressed to: RJ. Fox, Editor, R.D. 3, Box 88, Moravia, New York 13118. Articles, artwork and photos are invited and are normally returned after use. The deadline for submission for Mar/Apr is February 1_ Please address all membership fees and change of address requests to P.O. Box 180, Fairport, N.Y. 14450. Cost of individual membership/subscription is $20.

Ronald Pedersen, Vice President 22 Vandenburg Lane, Latham, NY 12110; 5181785-6061 Robert M. Sand, Recording Secretary 300 Church Street Odessa, NY 14869-9703; 607/594-2130

At The Family Forest Fair

Don Wagner, Treasurer 5330 Graham Road, Utica, NY 13502; 315/733-7391 Deborah Gill, Administrative Secretary P.O. Box 180 Fairport, NY 14450; 716/377-6060

1999 Harry Dieter, Honeoye Falls, 716/533-2085 Thomas Ellison, Manlius, 315/682-9376 Richard Fox, Moravia; 315/497-1078 David Swanson, Mount Monis, 716/658-460 I 2000 Hugh Canham, N. Syracuse; 315/457-4972 John Hastings, Queensbury; 518/798-0248 Ronald Pedersen; Latham; 518/785-6061 Betty Wagner; Utica; 315/733-7391 2001 Jill Cornell, Johnsonville, 518/753-4336 Nick Polce, Remsen, 315/831-5301 Dave Swaciak, Franklinville, 716/676-2349 Robert Sykes, Elbridge, 315/673-3691

CHAPTER REPRESENTATIVES Charlie Mowatt, Allegheny Foothills; 716/676-3617 Stephen Davison, Cayuga; 315/496-2392 Joan & Hans Kappel, Capital District; 518/861-8753 Tom Graber, Central New York; 315/255-3662 Gene McCardle, Lower Hudson; 914/945-0504 David Daut, Northern Adirondack; 518/359-3089 Rita Hammond, Niagara Frontier; 716/652-2857 James Durller, SE Adirondack; 518/747-5958 Larry Lepak, Southern Tier; 607/ 656-8504 Don Schaufler, Tioga; 607/ 589-6095 Jack Hamilton, Western Finger Lakes; 7161728-5769 All rights reserved Contents OUl prior written permission does not necessarily support ucts, or opinions presented

may not be reproduced withfrom the publisher NYFOA or approve procedures. prodby authors or advertisers.

The New York Woodland Stewards, Inc. (NYWS) is a 501(c)3 foundation ofNYFOA and the tax deductable donations thereto will advance NYFOA's educational mission.

COVER:

Bucking Beech Logs near Camillus, October 1922. Photo from ESF Moon Library Archives courtesy of Professor Norman Richards.

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Wayne Trimm, licensed Wildlife Educator and renowned artist, with a Great Horned Owl. (See Page 9)

Table Of Contents President's Message, Jill Cornell The First Cut Is The Deepest Or , Patricia Kay NYFOA'S REVISED BYLAWS, Family Forest Fair, Mary Binder Small Landowners New Markets , Fran Raymond A Special Woodswalk, Gerald Michael..

Ask A Forester, Steve Davison From Field To Forest, Peter 1. Smallidge Fish & Wildlife Management Act Board, Thomas L. Brown Easements-Friend Or Foe, David 1. Colligan The Maple Trumpet Skeletonizer, Douglas C, Allen From Deer To Venison-Not?, Jane Sorensen Lord

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3 4 6 9 10 12 14 15 16 19 20 22

JAN/FEB

1999

President's Message

W

e are close to the end of the 20th century, and we have lots of projects to start, to finish, and to work on.

Further in this issue is a copy of the amended By-Laws [pages 6-8] which will be presented for ratification at the Annual Meeting in April. Please read them and raise any questions you may have with ByLaw Committee Chairman, Ron Pedersen (518-785 6061) or Committee Member, Hugh Canham (315-457 4972). Other committee members are Gerry Michael, Don O'Shea, and Dave Colligan. Also, please see the Special Notice in this issue.

The By-Law Committee has been meeting for over a year, and I feel that they have done a wonderful job of modernizing the By-Laws, and making them flexible enough to be useful for a long time.

Recently, I walked out to the most distant part of my property to see what had been happening out there. To my surprise, Idiscovered that an adjoining neighbor had been harvesting some big, white pines.

There was not any trespass onto my property. But, what a mess: trees cut three feet above the ground, terrible ruts, and the property slopes down to a trout stream! It looked like a "logger's choice"-harvest, and the logger was not using new cutting techniques. It will be a long time before there can be another harvest there. I called the neighbor, and we talked about it. It was a logger from Vermont who has been butchering and raping the woods in this town for over a year.

It is so frustrating to me that people keep getting taken by bad loggers, one after the other, while there are plenty of good loggers. It emphasized the need for all of us to keep explaining the benefits of managed woodlots, and the benefits of using a professional forester to plan and oversee harvests.

One of my personal goals when I became President was to increase the number of members to 5000. Ihave missed that mark.

The Family Forest Fair, Landowner Workshops with Cornell Cooperative Extension, SIP related outreach, and the Lower Hudson Chapter outreach have all enticed new members, as have many of you personally. I am now asking every member to invite a friend or relative to join NYFOA. We have such wonderful people, and so NY FOREST OWNER 37:1

President Jill Cornell much information to share with other woodlot owners. We need to stop being a "best kept secret"!

Iam also asking all of you to contact me, Ron Pedersen, or Debbie Gill with educational outreach program ideas. I am sure you have some!

UPDATE: I.The June, '98 Board Resolution to ask the Governor and Legislators to support funding for the equivalent of one DEC Forester for each county, has been endorsed by the NY Tree Farm Program, NYS Forest Practice Board and the NYS Fish & Wildlife Management Act Board. Other organizations are in the process of reviewing the resolution.

Hopefully there will be Chapter Directories soon, and a statewide directory for anyone who wants one at a cost of a few dollars.

As most of you know, my second one year term will be over at the end of April, '99. I have enjoyed these two years and have made many contacts with agencies, landowners, industry, and different environmental organizations within NYS as well as outside the state. I serve as Regional Vice President of the Northeast Region for National Woodland Owners Association, and have met private landowners across the USA, from the Northeast to Oregon and Washington state. My involvement in the NYS Forest Tax Coalition has been important for NYFOA, as have all the contacts from the Family Forest Fair. I believe this exposure and experience has benefitied NYFOA. NEXT BOARD MEETING: Jan. 30, 1999, lOam, Bray Hall, SUNY ESF, Syracuse. Members Welcome!

A. NYFOA - 1-800-836-3566 - [\FO

Woollybears Are Fuzzy Forecasters Most experts agree, there is no relationship between the proportion of black on the woollybear caterpillar and the severity of the winter to come. What is known about the woollybear's color, and what probably led to the lore of the woollybear as prognosticator, is this: upon hatching in the fall, the woollybear is red-brown with black ends. As the caterpillar ages, much of its black coloring disappears. Early cold weather gets young woollybears on the move, searching for winter cover, which probably makes them more noticeable to us. If you see lots of woolly bears with generous bands of black, all that means is that it's cold now. It has nothing to do with conditions to come.

Woollybears are less well known in their adult phase, the Isabella tiger moth (Isea isabella), a buffbrown moth with a two-inch wing span that is common in the Northern United States from coast to coast.

The moth commonly flies at night, attracted by lights.

The woollybear winters under rubbish, feeds in spring, then pupates under cover in cocoons made of silk and caterpillar hairs for about two weeks. They do not eat any plants of economic importance and seldom are plentiful enough to do any serious damage.

From the Forest Stewardship Quarterlv.

THE GIFT

By Dorothy Darling The earth is a vast stage Where seasons fill each role; Regaled in robes of sun and storm They exude both cold and warm.

The varied expanse of the earth Holds fast elements of creation, The roots of bush and tree, Soil more than eye can fully see.

The land reaches high and sinks low, Frozen by winter's deep chill, Thawed by spring's warming hand And put astir at summer's command.

A mystic miracle this universe, A gift beyond the pale, A challenge to the minds of men Lest they forget 'tis a gift on lend! ,J..\'i/FE B 1999路

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THE FIRST CUT IS THE DEEPEST-Or How We Survived Our Timber Harvest

By Patricia Kay

S

ix years ago my husband, Ken, and I bought 65 acres of forest in Galway, not really knowing what we would do with it, only knowing that we wanted some space and privacy. Our first move towards forest management was contacting John Hastings, a DEC Forester. He spent an afternoon walking our woodlot with us, inquiring about our goals and pointing out options. Later he compiled and sent us a five year stewardship plan. In the plan he suggested a timber harvest.

In January, 1995, we hired Mr. Hastings to mark for sale selected timber from thirteen acres of our woodlot. This harvest would implement our goals of opening up spaces for wildlife and creating trails and access into our forest for recreational purposes. He marked mostly pine and hardwood pulp and some sawtimber. The majority of the pulp was low quality white pine (weeviled), inferior hardwood and aspen. The sawtimber consisted of mature hardwoods-cherry, oak, ash and mapleover 20 inches DBH and a few white pines.

The total number of trees marked: 355; the total board feet of sawtimber: 39,620; and total cords of pulpwoods: 69.

Because of the harvest's small volume and large quantity of lesser value timber, we decided to conduct our own timber sale rather than involve a commercial forester.

