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No 3 New Yor" Forest Owner May - June 1979

The New York Forest Owner - Volume 17 Number 3

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May/June 1979 issue of the New York Forest Owner. Published by the New York Forest Owners Association; P.O. Box 541; Lima, NY 14485; (800)836-3566; www.nyfoa.org

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Page 1: The New York Forest Owner - Volume 17 Number 3

No 3 New Yor"

Forest Owner

May - June 1979

Page 2: The New York Forest Owner - Volume 17 Number 3

Page 2 New York Forest Owner

Vol. 17, #3

THENEW YORK FOREST OWNERS

ASSOCIATION

Recording SecretaryLewis DuMond9 Grand St.

Cobleskill, NY 12043

TreasurerEmiel Palmer

5822 S. Salina St.Syracuse, NY 13205

Membership SecretaryHelen Varian204 Varian Rd.

Peekskill, NY 10566

ANNUAL MEMBERSHIP DUES(Please underline choice)

Junior Member, (under 21) $1Regular Member $7FamilyMembership $12Contributing Member $12-$29Sustaining Member $30-$99Supporting Member $100-$499Sponsoring Member $500 and up(You may send your dues to Mrs. Varianwhose address is immediately above)

IN THIS ISSUEP. 3 President's Message

Consultant Forester'sAssociation Membership

P.4 Pres. Palmer Welcomes NYFOAP. 6 The Front CoverSpring Meeting

P. 5 Heiberg AwardP.6 "The Decade Ahead"P. 7 The Year of the Eberleys: "TimberTrespass"

P. 8 David Teets, ForesterP. 9 In the Mailbox, Editor Honored,

Publications you should know about.P. 10-11 ''Trees Are"P. 12 "Ask a Forester"

WELCOMEOUR NEW MEMBERS

Mart H. AllenBisby Lodge

Thendara, NY 13472

Donald Andrus4166 Hibbard Rd. R#lHorseheads, NY 14845

Jules D. BurgevinBox 268

Trumansburg, NY 14886

Ralph Campbell657 East Ave.

Rochester, NY 14603

John C. GivenRD#l, Box 111

S. New Berlin, NY 13843

Christopher GunnP.O. Box 541

Trumansburg, NY 14886

Peter MarksBailor Rd., R#l

Brooktondale, NY 14817

Robert M. Osgood125 Broad St.

New York, NY 10004

Nicholas T. Sbarra411 Kathleen DriveEndwell, NY 13760

FALL MEETINGTo be at the Adirondack Lodge in OldForge.Time and details later.

Published by theNEW YORK FOREST OWNERS

Association

Evelyn A. StockEditor

PresidentROBERT M. SANDOdessa, NY 14869

First Vice PresidentHOWARD O. WARD

240 Owego St.Candor, NY 13743

2nd Vice PresidentROBERT L. EDMONDS

R#3, Box 99Marathon, NY 13803

3rd Vice PresidentPROF. ROBERT R. MORROW

Dept. Natural ResourcesFernow Hall, Cornell Univ.

Ithaca, NY 13852

New DirectorsGordon L. Conklin

RD#2Trumansburg, NY 14886

Arthur R. EschnerSUNY College of ESFSyracuse, NY 13210

David P. Lum, Jr.R#l, Box 31

Lowville, NY 13367

Robert R. MorrowFernow Hall, Cornell Univ.

Ithaca, NY 13852

Mary McCartyRochester, NY 14628

Paul B. SteinfeldPleasantville, NY 10570

Page 3: The New York Forest Owner - Volume 17 Number 3

New York Forest Owner Page 3

The annual meeting at Syracuse on Satur-day, April 21st. was a success. The weatherwas absolutely perfect for travel-bright andwarm. Attendance was good. Our treasury issolvent. I believe all who came found the dayworthwhile.

Any meeting of this size requires a lot ofeffort by a number of people to bring it offsmoothly. No single person could do it aloneas well. To all who were a part of the plan-ning the publicity, the many details to.

PRESIDENT'S MESSAGE

check and follow through on, and the pro-gram, we are indebted. N.Y.F.O.A. is in-deed fortunate to have so many able andwilling people help execute a really full dayof details. Thank you one and all.

It is encouraging that we've gained nearly75 new N.Y.F.O.A. members during the lastyear. I am positive that we can continue thispositive growth for years to come, hopingthat one day we can have 15,000 forestowners in our membership. It is possible.

The New York State Institute of Con-sulting Foresters, Inc. provided us with afirst-rate program at the annual meeting. Thepanel, headed by Curtis H. Bauer, Pres. ofForecon, Inc. with main offices atJamestown, N.Y. introduced us to the roleof the Institute. He then introduced the fouradditional members of this panel. Donald E.Peterson, Pres. of Adirondack Forestry, Inc.with his office located at Wilmington, N. Y. ,Michael N. Steigerwalt of the Forecon,Inc. Cortland, N.Y. office, William H. Hall,Pres. of Timber Services Inc. from Hancock,N.Y. and David R. Teets, Consultant

Forester located at Ghent, N.Y. Each pro-vided an insight to their roles associated withforest management and the service they canprovide. Dave's edited and condensedpresentation is scheduled to appear in thisissue of the Forest Owner. Also, a Directoryof the Institute Membership is planned forthis issue.

To each of these gentlemen, we expressagain our appreciation for being willing andable to come to Syracuse for our daytogether.

I wish to acknowledge the vote of con-fidence the Board of Directors gave me in re-electing me your President for one moreterm. The entire Board and its officers willwork to make 1979 another year of successfor N.Y.F.O.A.

