Forestry Policies

Viewing 12 posts - 1 through 12 (of 12 total)
  • Author
    Posts
  • #39758
    dominiquer60
    Moderator

    Dear Woodsmen and Woodswomen,

    I am a member of the Schenectady County Farm Bureau in NY. Some of my organic friends roll their eyes when I mention farm bureau, and my farm bureau friends are increasingly interested in what my organic friends have to say. I joined to keep my finger on the pulse of what is happening in the state, and the slim chance that I could have any affect on our states Ag policies. You know the saying “keep your friends close and your enemies closer.”

    So it is policy making time, and this month all of the counties will discuss policies that we would like supported or object to. They give us a list of ideas that are currently under discussion and we are encouraged to come up with our own local concerns as well.

    This year the forestry and timber business has a few bullet points on our list. Schenectady county is the smallest and least agricultural county in upstate NY, but our vote counts at the state convention. None of us are foresters, just a little firewood here and there. I would like get the opinion of some real forest people about the pros and cons of the topics that we are voting on next week.

    -Should the NYS Dept of Environmental Conservation do a formal study on timber theft similar to the 2007 Milk Hauling study?
    It was noted that there is no picture of the economic impact it has on the forestry industry or private land owners in NYS, and that it certainly does happen.

    -Should timber harvesters be required to have a license to operate in NYS, which would also require the filing of cutting plans and the notification of abutting land owners for each harvest?
    It is noted that this is possible response to prevent timber theft, and to keep the integrity of the industry and protect landowners.

    -Should timber mills be required to keep a bill of sale log book on file containing the source of timber purchased from a harvester that includes landowner contact info?
    This is another thought on how to keep track of timber in the case of theft.

    I am tired of regulations, but as agriculture and all of its facets grow more specialized and businesses get bigger, we as a society are further removed from the raw materials and how they are processed, it makes it harder to make good decisions as consumers. My father makes custom guitars, he likes to use locally harvested domestic woods, or certified exotics. When he walks into Curtis Lumber for the occasional board of quilted cherry, there is no telling where it came from, how it was harvested or if it was poached off of some unsuspecting landowners back hill. He hates to think about the Amazon natives that were pushed off their land when his pre-ban certified Rosewood was harvested, but at least he is not smuggling post ban wood like the Spanish guitar makers that were just caught with 35,000 board feet of it.

    Back to regulations, I am temped at the moment to vote in favor of these proposed ideas, not because I want it to be tougher on the good loggers, but to be able to catch the bad ones when they try to take advantage of the innocent landowners, not so innocent middlemen, and unsuspecting consumers. I know someone who had a serious case of timber theft and when he reported the loggers, one of his best saddle horses was soon found shot dead, and some unsuspecting consumer(s) is enjoying the 100+ year old walnut from Greg’s backyard.

    I would enjoy reading other opinions on this matter so that I can help shape the county and state policies regarding forestry in NYS with the knowledge of experienced woodsmen like yourselves.

    Thank You,

    Erika

    #47289
    Carl Russell
    Moderator
    dominiquer60;2576 wrote:
    …….
    -Should the NYS Dept of Environmental Conservation do a formal study on timber theft similar to the 2007 Milk Hauling study?
    It was noted that there is no picture of the economic impact it has on the forestry industry or private land owners in NYS, and that it certainly does happen.

    -Should timber harvesters be required to have a license to operate in NYS, which would also require the filing of cutting plans and the notification of abutting land owners for each harvest?
    It is noted that this is possible response to prevent timber theft, and to keep the integrity of the industry and protect landowners.

    -Should timber mills be required to keep a bill of sale log book on file containing the source of timber purchased from a harvester that includes landowner contact info?
    This is another thought on how to keep track of timber in the case of theft.
    …..