We reviewed two or three sample timber

Custom and Stock Signs for the Forest Industry

-Vo~SignsDept. NYF, Box 553 Manlius, NY 13104-0553 Ph. (315) 682-6418 or 682-7332 Fax: (315) 682-7335 Send for Catalog and Free Samples

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sale contracts, decided upon what conditions we wanted a logger to adhere to and created a custom contract based on our goals.

In fhe fall of 1996, we sent twenty-five

The South side-after the logging job.

"Notice of Timber Sale" letters to loggers that seemed likely candidates for our job.

The notice included the volume report, a map to our place, a date and time. Only three loggers attended. Still, we proceeded, undiscouraged, as we only needed one to serve our purposes. We walked the timber sale area with them while explaining our goals and our desire to have the job done carefully with extra clean-up and trail creation. We urged them to take these extra efforts into consideration when making their bids. As it turned out none of the three loggers were workable. Two of them didn't bother to make a bid and the one who did, didn't seem sincerely interested in adhering to our requests. About a week later an unsolicited logger phoned wanting to walk the timber sale area. We accommodated him and ultimately felt that he had the skills and the understanding to do the job properly. However, over a year passed with the logger giving us one excuse after another as to why he couldn't start the job. Consequently, communications broke-down, distrust set-in, and eventually we stopped pursuing a contract.

By now the pink paint marking the timNYFOA - 1-800-836-3566 - INFO

ber sale was fading from the trees and we had pretty much given up on finding a logger to take on our small job. We started cutting trails we had flagged for the logger just to begin getting the access we wanted into the forest. We did this in accordance with a Stewardship Incentive Program (SIP) we requested and were granted. Unfortunately, as we worked in the woodlot, we were also convincing ourselves that logging our land wasn't really all that important.

Then in the Spring of 1998, we hosted a woodswalk on our land for NYFOA members. John Hastingsjoined us taking the group on a tour of the marked timber. We explained our goals to the group and related our troubles in securing a logger.

Mr. Hastings must have realized that we were giving up on the sale because soon after we received a call from Bill Moffitt of Lake Luzerne. Mr. Moffitt is a solitary logger and has been in the business for nearly twenty years.

Mr. Moffitt stopped by one Satur-day to view the sale. We must have talked for hours not only about logging but about values and lifestyles. It was in these rambling conversations that we began to know Mr. Moffitt and his forestry beliefs. One of our contract discussions concerned the handling of the sale. Mr. Moffitt, being a "small guy" in the business, was unable to offer a large up-front bond. Thus he felt more comfortable with a "stumpage sale."

This meant that he would pay us as he cut, giving us a percentage of the money he received each time he made a delivery to the mill. We insisted upon a "lump sum sale" because we wanted the logger to own the whole tree thus utilizing the entire product and hopefully leaving the woods with less slash. After continued discussion, we all agreed upon a lump sum sale with one third of the total moneys paid up-front and additional payments as the logger could afford them throughout the job. We agreed JANIFEB 1999

to all the other stipulations in the contract and awarded Mr. Moffitt the job in August 1998. arvesting began immediately. It took Mr. Moffitt nine weeks to complete the job due to occasional heavy rains and the inability to secure trucking as needed to move the pulp product.

The marked trees were located on two sections of our property: the south side and the north side.

The eight acres on the south side consisted of at least 80 of the 91 marked pulp pines.

Most of these pines were huge "cabbage pines" with limbs jutting outward in all directions. After two weeks of logging we became particularly alarmed by the number of standing trees in this now wide open space that were getting scrape damage.

We understood the scrape damage to the skid path trees, but felt there was just too much additional damage to the tops and trunks of trees nowhere near a road. We phoned Mr. Moffitt that night, voiced our concern and scheduled a meeting the next morning to walk the south and north sides again.

We didn't want to accuse Mr. Moffitt of not doing his job well nor did we want to put him on the defensive. Yet, we needed to stress the importance ofliving with "our forest" long after the job was complete.

At the same time we wanted to understand his position, his reasoning for felling a tree one way or another. After all we didn't know what hisjob really entailed or what his equipment could do. We knew he was skillful and professional as was evident in the way he masterfully handled his equipment, so we attempted to control our emotions and went to our meeting with an open mind.

The walk and talk proved to be essential in comprehending each other's needs. Our discussion was intense. Words were chosen carefully and spoken with thought.

Sometimes the long silent pauses were uncomfortable. Ken and I now had tangible

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results that we could point to and say, "why this or why not this? what about doing it this way or what would you suggest?" Because of the heavy harvest to the south side's cabbage pines, we had to face the fact that the risk of other trees being damaged was high. As tensions eased, we jokingly told Mr. Moffitt that we really wanted

The North side-Our trail after the loggingjob. the trees air-lifted out. He, being a storyteller, told us a tale about a fellow, who once wanted such a loggingjob performed.

When we walked the north side where we had recently started trail cutting, we pointed to some of the marked trees asking Mr. Moffitt how he proposed to fell them.

We asked about our trail layouts, about damage to other trees, about skidding procedures. We asked any and all questions that came to mind. Then, we really listened to the way he answered our questions. We listened for technical aspects of the job and we listened for his sincerity. An important suggestion that Mr. Moffitt made was to slightly alter the course of our proposed trail. Our layout was too curvy to accommodate the skidding equipment whereas his would enable the logs to move through the forest with less damage. We agreed. It was through patience and persistence, through asking and listening, that we all managed to find compromise and respect. Ken and I became more aware of the inherent limitations of human management in nature and we gained insight into our responsibilities during a timber sale. We all became more NYFOA - 1-800-836-3566

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sensitive to each other's objectives. s our morning walk neared an end, we showed Mr. Moffitt one other area of concern. In the late Spring after heavy rains and during a high wind storm, three straight, sawtimber cherry trees (about 14 to 18 inches DB H) were uprooted and leaning on one another. They now lay close to the logging area, worth only firewood to us. We proposed a barter to Mr. Moffitt: He could have the cherries in exchange for digging up 50 or 60 stumps from an existing 750 foot trail with his skidder. He agreed, we painted the stumps neon orange so he could see them, and our trail is now free of bumps.

We now have thousands of feet of trail circling our woodlot.

Mr. Moffitt did a beautiful job of clearing and grading the roads. He cut the slash below three feet, cleared out all potentially dangerous trees, and left hardwood logs to the sides of the road that we can use for firewood. While cutting up some of that firewood, we discovered that many of our trees with only a 12 inch or small DBH were between 40 to 60 years old. Most had some kind of heart rot even though the outside showed no sign of disease. This tells us that the big, old trees we had removed were stifling the smaller ones, that it was time for a harvest. We now know that most of our woodlot isn't crop trees, and that our goals of utilizing our woodlot for recreation, firewood and wildlife habitat are realistic.

Yes, this first cut was deep, as it cut into us, not just the woods itself. Despite the challenges, we believe that the timber harvest improved our woodlot's health, and we made a valuable friend in the forestry business. Would we consider another timber sale in the future? Probably, but not for a few years, not until the scars from this sale have healed and the byproducts have faded into the background.

4-.

A

Patricia Kay is a professional photographer and owns her woodlot with her husband, Kenneth Rayna in Galway.

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1999'

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SPECIAL NOTICE TO ALL MEMBERS NYFOA members at the April 24, 1999 Annual Meeting in Syracuse will be asked to vote on the following revisions to NYFOA's Bylaws. This notice is pursuant to the requirement that proposed changes be mailed to members at least 30 days prior to the meeting.

The revisions are the product of a year long effort of drafts, meetings and Board discussions on eliminating outdated provisions and providing for both the flexibility and safeguards needed for our volunteer organization to move forward in the years to come.

The Bylaw Revision Committee named

by President Jill Cornell was statewide: Hugh Canham (CNY), David Colligan (NF), Gerald Michael (SOT), Donald O'Shea (NAD) and Ronald Pedersen (CDC).

Questions may be addressed to either Hugh Canham, 105 Primrose Place, N. Syracuse, NY 13212,315-457-4972 or Ron Pedersen, 22 Vandenburg Lane, Latham, NY 12110,518-785-6061.

On October 24, 1998, your NYFOA Board of Directors voted to endorse the following proposed Bylaw revisions and put them before the members for a vote at the April 1999 meeting:

PROPOSED BYLA WSNEW YORK FOREST OWNERS ASSOCIATION In order to show the proposed changes, in the copy below, [bracketed words} are deletions from NYFOA 's current Bylaws, and underlined words are additions. (For simplification, some changes such as numbering, punctuation, and moving text to a different location are not indicated).

BYLA WS OF THE NEW YORK FOREST OWNERS ASSOCIATION, INC. [Approved by the Board of Directors April 28,1990.]

I. PURPOSES [OBJECT] [LIMIT ATIONS] 1. The New York Forest Owners Association, Inc. is incorporated under the laws of New York [. I. The association is organized for the purpose of] to foster, promote [ing], protect [ing], coordinate and represent [in] the interests of [owners of] forestland [s] owners in New York.

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2. The Association shall publish at regular intervals a newsletter or other type of publication for the information, service and encouragement of its members and others in sympathy with its purposes.