)'

,

cu<l2..•..

,.

FJRMNAMEAdirondack Foreetry, Inc.

Membership Directory of: New York State Institute of Consulting Foresters, Inc.Prepared for the membership of the New York Forest Owners Assoc. April 21, 1979

PHONE518-946-2277Don Peterson

PRINCIPAL ADDRESS

Forecon, Inc. Curtis H. Bauer

Box 116Wilmington, NY 12997Crown Bldg.100 E. 2nd. StreetJamestown, NY 147015 Genesee StreetAvon, NY 14414413 Cortland Savings Bank Bldg.Cortland, NY 13045229 State StreetLowville, NY 13367

Michael Steigerwalt

Vincent P. Chebetar, Jr.

Richard G. Pancoe

716-664-5602

716-226-8330

607-753-3113

315-376-7758

914-386-1055De Woodlanda Company Jerry Cebelli

607-637-2520Timber Servlcea, Inc. William H. Hall

Bruce M. Edwards

518-758-7109William Hoh••ann Consultant Forester

607-756-5956A. W. Roben., Jr. Consulting Forester

518-392-3644David R. Teet. Forestry Consultant

315-696-8002John H. DoriDgton

12 Elm Road, RD #1Middletown, NY 10940118 West Main StreetHancock, NY 13783P.O. Box 139Kinderhook, NY 12106R.F.D. #3Cortland, NY 13045P.O. Box 75Ghent, NY 12075R.D. #2 Skyhigh RoadTully, NY 13159

M.R. Zi•••• er '" Anoelatee Mark R. Zimmer

717-253-4321Twin Tl~ Conauldns Foreetera C. Newton Gowdy

James L. PrunoskeRichard L. Willson

Jack J. Kamis Consulting Forester

317 10th StreetP.O. Box 112Honesdale, PA 18431P.O. Box 446Bath, NY 14810

Box 483, Continental RoadCornwall, NY 12518 914-534-7502

Continued

Page 4: The New York Forest Owner - Volume 17 Number 3

New York Forest Owner

Dr. Edward E. Palmer, president of SUNYCollege of Environmental Science andForestry, welcomes the NYFOA to thecollege for the annual spring meeting,held in Marshall Hall, April 21.

Although it is commonly believed that amajor deficiency in the way our societyoperates is due to the lack of recognition bylay people of a great need for those who aretechnically skilled and what contribution theymay be able to make to lay activities andtechnical skills. I believe the major deficiencylies in the inability of technically skilled peo-ple to recognize their great need forunderstanding and cooperation on the partof lay persons.

In activities of lay forest owners, such asmost of you are here there is a great deai ofpoetry - and all of us know that whilepoetry is not accurate it is often true. Scienceon the other hand, is most of the time ac-curate, though not true. The New YorkForest Owner's Association and its relation-ship to the scientific community of the col-lege combines beautifully the truth of poetryand the accuracy of science.

NYFOA ANNUALSPRING MEETINGThe Spring meeting at Syracuse on

April 21 was blessed with wonderfulweather. It was almost too nice to spendindoors, but there were compensationsfor those who attended. The welcomingremarks by Dr. Edward E. Palmer,President of SUNY College of En-vironmental Science and Forestry werenot a mere formality. He touched lightlyon profound concepts related to thepoetic and scientific features ofwoodland ownership, noting thatpoetry was true but not accurate, whilescience was accurate but not true. Theannual business meeting moved quicklyinto a session of committee reports andmembership approval of the 1979-'80budget. Prof. Allen F. Horn, the firstformal program speaker, distinguishedbetween popular notions of timbertrespass and the legal realities. This wasfollowed with a forthright talk presentedby Daniel W. Weller, Principal Foresterat Albany with the NYS Dept. of En-vironmental Conservation, Bureau ofForest Resource Management. Heoutlined the goal of the D.E. C. torealize from managed State Forest land,annual income of a million dollars. Heexpressed no desire by D.E.C. or itsforesters who provide the services toforest owners to have conflict withprivate consulting foresters.

Following a buffet luncheon,highlights included the introduction ofMrs. Svend O. Heiberg, then theHeiberg Award presentation to Fred C.Simmons, of Old Forge, and the NewYork Forest Owners Award to Ruth and

Kenneth L. Eberley of Whitesboro,N .Y. for years of outstanding service toNYFOAIt was announced that Kenhas been chosen for the N. Y . TreeFarmer of the Year Award.

The afternoon program waspresented by a panel from the N.Y.S.Institute of Consulting Foresters. In-dividually, four members described andillustrated a wide range of professionalservices, tailored to a forest owner's in-dividual objectives. Consultants mayoften best satisfy an immediate need forincome, but they also work developinglong-range management plans in-cluding forest road and skid trail loca-tion, improvement of wildlife habitat,design and build ponds, all to enhancemaximum site use. Consultants offerexpertise in marketing, estate planning,tax problems and provide forest ownerswith practical advice from many.disciplines.

The program as a whole was tightlyplanned. One morning speaker wouldhave allowed time for more informal ex-changes of information. Perhaps aspecific time slot, next year, could bedevoted to a workshop or small round-table discussion. This reviewer, travel-ing from Westchester County, foundthe meeting rewarding and expects touse information gathered that balmyday. I even managed to visit quickly theTri-State forestry schools from NewYork, Pennsylvania, West VirginiaWoodsmen's Field day competitionsheld nearby during our meeting.

