'"May/June 1997

The New York

FORESTOWNERA publication of the New York Forest Owners Association

STARTING OVER

ETHICS IN FORESTRY

THE NEW YORK

FOREST OWNERSASSOCIATION

VOL. 35, NO.3

OFFICERS & DIRECTORS

Jill Cornell, Acting President

703 Johnsonville Rd.

Johnsonville. NY 12094; 518/ 753·4336

Robert M. Sand, Recording Secretary300 Church Street

Odessa. NY 14869-9703: 607/594-2130

Mary Richardson, Acting Treasurer

ISO Chatfield Road

Elbridge. NY 13060; 315/689-6890

Deborah Gill, Administrative Secretary

P.O. Box 180Fairport. NY 14450; 716/ 377-6060

1997

John T. Hastings. Queensbury: 518/ 798-0248Charles Mowatt, Savona; 607/583-7006

Norman Richards, Syracuse; 315/472-3696

Elizabeth Wagner, Utica; 315/733-7391

1998Jill Cornell, Johnsonville: 518/753-4336

Elizabeth Densmore, Machias: 716/942-6600Robert Sand, Odessa: 607/594-2130

Bob Sykes, Elbridge: 315/673-3691

1999Harry Dieter. Honeoye Falls. 716/533-2085

Thomas Ellison. Manlius. 315/682-9376Richard Fox. Moravia: 315/497-1078

David Swanson, Mount Morris. 716/658-4601

CHAPTER REPRESENTATIVES

Don Huber, Allegheny Foothills: 716/549-5025

Tom Hewitt, Cayuga: 315/497-1266

Ronald W. Pedersen, Capital District: 518n85-6061Tom Graber. Central New York: 315/ 255-3662

Jeff Wiegert, Lower Hudson: 914/ 831-3109Don O'Shea, Northern Adirondack. 315/393-5137

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

Eileen VanWie. Western Finger Lakes: 716/ 367-2849

All rights reserved. Contents may nor he reproduced \\';t17-

ow prior written permission from the publisher. NYFOA

docs not necessarily support or approve procedures. prod-

IICIS. or opinions presented by authors or advertisers.

COVER:A small forest area 6 years after'restart'.[See Page 4] Photo by Peter S. Levatich© 1997

:,,1' FOREST OWr-..'ER

FOREST OWNERA publication of the New York Forest Owners Association

Editorial Committee: Betty Densmore, Chair, Alan Knight, Mary McCarty, Jim Minor,Bob Sand, and Eileen VanWie.

Materials submitted for publication should be addressed to: R.J. Fox, Editor, R.D. 3, Box88, Moravia, New York 13118. Articles, artwork and photos are invited and are normallyreturned after use. The deadline for submission for Ju/IAug is June 1.Please address all membership fees and change of address requests to P.O. Box180, Fairport, N.Y. 14450. Cost of individual membership subscription is $20.

SPRING IS HERE!!!

Wood Frog. Photo-Courtesy of Glenn Johnson

Table of Contents

President's Message, Jill Cornell 3Starting Over, Peter S. Levatich 4Living Trusts - Fact and Fiction, David J. Colligan 6Selling Timber On A Scale Basis, Gary A. Miller 8NYSAF Winter Meeting, R. Sykes, V. Hudson, & R. Pedersen 10Letters 12Knowing Trees. Wayne Oakes 13My Favorite Tree, John S. Braubitz 14Fostering Forest Richness - Response, Michael Greason 15Will There Be Any Oak In 100 Years?, Jerry Michael 16Land has always fascinated me , Don Huber 18NY's Proposed Round Table, Henry S. Kernan 19The Asian Longhorn Beetle, Douglas C. Allen 20The Big Ginkgo, Jane Sorensen Lord 22

NYFOA - 1-800-836-3566 - INFO MAY/JUNE 1997

NEW YORK FOREST OWNERS ASSOCIATIONCapital District & Southeastern Adirondack Chapters

Visit us at: http://www.rpi.edu/~wentor/NYFOAFFF.html

PRESIDENT'S MESSAGEBy Jill Cornell

NYFOA is a volunteer organization. We all know that many of our members havegiven countless hours of their time and energy since it was founded in 1963 inorder to make NYFOA a live, interesting entity for members and for the general

public when it chooses to participate. Thank you all!Ijoined in 1992 because I realized that I didn't know much about my woodlot. I knew

there were maples, oaks, two kinds of pine, some hemlocks and that the mixed hardwoodsection had once been a sugar bush and general source for the farm. Pretty basic.

A notice in some newspaper caught my eye, and I decided to go to the NYFOA Fallmeeting at the Arnot Forest near Ithaca. The speakers were very interesting, and I heardabout the Master Forest Owner Program, and enrolled in 1993. The MFO "deal" is anobligation to pay for training by visiting neighboring woodlots to talk trees and provideinformation sources for the owners. No pseudo "forester' guise, just discuss options andvarieties of goals for woodlots and supply information pamphlets.

Not many appointments for woodlot visits materialized, and I volunteered to help myNYFOA chapter with programs and woodswalks. This is the MFO "miscellaneous" cat-egory of "payback."

It must have been a big debt, because the "miscellaneous" work keeps me very busy!More about that some other time. What I want you to know about is how very much I havegained from my volunteer work.

I have spent some time with some of the most wonderful, bright, interesting, and cre-ative people. We have come to know each other because we all share common interests:trees and wildlife. No one could be a "stranger" for long at a NYFOA program: all youhave to do is ask what kind of trees anyone has in their woodlot.

Without the knowledge I have gained from my NYFOA connections I would neverhave had a successful timber harvest, planted 300 hardwoods on a SIP cost share basis,been certified as a Tree Farm, known how to deal with a milfoil problem in my pond,learned about recreational land leases, seen rare wildflowers, attracted bluebirds to myfarm, visited woodlots all over New York State, and had the opportunity to meet and talkwith people from all the branches of the forest community.

You have some special skills or interests that could help NYFOA. Be assured that youwill get back as much as, or more than, you ever anticipated. VOLUNTEER!

ABOUT THIS ISSUEBy Dick Fox

This issue has lots of forestry in it;stuff on how to do what andwhy; material that is central to

NYFOA's Mission and Goals. Every issueof the NY FOREST OWNER should pro-vide information and offer managementsuggestions in both a technical and anec-dotal genre.

This issue, inspired somewhat by the lastone, has a greater focus on owners and oth-ers in the forest community who make aliving helping forest owners manage theirland. Several subjects of controversial eco-nomic and ecological significance are en-gaged by essay and dialectic. Since ourArticles ofIncorporation state we will serveand protect the interests of our landownermembers, it is fitting that we would exam-ine the political forces not visible whenwalking in the woods. Failure to look atthem may create a landscape where thewoods you walk in, you can no longer own.

Obviously, whether information, how-to-do-its or politics, the NY FORESTOWNER is grateful for the good will ofour contributors and readers.

Finally, this issue was developed usingcomputers, e-mail, scanners, and printersat a moderately high level of technology.As a result, I would wish for a higher qual-ity (at least, less errors than the last issue);but, alas, all the errors are human, mine!

The Family Forest Fair will be held Saturday, June 14, 1997 at theWashington County Fairgrounds on Route 29, just West of Greenwich, NY

(9:00 AM - 5:00 PM)

The primary purpose of Family Forest Fair 1997 is to educate private landowners and the general publicabout the benefits offorest management to the people, environment, wildlife, and economy of New York.

SIGNIFICANT EVENTS: A Bluebird Trail Inauguration of 200 bluebird houses, (NYS Route 22, fromAusterlitz to Ticonderoga); Sugar House; Horse Logging; Wagon Rides; Portable Sawmilling; KnuckleboomLoader & Logs; Tree Planting by NYSDEC Saratoga Nursery (First 1000 attendees receive a tree seedling)

CO-SPONSORS: NYS DEC; Cornell Coop. Extension FOR INFO: Contact Jill Cornell, 5181753-4336

NY FOREST OWNER NYFOA - 1-800-836-3566 - INFO 3MAY/JUNE 1997 -.

STARTING OVERBy Peter S. Levatich ©1997

We all have it. Some of us morethan others. All of us keep won-dering what we should do about

it; or should we just leave it alone') It is apart of our forest property which does notfit into our management objectives. We donot like it the way it is. It bothers us deepdown every time we look at it. Even thoughwe know it is not our fault. We inheritedwhat went on before our arrival and natureproduces some strange things too. Whilewe realize that even this "hopeless" part ofour forest is changing slowly, we cannotimagine how it can ever become better.Only taller, not better. What are we to do')

Related to our quandary is the owner-ship time frame of our forest, good or"hopeless", and our responsibilities as stew-ards. There is the 100 to 120 year crop ro-tation, the forest time frame from seed tomature giant. Not only is our human timeframe much less, our ownership tenure isprobably only IOta 40 years, much as wehope to extend it by influencing our own-ership heirs. Because our time is short. weconcentrate on doing what is most effec-tive for our forest in our own time. And sowe correctly fret over those sections of theforest which seem so hopelessly poor thatnothing we can do appears to be appropri-ate or rewarding. No tangible rewards seempossible, no merchantable gain imaginable.(And merchantable gain is an importantconsideration! We cannot be expected towork in the forest and pay taxes withoutmaterial rewards.) So, we tend to leave thepoor and "hopeless" sections of the forestalone. But it correctly bothers most of usto do so because we feel responsible asstewards of all of the forest. Short termstewards we are, but stewards of our entireforest nevertheless.

Then, one sunny day, we feel good aboutour work in the woods. And we say: nowwe are going to do something about thoseacres of neglected forest: We are going towipe out this section of "hopeless" forestand start it over, give it a new chance. I haveexperimented and I have the lessons to passon, offering them to you to try. Starting overis quite interesting. If you do it correctly,the rewards will exceed your expectations.

First you need to survey the situation:1.) Define the perimeter of the area you

4 • NY FOREST OWNER

A small forest area 6 years after "re-start'tPhoto ©J997 Peter Levatich.

want to start over. There is a minimum sizedepending on the height of the adjoiningtrees. It should be at least about an acre,because it will shrink as the perimeter ofolder trees grows inward.

2.) Look at the ground with care: areany seedlings around? How tall are they,how numerous? Are they shade tolerant, in-tolerant, or mixed species? Which are the"desirable" species (as defined by your for-est management plan) ?

3.) Are there mature seed trees of thedesirable species near by ')

4.) The site. What is the orientation? Areyou on a south or north slope? Is it exposedto prevailing winds? What is the depth ofthe top soil?

Nextyou must take into accountsome general facts.A.) You can expect that the spe-

cies which now grow in your starting-overarea will prevail. There are many reasonsfor that. The composition may change. butyou cannot change the components easily.like importing species from afar.

B.) Look at the seedlings which are therealready. If they are the species you like,proceed in a way that will be best for them.If they are undesirable species, you haveto eradicate them before starting over. Inother words, you can manipulate the pre-dominance of desired species to some ex-tent.

C.) If you find no seedlings, this is sig-

NYFOA - 1-800·836-3566 - INFO

nificant because you simply do not knowwhat will grow except for the stumpsprouts. And stump sprouts mayor maynot be any better than the present growth:they will have the same genes. New seed-lings may come in if the seed source isnearby. Worst of all, new seedlings will startfrom seeds already on the ground (andsome seeds stay viable for up to ten yearsin the leaf litter) but you do not know whatthey are.

Your strategic alternatives for starting over are governed by all of theabove. Therefore:

1.) If your seedlings are desirable spe-cies, numerous, and 24" or taller, startingover is simple: make a clear cut.

2.) If your seedlings are desirable spe-cies but less than 24 inches tall, leave a fewtrees standing to maintain an environmentwhich will protect them from full sun anddrying winds. How much protection') Par-tial shade. Leave desirable species treesonly because of the seeds these residualtrees may drop into your area.