3. The Association shall take no part in or support the election or appointment of any candidate for political office.

II. MEMBERS [HIP]: [1. Membership shall be open to anyone in sympathy with the objectives of the Association.]

1. Any person, family or other group, or firm, [association or corporation] interested in the general welfare of forest lands and forest land owners in New York and in sympathy with the purposes of the Association is [shall be] eligible to be a member [for membership], and each such member is entitled to one vote. [Any fInn, association or corporation may acquire more than one membership and may designate an individual to represent each membership, but the firm, association or corporation shall be entitled to cast only one vote.

Multiple membership representatives may be changed upon written notice to the association.]

2. Annual dues [shall be] are determined by the Board of Directors [Annual dues shall be] and are payable upon becoming a member and thereafter on the anniversary of [a member's date of] joining NYFOA, or in accordance with Board of Directors' P.Ql.iQ [1.] Any member failing to pay Association dues within three months following the due date may [shall] be [automatically] dropped from the member list [EXPULSION] [ELECTIONS] [1. Application for membership shall be made to the Executive Director or executive secretary. It shall be regarded as a guarantee on the part of the applicants of his interest in and sympathy with the purposes of the Association and of his adherence, if elected, to its bylaws, rules and regulations.

Election to membership shall be subject to approval of the board of directors.]

3. Honorary members may be appointed by the Board of Directors. [subject to approval by the membership.]

4. The Board of Directors may agree with individuals and organizations to exchange NYfOA - 1-800-836-3566 - INFO

information and publications. to cooperate on joint endeavors, to work together on obtaining or disseminating materials or information. and to undertake other activities to further NYFOA's Purposes. Any such agreement shall contain a statement as to its terms and conditions.

IlL MEETINGS: 1. [One] An annual business meeting of the Association shall be held each year [during the spring] within the state at a location, time and place designated by the Board of Directors. Written notice of such meeting shall be [mailed by the Executive Director/Secretary] made to all members at least 30 days prior to [such date] the meeting 2. Special meetings of the Association may be called by the Board of Directors at a location, time and place of its choosing or by direction of the President, or by the President upon written request of at least [fifty] 50 [active] members, at a location, time and place designated by the President.

3. [All] Notices of special meetings shall specify the purpose of [such] the meeting and be made in writing to all members [be mailed to the membership] at least 30 days [before] prior to the meeting [date]. Under extraordinary circumstances, the 30-day written notice may be waived.

4. A quorum at [membership] meetings of the members shall be [25% of the active members or] 35 members. [whichever is the smaller] [PARLIAMENTARY

PROCEDURES]

5. The [proceedings of the] Association meetings shall be governed by and conducted according to the latest [revised] edition of "Robert's Rules of Order."

IV. BOARD of DIRECTORS: 1. The [government] governance of the Association, direction of its work and control of its property shall be vested in a Board of Directors, the total number of members of which shall be set by the Board. The Board will consist of one member [from] elected or designated by each chapter [and one member from each affiliate] with the balance being [members] directors-at-Iarge.

To cany out its responsibilities the Board of Directors is authorized to do all acts necessary, incidental or convenient to the pur JANIFEB 1999

poses. affairs or business of the Association except as specifically prohibited in law or the Bylaws. provided that the Board of Directors may not permit any part of the net earnings or capital of the Association to inure to the benefit of any private individual.

2. [The members] Directors -at-large shall be elected by mail ballot sent to all members at least 30 days prior to the annual business [membership] meeting. The President shall appoint a teller who is not a member of the Board [or] and not a candidate for election to count [mail] ballots and report results to the members [hip]. Directors will be elected on the basis of voting plurality. A full term for a Director is three years. Directors may serve no more than two consecutive three-year terms. except in cases in which they have been first elected to complete an unexpired term prior to their first full three-year term. in which case they may serve the unexpired term followed by two consecutive three-year terms. After losing eligibilizy for one year they may again be elected as a Director. [six consecutive years as an elected board member.]

3. Vacancies caused by death, resignation or inability of Directors-at-large to serve [shall] may be filled by the Board of Directors until the next annual meeting, and vacancies of chapter-designated directors may be filled by the respective chapter.

Three [(3)] successive unexcused absences from [directors] Board meetings may [shall] be interpreted as inability to serve.

4. No Director or Officer of the Association shall receive directly or indirectly any salary or compensation for his or her service as a director or officer or in any other capacizy. unless specifically authorized by the Board of Directors. except that Directors and officers may be reimbursed for reasonable and necessary expenses incurred in the performance oftheir official duties.

5. The Board of Directors may require the Treasurer and other positions [shall] to furnish a surety bond at Association expense in such amount as the Board [shall] deems necessary.

6. The Board of Directors may appoint, [an Executive Director or an Executive Secretary to be the administrative officer of the association with duties to promote and NY FOREST OWNER 37:1

carry out the objectives of this association, subject to the approval of the board. That person shall advise the board in matters pertaining to the association, and shall serve as liaison with other forestry related groups, conduct the public relations of the association, aid in the formation and work of committees, manage headquarters and maintain association records.] hire. or contract for such employees. agents and services as it may deem appropriate to carry out the purposes of the Association.

V. OFFICERS: 1. The Board of Directors shall elect a President, [First] Vice President, Secretary and Treasurer [and a Second Vice President] from their own number for one-year terms. [a Secretary and Treasurer, who mayor may not be Directors] and may elect or appoint other officers. assistant officers and titled positions as deemed appropriate. One person may hold more than one office in the Association. except that one person may not hold both the offices of President and Treasurer. No instrument required to be signed by more than one officer may be signed by one person in more than one ca~[No President may serve more than two consecutive one year terms).

[4. The duties of the officers shall be such as their titles indicate and such as required by law and as may be assigned to them by the Board] 2. The President presides at all meetings of the members. the Board of Directors. and the Executive Committee-. generally manages and supervises the affairs of the Association-. freely consults with the Board and keeps its members fully informed; may sign for and speak for the Association; recommends [advise] actions [as may be deemed] likely to increase the [usefulness] effectiveness of the Association; and performs other duties incident to [his] the office. [The vice president shall act in his absence.]

3. The Vice President has the duties and powers as may be assigned by the Board of Directors. In the absence of the President, the Vice-President has in general the powers of and performs the duties of the President.

4. The Secretary serves as secretary at all meetings ofthe members. the Board ofDirectors. and the executive committee. keeps NYFOA - 1-800-836-3566 - INFO

or causes to be kept minutes of such meetings. keeps necessary documents as pennanent records of the Association handles notices and filings for the Association. and perfonns other duties incident to the office.

5. The Treasurer has overall custody of all funds and securities of the Association. keeps or causes to be kept complete and accurate records of receipts and disbursements assures timely reporting as may be requested. directs financial planning and budgeting and performs other duties incident to the office.

[7. The executive director or the executive secretary shall keep records of all transactions, send out notices of meetings, keep accurate minutes of such meetings, and cooperate with the other officers in transacting business of the association and assisting them in making their annual reports.]

[No officer may commit the association either by writing or speaking in matters of policy or controversy without approval of the Board.]

6. [Board of Directors at any scheduled meeting may remove any] An officer may be removed by l! two-thirds [(2/3)] vote of the [total] Board of Directors at any scheduled meeting.

VI. COMMITTEES: I. There shall be a Executive Committee of the [officers of the association which may transact routine business in the interim between board meetings, subject to final approval by the] Board composed of the President, Vice President, Secretary. and Treasurer and one or more Board members designated by the Board to make a total of five executive committee members. three of whom shall constitute a quorum to meet between meetings of the Board of Directors whenever the business of the Association requires it, and which may exercise all of the powers of the Board of Directors except as may be limited by the Board and the Bylaws.

2. The Board of Directors may designate other standing or special committees to carry out the work of the Association assign areas of responsibility. and grant needed power and authorizy. The President. in consultation with the Board. appoints the members and chair of all committees. Com JAN/FEB 1999

7

mittee members need not be on the Board of Directors, but each standing or special committee shall have at least one member who is a member of the Board of Directors.

submit a written application to the President, indicating its objectives, number of members and names of officers. The President should present the application to the NYFOA board for action.

nated, shall constitute the general fund from which all Association expenses shall be paid]

[2. It shall be the duty of the President, with board approval, to appoint the following committees to function during the ensuring year: membership committee; budget committee public relations committee; nominating committee; auditing committee; legislative committee; program committee; chapter development committee]

3. When accepted as an affiliate, financial arrangements with NYFOA will be determined mutually.]

[6. The treasurer shall receive and disburses the funds of the Association deposited in its name and submit a written financial statement at the close of each fiscal year.]

3. The President may designate temporary committees, and name the members and chair thereof as may be deemed appropriate or convenient to cany out the purposes of the Association.

4. The President [or Executive Director/ secretary may] and the Vice President shall be ex-officio members of [any and] all committees.

5. Anyone or more members ofthe Board of Directors or any standing, special or temporary committee may participate in a meeting of such Board or committee by means of a conference telephone or other communication equipment or methods which allow all persons participating in the meeting to communicate with each other at the same time. Participation by such means shall constitute presence in person at a meeting. Also, if a majority of the Directors or committee members, after having received notice, consent in writing to any action whether before or after such action is taken, such action shall be as valid as if authorized at a meeting, and record of the consent shall be filed with proceedings of the Board or committee. Forthe purposes of these Bylaws, maiL notice and written notice may be made by electronic means.

[HOUSE ORGAN: 2. A qualified editor shall be appointed by the President with the approval of the Board. The President may dismiss the editor but only after approval of a majority of the Board.]