By Paul Steinfeld

Consulting Foresters - continued

David T. Mance, Jr., Consultant

518-826-3794

Richard Bell, ConsultantMarvin G. Clinch, II, Consultant

673 Panorama Trail West, Rochester, NY 14625

64 Murray Avenue, Goshen, NY 10924

5404 Foster St., Durhamville, NY 13054Robert A. Jordan, Consultant RD #2, Box 416A, Sinclairville, NY 14782

R. Bamber Marshall, ConsultantWilliam N. Roe, Consultant

376 Park Avenue, New York, NY 100215 Grand Street, Warwick, NY 20990

Edwin R. Shaffer, Consultant Indian Trail Road, North Blenheim, NY 12131John W. Stock, ConsultantKenneth L. Williams, Consultant

Country Club Road, Tupper Lake, NY 12986

P.O. Box 47, Chappaqua, NY 10514RD #3, Box 92, Cooperstown, NY 13326

Thomas H. Gaman, ConsultantFrancis D. Hunter, Consultant Black Lake Road, White Lake, NY 12786Joseph S. Szumski, Consultant Black Lake Road, White Lake, NY 12786All Institute members are graduate foresters. hold membership In the Society oj American Foresters, and have expertise specially oriented to forest management. As professionals, their servicu Includeskills neceBSory to achieve Increased productivity. appraisal and marketing o8llistance, and sound advise on a free basis.

Page 5: The New York Forest Owner - Volume 17 Number 3

New York Forest Owner Page 5

Career Forester WinsHeiberg Award

Hardy Shirley announces that the Heiberg Award winner is Fred C. Simmons of OldForge. From left to right, Prof. Robert Morrow and Mrs. Morrow of Cornell University,Mr. and Mrs. Simmons, Hardy Shirley, Mrs. Shirley, Mrs. Svend Heiberg, Mrs. BobSand, Mr. and Mrs. Gordon Conklin, Bob Edmonds, Ken Eberley and Evelyn Stock,NYFOA Directors.

A career forester who has worked inthe field of logging and timber process-ing for more than four decades has beenpresented the Heiberg Memorial Awardby the New York Forest OwnersAssociation. Fred C. Simmons of OldForge, N. Y., received the award at theAssociation's annual meeting on Satur-day, April 21, 1979, at the StateUniversity of New York College of En-vironmental Science and Forestry,(ESF) , in Syracuse.

Simmons recently retired as senioreditor of the Northern Logger andTimber Processor, and executivesecretary of the Northern Loggers'Association. Prior to that assignment,however, he spent 30 years with theUSDA-Forest Service working in theNortheast. During that time he authoredthe Northeastern Logger's Handbook, apractical volume in constant demandsince 1951. More than 70,000 copies

have been printed in the U.S. asAgricultural Handbook Number 7. Per-mission has been granted to publish it innine foreign countries. Simmons alsoworked for the United Nations Foodand Agriculture Organization in Chilebefore assuming the editorship of thelogging journal. During this period themagazine prospered, and its logging ex-hibit hall was developed. Some 70,000visitors have passed through.

A native of Waverly, NY Simmons isan alumnus of Cornell and Yale Univer-sitites.

The Heiberg Award honors personsof outstanding achievement in the fieldof forestry in New York State, and isnamed for the late Svend Heiberg, aForestry College faculty member andone of the founders of the New YorkForest Owners Association.

Photo by George Snyder

Hardy Shirley congratulate~ Heiberg Award winner Fred C. Simmons. From left, BobSand, NYFOA President, Mr. & Mrs. Simmons, Shirley and Mrs. Shirley.

Page 6: The New York Forest Owner - Volume 17 Number 3

Page 6 New York Forest Owner

The Decade Ahead - The Changing Scope of DECForest Management Services Provided Under

The Forest P.A.

THE DECADE AHEAD ...

First, I would like to thank you for theopportunity to speak at this meeting.We have common goals and this is anopportunity to share our concerns anddreams, and hopefully join together toachieve good management of NewYork State's 12,000,000 acres ofprivately owned forests.

We in D.E.C. have been undergoingthe convulsions of reorganization forsome time now. I believe the convul-sions have about stopped. This canmean one of two things: impendingdeath or impending health. This time itis impending health.

Let me take a few minutes to describewhat I do and how my Bureau of ForestResource Management fits in.

The State Forester for New York isNorm VanValkenburgh. I report toNorm. My bureau has program respon-sibility for:

1. State ForestsManagementSalesAccessRecreationPublic Use

2. Saratoga Tree Nursery5-6 Million Seedlings/Year

3. Tree Improvement4. County Forestry5. Forest Insect and Disease

ControlGypsy MothBeech ScaleForest Tent CaterpillarSaddled ProminentEtc.

6. Tree Farm Cooperation7. FIP & ACP8. Watershed Projects9. 480-A Forest Tax Law

10. Urban & Community Forestry11. Endangered Plants12. 208 as it Relates to Forestry

By Dan Weller Principal ForesterDept. of Environmental Conservation, Albany

13. Forest Practice Board14. Forest Practice ActTo carry out these programs out in

the field we have 61 foresters and 36technicians. My goal is to appropriatelybalance the emphasis placed on thesevarious programs. The 12,000,000acres of private forest land should ap-propriately receive major emphasis.

How can we impact these acres mosteffectively with our service foresters?

Several avenues are open to us andthe ones I will describe are the routes wewill be following.

1. Coalition of Forestry InterestsForest Owners AssociationForest Practice BoardsEmpire State Forest ProductsSOciety of American ForestersThe List Goes On.

