the new yorl< forest owner
TRANSCRIPT
The New Yorl<
Forest OwnerA PUBLICATION OF THE NEW YORK FOREST OWNERS ASSOCIATION
July/August 2001
Volume 39 Number 4FOUNDED 1963
In This Issue •THE NEW YORK
FOREST OWNERS
ASSOCIATIONVolume 39, Number 4
Officers & DirectorsRonald Pedersen, President22 Vandenburg Lane,Latham, NY 12110; (518) 785-6061
Jim Minor, Vice President22 Bryn Mawr RoadRochester, NY 14624; (716) 247-7069
John Druke, Secretary6341 Kirkville RoadKirkville, NY 13082; (315) 656-2313
Jerry Michael, Treasnrer4 Leonard Lane,Binghamton, NY 13901; (607) 648-2941
Deborah Gill, Administrative SecretaryP.O. Box 180Fairport, NY 14450; (716) 377-6060
Joan Kappel, Chair Editorial CommitteeP.O. Box 646Altamont, NY 12009-0646; (518) 861-8753
2002Harry Dieter, Honeoye Falls, (716) 533-2085Mike Greason, Catskill, (518) 943-9230Jack Hamilton, Wayland, (716) 728-5769RolfWentorf, Johnsonville, (518) 753-0228
2003Hngh Canham, N. Syracuse, (315) 457-4972Roy Esiason, Granville, (518) 642-2351Jerry Michael, Binghamton, (607) 648-2941Ronald Pedersen, Latham, (518) 785-6061
2004Dave Swaciak, Franklinville, (716) 676-2349Geff Yancy, Rochester, (716) 271-4567Panl Yarbrongh, Ithaca, (607) 277-3011Vacant
Chapter-Designated DirectorsCharlie Mowatt, Allegheny Foothills; (716) 676-3617Joan & Hans Kappel, Capital District; (518) 861-8753John Druke, Central New York; (315) 656-2313Ann Osborn, Lower Hudson; (845) 424-3683Pat Ward, Northern Adirondack; (315) 268-0902Bob Preston, Niagara Frontier; (716) 632-5862Peter Gregory, SE Adirondack; (518) 399-1812Charlotte Baxter, Southern Tier; (607) 967-8516Peter Smallidge, Southern Finger Lakes; (607) 255-4696Chuck Winship, Western Finger Lakes; (716) 223-4619
The New York Woodland Stewards,Inc. (NYWS) is a 501(c)3 foundationof NYFOA and tax deductible dona-tions to this organization will advanceNYFOA's educational mission.
All rights reserved. Contents may not be reproducedwithout prior written permissionjrom the publisher.
NYFOA does not necessarily support or approve pro-cedures, products, or opinions presented by authors
or advertisers.
(\)2001 New York Forest Owners Association
• •
FROM THE PRESIDENT
RON PEDERSEN 3
IN THE MAIL 4
How To REMEMBER BIRD SONGS
CHRISTINE T ARSKI 5
VOLUNTEERS MAKING A DIFFERENCE
GARY GOFF 6
HUNTING LEASES THAT PROTECT THE LANDOWNER AND
THE RESOURCE
ROBERT MALMSHEIMER & DAVID J. COLLIGAN 8
NEWS & NOTES 11
NYFOA FALL MEMBERSHIP MEETING 12
REWARD FOR FINDING NEAR EXTINCT TREES 14
DEER MANAGEMENT AsSISTANCE PROGRAM (DMAP) 15
THE MAy BEETLE
DOUGLAS C. ALLEN 16
THE "FATHER OF CONSERVATION" AND WHAT HE TAUGHT US
KELLY SEVIER 18
WOODLOT CALENDAR 20
FOREST LANDOWNER TAX COUNCIL 21
WHAT CAN NEW YORK WOODLAND STEWARDS Do FOR YOU? 22
The New Yorl(
Forest OwnerA PUBLICATION OF THE NEW YORK FOREST OWNERS ASSOCIATION
The New York Forest Owner is a bi-monthly publication of The New York Forest OwnersAssociation, P. O. Box 180, Fairport, N. Y. 14450. Materials submitted for publication
should be sent to: Mary Beth Malmsheimer, Editor, The New York Forest Owner, 134Lincklaen Street, Cazenovia, New York 13035. Materials may also be e-mailed [email protected]. Articles, artwork and photos are invited and if requested, are returnedafter use. The deadline for submission for the September/October issue is August 1, 2001.
Please address all membership fees and change of address requests to P.O. Box 180,
Fairport, N.Y. 14450. 1-800-836-3566.Cost of family membership/subscription.is $25.
www.nyfoa.org
COVER: Photo of a deer exclosure at Jack McShane's in Delaware County, as part ofthe '99 MFO/COVERTS refresher workshop. Note the density and height ofthe aspen inside the exclosure in comparison to outside, afterjust two years.Deer definitelyimpact forest regeneration!Photograph courtesy of Gary Goff.
The New York Forest Owner 39:4 • July/August 20012
FT~PresidentNew York's private forest land-
owners need to be grateful forthe foresight and generosity of
many who came before us. We are thebeneficiaries of the vision and commit-ment of those that have made possibleour teaching and demonstration forests,such as Pack Forest and Arnot Forest,as well as other sites in the state.
The Charles Pack DemonstrationForest in Warrensburg, NY is one ofseveral properties in the Adirondacksunder the jurisdiction of the SUNYCollege of Environmental Science and
Forestry inSyracuse. LastSeptember,Pack Forest wasthe site ofNYFOA'sstatewide FallProgram.Through thehands-on field
activities, many of us saw, and dis-cussed, the results of years and years ofmanagement, learning from the sametrees and experiences that help to trainforestry students.
Cornell's Arnot Teaching andResearch Forest, a 4,000 acre propertya few miles south of Ithaca, NY isanother very special place. But don'ttake my word for it, ask any MasterForest Owner Volunteer-MFOs knowArnot Forest as a classroom. The ArnotForest and the Master Forest Owner/COVERTS program are among theresponsibilities of the Department ofNatural Resources in the NYS Collegeof Agriculture and Life Sciences. Arnotplays a key role in Cornell's integrationof teaching, research and extension innatural resources.
These properties are huge laborato-ries for study and experiments inforestry, wildlife, and other aspects ofnatural resources. Like other laborato-ries, they win some and they losesome, but as private landowners, wewin in either case. If a practice works
well and passes the test of time, we canact on that information; if an approachthat seemed to hold promise fails forsome reason, we can benefit from thatinformation as well.
On June 9th, the NYFOA Board ofDirectors held its regular meeting at theArnot Forest. I want to note two itemsof particular interest that were dis-cussed and acted upon.
The Board adopted a plan for"introductory" memberships inNYFOA at a discounted price, an ideathat stems from the experience ofmembers who have staffed booths andinformation tables at fairs and otherevents. It is our hope that introductorymemberships will encourage partieswho stop at a NYFOA or MFO displayto sign up for NYFOA membership, asa means to receive further information,contacts and encourage them to seekany further help in achieving theirobjectives. The Board plans to have theneeded materials available in time forthis summer's fairs.
The second new initiative stemsfrom a suggestion from the WesternFinger Lakes Chapter that NYFOAprovide gift memberships. The goal isto make it convenient and economicalfor present NYFOA members topurchase gift memberships for othersthey feel would benefit from belongingto NYFOA. Readers can expect to seenotice of the availability of gift mem-berships and ordering opportunities inthe Forest Owner this fall.
NYFOA's central objective remainsto reach private landowners, introducethem to avenues of information, andhelp them to identify and implementsound natural resource practicesdesigned to meet their personal plansand objectives. Greater circulation ofthe Forest Owner is one way we canhelp to achieve this.
I wish you all a safe, fun, andproductive summer.
-Ron PedersenPresident
J · ,NYFOA is a not-for-om profit group of NY• State landowners
promoting stewardship of privateforests. Stewardship puts intopractice knowledge of forestecosystems, silviculture, localeconomies, watersheds, wildlife,natural aesthetics and even law forthe long term benefit of current andfuture generations. NYFOA,through its local chapters, providesthis knowledge for landowners andthe interested public.