[REGIONAL AFFILIATES: 1. The board of directors may designate any regional group in New York State devoted to forestry and supporting the objective of NYFOA as a regional affiliate.

2 A prospective regional affiliate should 8

NY FOREST OWNER 37:1

VII. CHAPTERS: 1. The size and geographic boundaries of chapters shall be determined by the Board of Directors in consultation with interested parties. [Any county or adjoining counties having at least 20 NYFOA members can, with a majority petitioning the board of directors, form a chapter. Upon acceptance by the board, all NYFOA members with mailing addresses in the designated chapter region will be chapter members and the] Chapters will receive a monetary amount from the Association based on membership.

2. Chapters will [maintain objectives and goals of association,] be guided by the Association's goals, objectives, operating policies and Bylaws [and objectives]; offer services to members and the interested public. report to the Board of Directors on meetings and other activities in a timely manner, and furnish [an annual] a calendar year financial report [as of the end of each calendar year] on or before [January 15th] each subsequent February first.

3. Chapters will [secure prior] consult the Board prior to undertaking [approval for] any activities which may affect the Association's tax [exempt] status or liability, or be inconsistent with its Bylaws. and be guided by the Board's advice.

4. Chapters [will] shall elect or otherwise designate a chair. a treasurer. a member of the Association's Board of Directors for a term or terms in accordance with these Bylaws and such other officers as may be desired to [who will] manage chapter affairs. [and maintain communications with the board of directors either in writing or verbally by board representatives] [RECEIPTS AND DISBURSEMENTS] [BUDGET] [FISCAL YEAR] [SEAL]

1. The fiscal year shall be the calendar year.

2. The Board of Directors. in consultation with the Treasurer. may assign financial management authority and responsibility. provided that the individual with day-to-day responsibility for receiving and depositing funds is not the same individual with day-to-day responsibility for making disbursements.

3. The Board of Directors may select such banks and depositories as may be needed and determine who is authorized to sign checks. notes or other financial instruments.

[2. No disbursement of funds of the Association in excess of fifty ($50.00) dollars shall be made without first being approved or ordered by the board. All disbursements are to be by check, signed by the treasurer.

The Board may require checks to be signed by another officer of the association.]

4. [Prior to each fiscal year] Each year. the Treasurer [chairman ofthe budget committee] shall submit [prepare] a budget of anticipated revenues and expenses for the upcoming fiscal year [which shall be submitted] to the Board for its, review and approval [before final approval by the membership at the annual meeting] prior to the start of the year to which the budget applies.

[1. The corporation shall have no sea!.]

IX. AMENDMENTS: Any article or section ofthese Bylaws may be amended, repealed or changed by a two thirds vote of members present and voting at any annual or special meeting of the Association provided that notice of the word~of such proposed amendment, repeal, or change shall have been made [mailed] to all members of the Association at least 30 days prior to date of such meeting.

VIII. FISCAL MANAGEMENT: [I The receipts from membership dues and other sources, when not specifically desigNYFOA - 1-800-836-3566 - INFO

JAN/FEB

1999

FAMILY FOREST FAIR '98-ARousingSuccess

Bl

Mary Binder

wo beautiful, crisp, fall days in-arow greeted over 5000 fair-goers as they came to the Washington County Fairgrounds to enjoy this year's Family Forest Fair.

Over 100 exhibitors, vendors, and crafters said they were pleased with the crowds. Many people got to sit in an $8000 hand crafted rustic chair that one artisan had for sale. Many exhibitors said that the fairgoers were the most friendly and interested group of people they had ever met.

Children carried away their wooden sculptures and parents proudly wore their paper hats that where made at the Children's Magical Forest. The "Forest" was so popular the first day, that many committee members had to rush home to pick pinecones and cut up tree "cookies" to supply the area for the following Sunday.

My fondest memory of the fair was watching what must have been a two-year old child toddle down the sidewalk proudly dragging the pull toy that she had made.

Her toy consisted of a string with a piece of wood tied to the end. My children still play with the "wooden whimsies" they made: a wooden bridge and a flag with flag pole. They have held up better than the $40 wooden bridge for their train set. The delight on the children's faces as they hugged Smokey Bear was beyond description.

The Professional Lumberjack Competition was well attended with over 40 participants competing in many events.

Crowds of over two hundred strong watched as participants competed in crosscut, bowsaw, chopping, and chainsaw events to name a few. Originally I was happy to be asked to help time the events, but once I started my duties, I realized that I could not watch all the other contestants.

It was difficult not to get caught up in the excitement and start cheering for the contestant you were timing.

Everyone who left the fairgrounds had a smile on their face and a tree seedling in their hand. Most importantly, they left with a deeper understanding of how our forests supply clean air and water, erosion control, wildlife habitat, recreation and renewable resources. Perhaps this important mission can be continued in another part of our fair state. I can guarantee that you will have a great time and many wonderful memories.

Above: Debbie Wentorfsports a "Wood Product Hat". Right: Smokey Bear and chauffer, Ron Cadieux.

Above: A lumberjill readies her chainsaw. Left: Fun and amazement at the Children's Magical Forest.

Below: A Portable Sawmill captures lots of attention at the Family Forest Fair 1998.

/!.

Mary served as Publicity Chair for the Family Forest Fair '97 and '98.

NY FOREST OWNER 37:1

NYFOA - 1-800-836-3566 - INFO

JAN/FEB 1999

9

Small Landowners Seize Opportunity to Access New Markets, Conserve Forests, and Protect Wildlife Habitat through Forest Certification

By Fran Raymond "Forest Stewardship Council (FSC) Certified" labels can be seen increasingly in local lumberyards and home centers, and "well-managed" forests are in the news because of their powerful ecological and economic advantages for our nation's communities. Once unfamiliar, forest certification and certified forest products are increasingly in the spotlight with lumber, plywood, paper, furniture and other products available. But expanding markets are just one reason that small landowners are looking to forest certification. Market recognition of sound forestry management is a conservation alternative that's good for economies and ecology.

The "FSC Certified" label makes it easy for consumers to identify and purchase forest products that protect both local economies and forest ecosystems. Consumer demand for certified products currently outpaces supply, particularly in Europe. The FSC label gives well-managed forest products and their producers a solid marketplace advantage.

Forest certification is a completely voluntary, independent, third party evaluation of forest management practices based on regionally-developed guidelines. These guidelines cover environmental, social, and economic issues, and range from conservation of biodiversity to skid trail placement and directional felling.

Only two certifiers in the United States are accredited by the internationally-recognized FSC: SmartWood and Scientific

Certification Systems. The SmartWood program, the only accredited non-profit organization in the U.S., certifies all segments of the forest products industry. SmartWood works through a network of regional nonprofit organizations that carry out the field assessments of forest operations. In the Northeast, the National Wildlife Federation (NWF) serves as SmartWood's regional partner. The NWF/SmartWood certification process is cost-competitive with other for-profit organizations, and small landowners have a variety of options to obtain the greatest benefits from certification at the most competitive cost.

"The certification process gives forest managers an objective evaluation of their business practices," said Alan Calfee ofthe National Wildlife Federation. "The information gathered then becomes a tool for managers to fine-tune their operations and boost efficiency, while protecting local economies and ecology and the people and wildlife who depend on them."

Certification offers a range of benefits, including: An unbiased third-party review of current forest management practices According to participants in NWF's resource manager certification program, the assessment report is a valuable tool that either validates current practices or serves as a guide to improving management practices.

o

o

Increased market share or access to untapped markets

Tree Seedlings for Conservation Planting To Order, Call:

(518) 587·1120 • Spruce •Pine •Fir • Wildlife Shrubs

10

"IY FOREST OWNER 37:1

NYFOA - 1-800-836-3566 - INFO

A tremendously increasing range and number of companies all along the manufacturing chain of custody, from mills to retail stores, are processing and selling certified wood products. Small industrial operations in places such as Wisconsin, for example, have been able to access markets in the U.K. and elsewhere as a result of being certified.

D Increased market value for certified products While price premiums cannot be counted on for all certified products, they do exist for certain products, and some operations have found the premium they receive has paid for the cost of their certificate within a short time.

D Increased employee and landowner morale An outside group of experts that validates a way a landowner or manufacturer does business boosts morale among employees and local communities.

Steps to using the FSC label in the marketplace 1. A particular forest operation must first go through an assessment and meet the SmartWood certification guidelines.

2. The lumber this forest operation generates is then tracked and evaluated through each stage of processing (known as the "chain of custody").

3. Once all processing and manufacturing steps are evaluated and certified, the finished product can be labeled "FSC certified."

An internationally recognized organization, the FSC sets the basic principles and criteria for forest management that apply to forests throughout the world. It also accredits other organizations to assess lands according to FSC criteria. There are currently five accredited certifiers throughout the world.

The strength of FSC certification lies in its third-party nature. Experts that assess a forest operation are in no way associated with the operation, ensuring an unbiased, thorough review of forest management practices. There is also a stringent accreditation process required to become a certifier, marked by rigorous standards and highly qualified professionals.

JAN/FEB 1999

Resource Manager certification offers an affordable alternative for small landowners.

It's getting easier for small property owners to participate in certification. One option for small landowners is to participate in a resource manager certification. The forestry practices of one or several land managers are evaluated for management of a particular group of lands, which may belong to many different landholders. Although more than one manager can be involved, there must be a single point person responsible for that particular group of lands. All of the people in the manager's pool must be committed to participating in FSC certification. In addition, each property involved must have a management plan in place which informs management activities.