I'm not talking about a formal coali-tion right now, but communication isessential.

2. Forestry interests should have in-put into the development of DECForestry Programs. "Public involve-ment," if you will. In this regard, we aredeveloping a public involvement ap-proach in the development of manage-ment plans for state forest areas.

3. Cooperating Consultant ForesterProgram

We are formalizing our relationshipwith consultant foresters and our refer-ral policy is being re-examined.

My goal is to develop a full partner-ship with consultants in the manage-ment of forest resources.

4. Urban ForestryI feel that through an active Urban

Forestry Program, we can help urbanresidents with the management of theirvegetation, and educate them concern-ing what's happening in the rural forestsand why management is essential. Themajority of people live in urban areas,they pass cutting ordinances, woodlotowners don't.

5. Increase and strengthen our rela-

tionship with cooperative extension.Education is essential if forest manage-ment is to continue and increase. Exten-sion is responsible for education. I lookforward to a closer relationship.

6. Finally, we must continuallyreassess the role of the service forester.We must constantly reaffirm our direc-tion and change if change is needed.Public involvement is an essential ele-ment of this reassessment process.

I would like to conclude with a fewaccomplishment figures for 1978.

Under 480-A, 57 properties havebeen certified for a total of 25,757acres.5786 landowners were providedservice on 366,520 acres.716 sawtimber jobs were markedon 12,074 acres for a volume of34,755,000 bd. ft. (average job17 acres).259 Landowners were referred toconsultants for an acreage of96,656. This figure should jumpnext year.

Thank you. Are there any questions?

Front CoverR. Norman Matheny, who

photographed the lovely scene on ourfront cover this month is staffphotographer for the ChristianScience Monitor.Mr. Matheny, in granting permis-

sion to use the photograph addedthat "you might be pleased to hearthe photograph placed in the WhiteHouse Photographer's Associationconies, and is currently on exhibit atthe Library of Congress inWashington, D.C."

Page 7: The New York Forest Owner - Volume 17 Number 3

New York Forest Owner

Bob Edmonds congratulates Ken and Ruth Eberley for having been chosen to receive theNew York Forest Owner of the Year award.

Photo by George Snyder

TIMBER TRESPASSby Dr. Allan F. Horn

The definition of Timber Trespass is sellingor removing timber from the lands of anotherperson without a legal right.

There are several reasons for this oc-curance. Sometimes the seller does notknow the true location of his boundary.Sometimes the seller gives a vague ormisleading description to the buyer. A welldrafted sale contract will have provisions forboundary description and seller's warranty oftitle to the timber sold. In one case the sellertold the buyer to cut to the fence and thebuyer took it to mean a fence further over,and someone else's timber was cut.

Sometimes a Utility company fails tonegotiate an easement and the trees in ques-tion are outside the row boundary.

Then there are times when there is no ex-cuse, just willful and wanton disregard forthe owner's rights.

This type of trespass might be christmastrees stolen. Evergreens in your front yardmight be taken for this purpose. Also treeswith high stumpage value.

The law says that if any person cuts downor carries off any wood or timber or other-wise despoils a tree on the land of anotherwith out the permission of the owner he maystate in his complaint the amount of hisdamages and demand judgment for three

times the sum so stated. Where upon if theverdict awards him any damage he is entitledto 3 times the sum awarded except only ifthe verdict finds that the injury was casual orinvoluntary or that there was probable causeto believe that the land was his own. Thethird was if the timber was taken for makingor repairing a public road or bridge.PENAL LAW

A person is guilty of trespass when heknowingly enters or remains in or uponpremises (definition includes real estate).Crime in the 4th degree offence

Knowingly entering or remaining uponreal property which is fenced or otherwiseenclosed in a manner designed to excludeintruders is a 3rd degree offence.

The Environmental Conservation Law hasbeen interpreted by the DEC. They will en-force it with their conservation officers onlyin instances of hunting and fishing.

The above two laws provide for .sanctionsagainst the trespasser but not damages tothe landowner.

There is a common law Action forTrespass which recognizes the owner's pro-perty right and provides for nominaldamages if the right is violated even if thereare no actual damages.

The owner can institute an action for

Page 7

Big Year ForThe EberleysThe second annual "Forest Owner of

the Year" award was given at the springmeeting to Ken and Ruth Eberley forthe more than generous use of theirtime, money and talents in promotingthe Forest Owner Association, and itsmembership.

Ken just recently learned that he hasalso been chosen Outstanding TreeFarmer of the Year by the AmericanTree Farm System. Ken says life beginsat 72 not 40.

damages or equity action for injunctionand/ or damages if he can prove 1. that he isthe owner, in possession or has legal rights toimmediate possession, has the right to rever-sion, or remainder coupled with an injuryto the inheritance at the time of trespass. 2.There will need to be a description of theland trespassed upon. 3. What are the factsshowing the acts of trespass. 4. Also the factsshowing damages resulting from trespass.

DAMAGESWhat is the value of the trees (as stum-

page) 2. What injury was done to the land.The value before and after the trespass

would be used if the timber in question had ahigher value for another purpose e.g. or-namental or aesthetic. A case of this kindhappened when a developer bought a pieceof wooded land to build a community on.He planned to use the trees to shade a picnicground, as well as shade for lawns etc.

3. Loss of future hunting, or anticipated'tree growth is no cause for action. It beingconsidered too speculative.

Proof of ownership should present no dif-ficulty unless the ownership is in dispute. Incase of adverse possession a jury would haveto decide.