3.) If there are "practically" no seed-lings, you need to set up a two or three stageshelter wood cutting plan. Your consultingforester will have to look at your area andmake the detailed prescription, because Icannot do it from where I sit. The existingprotective forest canopy needs to be gradu-ally reduced in stages so that regenerationof your desirable species is optimally en-

I'.1AY/JUNE 1997

couraged and protected until it reaches the24" minimum height at which time it cantolerate full exposure to sun and wind. Ifundesirable species start showing up, youhave an opportunity to deal with them...,

Let me repeat what is essential to thesuccess of starting over:

First- the nature and state of the exist-ing seedling regeneration:

a.) how much, b.) how tall, c.) whatspecies.

Second, (a distant second)- what is thesite like:

a.) moisture conditions, b.) sun andwind, c.) depth of top soil.

Ihadsome spectacular successes andalso some dismal failures mainly fromignorance in starting over. Here are the

lessons.Success is assured if regeneration of de-

sired species is in place and if the forestowner leaves the place undisturbed. Cut theexisting stand, and leave the cut materialwhere it fell. I walk along each tree I cutand, if I can, I free seedlings caught andbent under the fallen material. A worth-while extra effort. I only cut major branchesof felled trees which point straight up. Iresist the urge to skid and similarly to "sal-vage" the cut material: the seedlings wouldget chewed up in that process and I wouldhave defeated my purpose. The existingslash will protect the seedlings from deer.Walk away and come back in four years;you will be delighted. You will also noticethat most stumps have sent up huge sproutsby then. Cut all but the straight ones leav-ing not more than two per stump (sprout-ing 6 inches or closer to the ground).

We had some time on our hands onceand wanted to start over in a neat and beau-tiful looking way. We cut off every unde-sirable seedling at ground level, and itlooked like a park. We did not have desir-able seedlings but, being a predominantlysugar maple site, we figured that the niceseed trees we left would seed the site. Wecut 75% of the big, "hopeless" trees. Weskidded most of them for firewood. Threeyears later we were shocked to discover thatall went wrong!

The 25% remaining "hopeless" treeswere doing just fine. No sugar maple seed-lings were in sight. Instead, all the undesir-able seedlings re-sprouted from the rootstock left intact by us and were doing glo-riously. On top of it all, striped maple andhophornbeam were growing everywhere;

NY FOREST OWNER

their seeds must have been in the forest lit-ter. Beech root sprouts were coming up vig-orously. You cannot do worse!

BUt you can learn and you should,preferably before you act.1.) Beech, like aspen and black lo-

cust, have shallow root systems and whenthe soil gets warm from sunshine (as it hap-pens when the over story of trees is re-moved) roots will sprout vigorously. Ifthese trees are on your undesirable list, youhave to eliminate their root systems beforeyou cut the trees themselves. Roundup willkilltre ~ oftJffitEd t:rEe3.

2.) Striped maple and hophornbeam aresome of the species with durable seeds inthe forest litter. If they are on your undesir-able list and if they are numerous, spraythem with Roundup when they are abouttwo years old. If they appear only here andthere, let them be: they may be shaded out,or you can take them out as saplings later.

3.) I have no practical lessons on howto introduce desirable seedlings into yourforest. If you do not see any, you are de-layed and have to wait. One thing thathelped me repeatedly isa techniquewhereby I select groups of desirable butsmall or struggling seedlings when I ambleabout my beloved forest. I bring more lightto these very small groups by cutting justone or two trees which are shading them. Igive the seedlings a couple of years andthey will have made it. You should be con-stantly on the lookout for these opportuni-ties in any case. Once you have these seed-ling groups, you can start cutting the overstory. It will look like patch work at firstand will take longer to do but it is a goodway to start over.

4.) Do not underestimate the effect ofscarification; i. e., the disturbance of theforest litter to mineral soil levels. If youdrag a heavy chain behind your tractor,seeds will sprout there. Similarly, skiddingencourages seed sprouting in the wake ofthe dragging activity. Turkeys scratch beau-

tifully and seemingly all day looking forseeds. Pray that they find the undesirablesand help the others to sprout. Turkeyscratchings, deer scrapes and squirrel dig-gings help seeds a lot. Activity of this kindmay be needed to prepare your forest forstarting over. One small section in my for-est which was not scarified in any way tooksix years to start seedling regeneration forme.

5.) Lastly a comment about deer brows-ing. It is really only a problem where ex-cess numbers of deer are in residence. Theydo find delicious new seedlings. But beingcreatures of convenience, they do not liketo struggle with the slash left in the start-ing-over areas. Nor do I hesitate to increasehunting pressure when deer numbers growout of the normal range. If you do not liketo get even yourself, invite hunters into yourforest making clear how you wish them tobehave. Besides, venison is low fat, zerocholesterol, high protein food. I have minemostly ground up for burgers, meat loaf,meat balls, stuffed pepper and cabbage. Ibetter cut this short, my mouth is wateringalready!

Nowyou know as much as I do.

Practicing it is the proof of thepudding. Like a famous marathon

runner once said: The hardest part is get-ting out the door. Keep practicing out therein your wonderful forest and count yourblessings. You really do not want to be any-where else. Starting over is a gift to the fu-ture, for the next owner of your forest. Butthe satisfaction and the joy are yours. .A.

'Control of Beech Root and StumpSprouts by Herbicide Injection of ParentTrees, by L.P.Abrahamson, RESEARCHNOTES, SUNY-ESF, Syracuse.

Peter, a representative for Tompkins Countyto the NYSDEC Region 7 Forest PracticeBoard and a Master Forest Ownel; is aregular contributor to the NY FORESTOWNER.

NYS Cooperating ConsultantMember: NYICF, ACF, SAF

CONSULTING FORESTER' NATURAL RESOURCE MANAGEMENT

VINCENT P. CHEBETAR, JR. ACF

NYFOA· 1-800-836-3566 - INFO 5MAY/JUNE 1997 •

Assisting Woodland Owners Since 1967

996 Arnett Blvd.Rochester, NY 14619(716) 235-7341

LIVING TRUSTS: FACT AND FICTIONBy David J. Colligan

DoI need a living trust') This is aquestion that many of our clientsask themselves. In fact. a number

of attorneys are actively marketing livingtrusts. If you believe that the answer to thisquestion is simple, think again. There are anumber of advantages and disadvantagesto living trusts. They are a good planningtool for some people and not for others.Consider all of the issues before deciding.

What is a Living Trust?A trust is an agreement. The agreement

is between the person setting up the trust(commonly known as the "Grantor" or"Settlor"), and the person or institution thatwill manage the trust (commonly knownas "Trustee"). When creating the trust, theGrantor transfers assets into the name ofthe Trustee. The trustee is obligated by thetrust agreement to hold and distribute thoseassets pursuant to the terms of the agree-ment. The person(s) that receive the in-come from the assets are known as "incomebeneficiaries." The person(s) that receivethe principal assets are known by a num-ber of terms but most commonly, "remain-der beneficiaries." The income and remain-der beneficiaries may be the same individu-als but do not have to be. The trustee is afiduciary. Therefore, in addition to his/herobligations under the agreement, the trusteeowes a fiduciary duty to all parties.

A living trust may be revocable or irre-vocable. The distinction between revocableand irrevocable trusts cannot be under-stated. The trusts are different in the man-ner in which they are funded, taxed andamended. Generally, when you hear about

living trusts in the media the reference isto revocable living trusts. Irrevocable liv-ing trusts are far more complex and there-fore will not be addressed in this article.

Reasons to Create a Living Trust.A. Avoid Probate.

The first reason given for creating a liv-ing trust is the avoidance of probate. Pro-bate is a process by which the assets of adecedent are marshaled. Once marshaled,the duly appointed representative of theestate pays the decedent's final expensesand then distributes the balance of assetsto the appropriate beneficiaries. The pro-bate process is supervised by the SurrogateCourt in the county where the decedent re-sided. In New York, the probate process isusually rather simple. When a living trust

. is created, all assets are transferred to thetrustee to hold in trust. When a person dies,the trust agreement does not terminate.Therefore, if all assets were transferred tothe trustee, the individual would not haveany probate assets to be administered. Noprobate filings would be required.B. Privacy and Protection.

As discussed above, if a living trust isproperly created and funded there wouldbe no need for a probate filing. The pro-bate records are public records. Anyonemay review the Surrogate Court files. Thefiles may contain a listing of assets, andnames of relatives and beneficiaries, If aprobate estate is not required the informa-tion is not available for review.

Upon the opening of a probate estate,any party that may have an interest in theproceeding is entitled to notice that the es-

A NOTE ON ASSESSMENTSCompliments to you as Editor and to David Colligan, Esq., on the article on assess-ments. in the March/AprilFOREST OWNER. As an assessor and woodlot owner (re-tired veterinarian and dairy farmer) in a rural area,1 felt it was much needed accurateinformationforanyone paying-real property taxes in New York State.The article did not mention a procedure that should be followed before any adversaryaction is taken, that is "talk to your Assessor." As stated in the article, tentative as-sessment rolls are available to be viewed during certa in times in May. Most assessorsare willing to let you see the previous rollbook priorto May 1sr, and will explain howthey arrived at your assessment figure, and if the amount is too far out of line withother similar propeliies, change your assessment. Even after May 1st when they cannolonger change without your going toGrievance, they maybe willing tohelp you with

Grievance forms, and agree not to challenge you ifyour request is reasonaple.

- ..J()hnJ. Mettiel',JI'., Copake Falls

G NY FOREST OWNER NYFOA· 1-800-836-3566 - INFO

tate is being opened. In addition, any indi-vidual that would be entitled to receive ashare of the estate in the event there wasno Last Will and Testament. is entitled tofile an objection to the probate of the LastWill and Testament. If a probate filing isnot required there is not a notice require-ment.C. Financial Management.

Upon transfer of a Grantor's assets tothe trustee, the trustee is empowered tomanage the funds. If the Grantor subse-quently becomes disabled, the trustee maycontinue the management as if the Grantorwere competent. Financial institutionsshould not be concerned by the subsequentincapacity. Further, if a trustee becomesincompetent, an alternate may be desig-nated to fulfill the duties of that trustee.

Reasons not to Create a Living Trust.A. A trust must be properly created,fundedand maintained.

The number one reason a living trust willnot work for most people is that they fail tofund and maintain the trust. Creation of atrust may be likened to the creation of aseparate entity, i.e. corporation, partnership.If incorrectly created, funded or maintainedthe trust will fail to achieve the Grantor'sgoals.B. A trust is more expensive to create thanother estate planning tools, i.e. Wills.

The cost of a trust may be two or threetimes the cost of creating.a comparable LastWill and Testament. Currently, the costsof trust creation run between $1,500 -$5,000. Often, people do not require thistype of expensive planning. A planning al-ternative may be utilized to achieve thesame goals without the expense. It is alsopossible that the expense incurred to ere

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MAY/JUNE 1997

ate the living trust will exceed the ulti-mate cost of probate.C. Once the trust is created, the Grantor's

assets must be transferred to the trustee.If any asset is retained in the Grantor's

name alone and not transferred to thetrustee that asset will not be part of the trustand the advantages of the trust will not ap-ply. Many client's resist transferring theirhome to the trustee. There seems to be acomfort issue with the thought of relin-quishing control of the homestead.D. Finally, the trust must be maintained.

As we go through life, our financial situ-ation changes. We buy new assets and sellother assets. Once the trust is created, tomaximize its benefits, the trustee must buyand sell the assets. If assets are com-mingled, the trust will not achieve the de-sired goals. Further, the trust may be sus-ceptible to challenge.

A Revocable Living Trust does not saveTAXES!

Let me repeat, a revocable living trustdoes not save income or estate taxes. Sincethe trust is revocable by the Grantor, thetaxing authorities deem the Grantor to havean incident of ownership in the trust. There-

FARM CREDIT

fore, all income will be taxed on theGrantor's individual tax returns and all as-sets will be included in the Grantor's estatetax return. The words, "Save Taxes" is in-cluded in almost every advertisement forrevocable living trusts. The savings are il-lusory.A. Not all assets may be held in a LivingTrust.