To become certified, the management practices on this group of lands are thoroughly assessed by a group of experts, which includes, at minimum, a forester and a forest ecologist. If the resource manager meets the criteria in the regional guidelines, then a certificate can be awarded and wood products coming from those properties are FSC certified.

Although NWF/SmartWood has explored resource manager certification as one way to make certification available to small landowners, other options, such as landowner cooperatives, are under review and additional ideas are welcome.

There are now fourteen resource manager certifications throughout the country involving approximately 230 landowners. It has been shown that the resource manager model significantly brings down the costs of certification for small landowners. However the resource manager(s) chooses to distribute the costs, (some managers use grants to cover the costs; others absorb the fees as a cost of doing business; others pass the costs on to the landowner), the costs range from $.30 to $l.00 an acre. Although this model takes some cooperation and organization among landowners, it has proven to be quite efficient for operations less than 3,000 acres in size. Some resource manager certifications have demonstrated additional benefits from this type of organization, from sharing management costs among landowners, to pooling logs to increase landowner bargaining power in the marketplace.

Fran Raymond is the Smart Wood Project Associate of the National Wildlife Federation. She was assisted in the preparation of this article by Linda Shotwell, a communications manager at NWF's headquarters in Vienna, VA.

source Manager ations in the Northeast

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NY FOREST OWNER 37:1

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JAN/FEB 1999

11

A Special W oodswalk

By Gerald Michael n a beautiful Saturday last September, the Southern Tier Chapter held their second woods walk of the season at the Delaware County property of Ron and Peggy Pedersen. The Pedersens were recently named as New York State's Outstanding Tree Farmers for 1998, and this was the first woods walk they had hosted on their 200+ acre farm. We witnessed the extensive natural reforestation which can take place when agriculture has been discontinued for 50 years, as well as the positive results of long-term TSI in accelerating the value of the resulting timber stands.

Ron shared the tour

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guide role with Gerry Kachmor, a DEC Forester who has worked with the Pedersens on their management plans for many years, and Peggy smoothed out some of the steeper trails with her Jeep-drawn hay wagon.

A highlight of the event was the presence and participation of no less than five NY State Outstanding Tree Fanners of whom two went on to become National Outstanding Tree Fanners. A Jerry Michael is Newsletter Editor for the Southern Tier Chapter of NYFOA. Left: Ron and a Iightning-devastated cherry tree with a 20 foot middle section blasted 100ft. away and "toothpicks" everywhere.

Below left to right: Ron Pedersen- NY 1998, Dick Molyneaux- NY 1992, Jack HamiltonNalional1991, Peggy Pedersen, Mike Demeree-NationaI1985, Bruce Baxter-N'Y 1996.

12

NY FOREST OWNER 37:1

FIP IN/SIP OUT

NYFOA - 1-800-836-3566 - INFO

Invitation To NYFOAINY Tree Farm Members For Media Relations, AND (Lots of Fun!) Please join us Thursday afternoon, January 28, 1999 1- 5pm at the Holiday Inn in Cortland, NY for a half day Media Relations Workshop presented by Vanessa Bullwinkle from the National Tree Farm Program., Washington, DC. Topics include: TOOLS: What Makes a Story Newsworthy?, Media Outlets, How to Reach the Media, Use of Photos, Developing a Relationship with Media People, TIPS AND TACTICS: Planning and executing a Communication Plan, Developing the Messages, Getting the Message Across, Establishing Credibility, Preparations and Tactics for Responding to Difficult Questions, AND Voluntary "On-Camera Video Interviews to Deal with ANY kind of question from the Media. NOTE: Same place and time as NY Society of American Foresters. Come Early, Stay Late!

Registration fee: $10.00 (to defray expenses for room, presenter, snacks, etc.)

Please send your check to Debbie Gill, NYFOA, PO Box 180, Fairport, NY 14450.

JAN/FEB

1999

Changes in New York's Forest Land Area 30

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1600 1625 1650 1675 1700 1725 1750 1775 1800 1825 1850 1875 1900 1925 1950 1975 2000

From JUST THE FACTS. An Overview of New York's Wood-based Economy and Forest Resource By Hugh Canham, PhD SUNY ESF & Kevin S. King, Empire State Forest Products Association

3 ROBIN LANE QUEENSBURY, (518) 793-3545

A NATIONAL

DELICACY

A forest ranger came across a man in the woods just finishing a meal at a campfire that consisted of a bald eagle.

The ranger arrested the man, who was brought to trial for killing a protected bird, not to mention the national symbol.

However, while standing before the judge, the man pleaded for mercy, saying that he had been lost in the woods for days and had been starving. He came across the eagle, managed to kill it, and it had saved his life.

The judge had mercy on the man and freed him. However, just as the man was leaving the courtroom, the judge asked him, "Tell me, how does bald eagle taste?"

And the man answered, "It tastes a little like a cross between a whooping crane and a spotted owl."

-The Internet

NY FOREST OWNER 37:1

COSTLY QUERIES There was this guy who asks a lawyer how much it would cost to ask two questions.

The lawyer says,"One thousand bucks.

What is the second one?"

-Jim Martin, Germany

SOME WHIMSEY Many hours standing in a tree with bow and arrow in hand-waiting for the big one (or a doe) one mulls: 1 hunt therefore I am!

I kill so that I may hunt!

And if I'm ever so lucky, I may eat of the sweet meat!

(Also some forest regeneration may occur.)

Shortly after Albert Einstein passed away and was strolling among heavenly clouds, he felt the need of discourse.

Met a man and asked, "What is your I.Q.?" "185.", the man replied. Albert and the man engaged in a lively discussion about quantum physics and other such matters.

Some days passed and Einstein again felt the need for some intellectual conversation.

Met a man, "Your I.Q.?" "165." They had a stimulating discussion on relativity, quarks and the like.

Encouraged by these encounters when next Albert met a man, the man did not know his I.Q. nor its meaning. Einstein pondered the response and finally asked, "Did you get your deer?"

-Jack McShane, Andes NYFOA - 1-800-836-3566 - INFO

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NY 12804': " -,

c-mail cipperly@capital.nei

SINCE

1964

PONDS UNLIMITED INVITES yOU .... to think of all of the benefits you could enjoy from having a pond or a lake on your own property, This idea could become a reality ifthe right conditions prevail. From our experience it normally requires favorable watershed conditions, good site conditions, ownercommitment to stewardship for enhancement of forest land values, appropriate engineering planning and design, and good construction practices.

PONDS UNLIMITED CAN EVALUATE the site of your choice. We can provide all of the engineering services needed to plan, design and oversee the construction of a dam to create a handsome pond or lake on suitable property. You can get additional information by calling 315/422POND or sending a letter of inquiry to:

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•

13

ASK A FORESTER

By Steve Davison In the last issue of the New York Forest Owner, J discussed Japanese bamboo and some possible wcrys of getting rid of it. Another equally frustrating invader is the common buckthorn.

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spots or lenticels. The sapwood is usually yellow and heartwood is an orange color.

Buckthorn has dull green, finely toothed leaves. Buckthorn leafs out very early in the year and retains its leaves long after other trees and shrubs have lost theirs. A lot of the twigs will end in thorns. Small yellow-green flowers appear from May through June. The shrubs are usually dioecious which means one shrub will contain all staminate flowers while another will have all pistillate flowers. In other words, there are male and female plants. The female shrub produces a 3 inch round dark purple berry which contains four seeds. The fruit ripens from August through September. These juicy berries are eaten by birds and animals.

I remember reading in some nature books that it is probably okay for a human to eat berries ifbirds or animals eat them. Eating this berry will usually result in severe stomach cramps and a purging of your digestive system afterwards. In fact, for a long time the buckthorn has been valued in European herbal medicine for its effect as a strong and very reliable laxative. One of the common names for European buckthorn is purging buckthorn. Traditional herbalists also use buckthorn as a cancer treatment. It would probably be best if you consulted your doctor or herbalist before trying buckthorn for any medicinal purpose.

ommon buckthorn is one of the mo~t invasive and obnoxious plants which I have run into. This plant has established itself and monopolized many old fields that would normally be filled with natural hardwood seedlings. My personal experience with this pest stems from my brother's attempt at establishing a fruit orchard behind his house. Behind the house was abandoned farmland covered by a shrub unknown to us, which we discovered was buckthorn. We tried cutting the stems but this seemed to encourage the growth of sprouts so that in a few months where there was once one shrub there were now ten, We then tried digging around the roots and levering the shrubs out of the ground with a large pry bar. The bar bent and it was very difficult to wrench the plant out of the ground but the system seemed to work. Into some of the holes we made, we planted apple, pear and plum trees. My brother has since moved so I haven't seen the orchard lately, but I suspect that the fruit trees have been shaded out and once again buckthorn rules.

Common or European buckthorn (Rhamnus cathartica L.) is a native of Eurasia. It was brought to the US in the early to mid 1800' s and like most imported plants, it was planted as a reminder of the homes that had been left. The hardy shrub was valued as an ornamental and planted in yards. The shrub quickly adapted and spread by way of birds and animals into hedgerows, pastures, abandoned farmland and into the forest. Like many other imports, buckthorn is now a major pest and is extremely difficult to eradicate.