PROVING TRESPASS can be done bywitness or admission.DAMAGES

The service of a competent professional iswell worth getting. They can bring out pointsthat the judge or other lay persons would notnecessarily know about.

Estimating Volume - if the tops have notbeen moved they can be measured to obtainthe taper of the logs and obtain a fairly ac-curate description of the tree as a whole.

By measuring the stump and observingtrees in the immediate area and obtaining thevolume from those trees. It is less accuratebut is accepted by the court.

Continued on page 11

Page 8: The New York Forest Owner - Volume 17 Number 3

Page 8 New York Forest Owner

By the year 2020 the demand forwood products will double. That is onlyforty years in the future. The New YorkForest Owners Association must cer-tainly look upon this rapid growth in de-mand as a challenge.

Paul Bunyan had his place in theearlier days of logging, totally harvestinghuge acreages with one swing of hismighty axe and hauling the timber offwith "Babe", the famous blue ox, butsuch methods are unacceptable todayfor many forest owners. A better way isto manage this important resource. As aprofessional consultant forester, I feel astrong responsibility to encourageclients to use good management prac-tices.

We manage forestland in a way thattoday's timber is harvested, using con-servation measures to assure future cutsfrom the land in a decade or two. Thisat a fair profit to the forest owner. Thefive county area surrounding my head-quarters is compromised of about967,000 acres of so-called commercialforest land. I work for some clientsbeyond those geographical boundaries.In this area there are perhaps twentysawmills, with an additional twenty-fiveor more mills buying logs for shipmentoutside this territory. We have 114timber harvesters.

It is interesting to note the effect onforest management practices that canresult from a professional's input. Notlong ago it was like pulling teeth to con-vince some loggers to follow desiredconservation practices. Many habituallycut and left the mess, taking the bestand leaving the less. This was wasteful.

Today, better management is coupl-ed to a strong timber demand. Thequality of work now done by most log-ging practices.

The consultant should not be con-sidered as expense, but as added valuethat includes his woods-wise supervi-sion. I get involved in boundary linework of forest management areas, butin no way is my activity meant to

David R. TeetsConsultantForester

replace the licensed surveyor. Appraisalalso is now becoming important due toincreased activity in rural real property.

The economic impact of the forestproducts industry is considerable for myservice area. Generally speaking, farm-ing is our largest industry. Each yearsome farms are purchased by citydwellers to be used as "second homes,"and resulting in adding acres primarilyfor recreation. This mix of farms andrecreation land creates a unique situa-tion, with some open land rented forcrop production and considerableacreage being allowed to revert towoodland and in time will help us meetadded demand for timber products.

I would like to tell you about our func-tion as a consultant. Much time is spenton Timber Marking and Marketing.There is brisk activity in timber sales,and during the past three years we ex-perienced a 400 % increase in theaverage stumpage value. Part is due toinflation, but harvesting costs includinglabor, fuel and equipment have not in-creased as much as stumpage.

I also act as an agent for the land-owner. This generally includes bothestimating and marking, lay-out of log-ging roads, mailing a prospectus tobuyers, showing the sale, advise orlocate markets, and accept bids for thesale. I then must develop a workablecontract and supervise the harvesting to

see that contract compliance is satisfac-tory.Today's value of real estate includesboth the timber and the land. Hightimber prices are responsible. I providethe landowner with a report of timbervolume by each specie, and a timbervalue based on local markets. Ap-praisals are prepared in a similar way fortimber trespass and stand damage.

As consultant foresters we do relatedforestry work, such as timber stand im-provement, thinning, land use plan-ning, and tax assistance. Another ser-vice is a Timber Management Plan re-quired by the forest tax law "480A."This represents a great potential for in-creasing the availability of present andfuture timber. Under present law, aManagement Plan is developed to pro-vide the land owner with silviculturerecommendations to meet good forestryobjectives. There are disturbing signsthat the law may be changed to thedisadvantage of the forest landowner.

For the first filing period, only 15,000acres in all of New York State havebeen placed with management plansunder this law. This low figure is due tothe close proximity of implementationof the law and the filing deadline.

An increasing number of land ownershave expressed interest in setting upmanagement plans. The law may bechanged. I have been advised that theState Board of Equalization and Assess-ment may set valuation via a uniformformula, yet unannounced, for alltimber producing land. Unfortunately,any Township will have the right torefuse the benefits of 480A, to the landowner. This appears as a strange actionby the Bureaucracy, as the original pur-pose of this law was to increase thefuture availability of our very valuablenatural resource.

New York forest owners control thefuture of a most valuable renewableresource and with each year we will findtimber of greater importance tomankind. How this resource is taxedwill determine it's management and it'sfuture availability. It is both a challengeand a responsibility.

Page 9: The New York Forest Owner - Volume 17 Number 3

New York Forest Owner Page 9

NYFOAHonored

Director

Despite the 1976 reforms, the Federalestate tax law can still jeopardize the securityof the family farm. What can farmers do tocope with estate taxes?

To help farmers with estate planning, theSuffolk County National Bank is makingavailable a new bulletin entitled ProtectingYour Land from the Federal Estate Tax. This11-page bulletin explains how the 1976 lawaffects farmers; what types of properties aresubject to taxation; what special valuationproblems apply to farmers; and what farmerscan do to overcome the threat of estatetaxes. It also talks about reducing the estate'scash requirements and raising funds to coverthe tax levy. Finally, the booklet urgesfarmers to "plan NOW for the future of yourbusiness," citing installment sales, long-termleases, buy-sell agreements, and bequests inwills as methods which should be con-sidered.