Business assets may not be the best as-sets to transfer to a living trust. Membersof partnerships often have to obtain the per-mission of their partners to make the trans-fer. Buy/SellAgreements must be amendedto recognize the transfer. Assets of a pro-fessional corporation may not be held by atrustee. In addition, retirement plans oftencannot be transferred and should not betransferred due to harsh income tax treat-ment. Many financial institutions do notreadily accept assets held by a trustee ascollateral. Therefore, care must be takenprior to transferring an asset to a trust toensure that the underlying loan is not ac-celerated and that the ability to collateral-ize the asset is not compromised.B. A Living Trust will save me money.

In New York State, probate fees are rela-tively modest. The filing fee for an estate

Loan orlease?

under $500,000 is $500. Executor's com-missions (fees) and trustee commissions areroughly comparable. Finally, the attorney'sfees for establishing, funding and maintain-ing the trust are often as high as theattorney's fee for administering the estate.A true price comparison should be obtainedprior to entering a trust agreement.

CONCLUSION:Living trusts have many purposes and

are an estate planning tool that when prop-erly used, funded and maintained mayachieve a number of goals. The living trustis not, however, tile only available estateplanning tool. In many cases a living trustis not appropriate. Care must be taken toensure that your individual purposes will

"be served prior to entering a trust agree-ment. ..•.

Dave Colligan, a member ofNYFOA 's Nia-gara Frontier Chapter, is a practicing at-torney with a Buffalo law firm (Watson,Bennett, Colligan, Johnson & Schechter;600 Fleet Bank Bldg, 12 Fountain Plaza,Buffalo 14202) and regularly provides ar-ticles on legal matters of interest to forestowners.

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7

It depends ...Some say ohlaining a loan and buying is the most

cost-effective \\'ay to finance expensive equipment.

Others say leasing equipment is the way to go.

In fact. each financing option has certain advantages

with regard to convenience, flexibility and tax obliga-

tion.

To find out which makes most sense for you. talk to

an ag business expert at Farm Credit.

When y()U do. remember this: Eligihle harrowers can

buy or lease through Farm Credit - a choice you

won't find at manv other institutions.

Farm Credit gives you the choice.

First Pioneer Farm Credit, ACA394 Route 29,Greenwich, NY 12834

(800) 234-0269 ~~ fh~r.~~t~~~u~L,e'NY FOREST OWNER NYFOA - 1-800-836-3566 - INFO MAY/JUNE 1997 •

SELLING TIMBER ON A SCALE BASISMAY NOT BE THE BEST OPTION FOR YOU

By Gary A. Miller

The following is an interview withJeffrey Shaw (a landowner anddairy farmer) who ran into unex-

pected financial liability following a tim-ber harvest on his property. This was not aresult of not getting paid for his wood norof anyone getting injured, but the result ofthe wording in the Worker's CompensationLaw. As a result of his harvest, he was pre-sented with a rather large bill for Worker'sCompensation Insurance (WCI) on behalfof the timber harvester that logged his prop-erty even though he was not the farmer'semployee and no one was injured duringthe operation.

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to think of all of the benefits youcould enjoy from having a pond ora lake on your own property. Thisidea could become a reality if theright conditions prevail. From ourexperience it normally requiresfavorable watershed conditions,good site conditions, owner-commitment to stewardship forenhancement of forest land values,appropriate engineering planningand design, and good constructionpractices.

PONDS UNLIMITED CANEVALUATE the site of yourchoice. We can provide all of theengineering services needed toplan, design and oversee theconstruction of a dam to create ahandsome pond or lake on suitableproperty. You can get additionalinformation by calling 315/422-POND or sending a letter ofinquiry to:

PONDS UNLIMITED719 E. Genesee St.

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8 • NY FOREST OWNER

A scale sale is the type of sale wherethe woodland owner receives a percentageof what is paid at the sawmill for deliveredlogs. Most of the timber harvested in thisstate is off small private woodlands. Themajority of these harvests are done on ascale basis. Due to the high cost ofWorker's Compensation Insurance on tim-ber harvesting operations, many loggers donot carry it on themselves or if they are inpartnerships. Employers are required tocarry it on employees, but not on them-selves.

Gary Miller - Mr. Shaw, you own anoperating dairy farm. How long have youowned this property and have you ever har-vested timber from it before?

Jeff Shaw - I purchased the farm in1970. This is the first time anything butfirewood was harvested from the property.

GM - What made you decide to harvestsome trees?

JS - I realized some of the stand wasnow of marketable size.

GM - Did you contact anyone for ad-vice before you went ahead?

JS - The DEC ForesterGM -I was the Forester that looked over

the woodland and suggested that is goahead with a harvest. We normally recom-mend the use of a Consultant Forester tomark out a sale and bid it out on a lumpsum basis. In this case ispersonally knewa logger who was interested in cutting thison a percentage. Normally I do not en-courage this type of sale because of a lackof control on what is being removed andthe dependency on the honesty of the per-son doing the cutting. Since I also person-ally knew the logger that is referred to asdoing quality work and being honest, I didnot discourage him from this approach.

GM - Did you contact other loggers?JS - Yes, I had two other loggers which

made offers on the lot.

NYFOA - 1-800-836-3566 - INFO

GM - Did you have a contract with thelogger you decided on?

JS - Yes, he included harvesting dates,had liability insurance, and stated the per-centage of the mill price I was to receive.He works alone and therefore did not carryWCI.

GM - Were you aware of any potentialproblems with WCI?

JS - No. Was DEC aware ofWCI prob-lems arising from this type of harvest?

GM - I have not personally heard of thishappening before. I called our Albany of-fice and discussed the problem. Our Bu-reau Chief has never heard of anyone get-ting in trouble with WCI on a timber har-vest of this type, but was aware the poten-tial was there.

GM - When did you become aware ofthe WCI liability?

JS - During our annual audit of the farmpayroll. The auditor asked to see a com-plete copy of our most recent income tax.The auditor claimed the following on theWCI:

1. Since the trees were not paid for be-fore they were cut they were still my prop-erty.

2. Since the trees still belonged to me,the logger was technically my employeewhile they were being cut.

3. Since the logger was my employee, Iwas responsible for the WCI on this per-son while he was cutting the trees.

GM - What were the results of this de-cision?

JS - They threatened to cut off my WCIon the farm operation by a certain time un-less I paid for the WCI on the logger whilehe was here.

GM - How much was the billJS - 51.86% of my gross from the sale.GM - Did you contact anyone about this

problem?JS - I contacted the Farm Bureau. They

have not run into problems before regard-ing timber harvesting, but have run intothem before on contracting out farm work.I also contacted the logger and yourself,neither of you have run into this before.

GM - I understand that this case is nottotally resolved and that you are workingon some options to at least try to reducepayments.

JS - I requested and was granted an on

MAY/JUNE 1997

farm re-audit, which concluded with nochange to my bill. I contacted the auditingDepartment of the State Insurance Fund inN.Y. pointing out to them, as it had beenfor me, that my liability to WCI should bebased on the logger's gross and not mine.That they agreed to and my payment duedropped from $4847.80 to $1927.27.

Presently I am requesting my case bepresented to the Audit Review Committee(with the State Insurance Fund) whichmeets on an irregular basis so the finalamount of liability is not yet known.

GM - Thank you for this interview andIwill finish with one last question. Afterhaving to declare capital gains and nowmake WCI payments, was this harvestingoperation worth it to you?

JS - Had the original bill of $4847.80or 51.86% of my gross stood, the answerwould be no. I was offered a cash pay-.ment of $14,000 by one logger. I decidedagainst this offer because it would haveprobably badly gutted our woods and se-verely postponed the next harvest. Evenwith my present bill of $1927.29 to WCI Iwould have, using hindsight, given morethought to a cash up-front offer.

Also in response to your question, I haveto mention how aggravating and upsettingit is to have to make numerous phone callsto numerous people with the State Insur-ance Fund in an effort to resolve this. Myefforts thus far have saved me $2920.51 andprompted a strong personal resolve to neverget myself into such a situation again.

SUMMARY:The following is from a bulletin put out

by Cornell Cooperative Extension titled"Liability Considerations for New YorkWoodland Owners" by Tommy L. Brown.

"If the landowner has sold timber or fire-wood to a buyer who cuts the wood for hisor her own use or for resale, the landowneris not responsible for Worker's Compensa-tion Insurance. The responsibility for WCIfalls upon the owner of the timber. For thisreason, if the landowner is to clearly avoidliability for WCI in such cases, he or sheshould have a written copy of a sale docu-ment showing that the sale was completedbefore the beginning of cutting."

The ways to avoid the problem men-tioned above is either to sell the timber witha lump sum payment up-front or to makesure the logger carries WCI on himself ifthere is a scale sale. The best way is toinvolve a Consultant Forester to mark thetrees, write the contract and bid the sale out

NY FOREST OWNER

lump sum. This way everyone knowswhat is supposed to be done, you havethe money up-front and the forester (act-ing as the landowner's agent for a fee), isoverseeing the harvesting operation.

As previously mentioned, many log-gers do not carry WCI because of the ex-pense and many who work alone or witha partner have limited available funds tofront money on a lump sum sale. If theydo offer a lump sum other than on amarked sale, it will usually work out lessthan what the landowner would receiveon a scale sale. This is because they are

only estimating what is there and are mostdefinitely going to be on the conservativeside with their offer.

The bottom line to the landowner is lessmoney on an up-front unmarked lump sumsale or a smaller percentage on scale sale be-cause the logger pays for WCI. This is stillbetter than what happened above as youcould conceivably sell your wood and losemoney between the capital gains tax andpaying WCI in addition. .•.

Gary Miller is a NY5 DEe Sr. Forester inthe Herkimer Office of Region 6.

NWOA Offers MuchThe National Woodland Owners Association is a nationwide organization of

non-industrial private woodland owners with offices in the Washington, D.C.area. Membership includes landowners in all 50 states. NWOA is affiliated withstate and county woodland owner associations throughout the United States.

Founded by non-industrial private woodland owners in 1983, NWOA isindependent of the forest products industry and forestry agencies. NWOA workswith all organizations to promote non-industrial forestry and the best interests ofwoodland owners. Member of: National Council on Private Forests, NaturalResources Council of America and National Forestry Association.

Members receive 4 issues of National Woodlands magazine and 8 issues ofWoodland Report with late-breaking news from Washington, D.C. and statecapitols. An introductory visit from a certified professional forester is available inmost states (for holdings of 20 acres or larger), plus other member benefits.

-- Keith Argow, Publisher

~--------------------~----The National Woodland Owners Association

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Informed Woodland Owners -- Our Best Protection

NYFOA - 1-800-836-3566 - INFO 9MAY/JUNE 1997 •

NYSAF WINTER MEETING- January 29-31, '97By Robert Sykes

Iwas one of several NYFOA guests in-vited to attend the winter meeting ofthe New York Society of American For-

esters. I came away with a great respect forthe SAF organization and the members atthe meeting. The two main topics for this3-day meeting were "Ethics" and "TheMaine Referendum: Lessons For NewYork".

The first topic - Ethics - moderated byJim Coufal, SUNY -ESF consisted of a pre-sentation followed by a roundtable work-shop where 6 or 8 attendees at each of about15 tables were assigned specific case stud-ies in forest ethics. Each group tried to ar-

. rive at a consensus on how they should act.in these situations and which canons (fromthe S.A.F. Code of Ethics) were pertinent.A spokesperson from each of selected tableswas then asked to explain theconcIusions.There was agreement on many situations butnot on all. There were some cases whereyes or no answers were replaced by "it de-pends ... " and "what if ... " I came awaywith a feeling that these foresters are veryethical people, that they have a deep senseof values in their profession, and that for-esters have no easy task being in the middleof some very tough situations.

The second topic - The Maine Referen-dum - was moderated by Dr. Russell Briggs,SUNY-ESF and consisted of perspectivesof representatives of the Maine forest indus-tries, the state regulatory community, and

the environmental community; followed bysome views on the similarities and differ-ences in New York state.