Join NYFOA today and begin toreceive the many benefits including:six issues of The New York ForestOwner, woodswalks, chaptermeetings, and two statewide meet-ings for all members.
I1We would like to support goodforestry and stewardship of NewYork's forest lands
( ) I1We own acres ofwoodland.( ) I/We do not own woodland butsupport the Association's objectives.
Name: ---------------------Address: -------------------City: _
State/Zip: _
Telephone: _
County of Residence: _
County of Woodlot: _
Referred by: _
Annual Dues (Please Circle One):Student $10(please provide copy of student ID)
Individual $20Family $25Contributing $30-$100Sponsoring $101+
Please make check payable to NewYork Forest Owners Association,or, if you prefer, by check payable toNYWS (New York WoodlandStewards, Inc., a tax deductiblefoundation), including any contribu-tion in excess of your NYFOAmembership and send to:
NYFOAP.O. Box 180
Fairport, New York 144501-800-836-3566www.nyfoa.org
The New York Forest Owner 39:4 • July/August 2001 3
InTheMAIL
Professional Foresters"Only professional foresters can
design and implement a forestmanagement plan to manage theequity in your woodlot," by NYSDEC Sr. Forester Ron Cadieux inthe March/April issue of the NewYork Forest Owner, 39:2. Thismay be true on paper but the major-ity of plans currently pursued byconsultant foresters results in "highgrading." Selling timber by markingonly the saleable timber, leaving theculls and receiving a percentage ofthe sale price is not silviculture buttimber brokering.
Bruce E.Robinson, Inc.FORESTRY CONSULTANTS
• FOREST PRODUCT MARKING &MARKETING
• TREE FARM MANAGEMENTURBAN FORESTRY &
OMMUNITY MANAGEMENTTIMBER APPRAISALS
• ACCESS ROAD DESIGN &SUPERVISION
_ • TREE PLANTING• TREE SHELTER DISTRIBUTOR.SUGAR BUSH MANAGEMENT
• BOUNDARY MAINTENANCE• CHRISTMAS TREE MANAGEMENT• FOREST MANAGEMENT PLANNING• FOREST RECREATION PLANNING• WOODLOT IMPROVEMENTS IN
IMMATURE STANDS• WILDLIFE MANAGEMENT• FOREST TAXATION PLANNING
Ph. (716) 665-5477Fax. (716) 664-5866
e-mail [email protected] CAMP ST. EXT.
JAMESTOWN, NY 14701
Letters to the Editormay be sent to:
The New York Forest Owner134 Lincklaen Street
Cazenovia, NY 13035or
via e-mail [email protected]
I have managed some 400 acresfor over forty years and enjoyed theprofits from several sales of highquality timber. I belive there areother ways to learn forest manage-ment other than the pathway offormal education.
As for my experience withconsulting foresters, if you feel you"must" use one, get references fromsatisfied woodlot owners withsuccessful sales in your area. Whenthe NYS DEC foresters did themarking for timber sales, it was notdone anticipating a percentage of thesale and could only be done accord-ing to silvicultural practices: i.e., byremoving the culls. It seems to methat the NYS DEC, by recommend-ing the consultant forester andknowing their work is often detri-mental to the woodlot, is providinga disservice to the wood lot ownersof New York State.
-Wendell Hatfield,Past Chairman of the
Cayuga Chapter, NYFOA
NYFOAScholarship Fund
As of June 1, 2001, theNYFOA Endowed Scholar-ship Fund that is adminis-tered by the SUNY ESFCollege Foundation, Inc.has a fund balance of$21,608.85.
4
Nolan'.'Sporting Supplle.
Outdoor EquIpment SpecialIst
37 • 47 Genesee StreetAuburn. NY 13021
315/252·7249
fountain forestryTupper Lake, NY (518) 359 3089
Lake George, NY (518) 668 [email protected]
Services for Private, Public, and Corporate Landowners Worldwide
www.fountainforestry.com
The New York Forest Owner 39:4 • July/August 2001
How To RememberBird Songs
!\t"1\ LAW FIRM /~U1..LL EXPERIENCED IN ISSUES RELATING TO ill1..ill
TIMBER AND FORESTRY
Timber Contract Review Timber Trespass ActionsOil and Gas Lease Reviews Timberland Succession Planning
Timber Tax:Advice Including:Schedule T Preparation
Depletion Allowance CalculationsTax Free Exchanges
Timberland Tax Certiorari Challenges
Call David J. Colligan atWatson, Bennett, Colligan, Johnson & Schechter, LLP
Tel: (716) 852-3540 • Fax: (716) 852-3546
W:le birdwatching or on arding trip, many times the
rds refuse to come out onto abranch where they can be seen. Howmany times have you heard a bird buthave been frustrated because no matterhow diligently you search for it, youcan't quite see it. It's times like thatwhen being able to identify a bird by itssong is invaluable. Sometimes justknowing the species will give you cluesof where to focus your binoculars to seethe elusive feathered creature.
Simple phrases can help youremember what bird sings which song.For instance, I remember the Eastern
Meadowlark's song as, "Spring-o}THE-year!" However, you might hear thesong a bit differently since differentpeople hear varying types of pitch andsound.
Listed below are other phrases youcan use to help identify North Americanbirds. Remember, a little imagination
helps.American Crow
Caw, caw, cawAmerican Goldfmch
Po-tato-chipAmerican Kestrel
Clee, clee, clee, cleeAmerican Pipit
Pipit, pipit
[email protected] www.forestrylawcom
CHRlSTINE TARSKI
American RobinCherry, cherry, cherry
Barn SwallowTit, tit, tit, tit
Barred OwlWho cooks for you? Who cooks foryou-all?
Blue JayJay, jay
Carolina ChickadeeFeebee feebay and chick-adee- dee-dee
Carolina WrenTeakettle, teakettle, teakettle
Chuck Will's WidowChucks-will-widow, chucks-will-widow
Common NighthawkBeer
Common YellowthroatWitchity, witchity, witchity
Eastern BluebirdCheer, cheerful charmer
Eastern MeadowlarkSpring-of-THE-year
Eastern PhoebeFee-bee
Golden-crowned KingletSee, see, see
Great Horned OwlAre you awake? Me, toooo
Indigo BuntingFire, fire, where, where, here, here,see it, see it
KilldeerKill-dee, kill-dee
Northern BobwhiteBob white, bob white
Northern CardinalWhat-cheer, what-cheer, what-cheer
OvenbirdTeacher, teacher
Pileated WoodpeckerKick, kick, kick
Red-shouldered HawkKeee-yeer, keee-yeer, keee-yeer
Red-tailed HawkKeeeeeeeeer
Red-winged BlackbirdKonk-a-reee
Rufous-Sided TowheeDrink-your-tea
Song SparrowHip, hip, hip hurray boys, spring ishere
Tufted TitmousePeter, peter, peter
WhippoorwillWhip poor will
White-crowned SparrowMore, more, more cheesies, please
White-eyed VireoSpit and see if I care, spit!
White-throated SparrowOh sweet Canada, Canada, Canada
Wood ThrushEe-o-Iay
Yellow WarblerSweet, sweet, sweet, I'm so sweet
Good luck and listen to the birds aroundyou! 4-
Suggested Books and Tapes:Stokes Field Guide to Bird Songs : Eastern
Region (Three compact discs and 64-pagebooklet)
Stokes Field Guide to Bird Songs: WesternRegion (Three compact discs and 64-pagebooklet)
<02000 by Christine Tarski (http:// birding. about.com), licensed to About. com, Inc. Used bypermission of About. com, Inc. which can be foundon the Web at www.about.com. All rights reserved.This article can be found at http://birding.about.com/hobbies/birding /library /weekly /aa021800a. htm
The New York Forest Owner 39:4 • July/August 2001 5
Volunteers MAIGNG A DIFFERENCEGARY GOFF
Dale Schaefer, Ontario County
I was invited to visit Jeff Thompson's84 acres as a result of my staffmg an in-formation booth at the 1999 Empire Farm
and Field Days. As a result of the visit,Mr. Thompson joined the NY Forest
Owners Association and hired a consult-ant forester to manage a timber sale oneyear after the visit. Then this April, Mr.