    The formal study is very important, because the issue has to get on the policy radar. At least in VT timber trespass is so under-appreciated that although it is a crime. it is so expensive to prosecute that landowners rarely proceed. Timber harvesters who steal timber can spend the money and rarely have any left when they are found guilty, so that all the landowner gets is a lien on the loggers assets. In VT the penalty is treble stumpage, which after lawyers fees is very little in compensation for well laid plans for future harvest, family ties to a well managed stand, or aesthetic value. But before penalties can be increased there has to be an increase in public awareness about this problem. Of course in this day most people don’t own land, or timber, so they have very little ability to understand without significant exposure.

    Licensed loggers? There are pros and cons, but it won’t necessarily affect timber trespass. A crook with a license is still a crook. From my own perspective the effort to license, homogenizes the principles that practitioners operate under. I have striven my entire professional life to practice principles that are superior to so many other woods operators, but if I had a license (which I never will) then I would float among the masses with no differentiation. This option is floated very often by people wanting a top-down control on the industry. I would sooner endorse public education and the empowering of the resources of the State/County Forester system, so that there are affordable competent resources available to landowners looking for guidance about forestry and timber harvesting.

    If there are stiffer penalties for timber trespass then there will need to be ways to track the product from stump to mill so the mills should be a good place for those record to be kept. If loggers know that their tracks will not get covered by the process of selling logs then they will have to think twice. The state may have to find a creative way to make it financially attractive to mills though, otherwise there is another level of regulation.

    Great work Erika, Carl

    #47285
    Gabe Ayers
    Keymaster

    Erika,

    Great questions to pose to this forum. I suspect some of the responses we propose may not be expected, but you have asked.

    Timber theft is an issue that should be better understood by the public and in particular the private forest landowner’s everywhere.

    There seems to be at least two contributing factors. First economic hardship in rural areas that puts pressure on a traditional old industry of logging as the front door of the forest products industry. The value of the products harvested and sold into the commodity defined industry is declining for a variety of reasons, maybe greater than this particular discussion can digest. But the point is that people that have traditionally made their living logging are having a harder time accessing timber and what timber they do get is worth less on the open market. Neither factor excuses stealing, and theft is theft. Having been a forester that has testified on timber theft issues in court I am very aware of the policy in place in Virginia to deal with this issue.

    So despite the difficulty of prosecuting a timber thief, there are laws in place and a procedure in place to address it now. The idea of a conservative group that on one hand will promote less government and in reality create more “laws” seems obvious again. I don’t support any approach that creates more “laws”. The problem may be addressed through other cultural approaches and vigorous use of the laws and accounting information that already exist. Every sawmill keeps records of what it buys, what they pay for it and from whom.
    All you have to do is threaten to get the law involved and they will give you any information they have.

    The second factor that enables timber thief is absentee ownership of forestland. So much of the land in rural areas is owned by people that aren’t in touch with their land or their neighbors or any practitioners of “good forestry”. So they are sitting ducks, the equivalent of a roadside stand selling vegetables where the stand is out of sight from the home. People are not always honest and will steal the vegetables and display that the honor system only works with and for those that have honor…. There is an issue of people owning land and not being connected with that land other than an occasional visit. They also may not be connected to the people that already actually live in that community who would be the best protectors of the assets that all the natural resources have for the entire community. Generally speaking the folks that just outright steal timber are not members in good standing with the community at large. So having a connection with other community members is a good way to prevent or share the vested interest we all have in the forested assets of our communities.

    Generally speaking most of the timber theft in our area is a matter of errors in the understanding of the boundary lines that are not clearly marked and since the rate of harvesting is so rapid it doesn’t take but a small amount of time before lots of trees are taken that don’t belong to the person that is selling timber to the loggers in the woods. A professional forester could play an important role in this situation. And as a matter of public education, people should know that about 78% of all timber harvesting in Va. is a matter of a logger and a landowner shaking hands and the work starts, often without a pre-harvest plan, a walking/marking of the boundary lines with the landowner or an agent and not oversight other that what is provided by state laws such as logger notification, as in Va. Again this is a matter of the landowner’s not
    taking real responsibility for the management of their land. Of course there are outright deliberate thief of timber in a planned calculated way. The people that steal just valuable trees for the shear money value. Those people should be prosecuted to the maximum extent of the law, including treble value for the stumpage, which is estimated to the value at total maturity in the top markets, plus any legal cost for investigating and bringing the thieves to accountability.