Basically the Maine Referendumevolved because of the perception by someenvironmentally concerned people that"clearcutting" was destroying the forests of

C Maine. The referendum was a 3-way votelast November where the people of Mainewere to choose:

1. the Green Party Referendum - ban-ning clearcutting, or

2. "the Compact" (a compromise drawnup by the state) - regulating timber cutting,or

3. neither of the above .The result was that number 2. "the Com-

pact" placed first (47%) but not by the ma-jority required. Another 2-way referendumis scheduled for next November.

Then came presentations by EricJohnson, of Northern Logger & TimberProcessor, and Dr. Ralph Nyland,SUNY-ESF followed by discussion fromthe audience regarding what we can learnfrom this in New York. The situation inNew York has many differences fromMaine.

For one, Dr. Nyland pointed out. the for-estry profession and the state regulatoryagencies have been working together fordecades, particularly in the case of theAdirondack Park Agency.

Another difference is that in New York

a referendum at the polls must be gener-ated through the state legislature not di-rectly from a petition from the people.However New York does have some defi-nite similarities to Maine - for one, mostof the people live downstate and most ofthe forests are upstate. It was pointed outin the discussion that the "Referendum" inNew York might not be at the state levelbut is really taking place right now in theform of town ordinances banning or regu-lating timber cutting particularly in down-state localities. In short, the Maine Refer-endum is a clear and present warning. Edu-cation and communication seem to be thebest way to go. It was pointed out that inMaine most of the public were confused,did not trust or believe the professionals,and voted based on emotions rather thanfacts. We, in New York, as foresters, edu-cators, loggers and forest owners need tobetter inform the public by preaching andpracticing good forest management.

The NYFOA organization, both at thechapter level and at the state level can be asignificant factor in promoting good forestpractices and informing the citizens of NewYork that we know how to manage our for-ests wisely. .•.

Bob Sykes is a member of NYFOA 's Cen-tral New York Chapter and a Master ForestOwner; Class of 1992.

By Verner C. Hudson

The three day winter meeting was heldat the Four Points Hotel at Syracuse.

A focus on Ethics with round table dis-cussions, ethics codes and a look to the fu-ture were moderated by Jim Coufal ofSUNY-ESF The speakers on ethics includedSamuel J. Radcliffe from Milwaukee, Wis-consin and Kate Robie, a consulting for-ester from Atlanta, Georgia.

HarryV. Wiant, Jr., President of the So-ciety of American Foresters, Morgantown,West Virginia expressed his views on deal-ing with various forms of environmentalactivism. Some of his thoughts were tochange the terminology; such as, -UseBiomass Reorientation instead of fellingtrees, -Species Revitalization to replacethinnings, -Ecosystem Adjustment wouldbe more acceptable than logging, and -log-ging roads become Ecosystem Access Cor-ridors.

10 • NY FOREST OWNER

Mr. Wyant is a renown speaker fromWest Virginia University. He has formallyserved on the faculties of Humboldt Uni-versity and Stephen F. Austin State Uni-versity. He has published over 200 profes-sional articles and two books dealing withsilviculture and forest inventory.

A group of six speakers from Mainegave an in-depth review of the Maine Ref-erendum and how it could affect forestryin the northeast. Included in the group wasthe director of the Maine Forest Service,Charles Gadzik from Augusta, Maine. Henoted that the referendum would likely beon the ballot again and much must be donein order to obtain more than 50% of thevote to pass this proposal of the Governor's.Others explained how the controversy be-gan and the action of the loggers.Clearcutting is a tool of silviculture, andnot always a bad thing.

NYFOA· 1-800-836-3566 - INFO

Dr. Ralph Nyland, keynote speaker,pointed out that the Maine Referendumwould not occur in New York because itwould have to be proposed by the NYSLegislature to be on the ballot. It was ob-served that a greater detriment to ecosytemadjustment and the economy of New YorkState is the effects of prohibitive local or-dinances.

The business meeting included the ap-pointment oftheChair-Elect Michael Virgaof Lyons Falls Pulp & Paper to serve asChairman of the NY Society. Mike replacespast Chairperson Valerie Luzadis. TheChair-Elect is the Catskill ForestAssociation's Executiove Director, DinnieSloman. AVall Hudson, Master Forest Owner; hasserved forestry as Onondaga Count)' 's rep-resentative to NYSDEC Region. 7 ForestPractice Board and as the Treasurer of theState Forest Practice Board.

MAY/JUNE 1997

SKIP THE WHITEWASHresult in huge losses long into the future.

Foresters working for owners with aclosed mind have a tough task. They mustexplain the alternatives to the landownerand suggest an approach that best meets thelandowner's needs and the principles ofsound woodlot management. If the ownerinsists on a short run, unsound approach,the forester accepting the job will work toassure that the skid trails are appropriatelylaid out, that stream crossings are properlyhandled, and that environmental damage isminimized. In short, the consultant will doeverything that can be done to make theoverall harvest as little damaging as pos-sible.

The purpose of NYFOA is to help land-owners understand and appropriately actupon their responsibility as land stewards.The purpose of SAF is to use the knowl-edge and skills of the forestry professionto benefit society. The relationship shouldbe like a hand and a glove.

As landowners, we, too, are obliged tothink, learn and act responsibly. Listen toyour mechanic, don't rationalize withwhitewash. Experience stewardship. ..•.Ron Pedersen is a charter member of NY-FOA and a Master Forest Owner:

have pledged to advocate and practice landmanagement consistent with ecologicallysound principles.

(That's a very serious commitment. Arethere comparable prerequisites for landownership, too?)

Members of the Society of AmericanForesters have pledged to use their skillsto benefit society, to correct untrue state-ments about forestry, and, if asked to devi-ate from professional standards, to explainthe consequences.

The problem arises, for example, whena landowner insists, even after discussionwith the forester, that the timber sale beingplanned yields the absolute maximum im-mediate return, without regard to tree di-ameter or quality or future growth poten-tial of the stand. Such landowners are sub-stituting their judgement for that of thetrained professional, demonstrating a lackof faith in an expert and a callous disre-gard for the future of the woodlot.

How many people would insist that theirmechanic incorrectly repair their car? Oruse whitewash instead of paint on the out-side of the home which their children's chil-dren will use?

In a woodlot, too, a quick fix today can

By Ron Pedersen

At a recent meeting of the NY Soci-ety of American Foresters, members discussed ethics and profes-

sional conflicts, such as when foresters haveinside information about a former employerthat might be useful to their present em-ployer, or when a landowner insists that theconsultant do something which the foresterknows is not good forest management.

(So what, you ask? The NY FORESTOWNER is published for landowners, notconsulting foresters. Why fill the pages withtheir problems?)

I think that most readers would agreethat landowners are temporary stewards ofa wonderful renewable natural resource,and if they mess up through bad manage-ment or no management, the disruption tothe continuum of forever may take manygenerations to overcome. Clearly, landown-ers have a huge responsibility.

Foresters have a huge responsibility, too.As individuals, they love the sights andsmells of the forest just as landowners do.But that is just the beginning. These col-lege trained experts, now members of SAF,believe that stewardship of the land is thecornerstone of the forestry profession and

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NYFOA - 1-800-836-3566 - INFO MAY/JUNE 1997 • 11I\'Y FOREST OWNER

LETTERSFOSTERING FOREST RICHNESS

A quick note to express my feelings con-cerning the wonderful article in yourMarchi April issue of the FORESTOWNER entitled "Fostering Our PrivateForest Richness." Although Norm stated thereason for his article was "to stir debate", Ican see nothing in his hypotheses to do so.He has clearly and succinctly put togetherthoughts some of which I had difticultyexpressing when Iwrote in response to aJohn Marchant article about concerns re-lating to NIPFOs outside the "choir." AsNonn says, " ... the greatest resource rich-ness may result from large numbers offor-est owners doing their own thing accord-ing to individual values and resources ... "

Let's continue to be advocates of forestowners' interests, " ... seeking to open eyesand opportunities to the rich range of alter-native values that can come from forestownership." We are members of NYFOAbecause of mutual love and respect of ourforests and our camaraderie is enhanced bythis.

Maybe we should more often misquoteour professional friends in order to elicitmore great articles like Norm's.

-Jack McShane, AndesFor another representative point of view seethe article on page 15.

SPRING DANDELIONSI thoroughly enjoyed John Braubitz' ar-

ticle, "Is It.Spring Yet?" in the Marchi Aprilissue of the FOREST OWNER. However,I am puzzled by the Dandelion Wine recipe.

If I follow the directions as printed: "(A)Place in crock Dandelion flowers withoutgreen sepals!" and "Cover and allow tosteep three days", I'm pretty sure I'd endup with a nasty, slimy black mess that noamount of sugar, oranges, lemons and yeastcould turn into palatable wine. Besidesthat. .. How many Dandelions? A handful?Two bushels? Something has been left outof the recipe:

Even so, this was a charming article andI enjoyed it very much.

-Betty Densmore, MachiasThe Dandelion Wine recipe called for onegal/on of Dandelion flowers and one gal-Ion of water. The article was in error alsoin Slating that the Braubitz'[ami II' only atethe roots when they actuallv onlv ate thegreens and then, in the second recipe forDRESSING: It should be, (E) Heal mixture.

12 • NY FOREST OWNER

IN PRAISE OF ASPENJim Engel's article, "In Praise of Aspen",

offers an idea for the productive, well-di-rected use of that invasive plant, and that'sgood. Forest Owner readers should beaware, however, that other articles are be-ing published elsewhere encouraging amisdirected use ofinvasive plants and that'snot good. Let me explain.

The current wave of hedonistic attitudesand behavior has now spread into the plantworld. It has become fashionable for gar-deners to collect exotic plants from allovertile world. Government cautions and estab-lished quarantine procedures are ignoredand considered "silly." The growth of tilemovement is explosive. The New YorkTimes, recently in an article, glamorizedthe idea in the creation of "Global Back-yards." Upscale gardening magazines runitems encouraging Aspen trees in frontyards as a mark of sophistication.

No one is reminding the new wave gar-deners of past tragedies such as tile DutchElm Disease.

Predictable effects have already started.Exotics were recently discovered inNarragansett Bay and may threaten it, ecol-ogy.

-Nicholas Ratti, Bristol, RI

HELP!As a new member of NYFOA, I have

become aware of the high esteem NYFOAmembers have of foresters.

I leamed that NYS DEC Jim Cheesemanwill be retiring soon and will not be re-placed in our region I I have written a letterto Senator Georze Maziarz, who serves thispart of the stateand in part said:

"Although the only trees we own are thesix or so around our house, I have been soimpressed by this group of 200 forest own-ers who make up the NFC NYFOA. Theyare fiercely dedicated to the managementof the state's forest for timber and wildlife.The programs range from tours of areawood-products' firms like Fitzpatrick andWeller to an outdoor maple syrup pancakebreakfast and tour of one of the member'ssugar maple grove and woods.

Each NYFOA Chapter has the needof a public forester to provide informa-tion on harvesting and management offorest land, assisting in urban areas, pre-senting workshops and thousands of ser-vice requests ... " [Editor's bold]

-Barbara Tucker, Kenmore

NYFOA· 1·800-836·3566 - INFO

JOINT TOURBy Barbara Tucker

Have you ever been inside a co-gen plant'? How about a co-gen plant in which the turbine gen-

erator used for electricity is fueled by woodby-products of the wood products' manu-facturer?

More than 40 members of the Allegh-eny Foothills Chapter and the Niagara Fron-tier Chapter of NYFOA were treated to thisand more when they recently toured the fa-cility of Fitzpatrick and Weller. Inc. Nestledin the quiet foothills of the AppalachianMountains in Ellicottville, Fitzpatrick &Weller has been a progressive leader in thewood products industry since its foundingin 1892.

The fourth generation of tJ1CFitzpatrickfamily now runs the business and have suc-ceeded through expansion and modcrniza-tion.

Only tile finest of quality hardwood tim-ber is selected from ),600 acres owned bythe linn and another 6,000 acres uponwhich they hold cutting rights, accordingto co-owner Dana Fitzpatrick. The linn spe-cializes in red oak, cherry, ash and hardmaple, although other woods are available.