For your copy of this informative booklet,contact Joe Gibbons at the Suffolk CountyNational Bank, 6 West Second Street,Riverhead, NY 11901, phone 727-2700. -David Newton, Land Use Specialist.From: Suffolk Co. Agric. News

March 1979 - Vol. LXIII, No.3Page 8

American Agriculturist editor GordonConklin was presented an OutstandingAgriculturist Award at the annual meeting ofthe Empire State Council of AgriculturalOrganizations held late in 1978. Entitled"Master Editor," the citation read in part,"We, the farm and agribusiness leaders ofNew York State salute you for your influencein the development of more efficient farmfamily businesses in the Northeast. We com-mend you for your interest and clear insightinto your fellow men-their problems andfrustrations and hopes for a betterlife-through your wide contacts and ac-quaintanceship in the agricultural communi-ty."

The publication's association with theCouncil has roots going all the way back to1919 when then-editor E.R. Eastman calledtogether farm leaders to form the New YorkState Conference Board of Farm Organiza-tions. The Conference Board joined theNew York State Agricultural Businessmen'sCouncil on February 20, 1970 to form theCouncil of Agricultural Organizations. -Albert Hoefer, Jr. - American Agriculturist

Estate PlanningBooklet Available

Almost Everything You AlwaysWanted To Know About Loggers -

And Were Afraid To AskThe College of Environmental Science and Forestry has recently published a report which

summarizes information provided by 387 active New York loggers. The report summarizes thesocial, economic, working arrangements, equipment and production aspects and problemsreported by the respondents to questionnaires mailed in January and February 1978.

New York's loggers are a remarkable diverse group of business people including asubstantial number of college graduates, many small and part-time operators and a lot of fami-ly businesses. About half of the responding loggers reported earnings less than $20,000. in1977 from selling wood, although the average of the 306 loggers who provided this informa-tion was $40,100.

Of particular interest to landowners will be their assessment of problems they encounterand their perception of landowner concerns (See Table).

You can obtain a free copy of the report by requesting a copy (Profile of New York Log-gers by D. Monteith and D. Taber, AFRI Research Report No. 38) from:

Applied Forestry Research InstituteSUNY College of E. S. and ForestrySyracuse, New York 13210

IN THE MAILBOX ..._.. letters posted, pilfered

or passed along.

My two sons and I enjoy reading theForest Owner so please let me knowwhen my membership runs out as Idon't want to miss a single issue.

S. KutneyBinghamton

Enjoyed our last Forest OwnerMagazine very much. The picture onthe front cover had a comment aboutour farm.In the middle 30's under the direc-

tion of Prof. Josh Cope we set out afive acre hard wood plantation. Ithink it has been thinned out twiceunder out "TSr program. Think it theonly hardwood plantation in Onon-daga County and doubt if there aremany such private ones in the state.Anyone interested is very welcome

to visit the area.Hoyt S. AcklesRose Hill Road

RD #1 Marietta, NY

Dear Mr. Eberley:It is a pleasure to inform you that you

have been chosen as the OutstandingTree Farmer in New York State for1979.The forest management of your lands

in Otsego and Oneida Counties ex-emplifies what good forestry practicescan accomplish in New York State.

The wood-using industries within theState are very appreciative of land-owners, such as yourself, who do an ex-cellent job of managing their lands andwould like to honor you at the EmpireState Forest Products Association's Spr-ing Meeting - tentatively scheduled forMay 31st in Albany. Also we would liketo award you with a McCulloch chain-saw at the Boonville Woodsmen's FieldDays festivities in August.

Someone will be contacting youregarding further details. We arehopeful that you will be able to attendthese affairs as our guest.

Once again, congratulations on yourselection as 1979 Outstanding TreeFarmer!

Sincerely,

Patrick S. A. FloodChairman

New York State Committee ofAmerican Tree Farm System

DUESAn ammendment is being preparedfor the members to vote on at the fallmeeting.

Page 10: The New York Forest Owner - Volume 17 Number 3

Page 10

TREES ARE.A tree, seen through human eyes, is most

often a thing of beauty. If "beauty is as beau-ty does," then Mother Nature also sees thetree as a work of art, for the role it plays inlife's drama is a vital one.

From a meteorological standpoint, treesare environmental wonder workers: Treesgive shade from the sun and temper the airon hot days... Trees offer warmth atnight. .. Trees block winds. .. Trees arenatural snow fences. . . And trees play um-brella in offering protection, with some hid-den drawbacks, from sudden showers.

To understand these wonders, we needonly examine natural processes.

TREES ARE ...The earth is like a complex machine that

needs fuel to operate. It gets its fuel asenergy from the sun. Every 24 hours, thesun showers the earth with heat energyequal to 500 billion tons of burningcoal. About 30 percent of this solar energy isreflected or radiated back into space as soonas it touches the earth's denser atmosphere.The atmosphere absorbs another 20 percentbefore the majority, 50 percent, reaches theearth's land, water and plant surfaces.

The solar energy that is absorbed generallyequals the heat lost through longwave radia-tion. In longwave radiation, heat spreadsoutward much like it does from a hot stoveor radiator. Eventually, the longwave radia-tion released to space must equal theamount of solar energy absorbed if globaltemperatures are to remain the same. Thisphenomenon is called the energy balance orthe energy exchange.

The rate at which the earth stores,transports, converts and spends solar energycontrols our climate. Trees play an importantpart in setting the rate at which energy is ex-changed. Their exact influence depends onheight, volume and density.