    This is a complex issue. I think much of the community based forestry that we and others on this forum promote have naturally occurring benefits that include the reduced likelihood of timber thief.

    On the issue of licensed logger’s I would submit that this began in California and other western states years ago. Unfortunately the real reason governments get into more laws like this is revenue collection. In Ca. it doesn’t cost anything to get a logging permit, but at the end of the year your landowner will get a letter wanting to know how much “money” they got for cutting their timber or you will be required to report their income. So that is an aspect of licenses – revenue collection, hidden under the mask of promoting better forestry, protection of the common resources of water quality and other issues of public concern. So don’t think that license laws are all of what they appear on the surface.

    It would be good that private interests promote truly sustainable forestry or at least address the definition of these practices. It would be good if these interest groups look into to “green certification” programs and promoted that
    strategy as a way to protect and preserve the forested assets of all rural communities.

    A missing ingredient in all this concern is an awareness of the value of the ecological services a healthy forest provides for the public good. Ecological services such as water purification, shade creation and the resulting cooling,
    wind blocking in the winter to save heating cost and many more previously
    un-quantified values of the ecological condition of intact forests.

    The reason organic folks roll their eyes over any mention of the Farm B. is
    their record of being basically a mouthpiece for government control of everything related to agriculture, while being supportive of right wing politics in general. Meanwhile if you are a small farmer that uses the company for your farm insurance or auto insurance you will experience that they will cancel your policy at the drop of a hat.

    It is funny how conservative groups are not about conservation at all. The language and use of words seems to be designed to be confusing. It is like the “wise use” movement which in reality was a use it all up as quick as you can bunch. Like conservatives saying “drill now” like using the last oil we have as fast as possible is a solution to the energy needs of the modern world.

    It is good that open minded people are involved with FB, but don’t expect them to help organic farmers or small farmers or small sustainable forestry practitioners, unless they can see it as a profitable move for their company.

    There is much more to these issues than this post can address but we will continue the thread if there is interest. Thanks for posting it. There is other
    reading available on these issues and we can share them as time goes on.

    #47294
    TaylorJohnson
    Participant

    More laws and more regulations will not help timber theft or any thing else for that matter. Like was stated earlier , most of the timber theft that goes on is a matter of a boundary line not being market properly or possibly not at all. If someone is just out steeling timber than put it to them . I don’t know about any one else but I know I would not want to pay triple stumpage,cost of court, or investigative fees. Taylor Johnson

    #47290
    Carl Russell
    Moderator

    In VT the penalty for timber trespass is treble stumpage, based on an estimate of relative saw log value at current regional stumpage prices paid, that’s it. All other fees are paid out of that settlement. There are very few cases these days, with lawyers fees what they are, that can justify the expense. Carl

    #47293
    dominiquer60
    Moderator

    It appears below that NY promotes preventing theft as the best solution for land owners. Perhaps actions could be taken to better educate the public about landowner responsibility instead of more regulations. I looked up the penalties for timber theft and they are $250 a tree, treble damages or both, in some cases the thief has to restore or pay to restore the damaged property.

    Would stiffer penalties be helpful in addition to better prevention education?

    Would it be at all helpful for a group in NY to form that would promote good loggers that like NOFA-NY’s farmers pledge, have these loggers pledge to be responsible. (I am just brainstorming, maybe something like this already exists somewhere in the region) The loggers voluntarily (and not like NAIDS voluntary) pledge to up hold to these responsible and professional harvest plans and abutting landowners notification, they could have a directory or web page listing them all and if one of them violates the law they get the boot. Could a program like this, instead of mandatory licensing, be helpful for landowners looking to hire make better decisions that would set the stage for not making mistakes of accidental theft?