Thompson volunteered to host the follow-up woods walk for 40 people on his prop-erty as part of Cornell Cooperative Exten-sion's videoconference on "Deer in Rural
Woodlands." The contact, visit, and"chain-reaction" results demonstrate the
many benefits of the MFO program to
landowners and forest stewardship incommunities across the state.
Walter Friebel, Oneida County
I received a call from Mr. Richard
Sabo who had been referred to me by
Gary Goff, MFO/COVERTS ProgramDirector. Mr. Sabo and I spent several
hours going through his 75 acres, review-
ing management options, and where and
how to get the information he needed.Mr. Sabo and his wife are now more in-volved with the Central NY Chapter ofthe NY Forest Owners Association.Director's note. Mr. Sabo wrote me a noteexpressing his thanks for the program andcommenting on the visit. He wrote, "Walt
was very professional and knowledgeable,an excellent representative of your pro-gram. Thanks for your help. "
Jerry Michael, Broome County
This year I conducted a visit that hada little different twist. I learned that
Broome County was going to auction off
a piece of county-owned land that wasforested. I went out to see the land and re-alized that the standing sawtimber on theland was alone worth more than the mini-
mum bid. I recommended that the sale be
postponed until the timber value could bedetermined. Now the County has recon-
sidered the sale altogether, but if andwhen the sale goes through, the taxpayersstand to receive full market-value for theproperty. I also helped organize public
The NY Master Forest Owner/CO-
VERTS Volunteer Program willsoon begin its 11th year. Over that
time nearly 375 forest owners have com-pleted the 3-day training to be certified as
Master Forest Owners (MFOs). There arecurrently 168 active volunteers in 46 NYS
counties. Their mission is to help neigh-bor forest owners find the information andassistance they need to achieve their own-
ership objectives. To date, the volunteershave reported over 1,000 on site, one-to-one visits with neighboring forest owners.That is the basis of the success of the pro-
gram. The volunteers are friends andneighbors who offer peer counseling
based on years of ownership experience,complemented by training from Cornell
Cooperative Extension and other cooper-ating agencies and organizations.
Success of the program can be par-tially measured through statistics reported
by the volunteers and visited forest own-ers. In 2000, for instance, 38 MFO vol-
unteers reported 134 on-site visits, total-ing 7,836 acres. A survey of visited forest
owners in 1994, revealed that they ratedthe value of the information provided by
the MFO volunteers 4.2 on a 5-point
scale. Another survey of visited forestowners in 1997 found that as a result ofthe information provided by the MFO,
forest owners who reported a financial
gain, on average saved or earned $7,000.The basis of the financial savings or earn-
ings is typically from enrollment in the
NY Forest Tax Law 480-a or makingwise decisions regarding timber sales.
But statistics only tell part of thestory. The true merit of the program isperhaps better portrayed by relating thespecifics of the results of individual visits.Both the volunteers and the forest ownersgain something with each experience.
There is a unique story behind every visit. Andy Doyle, MFO from Schuyler County, looking over property maps before starting out on anHere are just a few of the hundreds of sto- on-site visit.
ries as told by MFO volunteers.
6 The New York Forest Owner 39:4 • July/August 2001
An MFO couple learning how to use Biltmoretree scale sticks to estimate sawtimber volumein board jeet.
seminars to help forest owners deal withthe increasing problem of timber theft.
Director's Note. Jerry reported 18 visitsto local forest owner properties in 2000,the highest total of all reporting volun-
teers.
Chuck Winship, Monroe CountyTwo different, but very rewarding
visits I had this year went as follows. Iwas referred by Monroe County Coop-
erative Extension to a lady who had re-cently inherited the family farm. She had
been offered $8,000 for the sawtimber(logger's choice) on the farm by a loggerwho happened to be harvesting a neigh-boring property. She wisely decided tocall Cooperative Extension. Two thingswe discovered upon taking a tour of the
woodlot were that a neighbor had alteredthe drainage in her woods by ditching his
adjoining land and that the mature sugar
maple in her woods was probably wortha lot more than the initial offer. I advised
her to consider hiring a private consultant
forester, which she did. Upon solicitingcompetitive bids for the marked harvest,
she accepted an offer for $30,000 (3.75X the initial offer). Another visit I con-
ducted was to a 7-acre parcel owned by aretired Ph.D. from Manhattan, NY. His
primary interest is "scenic beauty," and he
did have a very diverse and interestingwoodlot. He thanked me for helping him
learn how to identify tree species and to"read the landscape," thereby determining
some of the land-use history of his prop-erty. He now appreciates his woodlot even
more!
Jim Riles and Doug Deuel, Steuben
County
We visited a retired AT&T employeewho has a very diverse woodlot with lots
of potential for many ownership objec-tives. He is interested in preservation,
sawtimber management, AmericanChestnut, agro-tourism, and maple syrup
production. He is now working with localDEC Forester, Billy Morris. Another
forest owner had a beautiful youngsawtimber stand that was badly in need ofthinning. We encouraged him to acquire
aerial photos of the property and work on
developing a management plan. He toowill be in touch with Billy Morris. A third
visit that went very well was with ahusband and wife, both commercial
arborists with an interest in bee-keeping.Some of their stands were also in need ofthinning to optimize the sawtimber
potential. They hired a consultant foresterto mark the thinning and arrange a
competitive bid sale of the sawtimber thatthe owner cut and skidded roadside.Director's Note: The Riles and Deuel"Dynamic Duo" conducted 13 visits in
2000. They credit their success in reachingout to landowners by staffing the MFO
display at various fairs and workshops,
and referrals from the Steuben CountyCooperative Extension Association. Carl
Albers, Extension Educator, publishes atleast one forestry article in every issue ofthe county newsletter.
Interested in the program?NY forest owners are encouraged to
contact a local MFO volunteer to learn
more about forest management options.Volunteers work for free and are totally
unbiased. They will provide you with in-
formation over the phone or tell you how
to order publications if needed. They alsowill gladly arrange a half-day visit to yourwoodlot (or theirs) if that option appeals
to you! Lists of volunteers are availablethrough your County Cooperative Exten-
sion Office or local NYS DEC office.Visit the MFO website at www.dnr.
comell.edulextlmfol to learn more aboutthe program and obtain the listing of vol-
unteers.Experienced land owners who would
like to become a MFO/COVERTS volun-
teer can obtain an application form fromthe website, or by calling Deanna Owensat 607/255-2814, or [email protected]. This year's trainingworkshop will take place Wednesdayevening September 19 through Sunday
noon, September 23 at CornellUniversity's Arnot Forest, VanEtten,
NY. The workshop is free of charge toaccepted candidates. •.
The NY MFO/COVERTS Volunteer Program isco-sponsored by The Ruffed Grouse Society,The Robert Wentorf, Jr., Foundation, and theNY Woodland Stewards, Inc., with cooperationfrom NY Forest Owners Assoc., NYS Dept. ofEnvironmental Conservation, and Cornell Coop-erative Extension.
271 County Road #9Chenango Forks, N.Y. 13746
(607) 648-5512E-mail [email protected]
The New York Forest Owner 39:4 • July/August 2001
Timber AppraisalTimber Sales
Forest Stewardship PlansForestry 480-A Plans
Restore the American Chestnut
7
defend" clause that requires the insur-ance company to defend a lawsuitagainst a landowner. This clauseprovides the landowner with an insur-ance company-paid attorney to raise theGOL §9-103 defense if the landowneris sued. Without this benefit, thelandowner will be responsible for herown attorneys' fees if she is sued, evenif she ultimately wins on the basis ofGOL §9-103.
If the landowner elects to receiveconsideration, GOL §9-103 does notapply and a landowner owes a duty tothe lessee to use reasonable care tokeep the property in a reasonably safecondition. For a landowner to be liable,the injured party must prove thelandowner breached her duty by: 1)failing to make a known dangerouscondition safe, or 2) failing to warn aninjured party of a known dangerouscondition that could cause injury.Courts determine the extent of alandowner's duty to the injured partyby examining the likelihood that thedangerous condition on the propertywill cause injury and the foreseeabilityof the injured party's presence on theproperty. This requires a case-by-casedetermination, where courts look at thecircumstances involved in the injury.Since a case-by-case determinationencourages injured parties to initiatelawsuits, a landowner who chooses toaccept consideration for allowinghunters on her property should consultwith her insurance agent about theproperty and the appropriateness ofpurchasing additional liability insur-ance. Most standard farm and forestinsurance policies do not cover dam-ages claimed by paying hunters.