A grove of trees viewed from above lookslike a leafy, green canopy. The topmostfoliage in the canopy absorbs about 90 per-cent of the solar energy received by thegrove. This energy raises the temperature ofthe foliage. The canopy in turn begins torelease radiated and convected heat.Radiated heat is what reaches you at the sideof a fire, whereas most convected heattravels upward. When energy from the sun

meets the force of this upward and outwardmovement, it is diverted, and a cool, shadygrove is the result.

TREES ARE ...

According to Forest Service researchmeteorologists, trees do a better job ofreducing the temperature than a tent or um-brella would do in the same area. A tree hasthe special ability of transpiration, aided byan immense depth of foliage that offers 5 to7 times more surface area than a comparablepiece of canvas.

In transpiration, the tree draws moisturefrom the soil into its roots and moves it to the'leaves, where it is evaporated. Much energyis used in the process, since about 580calories of heat are lost with each gram ofwater. For an idea of the energy involved,consider that less than one-fifth of these 580calories would be enough to bring a gram offreezing water to the boiling point. A calorieis the energy needed to raise thetemperature of 1 gram of water 1 degreecentigrade.

Through transpiration and evaporation,the tree is able to remove the potential heatload from above and below the canopy. Thetree works like an air conditioner and, in thiscapacity, has its greatest effects on ourclimate.

Forest Service scientists estimate that well-watered trees can reduce air temperatureson a hot, dry day by as much as 2.5 degreesCentigrade (or 5 degrees Fahrenheit). Theeffect of even a few trees could be Significantin an urban area. Forest Service researchershave noted that a single city tree may carrythe workload of 5 average-size room air con-ditioners running about 20 hours per day.

The Forest Service scientists recommendkeeping trees well watered to gain fulltranspirational benefits. Water availability,especially for trees in urban areas, is present-ly under study by scientists in the Forest Ser-vice's amenities project in Pennington, NewJersey.

New York Forest Ownernegative change in speed. The rest passesunderneath the tree crowns and loses speedrapidly. Winds striking an extensive forestundergo a marked drop in velocity as soonas they hit the forest margin and a further-reduction in speed as they continue into theforest. The exact change in an air currentdepends on such details as the physicaldimensions of a tree, the density and size ofits crown, and the grouping of which it maybe a part.

Trees planted as windbreaks are commonin the Plain States. They serve primarily tokeep bare soil from blowing away.

According to Forest Service researchmeteorologists, a double row of 40-foot highmaple trees, planted perpendicularly to thedirection of the prevailing wind, will reducewind speed in the area immediately down-wind by about 50 percent. Their effectdecreases markedly as the vegetation's angleto the wind decreases from 90 degrees.

In urban areas groups of trees are oftenplanted along busy highways to reduce sud-den gusts of wind. They also cut down ondust and debris transferred from highways toadjacent living areas.

TREES ARE. • •

TREES ARE ...A natural air conditioner by day, the tree

becomes a blanket at night. Solar energy ab-sorbed during daylight escapes from the treeafter sunset. The energy is released slowly inall directions, making night temperatureshigher under trees than in the open. Shadedground also enjoys a longer frost-freeperiod.

TREES ARE ...Trees affect winds in several ways. When

an air current reaches a group of trees, part isdeflected upward and undergoes a small

If properly placed, trees can reduce thedrifting of snow around buildings and onhighways. Trees can also be a grooming aidat the ski slope, where their proper locationhelps to channel the snow.

TREES ARE. . .Forest Service research meteorologists tell

us that the effect of trees on precipitationtends to be overrated.

A tree is only temporary, and oftendangerous, shelter from a storm. With itsheight and natural grounding, a tree is an at-tractive target for lightning. As an umbrella,although the large surface area of its canopyallows it to catch and hold more water thanthe ground area under it, a limit is eventuallyreached. When this happens, the overload isdumped below.

On the average, high vegetation catchesand permits the evaporation of 15 to 20 per-cent of all rainfall before it reaches theground.

The effects of trees on climate will seldombe as dramatic to us as their effects on thebeauty of a region. But their role in modify-ing the micro-climate of an area is very real,as we have pointed out.

Trees are of two general types, each ofwhich will further affect climate modificationsin an area. large conifers or conebearingtrees cool the air in summer and winter,while deciduous or broad-leafed treesreduce temperatures in summer only.

Forest Service scientists recommend thatbackyard plantings be arranged for the

Page 11: The New York Forest Owner - Volume 17 Number 3

Page!!New York Forest Owner

HOW YOU CAN SAVEWITH A WOODSTOVE

Stove, Pipe, Installation, etc $Chain Saw .

458.00149.9544.60

379.00438.00310.00500.00126.0050.0050.0045.0029.50

125.0049.50

600.00110.0045.00150.00

9,000.00310.0075.00

33,678.22

Gas & Maintenance for chain saw .4-wheel drive pickup, stripped .4-wheel drive pickup, maintenance .Replace rear window of pickup (twice) .Fine for cutting unmarked tree in state forest .Fourteen cases of Michelob .Littering fine .Tow charge from creek .Doctor's fee for removing splinter .Safety glasses .Emergency room treatment (broken toes from a dropped log) .Safety shoes .New living room carpet .Paint walls and ceiling .Worcester chimney brush and rods .Log splitter .Fifteen acre woodlot .Taxes on woodlot .Replace coffee table (chopped up and burned while drunk) .Divorce settlement .