    In our County FB there are few directly involved, anyone coming across as knowledgeable about a subject is generally followed in decision making. I will not be at the meeting, though I should because I am the Head of the Young Farmer Ranchers, but I am giving all of my thoughts to the field adviser and he is happy to give my opinion to the group. They could very well follow my suggestions if Klaus can present them well. So thank you guys for the info so far or any after this post, I hope to put it to good use. Fortunately the county doesn’t make a formal decision on these matters until the annual meeting which I will be home for, so I will have a second chance to state what I have researched a bit.

    from NYS Dept of Environmental Conservation page
    “Timber Theft on Private Land
    Sign on a post indicates the property corner
    Corner Posting

    Timber theft is a concern for everyone involved in good forestry. The trees in your woodlot are a valuable asset which should be protected. Landowners must take the responsibility to prevent timber theft on their property. Theft of timber from forest lands can destroy generations of careful forest stewardship and cause irreparable environmental damage.

    Prosecuting timber thieves is expensive and convictions are often very difficult to obtain. The best way to deal with timber theft is to prevent it from happening in the first place. Landowners should be intimately familiar with their property and its boundaries. If boundary lines are unclear, a survey by a licensed surveyor would be a wise investment.

    Image of a Painted Boundary Line
    Painted Boundary Line

    Property boundaries should be well marked either with posted signs or blazes and paint. These blazes and paint should be refreshed on a regular basis. If an owner does not live on the land then some type of aid should be enlisted to help monitor activity on the property. Neighbors to the property, sports persons, local police and others may be willing to help keep an eye on the property. Owners should be aware of logging operations and other activities on neighboring properties and inspect their boundaries often to guard against line encroachment. The fact that the property is being watched helps prevent timber theft.”

    #47291
    Carl Russell
    Moderator

    I definitely think that penalties need to be stiffer, because there are so many values that are damaged by timber theft beyond the dollar value as timber, such as what Jason refers to. Also the costs of estimating volume and value, investigation, and legal fees can really add up, and they need to be put on the perpetrator.

    On a social note, I am always amazed that these guys actually think that they can cut the trees and pull them down to the road, and that no one will find them. Go figure.

    I have investigated several of these over the years, and the accidental line crossers are almost always willing to pay damages. Unfortunately honest people can’t afford 3x stumpage either, especially if the line is poorly marked. One such situation the logger offered to pay 2x without going to court, but the LO said no, but the legal fees drowned her. I suggested shooting high (as my estimate was backed up by his records) and go for 2x, but she said I wasn’t her legal adviser, and she wanted to teach the guy a lesson. It was tragic, as it had been a beautiful stand of large white pine that her dead husband (a horse logger) had managed for years, and in her eighties it was just too overwhelming for her to grasp the details.

    Volunteering to align with a group is a good idea, to some extent, but like all certification programs it ends up creating costs external to the purpose, ie. supplying superior forestry services.

    I really feel that the grouping has to include landowners, foresters, sawmillers, as well as loggers that commit to standards of excellence so that the forest products can be sold at the premium they deserve. Otherwise, again as Jason point out, there is no financial incentive to exceed the norm that the market supports.

    At 08 NEAPFD we will have a roundtable discussion exploring this issue on a regional basis. How do we in the NE do what HHFF/draftwood has been doing, to present what we do in the light it deserves, and as a group, get paid for it.

    Carl

    #47286
    Gabe Ayers
    Keymaster

    Press Release for Healing Harvest Forest Foundation

    What if someone came up with a way to address human needs for forest products while combating the causes of climate change in the process?

    This is exactly what Healing Harvest Forest Foundation is doing as a local “Treeroots” organization centered in Floyd County, Virginia. Despite being a small group this effort is growing and continuing their history of being on the cutting edge of forestry and sustainable development (pun intended).

    HHFF will be featured in a series of episodes on the national cable network, RFD-TV Rural Heritage Show, starting at 12:00 noon on Friday the 19^th of September 2008. This series will be an educational and fund raising program that has primarily been filmed on privately owned forestland in Floyd County, Va. The series will feature the Biological Woodsmen of the Healing Harvest Forestry Coalition that founded and continue to work toward the mission of Healing Harvest Forest Foundation. There will be several practitioners and apprentices in the HHFF training program that are introduced and interviewed during this series on RFD-TV.