If a landowner accepts money asconsideration, the lease should specifywhen and where the payments are due,
HUNTING LEASESThat Protect the Landowner and the Resource
ROBERT MALMSHEIMER AND DAVID J. COLLIGAN
Landownerslease their huntingrights for a variety of reasons.Hunting lease income helps pay
real property taxes. Hunters controldeer populations for landownersinterested in regenerating their forests.Some absentee landowners use huntersto post their lands and limit publicaccess.
This article examines some ele-ments of a successful hunting lease thatprotects the landowner and theirresource. Landowners can use thisinformation in hunting lease consulta-tions with their attorneys.
This article begins with the initialquestion for the landowner: will thelease payments compensate the land-owner for increased potential liability?It then discusses lease elements thatprotect the landowner and the resource.The article concludes with some advicefor landowners entering hunting leases.
Lease Payments and Landowner'sLiability Insurance
Before discussing lease payments,a landowner needs to understand therelationship between herself andhunters. In New York State, a land-owner does not own the wildlife on herproperty. The state owns wildlife untilcapture (NYECL §11-0l05). A land-owner entering into a well draftedhunting lease in effect grants hunters alicense, rather than a lease, to use herland. The license allows hunters (thelessees) the right to access thelandowner's (the lessor) property for aspecific purpose during a specifiedtime. A license is a revocable permis-sion subject to stated conditions, whilea lease is more typically used to give areal property interest that requiresjudicial intervention to terminate by thelandowner.
A landowner granting huntersaccess to her property must decidewhether she is going to charge thehunters an access fee. The GeneralObligations Law (GOL) §9-103,provides a landowner, who does notreceive compensation for a huntinglease, with a liability defense if a hunteris injured on the landowner's premises.The first question for a landownerconsidering a hunting lease is: will thelease payments compensate her forincreased potential liability?
GOL §9-103 applies if: 1) thelandowner has not willfully or mali-ciously caused the injury, 2) the injuredparty is conducting a "listed activity"(hunting is a listed activity), and 3) thelandowner does not receive consider-ation. Consideration is more thanmoney. It is anything of value. Forexample, if the hunters agree to givethe landowner a portion of the venisonthey harvest for allowing them accessto her lands, the landowner has re-ceived consideration and GOL §9-103does not apply. A true "thank you" giftof venison, not required as a conditionto allowing the hunters access to herlands, is not consideration, and GOL§9-103 will continue to apply.
If GOL §9-103 does apply, alandowner does not assume responsibil-ity for injuries caused to hunters on theproperty. It also states that a landownerhas no duty to keep the premises safefor use by others or to give warning ofhazardous conditions. The statuteprovides a landowner with a legaldefense if a hunter is injured on theland. However, since this is only alegal defense, and not a bar to lawsuitinitiation, it is important that landown-ers maintain liability insurance on theirproperty. Most liability insurancepolicies contain an "obligation to
8 The New York Forest Owner 39:4 • July/August 2001
and should require advance lease
payments. A landowner should alsodecide whether she will require lesseesto pay a security deposit to insure that
the lessees do not damage theproperty's improvements or resources.
Protecting the LandownerLessee Information
The lease should specify the
number and identity of the hunters the
landowner authorizes to use theproperty. Unless the hunters have a
written agreement that designates anagent authorized to bind other hunters,all hunters should sign the lease and
provide their addresses and telephonenumbers. If the hunters do not have awritten agreement, the lease should
specify an agent that the landowner cancontact who will be responsible forcontacting the other hunters. Thisclause eliminates the need for the
landowner to provide notice to each
hunter. If the landowner is unable tocontact the agent, the lease contains the
information the landowner needs tocontact the hunters individually. Inaddition, the lease should contain ajoint and several liability clause. This
clause specifies that each hunter isliable to the landowner for all lessees'duty under the lease, and eliminates the
individual lessee's claims that they areonly responsible for their "share" of
the lease. All leases must requirecopies of the lease to be given to all
hunters who accept full responsibilityto comply with the lease.
All hunting leases should contain a
hold harmless and indemnity agreementrequiring the hunters to reimburselandowners against any and all liabilitycaused by the hunting parties. The
lease should also contain a waiver ofclaims barring hunters from bringingan action against the landowner. An
appropriate title for this section of thelease would be "Waiver of Liability,
Hold Harmless, Release, Assumptionof Risk, and Indemnity Agreement."
If the hunters do have a written
agreement amongst themselves, such asa hunting club agreement, the lease
should require the hunting club's agent
The lease should contain a legaldescription and map of the property. If
the landowner has not authorizedhunting on part of the property, sheshould clearly delineate those lands on
the map and on the ground. If the
landowner has shown the lessees theproperty boundaries, the lessees shouldacknowledge this in the lease. Thisacknowledgment prevents lessees fromlater claiming they .---- -,
did not know the
location of propertyboundaries.
If the lesseesaccess the propertythrough a locked
gate, the leaseshould specify that
the lessee isresponsible forclosing the gates
and safeguarding
*1lMBER SAlES Ii HARVEST PlANNING* FOREST MANAGEMENT PlANS * FOREST FINANCIAl. ANAYlSIS
* COMPREHENSIVE FOREST MANAGEMENT SERVICES
PERSONAL SERVICENPROFESJONAL ADVICE
to give the landowner an annual list ofall club members authorized to hunt onthe property. The landowner should
require hunting clubs to distribute astandard form of identification to their
members. Standard identification
makes it easier for a landowner toidentify club members when she
inspects her property.
The lease should address whetherlessees have guest privileges. If the
lease authorizes guests, it shouldspecify the number of guests per lesseeand whether a lessee must accompany
them on the property. The lease shouldalso specify that lessees are responsible
for their guests. If the lease allowsguests, it should address whether thelandowner authorizes lessees to use the
property for guide services. If thelandowner does not want to allowguests and/or guides on the property,this should be clearly stated in the
lease.Since New York law generally
allows the assignment and transfer ofleases, the lease should specificallystate that it is nonassignable. Thisprevents the landowner from having alease with unknown hunters.
Leased Lands
Dmarcbese{\f)s!:Dy.[[,CQm
(and replacing lost) gate keys. Land-owners who want the lessees to park inspecific locations or limit the numberof vehicles should include this informa-
tion in the lease and on the map.
Duration and Purpose of the LeaseLonger leases give landowners
income stability. However, longerleases may extend a landowner'sobligation to deal with undesirable
lessees. Landowners leasing to un-known hunters should consider an
option clause that gives the landownerthe opportunity to cancel the lease after
one year, or provides for renewal at thelandowner's option.
In addition, the lease should
specify when the lessees can use theproperty and what lessees can do on
the property. A landowner can grant ageneral recreation lease, which mayallow access throughout the year for avariety of recreational activities, or a
hunting lease, which may limit access
to hunting during a specified time(e.g., deer hunting season). Limitedaccess is especially important if thelandowner uses the property for otherpurposes such as farming or recre-
ational activities during other times ofthe year.
Hunter's Liability InsuranceIn addition to the landowner's
liability insurance, the lease should
require that lessees purchase liabilityinsurance. A landowner should consult
with her insurance agent to set theminimum coverages that she should
require in the lease.continued on page 10
SAF- CERT1F1ED FORESTER
PETER M. MARCHESE, CF
38 FOREST HILL DR.CORNING, NY 14830
The New York Forest Owner 39:4 • July/August 2001 9
HuntingLeases (continued from page 9)
Landowner Access to PropertyThe lease should reserve the
landowner's right to use and access theproperty, including her right to inspectthe property. If the landowner or herfamily wants to hunt on the property,the lease should specifically reservehunting rights for these parties.