Continued from page 10

greatest combined meteorological andaesthetic good. In the Northeast, ahomeowner should plant conifers on thewestern and northern sides of his lot to pro-tect his house from cold winter winds.Deciduous trees planted along the southernside of his property provide summer shadeand winter sun. Finally, for sunny morningsand a sense of openness, he should plantgrass and shrubs to the east and southeast. 54,922.82

62.3754.825.44

Total first year's costs .Savings in "conventional" fuel-first year .

Net cost of first year's woodburnlng .

... TREES AREENVIRONMENTALWONDERWORKERS 1 wandered lonely as a cloud

by William WordsworthI wandered lonely as a cloud

That floats on high o'er vales and hills,When all at once I saw a crowd,A host, of golden daffodils;Beside the lake, beneath the trees,Fluttering and dancing in the breeze.

Continuous as the stars that shineAnd twinkle on the milky way,They stretched in never-ending lineAlong the margin of a bay:Ten thousand saw I at a glanceTossing their heads in sprightly dance.

The waves beside them danced; but theyOutdid the sparkling waves in glee;A poet could not but be gay,In such jocund company;I gazed-and gazed- but little thoughtWhat wealth the show to me had brought:

For oft, when on my couch I lieIn vacant or in pensive mood,They flash upon that inward eyeWhich is the bliss of solitude;And then my heart with pleasure fills,And dances with the daffodils.

The information in this booklet is basedupon the results of research by Forest Ser-vice Meteorologist Raymond E. Leonard ofthe Northeastern Forest ExperimentStation's Forestry Sciences Laboratory inDurham, New Hampshire.

Further research on the effects that treeshave on our environment is being done byForest Service scientists in a forest amenitiesproject at Pennington, New Jersey. As partof the Plnchot Institute for EnvironmentalForestry Research, scientists in this projectare studying problems such as how to im-prove growing conditions for trees in urbanareas, and what effects different kinds andsizes of trees and woodlands have on humancomfort.

Research of the Pinchot Institute, whichwas established in 1970, is geared to tacklingvarious forestry-related problems facing ur-ban portions of the United States. AsAmerica's first concerted research effort atenvironmental forestry, the Plnchot programinvolves scientists from a consortium of nineleading universities, in addition to ForestService researchers at Amherst,Massachusetts, and Pennington, NewJersey.

Timber Trespass - continued

ESTIMATING THE VALUEPrices may be obtained from mills within

hauling dlstancce of the cutting site. Stum-page prices may be obtained from DEe.

Other damages may be obtained forunmerchantable material unnecessarilydestroyed.SUMMARY

Most cases are settled out of court buteven if the landowner obtains an award orsettlement he always loses something.

The best protection is to know your boun-dary locations and have them marked in aplain unmistakable fashion and keep a closeeye on your property.

A walk along the shore of Ullswater before1802.

Page 12: The New York Forest Owner - Volume 17 Number 3

Page 12 New York Forest Owner

Evelyn A. StockEditor

5756 Ike Dixon Rd.Camillus, N.Y. 13031

HepeticasHepaticas are one of the treasures of the

woods in spring. The flowers may be white,pink, lavendar or blue. Sometimes there ismore than one color on a plant.

They are of the buttercup family and onetype, Hepatica Americana has round-leaves,and Hepatica acutiloba, has sharp lobedleaves.

Which type are the ones in thephotograph?

Photograph taken by Dr. Josiah Lowe

WOODS WALKS,

will be held in the Ithaca area, July 7,and in the Cortland area August 18,details later.

GOT A QUESTION?ASK A FORESTER

BY AL ROBERTSCONSULTING FORESTER

Curly Maple, Birdseye Maplequestions from P. L. Marks

Brooktondale

1. Is it known under what conditionsHard Maple produces curly maple?

I had to check with Dr. Carl DeZeeuw atthe forestry college in Syracuse for theanswer to this. He says no one really knowsfor sure, but that it appears to be genetic,rather than anything present in the environ-ment.

2. Can anyone recognize such a tree onthe stump?

Carl says that some old woodsmen claimthat they can tell, but personally, he can not.However if you remove part of the bark youcan see ripples or ridges on the wood itself.Also it is usually present in the larger trees.3. Does the amount of curliness vary in

different locations in the tree. The answeris yes, and it is usually in the butt log.

***Birdseye Maple is completely differentand unrelated to curly maple. It apparently isnot a genetiC characteristic, and seems to berelated to something in the environment.Harry Burry also at the forestry college, andan ex-lumberman, says he has not noticedthat the phenomenon is noticeably morecommon in northern Michigan and theAdirondacks than in other locations.

Non profit org.bulk rate

us. POST AGEPAID

Nedrow, N.Y.13120

Permit No. 37

.. ~.Want Cleaner Air?Kill A Pine Tree

As there are in most human activities,there are fads in pollution. The environmen-tal movement began with concern over fishkills and dirty, smelly water, two decadesago. Today the big issues are land use,nuclear energy and ozone. This state may beable to do something for the first two, butozone is likely to be around in unhealthyquantities for a long time.

There is growing evidence that a good partof the ozone that makes air in Maineunhealthy to breathe at times may begenerated by the vast spruce, fir and pineforests that cover more than half the state.

The evidence is still circumstantial. Tudorsays he has just begun to investigate thepossible ramifications of natural smog. Butthe environmental bumper sticker of thefuture may read. "Breath clean air, kill a pinetree." Maine Sunday Telegram 8/20/78PS: Perhaps some of our readers have moreinformation on this - either way. See thenext issue. Ed.