    There will be presentations of the techniques used to practice “restorative forestry”, including, “worst first” individual single tree selection, modern chainsaw safety and directional felling, modern animal powered techniques, value added processing and the relationship this has with the local community, economy, environment and planetary health. Such topics as “Carbon Positive Forestry” and “Ecological Capitalism” will be presented, discussed and demonstrated as proven alternatives to conventional methods.

    The modern animal powered component will include natural horsemanship, featuring teams of Suffolk draft horses and draft mules. We also will have a team of Devon oxen, all shown working in the forests.

    We would like to thank our sponsors and supporters and ask that anyone interested in this work support them in turn. Rural Heritage Magazine, Mischka Press, http://www.draftanimalpower.com Bailey’s Forestry Supply – http://www.baileysonline.com

    RFD-TV is available to 31 million homes through various cable services. Their byline is “Rural America’s Most Important Network”

    We are happy to let our local and regional community of interest know of our upcoming national media that will show the entire nation some of the good work going on in the forest here in Floyd County, Virginia in the Appalachian Mountains. We hope everyone enjoys the show and let us know what you think. You may contact us at:

    HHFF web site address: http: //www.healingharvestforestfoundation.org

    Jason Rutledge, President
    8014 Bear Ridge Road SE

    Copper Hill, Va. 24079

    540-651-6355

    Email: rutledge@swva.net

    PS- this is the first in a series and the mules and oxen will be on later segments.

    #47287
    Gabe Ayers
    Keymaster

    Bret,

    Please don’t feel insulted, I never used the word evil, those quote marks are not quoting me as I recall.

    As a public person, it wouldn’t seem wise of me to judge someone by calling them evil.

    Rush is probably already perpetually nervous from all the pills he’s popped over the years. I’m not nervous, I enjoy the exchange.

    Conservation is not preservation. Conservatives, generally are not about conserving. There are exceptions of course.

    Preservation as the environmental folks promote or advocate for probably isn’t actually even preservation. It is just keeping humans out of the direct contact with the natural world for a while. But that is impossible as we know from all the influences we have had before, plus most of the wilderness set aside is low quality sites from a forestry perspective so it may not be the best forest we could have naturally anyway.

    I would submit that having a control where we do nothing is the most important and appropriate classroom to learn from nature. All experiments need a control to compare the results of other treatments. Wilderness or preservation of land type efforts could be that.

    Hey man, I’m not looking down my nose at anyone, maybe beyond my nose and willing to share that for what it is worth.

    Everyone is free to think what they want about it. Since the opinion is free, it may be worth what it cost…

    Maybe you will watch the RFD-TV deal and give us your critique of that media. All opinions appreciated and respected.

    Tell us about your animal powered story.

    #47295
    TaylorJohnson
    Participant

    I think that any thing that gets said on these board needs to be taken with a grane of salt, it is very easy to come off sounding different than you might mean to. Taylor Johnson

    #47288
    Gabe Ayers
    Keymaster

    Bret,

    What is your draft animal power story?

    #47292
    dominiquer60
    Moderator

    So as you may have read in the beginning of this thread, I was trying to become informed about a topic that the members of my county Farm Bureau are not attuned to. I got some info from this thread and ran with it in a document that I sent to someone who would be at the meeting (I was visiting friends in VT at the time). A little more backround is that timber theft was a topic that the state FB office had suggested as a policy topic. Policy gets voted on at a county level and then a state level, and supposedly what ever the outcome is FB lobbies for or against what ever policies we decide upon (at least that is how is is supposed to work). So the leaders of my county, after seeing all the effort that I went through to inform our county on a few important topics, decided to only focus on issues of local importance, and not delve into what the state sees as upcoming issues in the next year.

    So there you have it, they were glad to see that I had done some research, but they didn’t want to hear about it.

    Thank you all for your time, at least I learned something and hopefully a few others that have read this thread also.

    Erika

Viewing 12 posts - 1 through 12 (of 12 total)
  • You must be logged in to reply to this topic.