Resolving DisputesThe lease should always include a
clause that allows the landowner tocancel the lease, if the lessee breachesthe lease. In addition, the landownermay want to specify how she and thelessees will resolve lease disputes. Alandowner should consult with herattorney about the advantages anddisadvantages of alternative disputeresolution mechanisms, such as arbitra-tion or mediation to settle lease dis-agreements.
Hunter's Duty to Notify LandownersThe lease should require lessees to
notify the landowner of dangerousconditions and trespassers. As thediscussion of lease payments and alandowner's liability detailed, this isespecially important if the landowner isreceiving consideration for the huntinglease.
The lease should also require thelessee to notify the landowner of anyaccidents or injuries that occur on theproperty. This protects the landownerbecause many insurance policiescontain clauses that require the insuredto notify the insurance company ofpotential claims within a number ofdays. If the insured fails to notify theinsurance company within that time,the insurance policy does not cover theincident.
Protecting the ResourceTimber Harvesting
If the landowner manages her landsfor timber, the lease should includelease terms that apply when harvestingoperations occur, such as limitinglessee access to harvest areas. Even ifthe landowner does not manage for
timber, landowners should reserve theright to conduct forest management ortimber salvage operations in case theyneed to conduct these activities in thefuture. This reservation can eliminatelessees' claims that these activitiesinterfere with the lessees' rights underthe lease.
Deer Harvesting RequirementsIf one of the landowner's leasing
objectives is to promote natural forestregeneration, the lease should specifythe number and types of deer thelessees will harvest. This is importantbecause many hunters refuse, or arereluctant, to harvest does. The land-owner may also want to add a releaseor nonexclusivity clause if the lesseesfail to meet minimum harvestingrequirements.
A landowner should considerrequiring lessees to send her informa-tion about each deer harvested, such assex, weight and buck's rack size. Alandowner can use this information inthe future to increase lease rates or formarketing the hunting rights to pro-spective lessees.
Protection of TreesHunting leases should protect the
trees on the property. Leases shouldspecify whether tree stands are permit-ted and, if so, what types of stands areauthorized. If lessees are responsiblefor posting the property, the leaseshould specify where and how they willpost signs.
The lease should prohibit thecutting of trees or the making ofclearings. Provisions for lessees' use ofdown trees for firewood or blinds arealso helpful.
Protection of Roads and TrailsA landowner may want to limit
vehicular travel by specifying: 1) thetypes of vehicles the landowner autho-rizes on the property, 2) vehiclespeeds, and 3) where lessees can usevehicles. If the lessee is responsible forthe maintenance or repair of road
damage, the lease should address theseissues. Landowners should carefullyconsider whether to allow all terrainvehicles on the property. If they areallowed, the landowner should be sureto discuss this with her insurancecarrier to be certain that she is ad-equately insured in the event of anATV accident.
Protection of ImprovementsImprovements on leased lands
present a variety of issues that arebeyond the scope of this article. Alandowner leasing improvements onher property should consult with herattorney about lease terms to protectthe improvements and prevent thestorage of dangerous or hazardousmaterials. If the improvements are notbeing leased, the lease should includeappropriate provisions concerning "no-shoot" areas around the improvements.
ConclusionHunting leases provide forest
landowners with many benefits.However, hunting leases should protectboth the landowner and the resource.This article addresses some elements ofa successful hunting lease. It is not acomprehensive list. A landownershould tailor her hunting lease to matchher management objectives and herproperty.
A landowner entering a huntinglease should remember the first rule oflease-drafting: the lessee and lessormust abide by all the terms of thelease, so the landowner should specifyall of the lessees' responsibilities in thelease. A comprehensive lease providesgreater protection than a vague lease.By including lessees' responsibilitiesand prohibitions in the lease, a land-owner avoids misunderstandings, litiga-tion, and damage to her resources .•..
Robert Malmsheimer is an Assistant Professorof Forest Policy and Law at SUNY ESF.David 1. Colligan is a partner in a law firm inBuffalo, New York, and can be reached at(716) 852-3540 or visit his websitewww.forestrylaw.com.
10 The New York Forest Owner 39:4 • July/August 2001
NEWS &NOTES
Conservation Trees Booklet. FREE!&. Published by the National Arbor
Day Foundation. How to useshade trees and windbreaks to saveenergy; how to attract songbirds; howto save trees during construction;how to plant the right tree in the rightplace; how to plant conservationbuffers for streams; how to createliving snow fences; the right way toplant trees; the right way to prunetrees; how to get conservation treesfor planting; where to get help caringfor trees. For your free booklet, sendyour name and address to: Conserva-tion Trees, The National Arbor DayFoundation, Nebraska City, NE68410
Guide to Weed and Bush Control,1;. The 13 page "2001 New England&. Guide to Chemical Weed andBrush Control in Christmas Trees"by Marshall Patmos, UNH Coopera-tive Extension and John Ahrens,Connecticut Agricultural Experiment
Station has been completed and nowavailable at the UNH CooperativeExtension website. The web addressis ceinfo, unh. edu/for2pubs. htm. Ahard copy is available from the NewEngland Extension Foresters andNew York Extension Forester.Single copies are also available at theUNH Cooperative Extension Publica-tions Center, 16 Nesmith Hall, 131Main St, Durham, NH 03824-3587.Ph 603-862-2346 Fax 603-862-2441.
Threatened & Endangered SpeciesWeb Site,I; For those of you with an interest&. in Threatened and EndangeredSpecies, here's an interesting site:www.natureserve.org/
Venison Donations&. The following web site,
www.dec.state.ny.us/website/dfwmr/wildlife/venison.htm is for theNYS Venison Donation Coalition andcooperating meat processors. There
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TIMBER SALESMANAGEMENT PLAN
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The New York Forest Owner 39:4 • July/August 2001 11
Fall Membership MeetingSeptember 21, 22 and 23
Sponsored by
Allegany Foothills & Niagara Frontier Chapters
Camp DuffieldWorden Road · Delevan, New York 14042
Agenda:Friday 3:00 - 6:00 pm
6:30 - 10:00 pm
Saturday 6:30 - 8:30 am9:00 - 12:00 noon
11:30 - 12:30 pm1:00 - 3:00 pm
3:30 - 5:30 pm
9:00 - 5:00 pm6:00 - 10:00 pm
Sunday 7:00 - 8:00 am8:30 - 11:00 am
Registration @ Director's CabinDinner/ Musical Entertainment
(Hot Dogs/Hamburgers/Potato Salad)Breakfast (Pancakes/Bacon/Eggs)Crop Tree Management
Discuss Wildlife, Aesthetic and Timber ObjectivesLunch (Mixed Cold Cuts/Rolls/Veggies/Chips)Choice of:
Industrial Mill TourWildlife Photography by Ray Minnick
Choice of:Industrial Mill TourLetchworth Wildlife Photography by Ray Minnick
Children's ProgramDinner/ Keynote Speaker / Owl Prowl
Pig Roast Dinner w/rolls/Pasta Salad/Cole SlawSpeaker: Rick White - Pfeiffer Nature Center
Breakfast (Cereal/Fruit/Pastry)Harvest Walk w/tree identification
Those with special dietary needs, please contact Sharon Wieder at 716-942-3006.
Register with payment in full by September I",Limited to 150 participants-Sign up early!
Cost per adult with lodging: $50Cost per adult without lodging: $35School age children (5 & up) $25
12 The New York Forest Owner 39:4 • July/August 2001
Lodging:Rustic lodging available at Camp Duffield in dorms with showers. Sleeping arrangements are by genderonly. Families can use tent facilities. Tent camping and RV parking areas are available with bathroom andshower facilities (no water or electric hookups). Bring your own towels, sheets, blankets, etc.
Camping with hookups available at Arrowhead Camp Ground, Rt. 16 South of Delevan.
Area motels are available - please make your own reservations:Arcade Village Motel, 574 W. Main Street, Arcade, NYJosie's Brookside Motel, Rts. 16 & 39, Chaffee, NYNichols Brook Motel, Rts. 39 & 16, Chaffee, NYMicrotel Inn, 270 S. Cascade Drive, Springville, NY
716-492-3600 approx. $45716-496-5057 approx. $40716-496-7226 approx. $50716-592-3141 approx. $40
Directions:From the North - Follow NYS Thruway to Route 400S to Route 16S. Take a right on Route 39N to Savage Road. Takea left on Savage Road and head south. Savage Road will turn into McKinstry Road. Turn left on Worden. Turn left intoCamp Duffield.