The NYFOA members toured the mod-em sawmill, tile pre-driers and saw the newautomatic lumber- stackers. The dimensionplant, according to Dana, is geared to pro-duce more than 100,000 board feet of hard-wood components per week. Many wereamazed when we saw components for stair-cases, kitchen cabinets, and casket and storefixture industries.

The chop saw line compliments tJ1Cmul-tiple rip saw to incrcaase production.

Jess Fitzpatrick and his brother, Dana,sell to markets across the world. He said,in addition to lumber and dimension prod-ucts, tile linn also produces logs for theexport market. "And we don't waste any-thing from a felled tree, from bark to heart,"

Not only did tile NYFOA members en-joy coffee and donuts upon their arrival,compliments of the Fitzpatricks, but eachtour group included only about 6 to 8people with knowledgeable guides, includ-ing the owners and officers of the firm. Thesmall groups allowed for questions to beanswered and a close look at the facility.

And the Sl.S million co-gen plant?Chips keep it humming producing 2/3 ofall the electricity used in the operation ofthe plant. Exhaust steam is used for pro-cess operation or for heat exchange. .•.

MAY/JUNE 1997

KNOWING TREES

\I

By Wayne Oakes

InSeptember of 1991 two hikersdiscovered the frozen body of a manin the Alps near the Austrian-Italian

border. Investigation and test'; revealed thatthis was an almost perfectly preservedcorpse of a Neolithic man who had diedapproximately 5,000 years ago.

Found with the body were his clothing,tools, and equipment for daily survival.Among these items, botanists have identi-tied parts of 17 different tree species. Ex-amination of these items made it apparentthat this man knew exactly which treewould best provide for his utilitarian needs.

The table shows the identified trees andtheir use:

TREEYew tTaxus baccataiLime tTilia sp.)

Ash tFraxinus excelsior)Hazel tCorvtlus avellanaiLarch (Larix decidua)Wayfaring tree (Viburnum lantana)

Cornel tree (Comus .W)

Birch tBetula sp.)Willow (Salix reticulate)Amclanchicr iAmelanchier ova/is)Alder (A/nus viridis)Norway spruce tPicea abies)Pine (Pinus sp.)Elm (Ulmus sp.)Juniper (Juniperus sp.)Norway maple (Acer platanoidesiBlackthorn tPrunus spinosai

pine, and elm were all represented by smallamount'; of charcoal in the ember container;maple leaves were used as insulation be-tween the embers and walls of the birchbark container; and blackthorn fruit forfood.

The evidence of this find serves as a re-minder that so called "primitive" man wasnot as primitive as some might suppose.Anyone interested in reading more aboutthis remarkable find, may do so in THEMAN IN THE ICE by Konrad Spindler.

Writing this brief note has allowed meto think or rethink my relationship withtrees. One does not have to be a "tree-hugger" to acknowledge this relationship.However, if Iever need a reminder or just

USEBow, axe handleRetouching tool, cordKnife handleBackpack & quiver bracingBackpack boards & fuelArrow shaftArrow shaftContainer, tarFuelFuelFuelFuel, ?FuelFuel?

InsulationFood

The following are some of the tree partsand ·more specific use: lime bast for sew-ing material and bowstring; hazel branchesfor U-shaped backpack frame and lateralquiver bracing, the Comus sp . variety mostlikely used was dogwood for foreshatts;

birch bark and sap for container to carryem bel'S and tar to bind an-ow points toshafts; willow wood chips for long burn-ing embers; Amelanchier, alder, spruce,

a dose of humility all I need do is stare atmy fingerprints, As far as I know, primatesand the Koala bear are the only animalswith fingerprints. The only known functionof fingerprints is to create friction whilegrasping tree branches. .•.

\tavl1e Oakes is a frequeru contributor ofpoetry and prose often with afocus on thetrees' shadows or the echoes of the forest,

LANDVEST-Timberland Management -Land Use Planning-Forest Land Marketing & Sales -Real Estate Asset Planning

-Appraisal & Conservation ServiceAdirondack Office:64 Park Street, Tupper Lake, NY 12986518/359-2385; e-mail: KIDBURPS@aol.com

:W FOREST OWNER J\YFOA - 1-800-836-3566 - INFO

APplication or Facsimile Appli-cation for Memhership in theNew York Forest Owners As-

sociation.

IlWe would like to support good forestryand stewardship of New York's forest

lands.

( ) IlWe own acres of wood-

land.

( ) IlWe do not own woodland but sup-port the Association's objectives.

NAME _

ADDRESS

City Zip

Telephone _

County of Residence _

County of Woodlot _

Referred by _

Annual Dues(Please Check One)

INDIVIDUAL 5>20

FAMILY (or co-owners) $25

CONTRIBUTING $30-$100

SPONSORING $101and up

MEMBERSHIP INCLUDES:

Six issues of the NY FORESTOWNER, woodswalks, chapter meet-ings, and two statewide meetings for allmembers.

PLEASE make check payable toNYFOA and SEND TO:

NYFOA, IncP.O. Box 180.

Fairport, New York 14450

MAY/JUNE 1997 • 13

MY FAVORITE TREE-Liriodendron tulipifera

By John S. Braubitz

Forty-four years ago this May, I wasfishing along White Deer HoleCreek in Lycoming

County, Pennsylvania. Whilecasting my line into the stream,I caught it in a tree and had totry to retrieve it. As I pulled onthe line I noticed some flowersup in the tree that looked liketulips. I had never observed tu-lip flowers blooming on a treebefore. I retrieved a branch withleaves and flowers and took itback to camp. No one thereseemed to know what kind oftree had flowers like this. Thistantalized my curiosity and thenext day I found myself at thelibrary paging through somedendrology books searching forthis tree's identity. After alengthy search I was able toidentify it as a Tulip tree. Thiswas my first experience identi-fying any plant from a book.This tree continued to impressme for the rest of my life.

The Tulip tree is deciduous,and according to Harlow andHarrar', it is one of the mostvaluable, distinctive trees inEastern North America. It prob-ably attains the greatest height(maximum 198 ft.) of any east-ern broad-leaved tree and may also be themost massive (maximum diameter 12 ft.) Ipersonally counted over 150 annual rings

in a Tulip tree cut in Fort Hill Cemetary atAuburn, N.Y., and the tree had to be at least90 ft. tall with a diameter 4.5 ft.

Joel FiskeProfessional Consultant Forester

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/~oodland Taxatio~R,creation Development

'> Timber Sales' .~,

3216',;Q9 i"

Watkins"6r'el l~i~~;>:'148607 -535-7813

Professional Member SAF

1\TYCooperating Consultant ForesterMember NY Forest Owners Assoc.

14 • NY FOREST OWNER

There is no time of year when this treeis not a special treat to observe. In Summerit has a unique green truncate leaf that is 4to 6 inches in diameter with 4 lobes thatremind me of a bat. In the Fall it has afruit-like structure that is erect and cone-like. Even after the leaves fall and the seedsdrop out of the fruiting structure, it retainsbrackets that look like artificial flowers.Winter which provides a good view of treestems shows the Tulip tree with a clear en-viably straight bole rising to a crown domi-nating the canopy. The best show comes inlate Spring between the last week in Mayand the first week of June. If you get achance to observe the tree in full bloomduring that time, you will be in for a realtreat. My wife and I look forward to ob-serving this bloom every year.

The Tulip tree is also unique because itis one of the oldest flowering Angiosperms.

NYFOA - 1-800·836-3566 - INFO

Bessey', a taxonomist and early botanist,proposed Ranales to be the oldest order ofAngiosperms. In this order, the family

Magnoliaeeae is one of the oldestand most primitive; the Tulip treeis found in this family. Fossil re-mains indicate that the genusLiriodendron was once widely dis-tributed over North America. At thepresent time only two species areleft: L. chinense of central Chinaand L. tulipifera of the easternUnited States.

The two common names for L.tulipifera are Tulip tree and YellowPoplar. I prefer the name Tulip treebecause the flowers it producesresemble tulips. The term poplaris misleading because the poplartree belongs to the familySalicaeeae or Willow family whichis contrastingly different thanLiriodendron.

I have never come across acomprehensive survey that listedthe favorite tree of Forest Owners,but from a general survey, thekinds most frequently listed wereRed oak, Sugar maple, Black wal-nut, and Black locust. I am not surewhy the individuals selected thesetrees, but through this article Iwanted to share with you the rea-sons why and how Liriodendrontulipifera evolved into becoming

my favorite tree.If you have a favorite tree, drop a card

to the Editor {address 011 page 24. J If suf-ficient data is obtained, a legitimate surveyof the favorite tree of Forest Owners canbe created.

In the meantime,remember- Tulip treeflower observation time is approaching- mark it down on your calendar-lastweek of May through the first week of June.I hope you can share in one of my favoritepleasures in nature. ~'Harlow and Harrar;"Text Book of Den-drology"; McGraw-Hili Book Co.~Robins and Weir; Botany, An Introductionto Plant Science; John Wiley & Sons.

John Braubit; is a regular contributor tothe .NY FOREST OWNER and Professor inthe Science Department of Cayuga Com-munity College.

MAY/JUNE 1997

FOSTERING FOREST RICHNESS-A RESPONSEBy Michael C. Greason

Before my copy of the FORESTOWNER came last night, I had re-ceived several faxes of Norm

Richard's article, "Fostering Our PrivateForest Richness" and find some of his state-ments disturbing. I will comment on thosethat really caught my attention.

Most owners would accept: .Diversity of landowners, parcel sizes,

past landuse history, and ownership tenureall contribute to resource richness. We haveto remember that 95% of our forest own-ers do not look on their forest holdings asan investment. There are opportunities inhaving an almost infinite interacting arrayof variables in our forest landscape. Per-haps these variables serve as a buffer tobridge changes in both professional andsocietal perceptions as to what is impor-tant. But then:

Norm questions "how small can a for-est be?" I have worked with many smalltracts that were components of a muchlarger landscape. These parcels are impor-tant to me. I don't feel we can afford toignore any forest owner nor any patch ofwoods. Maybe the large tract is a more ef-ficient use of a forester's time; however, anexcessive cut in a rural/urban interface zonecan create a societal outcry that could leadto an ordinance that could shut down anyforestry activity in a town or even a county.I own less than twenty acres and much ofthat is low in productivity; but I value manybenefits, including wood, that my propertyproduces as a part of a much larger land-scape. And my management has served asa role model for some of my neighbors. It'stoo bad that some others have not followedmy exam pic; for instance, one of my neigh-bors-the owner of a real woodlot of 100acres-for very little compensation, alloweda logger to slick offthe timber' That neigh-bor is now trying to dump the land becausethere is no apparent future. They had pur-chased the land within the past decade for£80,000 and sold' the timber for $5,000.They are going to learn some hard econom-ics about land investment unless they finda really naive buyer. I may not qualify for480-a, but my property will yield morewood for the next several decades than that100 acre tract wi11.

Norm also takes an unfortunate shot atSIP. The Stewardship Incentive Program'sprimary purpose is not supporting a publicforestry agency. As someone who has corn-

NY FOREST OWNER

mitted my life to encouraging landownersto actively manage resources, I bristled atthat comment. My first inappropriate reac-tion would be to question the need for pro-fessors to teach foresters to sell practicesof questionable value to landowners. But Imust control my anger and respond on amore mature level. I see SIP as a catalystusing a wide array of cost shared practicesto attract landowners to learn more abouttheir resources. The most questioned SIPpractice has been recreational trails that donot have to be open to the public. I haveseen these trails give landowners access totheir properties thereby getting them deeperinto their properties than they have venturedbefore. Those trails have resulted in foreststand improvement, harvested firewood,and timber sales as a result of the increasedlandowner understanding of holistic man-agement. The concepts of which were de-veloped through the process of gaining aStewardship Management Plan tailored tothat owner's goals. Sorry, but I think Normis way off base with that cheap shot!