Common buckthorn is a bushy shrub, usually with several stems. It can grow up to 20 feet high. Buckthorn can be easily Alder-leaved buckthorn recognized once you know what to look for. The bark is usually brown with prominent whitish 14

NY FOREST OWNER 37:1

Steve Davison

I

ist easiest to control buckthorn when the plant is young and has not begun to produce seed. Past this point, control becomes more difficult. Burning has had some success but must be done for several years to be effective. However, controlled burning will usually take more than one person, is fairly difficult to accomplish, may not be legal where you live and probably will adversely affect desirable plants.

Cutting the shrubs down or girdling the stems between December and March while the plant is dormant is somewhat effective but will have to be done repeatedly for years. Plants can be pulled from the ground but there has to be a better way.

Chemical control seems to be the most effective way to deal with buckthorn. Cut the stems close to the ground and treat the stumps with glyphosate (trade names - Roundup and Rodeo). This treatment should stop most of the resprouting which gave my brother and me such a hard time. The sprouts will have to be cut and those stumps will also have to be treated with glyphosate. Caution ! When using chemicals, always read the label and follow the manufacturer's directions. Patience, endurance and using the right chemicals will help you win the battle against buckthorn. .â&#x20AC;˘.

Common buckthorn

NYFOA - 1-800-836-3566 - INFO

JAN/FEB

1999

FROM FIELD TO FOREST

By Peter J. SmaJlidge ewYork has an abundance offorest. However, in recent decades the landscape was dominated by agricultural fields. The process of field to forest is an interesting story and can help us understand strategies for managing our woodlands that increase their value for timber and wildlife.

In the late 1800's, over 75% ofN ew York was in farms, now New York has over 18 million acres of forest land, about 62% of the land area. As farms were abandoned, many acres began the succession from field to forest - a process typically characterized by a series offour stages. In many respects, these stages are similar to those that follow even-aged forest management, such as clearcutting. A variety oflabels are used to describe these stages, but commonly they are known as: forest establishment, selfthinning, transition, and mature.

The forest establishment stage starts when land is abandoned after clearing, either by agriculture or harvesting. The first plants established are those that arrive by wind blown seed or other means, can survive in the conditions present, and can grow quickly. The first trees that often colonize an area include aspen, white ash, and sugar maple. The trees that can survive the first few years are adapted to grow quickly and fill the area. Usually within a few years, the area is full of trees and other plants are excluded. In other situations, perhaps where there was extensive erosion, or few mature trees nearby to provide seed, the process may take a much longer time period. Once the area is filled with saplings with overlapping crowns, the stage of forest establishment ends and the self-thinning stage begins.

The self-thinning stage is characterized by intense competition among the trees for resources. These include sunlight, water, and nutrients in the soil. The species able to grow the fastest will dominate. The slower species, either die or persist with slowed growth. During this stage, the density of trees (number of stems per acre) is higher than at any other point. When the forest canopy closes, most understory plants, such as raspberry, die and leave a vacant understory. During this stage, the weaker trees and weaker species die and the forest begins to thin itself. Mortality is highest during this stage of forest succession. It's also during this stage when the lower branches of most trees begin to die and leave behind clear stems. During the end of this stage, the fastest growing trees and the fastest growing species have grown taller than other trees. As weaker trees die

N

NY FOREST OWNER 37:1

they leave openings in the canopy that allow light to enter and an understory to develop. Keep in mind that all trees are approximately the same age, but may vary greatly in height and diameter depending on how they have responded to their environment. Depending on the soil characteristics and tree species present, at the end of the self-thinning stage the average tree diameter may be somewhere between 8 and 12 inches.

Before describing the characteristics of the transition stage, its worth noting how we can use our knowledge of forest succession to help in forest management. Early in the self-thinning stage, the trees may only be a few inches in diameter and many hundred per acre. These are often too small and too numerous to justify intensive management. However, as the trees grow larger, and the best trees are distinguished from the poorer trees, the best trees can be favored as "crop trees" by thinning around them and increasing their access to soil resources and sunlight. This is also a time to start removing diseased and poor quality trees before they spread pathogens to other trees and before they produce seed. For timber management, the best trees should be retained during these early stages for greater value and to maintain a source of good quality seed for future forests.

The transition stage is characterized by increased variety in the forest. Some species that have a short lifespan, like aspen and pin cherry, may start to die and leave behind small gaps in the forest canopy.

These gaps provide increased sunlight and soil resources. Some new tree species can become established. Others, like American beech and sugar maple, may be present as saplings and if located near the gap can utilize the resources made available. In addition to the gaps created by tree deaths, some trees continue to grow more quickly than others in both height and diameter. Together with the gaps, the forest now begins to develop different layers of vegetation.

Some wildlife species, like ruffed grouse that prefers thick stands during the establishment and self-thinning stages may be replaced by species such as the wood thrush that prefers multiple layers of vegetation. the forest develops into the tranition stage, many trees reach a oint where they have commercial value (about 12 inches in diameter for many hardwoods). Some forest owners feel a strong urge to begin selling timber at this point. However, by removing the biggest trees, many future options are sacrificed.

When trees reach a commercial size, they have just reached the point when they can

A

NYFOA - 1-800-836-3566 - INFO

begin to accumulate large quantities of wood. These trees, perhaps 50 to 70 years old, if released from competition of neighboring trees will increase substantially in size and value in the next several years. On good soils with good species, a tree may increase 2 inches in diameter in 10 years.

Larger trees are worth more than smaller trees because they have more volume (measured as board feet), but also because they are more economical to harvest and process and are more likely to be of higher quality. These larger trees, about the same age as the smaller trees, are a critical source of seed for the next forest. For those interested in the production of high quality timber, this stage is important for concentrating the growth on the best quality trees by removing the inferior quality trees. Too often, the best trees are removed as soon as possible, and the quality of the stand is degraded while future options are lost. he final stage of forest succession is that of the mature forest. In the mature forest, there are trees of all sizes.

If left unharvested, the largest trees (and many smaller trees) would die and either remain standing or fall and remove other neighboring trees. This would create large gaps in the canopy that would cycle through the same successional sequence but on a smaller scale. For those interested in harvesting timber, this stage also provides abundant opportunities for income and habitat creation for wildlife. With the aid of a professional forester, qualified logger, and after writing your forest management plan, you can consider a harvest. A harvest which selects trees as single stems, small groups, or large patches to create a variety of conditions that allow for the rapid, healthy, and sustainable regrowth of the next forest.

For more information on forest succession and forest management, call your county association of Cornell Cooperative Extension for publications and contacts for a Master Forest Owner Volunteer and DEC professional forester in your area. Publications that may be of particular interest include: Timber Management for Small Woodlands (#14718180), and Managing Small Woodlands for Wildlife (#14718157). For those interested in crop tree management, contact the USDA Forest Service at (304) 285-1592 for "Crop Tree Management in Eastern Hardwoods" publication number "NA-TP-19-93". i!.

T

This article and others by Dr. Smallidge are available from the Cornell Cooperative News Service (the series, Forests For Tomorrow.)

JAN/FEB 1999

15

Forty Years ofFWMA: A Brief Summary a/the Founding a/the Fish and Wildlife Management Board and its Accomplishments

By Thomas L. Brown n April 28, 1957, a bill was signed into law which, from language of the day, "represents the broadest, most comprehensive legislation relating to management offish and wildlife resources ever enacted in the State of New York."

Known as the Fish and Wildlife Management Act, this legislation clearly defined the responsibility of the now DEC to manage the fish and wildlife resources of the State, it defined broad objectives for management programs, and it provided the basis for a cooperative program with individual landowners for management of these resources on private lands. The legislation set the stage for a "grass roots" management program to be developed on a local or regional level, under the guidance of regional boards composed of representatives of the people who have most at stake in perpetuating the welfare, use, and enjoyment of our fish and wildlife resources.

The law creating FWMA took effect April 1,1958.

To some extent FWMA was modeled after the successful Forest Practice Act, which went into effect in 1946 and was reviewed in detail in 1956. Discussions leading to the creation ofFWMA have been traced as far back as 1952, involving Dr. E. L. Cheatum, then Chief of the Bureau of Game. Other DEC staff active in these discussions included Bob Perry, 1. Victor Skiff, Ben Bradley, John Wilson, Art Holweg, and Dick Hyde.

In 1955 the Governor's office changed from Republican to Democratic with the election of Governor Harriman. Vie Skiff, who had been Deputy Commissioner and de facto Department leader under the previous regime, was ousted by the new Democratic administration. However, the Republican-dominated Legislature created the position of Technical Adviser to the Legislature on natural resource matters and named Vie to the position. At about the same time, the Legislature created a Joint Legislative Committee on Revision of the Conservation Law, with Assemblyman Leo Lawrence of Herkimer County as its chairman. By 1956 Governor Harriman had named Sharon Mauhs as the new Conservation Commissioner, and Sharon quickly took interest in the possibility of a FWMA. Vic Skiff then approached Dr. Gus Swanson of the Conservation Department at Cornell University and requested his help in drafting the FWMA legislation.

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NY FOREST OWNER 37:1

Dr. Swanson felt that a reasonable first step was to survey other state game agencies to see if they had experience in working with landowner-sportsman problems that would be helpful in drafting the FWMA bill. The only state to report meaningful experience was Pennsylvania. Under Seth Gordon's leadership, Pennsylvania had initiated a very successful Cooperative Farm Game program back in the 1930's which by 1956 had over a million acres of private lands open to public hunting under agreements with landowners.