OrFollow Route 16 to the light in Yorkshire Corners. Head west on Creek Road (Creek Road goes one way off of Rte. 16and Rt. 39 goes the other way). Turn left on McKinstry - there is a stop sign at McKinstry. Turn left on Worden. Turn leftinto Camp Duffield.
OrFollow Route 219 to Route 39E. Follow Rte. 39 for approximately 10 miles to Savage Road. Turn right on Savage Road.Savage Road turns into McKinstry. Turn left into Camp Duffield.
From the South - Follow Route 17/186 to Hinsdale. Head north on Rte 16. Turn west on Creek Road (Creek Road goesone way off of Rte. 16 and Rt. 39 goes the other way). Turn left on McKinstry - there is a stop sign at McKinstry. Turnleft on Worden. Turn left into Camp Duffield.
Detach Reservation Form
Reservations and cancellations must be received by Saturday, September 1, 2001
Name:Address: ---------------------------------------------------------------------
Phone:----------------------
Number of adults with lodging:
Number of adults without lodging:
Number of children:
@$50 =
@ $35 =
@$25 =Total Enclosed
Tentative choice of Saturday Afternoon Program (please circle one for each session):1:00-3 :00 Industrial Mill Tour or Wildlife Photography3:30-5:30 Industrial Mill Tour or Letchworth Wildlife Photography
Make check payable to "AFC-NYFOA." Send reservation and full payment to:Betty Densmore or Jean Preston8154 Canada Hill Road 175 Hickory Hill RoadMachias, NY 14101 Williamsville, NY 14221(716) 942-6600 (716) 688-4921
The New York Forest Owner 39:4 • July/August 2001 13
to: Dr Richard H. Zander, BuffaloMuseum of Science, 1020 HumboldtParkway, Buffalo, NY 14211. Anyquestions should be directed to: TheAmerican Chestnut Foundation, NYSChapter, c/o H.F. Darling, Jr., 131California Drive, Williamsville, NY14221, phone (716) 632-1125 .•.
REWARD FOR FINDING NEAR-ExTINCT TREES
Somewhere in our woods andforests there are hand-some trees awaiting
discovery ... with a"Supertree" rewardawaiting the discov-erer.
The Tree: theAmerican Chestnut, a once prolific treebrought to near extinction by a deadlyimported fungus.
The "Supertree" Reward: $100 forfinding a tree of over 18 inches indiameter at breast height (dbh) or $50for one over 14 inches dbh. They mustbe found in New York State during2001. The first 10 trees in eachcategory not previously recorded byThe New York State Chapter of theAmerican Chestnut Foundation(TACFNY) will be rewarded. Theproperty owner must allowaccessability for pollination and/or seedcollection.
The offer is being made byTACFNY, whose purpose is to restorefungus-resistant trees to our forests.Seeds from the new-found "Supertrees"will be planted in TACFNY SeedOrchards throughout the state. Thiseffort will preserve new genetic linesadapted to the state's environment andwill build toward an optimum geneticdiversity to withstand further ecologicaldisasters. Eventually, trees in theTACFNY Seed Orchards will be cross-bred with research-developed fungus-
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resistant trees. Thenrestoration can begin.American chestnutresearch is now on-goingat SUNY's College ofEnvironmental Science and
Forestry in Syracuse andother locations.
The last known "Supertree,"measuring 23.4 inches dbh, died duringthe year 2000 season because of thedeadly fungus. After its discovery itsupplied hundreds of seeds forTACFNY Orchards.
Probably the first indication of anAmerican chestnut tree in the woodswill be opened burs lying on theground near the tree. These burs arelights brown with long sharp spinesmeasuring about 3 inches across whenclosed. The tree has slender leaveswhich are usually 6 to 9 inches longwith pinpointed teeth. It is somewhatsimilar to the beech leaf, except thechestnut leaf is longer and morepointed on both ends. In early July thetree blossoms with creamy whitecatkins.
For verification, the claimants forthe "Supertree" reward are asked tosend several leaves from different areasof the tree, if possible, along with atwig with three or four leaves attached.If the identification is positive, aTACFNY District Director will visitthe tree to verify its location and size.Identification material should be sent
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p~ Behan Planning Associates, LLC~~:::::::::::~:.-.JPlanning CommunityFutures
What is DMAP?The Deer Management Assistance
Program is one tool that wildlife biolo-gists can use to manage white-tailed deerin New York State. This program willenable biologists to help landowners andresource managers implement sitespecific deer management on their lands.
DEC will issue a special permit anda determined number of deer tags to alandowner or resource manager, or agroup of landowners or resource manag-ers, whose property is in need of site-specific deer management efforts.
DMAP permits are valid for useonly during the open deer huntingseasons and can only be used by licensedhunters. For many, this is the 'right'time to harvest deer. Only deer withoutantlers or having antlers measuring lessthan three inches in length may be takenunder the authority of a DMAP permit.
Under DMAP, the landowner orresource manager will be responsible fordistributing the antlerless deer tags. Theywill also be required to maintain and
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submit summary reports to DEC listingthe deer taken.
DMAP will supplement not replaceDeer Management Permits and DamagePermits on specific sites.
How Can You Become EligibleforDMAP?
To be eligible for DMAP,applicant(s) must own or control lands inNew York State that meet one of thefollowing criteria:• Land where agricultural damage hasbeen documented or can be documentedby the DEC, or• A municipality that has adocumented deer problem and a DECapproved plan for deer management, or• Land where deer damage to rare orendangered plant communities has beendocumented or can be documented bythe DEC, or• Land contained in one or moreparcels totaling 200 or more acres andsharing a contiguous boundary whereforest regeneration is negatively
impacted by deer.This negative
• impact must beidentified in anexisting forestand/or landmanagement planfor the land, or
• Landcontained in oneor more parcelstotaling 1,000 ormore acres andsharing acontiguousboundary that isbeing managedfor improvedherd charac-teristics such asQuality DeerManagement
(QDM). A deer management plan isrequired.
Two or more landowners withcontiguous boundaries may cooperate tomeet the above acreage requirements tobe eligible for DMAP.
What Will DMAP Do?• Control targeted populations ofwhite-tailed deer.• Reduce agricultural and plantcommunity property damage.• Improve landowner and sportsmenrelationships. Times and public attitudeshave changed; landowners no longerprovide the level of open access theyonce did. DMAP offers an avenue forlandowners to meet deer managementneeds on their property, while providingan incentive to give licensed huntersaccess to deer and deer hunting.• Help to provide sound deermanagement practices, such as QDM, toproduce custom white-tailed deer huntingopportunities.
How to Apply• Call your DEC regional wildlifeoffice and request a DMAP application.• You will be required to submit amap of the land(s) to be included in theprogram.• You may be required to submit adeer management plan describing thebackground and scope of the deerproblem or stating the deer managementgoals.• Applications for permits valid duringthe fall big game hunting seasons must bepostmarked by September I".
Statewide 2000 DMAP SummaryIn 2000, 1,174 DMAP applications
were approved. Almost half of theapplications were new, meaning thepermittee had not applied for a DMAPpermit in 1999. Statewide, 8,011 deerwere reported taken on DMAP permitsand 58 % of all issued DMAP permitswere filled, Ninety percent of DMAPapplications were for agriculturalproblems and 6 % were for forestregeneration .•.
For more information about DMAP contactyour DEe regional wildlife office.
The New York Forest Owner 39:4 • July/August 2001 15
DamageThe immature stages of May
beetles (i.e., white grubs) feed on theroots of seedlings in forested communi-ties and often retard the establishmentof hardwood regeneration in abandonedfields. It is their damage to the roots ofconifer seedlings in nurseries andnewly established plantations in oldfields, however, that does the mostharm. After May beetles becomeestablished at a site, populations canincrease to damaging levels in only afew years. The end result can beextensive mortality of seedlings thatwere costly to produce and expensiveto out-plant. Also, significant financialimpact may result when stand establish-ment is delayed.