Norminfers that Section 480-a ofthe NYS Real Property Tax Lawfavors highgrading because of the

timber focus. DEe has not forced "state ofthe art forestry" because the compromisethat has been deemed politically acceptableis "sound forest management" - whateverthat is. DEe service foresters strive veryhard to draw a reasonable line with pre-scriptions and management requirements.Further, there is an effort to make 480-amore user-friendly by removing the man-dated work schedule and to expand goalsand qualifying acreage to include "foreststewardship acreage." These are recom-mended changes while still retaining over-sight prescriptions at the time of harvest toassure the public interest in granting a sig-nificant exemption. Historically, cheap landand low taxes have not led to widespreadgood forest management; however, with awell designed forest tax incentive, morelandowners can be encouraged to do a bet-ter job of managing their forests. As one ofthe people involved in the development of480-a, I can assure you our intent has neverbeen to encourage highgrading.

I favor incentives and education overregulation. This approach encourages bet-ter management than what would obtain bytargeting the minimum acceptable standard.I believe the DEe service forestry program

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serves the public interest well by offeringa source of unbiased information. I seeDEe working in partnership with NYFOAand other forest owner constituencies toencourage stewardship of resources. I don'tacknowledge highgrading norjustify its oc-currence. I will continue to encourage bet-ter management by speaking out about thereasons not to highgrade.

The issue that I have great difficulty inknowing how to address is the letter to theeditor from "Name Withheld" about con-sultant forestry. It relates to Norm's article.And the forestry profession is going to haveto look at itself in reflecting on our profes-sional ethic. The New York Society ofAmerican Foresters discussed ethics as amajor component of our annual meetingthis winter [see pages 10, 11 also 16.] Theforestry profession has some significantchallenges for the future. It appears that theNY FOREST OWNER and NYFOA maybe helpful to the process. .•.

Mike Greason is Newsletter Editor forNYFOA's Capital District Chapter.

Bruce E.Robinson,

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MAY/JUNE 1997 • 15

Will Private Forest Owners Have Any Cherry, Ash orOak To Cut In 100 Years? Does Anybody Care?

By Jerry Michael

NyFOREST OWNER readers arewell aware that, during the 20thcentury, New York State's forests

have increased from just 25%, to over 60%of the total land area. Furthermore, the valu-able cherry, ash and oak component ofthese regrown forests is considered to bean important global resource, bringing sig-nificant economic-return to the state. Whythen, are many people associated with theforest products industry apparently so un-concerned about the future of this resource?Let me share a "war story" with you.

I am a member of a hunting club whichowns 1500 acres of forested land in theCatskill Mountains. The parcel was pur-chased in the 1940's, and most of it hadbeen clear-cut in the 1920's to providewood for the acid and charcoal factoriesthat dotted the landscape in those days. Theclub retained its first consulting forester in1979, and has been covered by the provi-sions of the New York Forest Tax Law (Sec-tion 480a) since 1980. We have conducted12 timber harvests and numerous TSIprojects, all m,anaged by one of three con-sulting foresters, and approved and in-spected by DEC foresters. Numerous in-dustrial foresters have also inspected ourproperty during the course of bidding onour various harvests. Over a period of 15years, many of our members asked theseconsulting, government and industrial for-esters why there were no cherry or ash seed-lings or saplings on our property, whereasmature cherry and ash are a significant com-

ponent of our forest. We never received acomplete and accurate answer from any-one. Most of them just blamed the deer. Inthe meantime, they continued to mark ourtimber sales using the Selection system withrelatively light thinning to remove someculls and release some future crop trees.

Our frustrations increased over the yearsuntil 1994, when we requested a meetingwith a DEC regional forester. Once he un-derstood the extent of our concern he ex-plained, for the first time, the difference be-tween shade tolerant and shade intolerantspecies, and pointed out that we would haveto drastically change our harvesting andTSI methods, if we wanted to regenerate

In any case, the failure i8'discus's'ithe lorigterrp.cons~qtie~ces of thetypical selectioI1harV'e~twith t~e .forest owner is at best, .short-sighted.'

cherry and ash. Specifically, we would needto utilize Shelterwood or Group Selectionharvesting systems to provide the sunlightrequired by the shade intolerant cherry andash species.

In retrospect, as stewards of a sizeableforest resource, I suppose we should havedone our homework, joined NYFOAsooner, read some of the available publica-tions on basic silviculture, and taken ac-tion years ago. In our defense we were all

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busy pursuing other careers, and we en-trusted our forests in the care of profession-als. We continue to be puzzled as to whyso many professionals failed to address ourrather specific concern-especially whenit could have such profound impact on thevalue of our hardwood forests in the nextcentury.

Perhaps the forest community is so usedto dealing with public and small forestowner concerns about the short term aes-thetic impact of heavy cutting, that they justdon't bother to encourage it in appropriatecircumstances. Perhaps it is short termprofit incentive at work. Since Shelterwoodand Group Selection systems are labor-in-tensive, loggers may not be interested inbidding on such a sale unless they have agood market for firewood and/or pulpwood.The same rationale might apply to the con-sultants, whose commissions could also beimpacted by lower bids on 'such harvests.In any case, the failure to discuss the longterm consequences of the typical selectionharvest with the forest owner is at best,shortsighted. I would go so far as to call itmalpractice.

so what have we done since our be-lated enlightenment by the DEC?First, we decided to get a fresh start

by retaining a new consulting forester. Weinterviewed several candidates, and choseone who had experience with a variety ofharvesting systems, and with whom we feltwe could establish close rapport and goodcommunication. Our new consultant rec-ommended the Shelterwood system for our1994 and 1995 harvests, each of which cov-ered approximately 40 acres. We removed

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about 60% of the overs tory, leaving cherryand ash seed trees which will be harvestedin another 5 to 10 years. Thanks to the sun-light and a couple of rainy spring seasons,we already have a lot of regeneration inthese stands. The deer are browsing theseedlings in the open, but the heavy cut pro-duced lots of brush, and the seedlings com-ing up through the brush piles are alreadytwo to three feet tall. We have also built aneight foot high deer exclosure fence arounda one acre parcel within these stands, andwill be able to measure the actual impactof deer browsing by comparing the areaswithin and outside the fence.

Some of our members had reservationsabout the aesthetics of the Shelterwood sys-tem, as well as the impact on hunting ac-cessibility, so our 1997 harvest has beenmarked using the Group Selection system.This will result in many small clear-cuts,averaging 150 feet in diameter, with desir-able seed trees on the perimeter. We willsell the saw logs and pulpwood harvestedfrom the clear-cuts, and there should beplenty of brush left behind to discouragethe deer until the new cherry and ash growout of their reach. We will also harvest eco-nomically mature saw logs outside theboundaries of the clear-cuts as part of thissale.

Over time our club will have the op-portunity to see what works bestfor us, in our particular situation.

We are determined to do whatever it takesto ensure the health and diversity of ourforest, which we expect will maximize itseconomic return through the next century.

Readers interested in more informationon this subject need look no further thanthe January and May 1991 issues of the NYFOREST OWNER. Robert Demeree's ex-cellent two-part article entitled "Clear-cuts:Myths, Madness and Controversy" spellsout the problem and the various alternative

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solutions in great detail.Given the lack of awareness of this is-

sue among typical private forest owners, Iwould encourage NYFOA to republish theDemeree articles, or to offer reprints onrequest [contact the Editor.] I only wishthe information had been readily availableto us two decades ago.

I would like to close this article by re-stating a question and offering a challenge.Is a lack of adequate pulpwood!Chipboard/firewood markets the primary reason whythose in the forest products industry are notactively promoting harvesting systems thatencourage the regeneration of shadeintolerants? If so, shouldn't the state andindustry associations be working togetherto encourage the expansion of such mar-kets? Wouldn't such a strategy have boththe short term benefits Gobs, profits, taxrevenues) as well as helping ensure thatNew York's valuable hardwoods will con-tribute to the state's economy in the nextcentury? .A.

Jerry Michael is secretary of NYFOA'sSouthern Tier Chapter and a Master For-est Owner.

RON PEDERSEN APPOINTEDTO NATIONAL SFJSMFORUM

Ronald Pedersen, NYFOA Directorfrom the Capital District Chapter, has beenappointed to the National Forum on Sus-tainable Forestry. This group has been es-tablished by the American Forest and Pa-per Association (AF&PA) to further guidethe AF&PA's Sustainable ForestryInitiative.=' [See NY FOREST OWNER:35,2;17].

John Marchant, former Executive Direc-tor ofNYFO, was on the Forum during thedevelopment of the Sustainable ForestryInitiative; it is appropriate to choose a NY-FOA Director who is also a Certified TreeFarmer. There will be four or five land-owner representatives to the Forum sub-mitted for appointment by the AmericanTree Farm System.

The next meeting of the Forum and therepresentative loggers, landowners and for-est products industry will be in late June inSt. Louis, Misscuri, There are two meet-ings each year.

" ... our goal with the SFI is not only tocontinually improve how our member com-panies practice forestry, but also to broadenthe practice of sustainable forestry amongprivate non-industrial landowners and log-gers."-John Heissenbuttel, AF&PA

NYFOA SPECIALSThe following promotional items especially designed for

NYFOA may be obtained from Deborah Gill, AdministrativeSecretary; PO Box 180, Fairport, NY 14450; 1-800/836-3566or directly from and with support for your local chapter:

Shoulder Patches $2.00 50% Cotton T-Shirts $8.00Window Decals 0.50 100% Cotton T-Shirts 9.00Member Sign 2.00 Long-sleeved Shirts 13.00Pewter Lapel Pins 4.00 Sweatshirts 16.00

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Land has always fascinated me ...By Don Huber

There is a beauty and vitality to landwhich inspires the mind, fills theheart and stills the soul of man.

What we expect the land to do for us is acomplete list of the fundamental needs ofthe human being. It is not surprising thatthe need for land has been the source ofwar and hot debate.

Our basic dependance on land for ourlives and the current public discussion ofthe use of land has caused me to strugglewith the question: What are my responsi-bilities as a rural landowner?

When the opportunity to own land firstpresented itself to me, I was led almost ex-clusively by the heart. Land ownership hadbeen a life long dream sparked by weeksof tent camping as a boy and a long stand-ing love of trees and wildlife. I quicklyrealized this sixty-five acre rectangle ofland was much more than a dream to befulfilled and would require at least as muchknowledge as love to be owned responsi-bly. As I walked the property, which is prin-cipally a farm field left to return to woodsover the past sixty years, I was impressedby the opportunity, awed by the power mydecisions would have over the lives of theforest and its inhabitants and humbled bymy lack of knowledge. After a thoroughevaluation, I realized that this property wasa blank canvas on which I could paint myunderstanding of ecology, environment andcommunal responsibility. I formulated aplan of action that has three basic elements.

The first element is assessment. Whatdo I currently have available to me on theland? What wildlife do I see? What typesof trees do I have? What type of soil do Ihave and what will grow on it? How manyfood bearing plants and trees do I have andhow much do they produce? What animalsuse this food and hide and live in theseplants and trees? Are there water sources;creeks, springs, wet areas? What is the to-pography of the property? Is there junk onthe land, an old farm dump or a spot thathas been used as a dump while the prop-erty has been vacant? I carefully made arough map of the property showing signifi-cant stands of trees, water sources, brushyareas, meadows, etc. I then asked a localDepartment of Environmental Conserva-tion Forester to help me with the assess-ment. He was extremely helpful and hisservice was free. He took my ideas and

18 • NY FOREST OWNER

helped me understand what was possibleand what was not, given my resources. Healso helped me with a management planwhich is needed to become part of any gov-ernment cost sharing program.