The enticements for landowners to participate in Pennsylvania's program were similar to those later used under FWMA in agreements with landowners in New York: (1) the State Game Commission would post a safety zone around the farmer's buildings and any lands that needed special protection, (2) the farmer was assured of quick action from the local game protector if he had trespass problems, (3) the farmer would receive the Pennsylvania Game News magazine, and (4) the farmer would receive technical assistance, including free shrubs and seedlings if he wished to do any habitat management practices.

While in Maine on vacation, "on the shores of Androscoggin Lake, with no students, deans, or faculty to harass me," Gus Swanson sketched out a draft of the needed features for the Act. Vie Skiff turned the draft over to the Committee's legal counsel, Armand Adams of Ithaca. Armand Adams took that draft plus other suggestions and drafts prepared within the Department and developed a bill for the Legislature to consider. Meanwhile, the Committee made a visit to Pennsylvania and saw how pleased landowners there were with their program (there was a waiting list at the time of farmers who wanted to sign up for it). This experience gave the Committee a great deal of assurance as they urged the Legislature in New York to pass the FWMA bill. The Legislature passed the bill creating FWMA in 1957 with limited discussion and no formal (organized) opposition. he gentlemen who conceived of FWMA realized the need for an effective communication and education system between landowners, sportsmen, and DEe. They tried to accomplish this through regional boards consisting of representatives of landowners, sportsmen, and county government.

An Advisory Committee to the State Board was created to provide expertise and the input of key publics. The Deans of the College of Forestry and Agriculture were added to provide the expertise of the colleges and access to the Cooperative Extension program

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through Cornell. Other advisory members were the Commissioners of Conservation and Agriculture and Markets, the Chairman of the State Soil Conservation Committee, the Chairman of the State Forest Practice Board, the President of the New York Farm Bureau, the Master of the New York State Grange, the President of the New York State Conservation Council, and the President of the New York State Division ofthe Izaak Walton League. riginally, 13 FWMA districts were formed. In a 1961 reorganization, the districts were changed to coincide with DEC regional boundaries.

John Kelley, whose Ph. D. thesis in 1968 examined the first 10 years of FWMA, noted that from the very beginning, FWMA has had its share of problems. Inadequate funding, inadequate staffing, and periodic difficulties in coordination are familiar to those who have followed FWMA over the years. However, FWMA has had some notable successes. At the height of Department-Iandowner agreements, roughly half a million acres ofland and water were available for hunting and fishing under the FWMA program. These agreements have provided access not only to private lands, but also to previously inaccessible public lands. Some other benefits are less tangible but no less real - the communication of many problems and opportunities from the local level to the State Board, accompanied by resolutions which often resulted in actions by the Department, has been a major accomplishment over the years regarding access and habitat issues. Landownersportsman programs such as "ASK" have been effective, particularly in local situations. Reently the Board participated in the State's Open Space Planning process and thereby identified many needs and opportunities. It has also participated actively in efforts to broaden the coverage of General Obligations Law 9-103.

Sources: (1) Kelley, John W., 1968. An analysis and evaluation of New York State's Fish and Wildlife Management Act. Ph. D. Thesis, Cornell University.

(2) Swanson, Gustav A. 1987. The birth of New York's Fish and Wildlife Management Act. Delivered to FWM Board by telephone, November 1987.

(3) New York's Fish and Wildlife Management Act. Brochure, 1973.

Tom Brown is leader of the Human Dimensions Research Unit at Cornell University and the representative of the Dean of the College of Agriculture and Life Sciences on the NYSDEC Fish and Wildlife Management Act Board.

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NYS FWMA BOARD SUPPORTS NYFOA RESOLUTION

By Dick Fox The NYS Fish & Wildlife Management Act Board met for three days in November at Binghamton. Among the eighteen resolutions considered, was a Letter of Support for the NYFOA-generated Resolution recommending a DEC service forester be dedicated to assisting private property owners in each county. This resolution already has the support of the NYS Tree Farm Committee and the NYS Forest Practice Board.

Notably among the other resolutions addressed were: opposition to the introduction ofthe wolf; opposition to the purchase of Champion International lands as Forever Wild and supporting, instead, the purchase of Seneca Army Depot with such funds; opposition to the use of the Whitney Purchase as Forever Wild lands but support for use as a Wild Forest with specific management; support of the Dairy Compact; opposition to creation of an R V Park along the Salmon River; support for boating facilities fund; and improving accessibility to state lands.

In addition to deliberations of the various resolutions, there were reports by Committees and Advisory Members (NYS Farm Bureau, NYS Grange, Isaac Walton League, NYS Forest Practice Board, NYS Dept. of Agriculture & Markets.)

The FWMA Board heard presentations

by Chad Covey, NYS Region 7 Natural Resources Supervisor (Welcome & Salmon River Corridor); Bud Woodfield, Conservation Fund Advisory Council & NYS Conservation Council (license fees need to increase by 30%, General Obligations Revision Bill opposed by Trial Lawyer's Association); Gerry Barnhart, NYSDEC Fish, Wildlife & Marine Resources; Dave Tobias, NYCDEP (NYC Watershed Update); Tom Brown, NYS Col. Of Ag. & Life Sciences, Cornell Ll.; Rick Swenson, Natural Resource Conservation Service (3 landowner cost-share programs available: EQUIP, wetland reserve incentive, WHIP); Mike Gann, DEC Fisheries (Boating access program); Sandra Brennan, DEC Region 8 Natural Resource Supervisor (Genessee Valley Greenway); and John Hicks, DEC Region 8 Director (Susquehanna River Basin Study and Seneca Army Depot Purchase effort.) j.

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EASEMENTS-FRIEND

By David J. Colligan he latest rage in land use management is the granting of conservation easements to land trusts. Prior to deciding whether this is desirable or not, the average landowner must know more about what an easement is and what rights are being granted. This article is meant to be a short primer on the law of easements, duration, and usefulness of the easement.

This article does not take a position on whether granting a conservation easement to one of the sixty land trust organizations that exist in New York (there are approximately three hundred such organizations in this country) is a good or bad decision.

Easements come in many forms. Most easements are granted through the use of a deed, are perpetual and "run with the land."

Easements to public utility companies, cable companies, gas exploration and transmission companies, etc ... that are written and filed are typically perpetual easements meant to affect the property in perpetuity.

The land and easement affect is called the subservient tenancy. The person with the right to use the easement is considered the dominant tenant. The mere naming ofthese respective parties' interest indicates that the easement holder, when operating within the scope of the easement, has superior rights to the owner of the property. That is why it is very important that the scope ofthe easement be carefully defined and the goals set by the landowner are identified prior to drafting the Easement Agreement.

Some easements last for less than perpetuity. Easements that are created for the lifetime of one person usually are specified in writing that the person can continue to use it for only so long as they are alive, such as access or egress with the use of a common driveway.

It is possible to create an easement without a document in writing filed with the County Clerk's Office. Such an easement is called a prescriptive easement and is created by continuous use over time without objection which makes it a close cousin of an adverse possession claim.

That is why it is always best to specify understandings and consents that were orally agreed on in writing between the parties and even filing a written document indicating that use of a property is by consent not by easement.

The difference between a consent and

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easement is that a consent can be revoked by the person who granted it at any time with or without good reason, while an easement cannot be terminated, except as provided in the Easement Agreement. There are many examples of consent which can take the form of a license to use the property. A ski lift ticket is a license to use the property for riding ski lifts and skiing on the property. Purchasing tickets to fish, hunt or other use is a form of consent that does not create a permanent easement. If you read the back of any ticket, it usually contains language such as, "This ticket may be revoked at any time for any reason at the owner's discretion."

When this author was in law school, the property teacher used a tired, old metaphor that described property rights as a bundle of sticks. Each stick represented an individual right. When someone asked to obtain an easement from you the landowner, they are asking you to sell them or give them some of the rights in your bundle of sticks. Gas transmission companies ask for the right to lay underground pipes. Electrical utility transmission companies ask for the right to string overhead lines supported by poles anchored in your property. Adjoining neighbors often ask for easements to put their driveway on your property as theirs is not suitable for access and egress.

The DEC sometimes asks landowners to give them public fishing rights which provide anglers access to the streambed and small amounts of bank surrounding the stream. urrently, conservation easements require the landowner to give up the right to develop the property in perpetuity. This may include the right to fractionalize the property, and it may also include the right to let others come onto the property to enjoy the natural beauty of the

C

271 County Road#9 Chenango Forks.N.Y. 13746

OR FOE property. Prior to executing a conservation easement, each landowner should talk with their attorney regarding what their goals are in creating the conservation easement and what effect it will have on future generations of the landowner's successors in interest, be they heirs or purchasers of the property. hat being said, a conservation ease ment can also play an important part of any landowner's estate planning.

Typically the sale or gifting of development rights will reduce the land's present assessed value. However, the true value of a conservation easement may lie in its ability to reduce an individual's estate taxes upon one's death. In 1997, Congress amended the tax code by passing the "American Farm and Ranch Protection Act."* This act added a new section to the tax code: "Estate Tax with Respect to Land Subject to a Qualified Conservation Easement." This section provides that if you own land subject to a qualifying conservation easement when you die, and you meet some additional requirements, then you can exclude from your federal estate taxes a percentage of the value of the land in addition to the reduction in value already attributable to the easement.