Maybeetles, often referred toas "June bugs" or "whitegrubs," belong to a family
characterized by a wide range of form,size and feeding habits. Most adults ofthe 1400 or so species in the familyScarabaeidae (scare-ah-bee-i-dee) areeither scavengers of dung or decayingplant material, or they are leaf feeders.An example of the former is the wellknown "sacred scarab" of the Egyp-tians. This highly venerated specieswas placed in tombs and its imagecarved in stone and precious gems. Inreality, it is a dung beetle or tumblebug! Undoubtedly this beetle plays avery important role in desert ecosys-tems (as do dung beetles everywhere),but its accomplishments hardly seemdeserving of the remarkable symbolismattributed to it by the ancients! Infact, it was not its ecological signifi-cance that attracted Egyptians to thisbeetle, but rather its habit of rollingdung into balls that were stored forfood or egg laying. The ball repre-sented the earth and, because of itsappearance (sharp projections on the
head extend outward like rays of light)the beetle personified the sun. Further,its six tarsi (tar-see) or "feet" have atotal of 36 segments which representedthe days of the month, and all individu-als were thought to be males (whichthey are not). This race of malessymbolized a race of warriors.
Most of us are more familiar withscarabs that feed on foliage. Theintroduced Japanese beetle and Euro-pean chafer (chay-fur) are commonexamples. Adults eat the leaves ofmany cultivated plants but, as manyhomeowners have discovered, thelarval stages feed on grass roots andoften kill patches of lawn. To addinsult to this injury, high populationsoften attract hungry skunks whichperforate a lawn in search of grubs.
The most important species fromthe standpoint of silviculture, however,are May beetles in the genusPhyllophaga (fye-loff-a-ga). Thisgroup contains approximately 200species in North America and Canada.
Life HistoryBeetles emerge from the soil in
spring and early summer, feed forawhile on tree foliage, mate and shortlythereafter females burrow into theground to lay eggs. Following egghatch the larval stages (white grubs)
continued on next page
Figure 1 A May beetle. Figure 2 Antenna of a typical scarab beetle.
16 The New York Forest Owner 39:4 • July/August 2001
Figure 3 May beetle eggs.
feed on fine plant roots for as many asfive years before completing develop-ment. The length of time spent beneaththe sod depends in large measure onthe species. The number of yearsrequired to complete development isalso influenced by weather conditionsand soil type.
The robust adult is 0.5 to 1.0inches long, stout, shiny, and variesfrom reddish to dark brown (Fig. 1).The terminal three segments of eachantenna are plate-like (flattened) andform a distinct club or enlargement(Fig. 2). Beetles are nocturnal andattracted to lights. On warm eveningsin late May and throughout June, they"buzz" around lighted windows and
produce an audible thud when theybump against the glass or screen.Occasionally, adults are abundantenough to noticeably defoliate trees,and large numbers of them attach tofoliage like Christmas ornaments.These conspicuous aggregations usuallyoccur at dusk, and it is at this time thatmating takes place.
The spherical eggs are pearly whiteto cream and approximately 0.1 inchesin diameter (Fig. 3).
The larva or white grub has acharacteristic "C" -shape. It is dis-tinctly swollen at the posterior end andhas a well developed head and threepair of legs. When fully grown, thelarva is 1.25 to 1.5 inches long (Fig. 4).
Figure 4 A typical scarab larva (white grub).
ManagementThe most effective way to mini-
mize losses is to carefully survey fieldsbefore planting. Grub damage,evidenced by patches of dead grass, isreadily visible in pastures or otherabandoned farm land. When grubpopulations are high it is best to delayplanting until populations subside; thatis, until there is very little evidence offeeding. Studies in Ontario indicatethat grub populations peak every threeto four years in some areas. Fieldscontaining a lot of brush or thicklycarpeted with golden rod carry lowpopulations. Grass (sod) constitutesthe ideal habitat. 4-
This is the 57th in the series of articlescontributed by Dr. Allen, Professor ofEntomology at SUNY-ESP. It is possible todownload this collection from the DEe Webpage at: http://www.dec.state.ny.us/website/dlflp rivlandljorprotlhealthlnyfo lindex. html.
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The New York Forest Owner 39:4 • July/August 2001 17
The '~Fatherof Conservation"and Mat He TaughtUs
KELLY SEVIER
President Theodore Roosevelt(TR) is heralded as "the fatherof conservation." TR wrote the
book on natural resource conservationand had the clout to accomplish it,first as governor of New York andlater as President. TR had a keenunderstanding of the true meaning ofconservation: the perpetuation ofresources through wise use. ForRoosevelt, resource conservation wasnot an end in itself, but rather a meansto increase and sustain the resourcesof our country and the people thatdepend on them. In order toimplement a national policy ofconservation, Roosevelt instituted adelicate balance of resource protectionand wise use.
As a graduate student, I enjoyedlearning about the creation of ournational forest system and the historyof the U.S. Forest Service. President
Theodore Roosevelt, concerned aboutthe trend of rampant over-harvesting,sought to greatly expand the fledglingnational forest reserves. The reserveseventually became our national forestsystem. Several presidents before TRhad set aside a total of nearly 40million acres. These actions, however,were dwarfed by the conservationefforts of TR.
While in office, Rooseveltincreased the size of the forest reservesby nearly 100 million acres. Not onlydid he fight to expand the reservesystem, but he worked hard to ensurethat the reserves would be managed ina manner that would sustain andconserve them. TR facilitated thetransfer of the administration of thereserves from the General Land Office,where it was managed by politicalappointees, to the Bureau of Forestry,where the land would be managed by
Theodore Roosevelt1858-1919
foresters. TR urged that forestry beconducted along scientific principles,and facilitated the creation of theNational Forest Service from theBureau of Forestry.
Of course, the expansion of theforest reserves did not delighteveryone. The powerful "timberbarons" of the west opposed many ofRoosevelt's actions. TheCongressional allies of these special
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18 The New York Forest Owner 39:4 • July/August 2001
interests added a rider to a 1907appropriations bill that rescindedpresidential authority to reserve land incertain states. TR, though, acted evenmore .quickly than his critics. As thestory goes, on the eve before theappropriations bill was to become law,TR unfurled a map of the existingforest reserves on the floor of the ovaloffice and outlined an additional 16million acres that would be added tothe reserves. He and his allies movedswiftly to include this additionalacreage to the system before theappropriations bill passed, much to thedismay of those who exploited theresource.
Although TR is most noted for hisforest conservation efforts, his concernfor our nation's natural resources didnot stop with just forestland. He was apioneer in water and wildlifeconservation as well. As a boy, TRspent his summers in the AdirondackMountains where his conservationistideals were formed. As governor ofNew York, he set up protections forsongbirds, initiated reforms to protectdrinking water supplies, and sought tomaintain the purity of Adirondack andCatskill streams.
TR, a man ahead of his time,understood that our natural systemsare not disconnected. The degradationof one natural resource, such asforests, would also degrade otherresources, such as water and wildlife.He cautioned, " ...various uses of ournatural resources are so closelyconnected that they should becoordinated and should be treated aspart of one coherent plan and not inhaphazard and piecemeal fashion."
Roosevelt was a visionary whoseadvice may possibly be even morevalid today than in his time. We heareveryday how the degradation of oneresource can impact another. Forexample, the unsound harvesting of aforest or untimely plowing of farmlandcan lead directly to the degradation ofwater quality as sediment runs intostreams and other waterbodies.Fortunately, there are numerousresources available to landowners to
help them realize TR's conservationethic. Here are just a few:
Determine your objectivesIf you own forestland, consider
consulting a volunteer Master ForestOwner (MFO) (see article on page 6).MFO's will walk your land with youand can help you determine yourobjectives for your land. Ownershipobjectives vary widely from person toperson. Are you interested inattracting wildlife? Harvesting timber?Maybe you simply like the solitude ofwalking quietly in your woods andwould like to create a trail or two.Once you can pinpoint what youwould like from your land, an MFOcan lead you to more resources thatwill help you realize your objectives.