The second element is education. If Iam to manage my property in a way thatwill be environmentally sound and respon-sible I needed to know more, much more.To this end I did three things that were ex-tremely beneficial. First, I joined the countyextension and met the various agents at thecounty extension, soil conservation and thefarm service agency. I received everythingfrom soil maps to aerial photographs. I havebeen back to these agencies many times.Then I joined the New York Forest Own-ers Association (NYFOA) and met a groupof individuals who had years of experiencedoing just what I hoped to do. The news-letter and state wide magazine they pub-lish are informative and practical but thebest part of belonging to NYFOA is thepeople. The members are genuinely inter-ested in helping others accomplish theirgoals with their property. They host regu-lar seminars and woodswalks that are edu-cational and fun. Seeing how a pond lookson someone else's property or knowingwhat a particular shrub looks like when fullgrown was very helpful to me when mak-ing decisions for my own land. Finally Itook a Cornell University Home Study Pro-gram called Woodland Management. Thisprogram helped me to understand how apiece of property lives and grows and howthe various elements interact. It also helpedme to understand the terminology used byforesters and biologists.

After completing the ge,neral assess-ment of the major features of myproperty, I was able to divide the

land into four basic compartments whichcould be managed individually to yield anenvironmentally diverse whole. I resolvedto use forest thinning and improvementtechniques on the area with the highestquality and oldest trees to yield saw timberin the future and firewood now. The areathat was brushy and grassy would be setaside for a pond and meadow. The area withthe best food producing trees and shrubswould be managed for wildlife by releas-ing the food bearing trees and shrubs, open-ing small meadows and building brushpiles. The fourth area was all pole sizedtrees. This area would be left alone to grow.

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Now,I could put the final elementof my plan into action, the work.First, about ten pickup trucks full

of tin cans, assorted trash, barbed wire andtires had to be removed and taken to thedump. Then, with the help of a forester, Iculled the less desirable trees from my sawtimber area. This has provided me withopen spaces to plant food producing hard-woods that were not present on the prop-erty; such as, Oak, Chestnut, Butternut, andWalnut. It has also released my Cherry,Sugar Maple, Red Maple and Ash trees togrow at a faster rate. The firewood has, asThoreau said, "warmed me twice". A fewof the cull trees had enough straight sec-tions to yield some lumber. I have releasedsome of the fruit trees and shrubs that wereovergrown and opened small areas in thewoods and pines for wildlife. My ruffedgrouse population has quadrupled; thereare more meadow birds singing; and wehave seen rabbits and fox where they havenever been before. A pond stocked withbass and perch and a three acre field plantedwith clover, timothy and birdsfoot trefoilnow grace the area that was once scrubbrush. The pond dike is planted with lathcoflat pea and we regularly see turkey anddeer. Of course, the elements of work, edu-cation and assessment are never completed.Each project that is undertaken requiresnew learning, changes the assessment ofwhat is available and opens new opportu-nities for work.

Watching others who are interested inviewing my canvas enjoy the property aswe learn the basics of land management isthe proof that the work is worth it. Know-ing that in the future my trees, after theyhave grown into harvestable timber, will beuseful and satisfy human needs gives methe desire to keep working.

For me this is the purpose of land own-ership: Toprovide for others the renewableresources that give quality to life, educat-ing the next generation about how woodsand fields, mouse and fox, water and soilinteract to create an ecosystem, allowingthe beauty of creation to shine into thedepths of our souls and bring us peace ..•.

Don Huber is Chairperson of the Allegh-eny Foothills Chapter and a Master ForestOwner (Class of '96).

MAY/JUNE 1997

NY'S PROPOSED ROUNDTABLE CONFERENCE-SOME SUGGESTIONS

By Henry S. Kernan

Morethan one year ago the Sev-enth American Forest Congressdispersed, having generated

much good will among participants andmany hopes for the visions and principleswith which the four-day meeting had con-cluded. Further action in each state wouldthen adapt them to local circumstances andcarry them forward.

Plans for such action are underway inNew York, starting with a wide rangingroundtable conference on our state's forestresources. The purpose is to encompassmany viewpoints and interests in definingissues and reaching a workable consensustoward their resolution. The task is daunt-ing. Our 18.5 million acre forest has manycomplexities, both social and biological.Moreover those who attend a conferenceon forest resources are sure to feel stronglyabout them. A gathering of several hundredmay lose coherence to the point of no morethan partially agreeing upon statements offact and hope. The Seventh American For-est Congress, itself, took the time and at-tention of several thousand members at acost of over a million dollars to conclude,among much similar, that soil productivityis a basic component of forest health, andthat natural resource issues should be re-solved by peaceful means.

To keep on track the proposed forestconference might well give first emphasisto the opportunities which the recent inven-tory of NY's forest resources has revealed.

Two years ago the US Forest Servicecompleted and published such an inventory.The roundtable can therewith proceed froma factual base of impressive proportions,detail and accuracy. New Yorkers can, onthe whole, take considerable satisfaction inwhat the inventory reveals. Forests are stillspreading over land no longer needed forfarming. Their trees are larger than a de-cade ago, and their volume has increasedby 32% since 1980. They are adding threetimes as much timber to their volume eachyear as is being removed. The adverse fac-tors of wind, fire, insects, fungi, theft andhigh-grading still do not add up to wide-spread and irreversible destruction.

Therefore those who will have gatheredat a forestry conference will not be there tohead off a crisis, and they will need not togive attention only, or even primarily, to

NY FOREST OW]\;ER

"hot spot" issues that embroil pocketbooksand emotions. They will be there becauseforest resources within the state are expand-ing, and what those forest resources canprovide in increasing quantities, water, tim-ber, beauty, wildlife, recreation and muchelse, are important to our affluent, mobileway of life. The inventory has revealed sev-eral silvicultural trends, be they problems,challenges, or opportunities.

: .. we have an imbalance of ageClasses whereby too few seedlingsand saplings are replacing the olderage classes ...

Forone, we have an imbalance of ageclasses whereby too few seedlingsand saplings are replacing the older

age classes that disappear through harvest-ing and natural causes. More forest standsare approaching and entering into the oldgrowth condition, with fewer seedlings andmore exposure to the hazards of wind, fire,insects and fungal attack. Logging as gen-erally practiced leaves an overstory of poorquality whose shade inhibits the survivalof thrifty seedlings.

For another. the composition of the NewYork forest is changing in ways that we caninfluence if we so choose. Red Maple isdisplacing sugar maple as the leading spe-cies in number and volume. Red oaks areholding their own, but white oak volume ison the decline. A functioning forest eco-system has a place for all species. Never

three times as much volume of wood onour timberlands alone (not counting theforest preserves) as we are taking out. Thatcircumstance suggests that we can increaselogging without depleting the resource, ifwe have need and choose to do so. The ra-tio also suggests that we can leave intactmore steep forested slopes, more and widerbuffer zones along streams; we can encour-age woodcock with poplar and with court-ship clearings; and we can retain foreststands for what they contribute to the land-scape, for the rarity of their species, for thesize of their trees, and the sheer beauty oftheir presence.

Fourth, the inventory indicates that ourforests have many trees and largevolumes of wood whose removal

can, to a significant degree, further the for-est values we may wish to promote. Over-stocked forests have disadvantages. Theyproduce less wood, less water, less mast,less browse on the forest floor. They pro-duce less light-demanding, high-quality ashand cherry, They are more subject towindthrow and, being in poor thrift, aremore subject to insect and fungal attack.New York has over four million acres ofsuch overstocked stands. Of over 2.4 bil-lion trees five inches or more in diameter.one-fifth are dead, cull, or of noncommer-cial species. Those quantities are enormous,enough to house our wildlife and to keepour home fires burning for many years tocome, even at nearly a million cords a year.

The above are only some of the oppor-tunities which the proposed forest confer-ence may choose to consider. .•••

Mapleis displacing sugarmaple asiheleadiiig. species 111

number arid volume.

theless we do have preferences and canmake choices, be they for baseball bats, forautumnal foliage, or rotting logs that shel-ter newts and salamanders. \Ve probablyprefer sugar over red maple and oak overbeech. and we do have the choice.

Third, we New Yorkers are growing

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Henry Kernan is a consulting forester inWorld Forest')', a Master Forest Owner anda regular contributor to the NY FORESTOWNER.

-- VOSS Signs'--Ocpt. NYF. Box 553. Manlfu!l. N.Y. 13104

Ph.. (3U5) 882.&118(Mon.·Fri. 9-51

MAY/JUNE 1997 • 19

THE ASIAN LONGHORN BEETLE-A POTENTIAL THREAT TO MAPLE

By Douglas C. Allen

Iwant to bring this particular insect tothe attention of forest owners, not tounduly alarm you, but rather to make

you aware of a potentially serious situation.This introduced pest was first observed inthe northeastern United States during Au-gust, 1996 in the Brooklyn area of NewYork City. Its potential as a serious treepest, however, extends far beyond the Cityand its environs.

Fig. J The Asian Longhorn Beetle.

WHY THE CONCERN?Three characteristics oftheAsian Long-

horn Beetle have alarmed scientists in thenortheast: maples (all species of Acer) ap-pear to be among its favored hosts; unlikemost woodborers of this type it readily at-tacks, and eventually may kill, what appearto be healthy trees; and, as is the case withmost introduced pests, the absence of ef-fective natural enemies combined with anabundance of susceptible trees and veryfavorable climatic conditions are prime in-gredients for a very high reproductive po-tential.

Maples are the most abundant trees inmany of our urban areas, and their removaland replacement can be costly. Similarly,sugar maple has an important ecologicaland economic position in many northeast-ern hardwood forests.

20 • .;Y FOREST OWNER

ORIGIN OF THE PROBLEMBrooklyn is a major port that receives

shipping from overseas. Available evidenceindicates that the beetle entered here inwooden dunnage (braces used to supportcargo) that accompanied steel pipe flangesimported from China. The wooden tim-bers used were made of poplar, a favoredhost for this insect in Asia.

THE INSECTAsian Longhorn Beetle, Anoplophora

glabripennis (an-know-plo-fora glay-bre-pen-iss), is native to northeast Asia and isespecially common throughout Korea, Ja-pan and southern regions of the PeoplesRepublic of China.

The adults are handsome insects 0.8 to1.3 inches long with conspicuous antennaethat exceed the length of the body. Theyare shiny black with distinct white spotsand each segment of the antenna is bandedwith black and white (Fig. 1).

Larvae (the immature stages that exca-vate galleries in wood) are white, fleshy,legless, distinctly segmented and approxi-mately two inches long when full grown(Fig. 2). The worm-like larval stages dif-fer mainly in size; very small when firstemerging from the egg and becoming pro-gressively larger with age.

DAMAGEThe first indication of attack is the ap-

pearance of oval to round bark wounds 0.4to 0.5 inches in diameter (Fig. 3). These

Fig. 2 Mature larva.

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are egg laying sites prepared by femalebeetles.

Larvae emerging from eggs placed in the

Fig. 3 Egg laying site (black arrow).

center of each circular opening bore intothe wood beneath. In doing so, eventuallythey produce conspicuous accumulationsof bright white frass (a mixture of woodchips and fecal matter) which commonlyappear at the base of the tree or adhere tobark on the upper surfaces of largebranches.

Heavily infested portions of a tree orbranch have loose bark, exposed sapwoodand conspicuous adult exit holes approxi-mately 0.4 inches in diameter (Fig. 4).

The first symptom of damage is the ap-pearance of dead and dying branches.Eventually, both sapwood and heartwoodof heavily infested trees are riddled withgalleries (Fig. 5) and infested branches andtree trunks may become very susceptibleto wind breakage. Beetle larvae are able toinvade the tree trunk at any location fromground level upwards, as well as branchesas small as 1.5 inches in diameter. Treesthat are attacked repeatedly for severalyears eventually die once the main stem isseverely damaged.

BIOLOGYTo the best of our knowledge, there is

only one generation each year. Adults areactive from mid-June until October. Lar-

MAY/JUNE 1997

Fig. 4 External signs of damage; loosebark, exposed sapwood and adult emer-gence holes (black arrow).

vae overwinter within the galleries andtransform into adults sometime during earlysummer.

We are uncertain about how farbeetles arc likely to disperse.However, circumstantial evi-

dence indicates that they probably moveonly short distances from the host tree. Wesuspect that New York's infestations be-came established sometime in the early1990s. The fact that the current known dis-tribution in New York is confined to tworelatively small areas indicates that thepopulation has spread slowly.