While the benefits may seem great, only certain conservation easements meet the strict tax code requirements, and it is essential that you speak to your attorney and financial planner before granting any conservation easement /i.. *Internal Revenue Code §2031(c).

For more information, (716) 852-3540.

David J Colligan is a partner in the law firm of Watson, Bennet, Colligan, Johnson & Schechter, L.L.P. in Buffalo, and he was assisted in this article by an associate attorney in his office, Mark C. Poloncarz, a member of the Western New York Land Conservancy.

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19

THE MAPLE TRUMPET SKELETONIZER a clever recluse

By Douglas C. Allen f all the insects encountered in New York's forests, few are as common or have more interesting habits than this tiny moth. Forest owners, foresters and urban residents alike frequently ask about the damage it does to maple leaves and the unusual structure within which it lives. The first reported outbreak occurred in Ontario in 1893. In 1904, state entomologist E. P. Felt recorded New York's earliest known infestation.

O

Biology - Maple trumpet skeletonizer belongs to a family of moths that contains

lar begins to fold and fasten the edges of its leaf together with silk, forming an irregular canopy with the lower surface of the leaf turned inside (Fig. 2) and surrounding the tubular retreat. The tube must be enlarged as the caterpillar grows and this gradual expansion gives the structure a distinct taper. The "trumpet" usually is bent back and forth to accommodate limited space within the leaf fold (Fig. 3). Using a little imagination, by early fall this tapered, crooked tube looks like a horn of sorts; hence, the common name.

Appearance - The small, inconspicuous adults have a wing span of 0.4 to 0.6" and are a Damage - When feeding is completed in the fall, mottled white, gray and Fig. 1. Underside of a maple leaf with silk-covered area of early feeding infested trees have many brown. Likewise, the damage (A) and starting point of tubular retreat (B). crumpled, contorted caterpillar is unspectaculeaves each with a large lar in appearance and brown blotch (Fig. 2). When one of these often goes unnoticed until feeding damage many if not most of the leafrollers, leaftiers leaves is opened, the grayish to black becomes evident in late summer and early and other nest makers commonly found in "trumpet" is readily visible in the center of fall. The most obvious evidence of the New York on both broadleaved trees and the damaged area (Fig. 3). trumpet skeletonizer is the appearance of conifers.

Generally, defoliation by the trumpet discolored, contorted foliage and the unique This defoliator overwinters as a pupa (the skeletonizer is inconsequential, because afstructure that each caterpillar constructs inactive stage within which the caterpillar within a folded leaf. fected leaves retain a significant area of transforms into an adult) in leaf litter within green tissue capable of photosynthesis, and a small, pancake-shaped cocoon made from the damage occurs late in the growing seaHosts - Though this insect has been recovtwo pieces of dried leaf stitched together ered from a variety of species such as red son. Discolored foliage is conspicuous, with silk. Moths emerge from June through maple, beech and other northern hardhowever, and readily draws the attention early July and females deposit their tiny woods, its principle host is sugar maple. eggs on the underside of maple leaves. of observant landowners.

Caterpillars initiate feeding at the base of the leaf blade where two major leaf veins This is the 42nd in the series of articles contributed by Dr. Allen, Professor of Entomerge (Fig. 1).

Their damage is described Nolan's mology at SUNY-ESF. Reprints of this and as "window feeding", because they con'Sporting Supplies the complete series are availablefrom NYsume only the lower epidermis (skin) of the FDA, phone Debbie Gill at 800-836-3566. leaf and all chlorophyll bearing tissue beOutdoor EquIpment SpecIalIst 1t is also possible to download this collectween the small leaf veins. All that remains tionfrom the DEe Webpage by clicking on are veins and the translucent, light to dark articles using the following address: 37 . 47 Genesee Street brown upper surface of the leaf (Fig. 2). http://www.dec.state.ny.us/website/ Auburn. NY 13021 Coincident with early feeding, each catdlf/privland/linkspag.html erpillar spins a sheet of silk over the feed315/252-7249 ing site and beneath this constructs a dark, tubular retreat composed of silk and fecal pellets (Fig. 1). By late July, each caterpil-

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Pplication or Facsimile Application for Membership in the New York Forest Owners Association.

A

I1Wewould Iike to support good forestry and stewardship of New York's forest lands.

Fig. 2. Crumpled sugar maple leaves showing brown blotches where leaf tissue on the underside of the leaf has been damaged by maple trumpet skeletonizer.

( ) I1We own acres of woodland. ( ) IIWe do not own woodland but support the Association's objectives.

NAME

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ADDRESS

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Zip

City Telephone,========== County of Residence

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County of Woodlot

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Referred by

_

Annual Dues STUDENT

(Please Check One) $10

INDIVIDUAL

$20

FAMIL Y (or co-owners)

$25

CONTRIBUTING Fig. 3. Crumpled maple leaf opened to expose "window feeding" (A), tubular retreat ("trumpet") (B), and silk used to fold and tie margins of the leaf blade (C).

SPONSORING

$30-$100 $10land up

MEMBERSHIP INCLUDES: Six issues of the NY FOREST OWNER, woodswalks, chapter meetings, and two statewide meetings for all members.

Please send check payable to New York Forest Owners Association, OR, if you prefer, by check payable to New York Woodland Stewards, Inc. (NYWS, a tax deductable fund), including any contribution in excess of your NYFOA membership to:

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1999路

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FROM DEER TO VENISON

By Jane Sorensen Lord, PHD, OTR, ND e've been ready for winter around here since the beginning of November. The herbs are all dried and stored, the gardens mulched, the fish are almost off feed. They swim and eat in slow motion. Pretty soon they go deep until April.

The only thing we didn't do was re-mark our boundries. Hunting season seemed to start early and we stay away from deep brush through which a good portion of our lines run.

We haven't seen many deer all summer. We've had prolific mast production in our area, beech nuts in the summer and zillions of acorns in the fall. We also heard that rut was late this year, that the deer just weren't moving.

Ron Langevin, our hunter, came up in bow season and didn't see deer. So, I was surprised to get Gordon's call the second day of rife season.

"Ron got a five point buck! I helped him bring it down to the barn with the lawn tractor and trailer. Ron gutted it in the woods before I got there ... I helped him hang it so you and Maryanne can butcher it."

Last year Maryanne Arnold, my neighbor and fellow MFO butchered the doe Ron shot. She had worked for years dissecting lab animals for research at Ramapo College in NJ. I had dissected a cadaver in OT school at Tufts. We figured a deer would be no problem. We didn't do badly, didn't loose too much meat, but we knew we had created more stew than an experienced butcher would. We also agreed, that ifnec-

W

essary (all our hunters filling hunter and landowner permits creating a small herd of hanging deer) each could do it on our own.

Well, necessary happened! Maryanne was sick with the flu!

The best she could do towards the

current butchering effort was lend me her butcher. saw and skinning knife. So, I had those, plus a fish knife that worked great last year, an exacto knife (scapel), and a pair of handheld tree pruning shears.

The sleek healthy animal was hung from is antlers, rear legs an inch or two from the floor. I could easily reach to skin him. I had just started when Cliff Asdal, our consulting forester, finished in the woods.

"Saw off the legs below the knees. It makes it easier to skin. Then go like this (he took my knife and made a few cuts) then just pull the skin off from the back. I

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have to go see another client so I don't want to get bloody, but it's easy."

I did what he said and pulled. Nothing happened. I cut more fascia and pulled again. Zip. And then it dawned on me ..J wasn't doing anything wrong. I'm a 56 year old female with bottom rather than shoulder strength. It took me an hour and a half to remove the skin. And, I feel badly, that between the entrance and exit wounds and my slits, I didn't have a useful skin.

I gerryrigged a work table with a piece of formica and saw horses, went in to get Gordon to help me lower the carcass and get it onto the table. Even without the skin, the damn thing was heavy and indelicate words were passed trying to keep it off the ground and lift it. (He didn't want to see the head sawed off, which would have made it easier.)

I removed the head okay, but the table was too high for me to split it down midline with the saw. It almost slid off the table when I tried. I lost some of the tenderloin by deciding to separate front and rear. I finally did that by cutting down to the bone and using my ratcheted pruning shears.

They worked well on that and for cutting all the rest of the bone.

To avoid inadvertent stew, I decided to work with the exacto knife. And as I dissected, I began to see familiar cuts of meat: London broil, flank steak, rump roast, shoulder roast, eye round. Just like you see at the meat counter! It took me four hours to bone, pack and label all the meat.

When I was finished, I took in a fore shank, wrapped it in aluminum foil, poured over it red wine, olive oil, onions, garlic, sage, parsley, savory, thyme and bay (all my herbs) sealed it and slow cooked it at 300 degrees for two hours. I served it with baked potatos. It was incredible!

So, just in case Ron didn't- and to emphasize ifhe did- I sent up a prayer to the Great Spirit, "Thank-you for your gift. I am honored and humbled by your kindness."

A Dr. Jane and her husband, Gordon, have been Tree Farmers since 1986 and trained as Master Forest Owners. In her work as an occupational therapist and naturopath she takes care of people. 'Her e-mail address is: drjane@interserv.com & Webpage: http://members.aol.com/ infolands/herb. html JAN/FEB

1999

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