This wood borer is capable of attackingmore than 50 species of trees: includinzmaples, poplars, willows (these are the thre~most common hosts in China), black lo-cust, plum, pear, and horsechestnut. InNew York City, Norway maple, sugarmaple, boxelder maple, and silver mapleseem to be preferred.

CORRECTIONIn the last article, "Scale Insects With

a Hard Covering" [March/April/thereis a significant typographical error onp;20, secogd colurnn.Iine IO.t}spub-lish ed, the text 'indicates that winced'" ,male scales are different from mostwinged adultinsects8~cause the scalehas a single pair of legs. It should read-" Males ... of some species .;.have asingle pair of wings." .My apologies, I'should havecaughtthis!-----:--Edit()r

NY FOREST OWNER

CURRENT SITUATION IN NYThere are two known infested areas in

New York, the site in Brooklyn mentionedabove and a second area in the vicinity ofAmityville on Long Island. Shortly afterthe beetle was discovered in 1996, person-nel from several city, state and federal azen-

. '"cies combined forces to attack the problem.The U. S. Department of Agriculture, PlantPest Quarantine (PPQ) group within theAnimal and Plant Health Inspection Ser-vice (APHIS) and the City of New YorkParks and Recreation Department havebeen especially responsive by surveying theinfested areas and identifying trees thathave been attacked.

A Project Management Team was ap-pointed during the fall of 1996 to coordi-nate efforts aimed at containing the infes-tation and to organize surveys for beetleinfested trees. Also, a Science AdvisoryPanel was convened to evaluate what isknown about the beetle in Asia, to assessthe most current information regardingNew York's situation and, based on this, torecommend pest management strategiesand identify needed research.

Following much deliberation and reviewof available information, it was decidedthat the immediate removal and destructionof all trees known to be infested (a total of

approximately 900 in Brooklyn andAmityville combined) should be the firststep in an integrated approach to containthe problem. This work currently is un-derway at both sites and should be com-pleted before adult emergence bezins inI997. Plans are being fon;ulated t;inten-sify survey efforts this summer. Addition-ally, it was determined that research isneeded to more carefully document the bi-ology oftheAsian Longhorn Beetle in NewYork, to improve survey methods and todevelop direct control measures.

BE ON THE ALERTIf you notice unusual wood borer dam-

age to maples on your property or encoun-ter beetles resembling the one depicted inFig. 1, contact your local office of the De-partment of Environmental Conservationimmediately. .•.

This is the 32nd in the series of articlescontributed by D,: Allen, Professor of En-tomology at SUNY-ESFNYFOA has prepared: 1) a book of thesearticles suitable (digitized @600dpi; up-dated annually) for reproduction and dis-tribution by institutions and others ($25-mailed); 2) photocopies suitable for indi-vidual use ($6-mailed.) Contact the editor.

Fig. 5 Extensive damage to the interior of a large branch. The Gallery is 0.5" wide.

NYFOA - 1-800-836-3566 - INFO MAY/JUNE 1997 • 21

THE BIG GINKGOBy Jane Sorensen Lord, Phd, OTR, ND

Last fall I was walking on BeekmanPlace in New York City to see a pa-tient. Beekman Place is one of the

fanciest addresses in the City's Upper EastSide. So I was surprised to see a Chineseman swinging at the branches of one of thestreet's trees with a house broom.

The trees there have fancy plantings withwrought iron borders to keep dogs off. Theman had to contort himself in order to getsolid hits at the base of the branches ... quitean amusing and unusual sight.

Then I saw the Chinese lady scurryingaround the luxury cars parked near the curb.She gathered the fruits of the man's laborfrom the trunks and hoods of a Mercedesand Lexus as well as from the ground.

I looked up at the trees-all ginkgos. Sothey were harvesting ginkgo fruit!

I like ginkgos a lot. They are popularstreet trees and I had learned from a for-ester during my tenure on the NYS TreeFarm Committee that only the males werepreferred as street trees because the seeds

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produced by the females have a rank odorif left to rot.

I drove by a female ginkgo in Brooklynonce. She was laden with fruit that lookedlike white cherries. Several Chinese werecollecting from her, too; but I would haveassumed that Manhattan, let alone a ritzyneighborhood, would bar fertile females.

This time, on foot, I could slow downand really see what was going on. The treewas absolutely covered with fruit hangingbetween the fan shaped leaves. The ladyhad already two plastic shopping bags full,that I could see, and she hadn't made muchof a dent yet.

My curiosity overtook social protocoland I walked up to the couple.

"What are you going to do with them?"They didn't understand me. Then the

doorman stepped out of the entrance of thebuilding graced by the tree.

"They come every year. They don'tspeak English, much, but I've learned theycook them four hours and eat them."

"What part?""I don't know."

On a flyer, when I got home, I calledmy friend Ozzie who did a tour inVietnam, studies martial arts, still,

and spends a lot of time in Chinatown.More importantly, he also writes cookbooks and has an interest in unusual food.

He told me that the Chinese ate both thefruit and the seed. They use the juice toproduce "a complexion like fine porcelain."

I begged him to try to get a recipe. Hesaid he'd try, which he did, but couldn't.

The next morning I went back to the treewith a couple of freezer bags. I filled themwith the fruits which had dropped into thesmall tree garden. Close up they lookedlike Siamese twin cherries, two roundnickel sized fruits joined 'together, sharinga stem. They were fleshy and slightlywrinkled.

At home, I stuck one bag in the freezer,washed and emptied the other bag into asauce pan, covered the fruit with water andturned up the heat. When the pot started toboil, I lowered the flame and let them sim-mer for four hours. They smelled fruity butthe odor was not bad.

When the ginkgo fruits were done andcooled, I ate some. They were great! Ihadn't added sugar and they were naturally

NYFOA - 1-800-836-3566 - INFO

sweet enough. Their texture and taste wereremarkably like a cooked white cherry.They were fleshy and filling. But the seedswere softer than cherry seeds, with outsideshells that had cracked open. The taste ofthe round nut inside was sort of pistachio-like, and, I think, would have been betterroasted.

The juice was pinkish, quite attractive.I tried it on my face instead of my moistur-izing creme. It tingled and in a couple ofhours exfoliated. Most likely an alpha-hy-droxy, I decided, so I souped it up withNaPCA and glycerin to thin it, make it at-tract and hold moisture, as well as preserveit. I've been using it at night all winter. (Iuse oilier compounds with oils and bees-wax when I am out during the day.)

All in all, the female ginkgo was quite adiscovery! Fruit, nuts and beauty, naturally,in the middle of Manhattan.

About two weeks later, when I openedmy fridge one morning, a strange smellwafted out. The other ginkgo fruits hadturned in spite of freezing I No longer ed-ible, I decided immediately. But on visualinspection, they weren't rotten or mildewedso I decided the seeds were still viable. Ihad to triple bag them to stifle the smelland save them for spring planting.

I'll start them in beds, then plant themout in a few years. And. if I'rn lucky, whenI'm 75 or 80, I'll have my own ginkgo or-chard!

And I'll always cook the fruit before Ifreeze them. .A.

DI: Jane, a regular contributor; is a MasterForest Owner and Certified Tree Farmer:

She has a private consulting practice inOccupational Therapy and NaturopathicMedicine and teaches on the faculty ofHealth at Indianapolis University.

MAY/JUNE 1997

The MarketplaceATTENTION small woodlot owners/part time loggers - For FARMI winchesand VALBY chippers, write Hewitt's Hill Haven, Locke, NY 13092 or call (315)497-1266 (Before 8AM or after 6PM).

MEADOWVIEW NURSERY: QUALITY FIELDGROWN SEEDLINGSAND TRANSPLANTS for reforestation and establishing wildlife habitat.SPECIALIZING IN NUT TREE & WETLAND VARIETIES. P.O. Box 241,Byron, NY 14422 (716) 548-2207 FAX (716) 548-9014.

FOR SALE: 170 acres Allegany County; 80 acres pine and hardwoods; deer,turkey, grouse; call Henry Hansen, evenings (716) 334-3569; Good project forinterested woodsman.

WHITE OAK NURSERY: DECIDUOUS SEEDLINGS, TUBE GROWNSEEDLINGS, WHIPS TO 5 FT, B&B STOCK including most commercialhardwoods and premier native shade trees and ornamental shrubs of the East. Forreforestation, naturalizing and landscaping. 8456 Harpers Ferry Rd., Springwater,NY Livingston County 14560716/669-2960

WOODLOTIBUILDING LOTS: 43 acres in Ontario Co.; subdivision filed;survey done; frontage & separate ROWs; $56,000 (Lots negotiable); Informa-tion Packet; Dale Schaefer, 7065 Co. Rd., Springwater 14560; 716/367-2849.

NEED 25 white pine 35-50ft high, in ground, buyer to dig, load, & truck. Canbe loosely formed, first branch not over 8 ft, branches on 3sides, single stem;Tom Dilatush, 780 Rte 130, Robbinsville, NJ 08961-20b2; 609/585-8696

ADVERTISINGRATES

Per Insert:

Display: $210 - per fullpage or 30 col. in.; i.e.,$7 per col. in.

Marketplace: $10 mini-mum for 25 words or less,1Oceach additional word.

Contact: R.J. Fox, EditorRD 3, Box 88,Moravia, NY13118FaxiPhone/E-mail:(315)497-1078

richard_fox@ nyforest.edu

Circulation 1800.

LEAF ARTS1.1I1lightp ...es cross t1:l.e carpethanging limply from the porch rail,

and spring leaves on mobile stems

rid~~~~••§.~i~lewind in..limited flight,~tingt!i~~~}forms, qui'yjrring andfrailinto a tapestry of shadow.and light.

Neither bru.§hnor rieedl~ spawns this art,

mId it beCtI~~9"illus!rio~ii~amei:"o,oo.,..o"(that might challeng~·the appraising 0

but a study in dark and light fusion0" with quick design never t}vi~ethe same,

wind and

it quickly!:For now it fadesan

~W oltw~nt;It's forever gon .like.acoin spent.

-' Dt>rothy S. Darling

NY FOREST OWNER

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NYFOA - 1-800-836-3566 - INFO MAY/JUNE 1997· 23

RJ. Fox, EditorRD#3, Box 88Moravia, NY 13118FaxIPhone (315) 497-1078

richard _fox@nyforest.edu

NOTICETHE FOREST OWNER is mailed

third class and will not be forwarded;notify Administrative Secretary DebbieGill, PO Box 180, Fairport 14450 or call1/800/836/3566 with a change in ad-dress!

Lake GeorgeForestry

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induding:

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• Timber Trespass• Timber Sales• Appraisals• Deed Research• Timber Inventory• Watershed Management• Boundary Line Location• Tax Savings PlansNo property is too small or too large tobenefit from experienced professional as-sistance when you are faced with impor-tant decisions regarding its use.

Contact Lake George Forestry todayto arrange a free initial consultation.

Christian Gearwear, President

LAKE GEORGEFORESTRY, INC.

50 Hendrick StreetLake George, New York 12845

Tel: 518-668-26231-800-773-4611

Fax: 518-668-2486

24 • NY FOREST OWNER

Non-Profit Org.U.S. POSTAGE

PAIDMoravia, N.Y.

13118Permit No. 21

9709

DESB IE (;1l_LNEW YORK FOREST OWNERS ASSOC.PO SO)< 1BOFAIRPORT, NY 14450

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Incorporated 1955

Services Include:Timber InventoryTimber Appraisal

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WOODLOTCALENDAR

MAY 3: CDC; lOAM; Apple OrchardTour, Borden's; Greenwich; 5181753-4336.

MAY 7: WFL; 7:30PM; NY River OtterProject.

MAY 17: CNY; Woodswalk; Carl Stearn'sWoodlot; Erieville.

MAY 17: WFL;10AM; Al Craig'sWoodlot; Canadice.

MAY 17: THRIFT; Champion Paper MillTour; Deferiet.

JUN 14: CDC & SEA: FAMILY FOR-EST FAIR: Washington County Fair-grounds.

NYFOA - 1-800-836-3566 - INFO MAY/JUNE 1997