Create a management planPerhaps you already know that
you'd like to harvest timber on yourland. A DEC service forester or aconsulting forester can help you createa management plan for your land. Amanagement planis a document thatguides future useof your property.A plan usuallyincludes dataabout the timberlocated on yourland and itdescribes activitiesthat will help youmeet yourownershipobjectives. Aforester can alsohelp you prepare aharvesting contractand ensure thatproper bestmanagementpractices are usedduring aharvestingoperation.Overall, aprofessionalforester can help
continued on page 20
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be left only to presidents, largelandowners, government agencies, andconservation groups. Smalllandowners, like you, can positivelyimpact our resources and contribute tothe sustainability of our forests, water,and wildlife. If you would like moreinformation on any of the tips above,
contact your local Cornell CooperativeExtension office or the NYS DEC . .,
Father of Conservation (continued from page 19)
Not only do hunters playa vital role inwildlife management but also in
wildlife restoration. Much of themoney necessary to conduct wildliferestoration and management programsoriginates from the Federal Aid inWildlife Restoration Act. This Act,
lobbied for and supported by sportsmenin 1937, places an excise tax onfirearms, ammunition and other
hunting equipment and has raisedbillions of dollars over the years forwildlife restoration. The resurgence ofthe wild turkey is a good example.
Teddy Roosevelt was a trueconservationist, but protecting naturalresources is not a struggle that should
conserve your forest resources and
protect your interests.
Plant TreesPlant trees to replace harvested
trees, and to beautify and improve ourenvironment. Contact your local Soil
and Water Conservation District forinformation. Many districts conduct an
annual seedling sale.
Encourage HuntingInvite local sportsmen and women
to hunt your land. Hunters may hold
the key to alleviating the destructiveimpacts that deer have on forest
regeneration efforts of landowners.
POSITION ANNOUNCEMENT:
Executive DirectorNew York Forest Owners Association
(NYFOA)
Non-profit organization seeks a part-time executivedirector to help expand outreach programs, supportchapter and membership volunteers, and increasemembership.
NYFOA, a statewide not-for-profit membershipcorporation, promotes private forest owners' stewardshipthrough use of desirable woodland practices. Many of itseducational programs are conducted by volunteers in 11regional chapters.
Applicant must have strong communication skills,demonstrated ability to lead organizations and work withvolunteers, ability to raise funds, and experience inplanning and executing successful action programs. Inaddition the applicant should be comfortable networkingamong persons with a range of views, educational levels,and positions and must be willing to market and promotethe organization. Familiarity with natural resource issues,organizations and action programs is desirable.
NYFOA will establish a contractual relationship withthe successful applicant. He/she will provide ownmodern office environment and will be compensated bycontract up to $25,000 annually. Arrangements for traveland other expenses will be negotiated with the contract.Flexible though regular work schedule. Successfulapplicant is expected to reside in New York State.
Direct requests for additional information to 1-800-836-3566 or [email protected]. Sendapplication letter and resume to NYFOA PersonnelCommittee, Box 180, Fairport, NY 14450 by August 1,2001.
Kelly Sevier is a MFO and an extensioneducator for Cornell Cooperative Extension ofCayuga County.
WoodlotCalendar
August 4, 2001 (Saturday)Capital District Chapter will have a family picnic/chickenbarbecue at the Yellow Rocks pavilion in John Boyd ThacherState Park in western Albany County. Thacher Park'sfeatures include views of the Hudson Valley, Vermont, andMassachusetts from the Helderberg Escarpment; the IndianLadder Trail; Long Path North; swimming; and a newNature Center. Camping is available (by reservation) atThompsons Lake State Park. For information, reservationsfor the chicken barbecue, or directions, contact Joan or HansKappel, 518-861-8753, or email [email protected].
August 5-8,2001 (Sunday-Wednesday)92nd Annual Meeting of the Northern NutGrowers Association, Inc.The Northern Nut Growers Association meeting will be held atCornell University, Ithaca, NY on August 5-8,2001. There willbe 20-25 speakers who will cover all aspects of nut tree growing.Meeting speakers' involvement in nut trees ranges from thebackyard grower, to university instructors, to commercialgrowers, to out of control hobbyist. For more information contactTucker Hill via e-mail at [email protected] by phone/fax at(717) 938-6090. Information is also available on their web site at:http://www.icserv.com/nnga/.
September 21-23, 2001 (Friday-Sunday)NYFOA Fall Membership MeetingThis year's meeting is sponsored by the Allegany Foothillsand Niagara Frontier chapters. It will be held at CampDuffield in Delevan, NY. See pages 13 and 14 for moreinformation.
20 The New York Forest Owner 39:4 • July/August 2001
Forest Landowner Tax Council
The Forest Landowners TaxCouncil (FL TC), a non-profitorganization established for the
benefit of individual forest landownersacross the country, has established itspresence in Washington, DC. Frank
Stewart has been named Executive
Director.Charles Tarver, Chairman of
FLTC's board of directors, said,"Stewart has hands-on experience with
non-industrial private forest (NIPF)
owners' concerns and issues, as well aswith government affairs, communica-tions, and association management. "
Tarver continued, "Stewart's back-ground since childhood is in forestry and
forestry-related activities, he's wellknown within the forestry community,
and there are synergies and efficiencies
created by Stewart's roles with otherorganizations inside the beltway."
Stewart commented, "I think that
FLTC's location in DC is an appropriatesetting for the organization's national
scope and mission to represent the
interests of the nation's ten million
private forest landowners." Tarver said,"Although there are regional differencesin the country among land ownershippatterns, forest cover types, timbermarkets, environmental and other issues,
forest landowners throughout the nation
face the same problems when it comes tothe federal tax code." Stewart continued,
"I'm looking forward to working withthe Tax Council and to talking with
landowners about joining the effort tobring about long-overdue changes to the
Internal Revenue Code as it affects non-industrial private forest landowners."
Stewart will be charged withmonitoring the federal government'sactivities affecting timber and timberland
taxation, building coalitions, developingnational membership, building andactivating a grassroots advocacy net-work, and handling the daily manage-ment of the Council. FLTC's mission is
to provide an effective and unified voice
for non-industrial, private forest land-
owners on federal tax issues. The
Council also provides technical researchon proposed changes in timber taxlegislation. Membership is open to allindividuals, associations, and organiza-tions interested in supporting the purposeof the FLTC.
Below is one of the issues the FL TChas been supporting. For more informa-
tion on the FLTC visit their web site at
www.jltc.org, or write to them at POBox 636, Washington, DC, 20044-0636.
Small Landowners and the Environ-ment Could Benefit from Collins TaxSimplification MeasureWASHINGTON, DC - Rep. MacCollins (R-GA) wants to prune the tax
code to simplify procedures for smalllandowners and remove incentives for
wasteful logging methods and theft.Collins has introduced H.R. 1341, a
bill that, if enacted,
would correct theInternal RevenueService (IRS) capital
gains tax treatmentof income from
timber harvested ona small landowners'
property; it modifiesIRC 631(b). Undercurrent tax law, the
IRS puts occasionalsellers of timber
under the categoryof "dealers" when itassesses the capital
gains on timberbeing sold. As a
result of thisclassification, small
landowners sellingtimber are forced tochoose "pay-as-cut"
contracts in order tobe allowed capital
gains treatment on
the income from the
sale. But, the preferable "lump-sum"
sale allows sellers less risk of waste
and theft from unscrupulous buyers.Pay-as-cut contacts allow capital gainstreatment, lump-sum sales do not. As a
result, the lump-sum seller bears all therisk with a lesser financial advantage,
while the buyers have less incentive toproperly account for their purchases or
to reduce waste. Collins' bill would fixthat.
Collins said removal of the require-
ment that non-industrial private forestlandowners retain an "economicinterest" will reduce the risk to small
landowners and greatly simplify the taxprocess. "This is a simple common
sense measure which is also supportedby the IRS itself," Collins said. "I urgemy colleagues to support this mea-
sure." A
First Pioneer Farm Credit, ACA
ink of Farm Credit when ...
uying a home • Buying a farm• Buying the neighboring woodlot• Estate planning • IRS alternate valuations• Writing payrolls • Family transfers• reviewing assessments • Leasing equipment• preparing your taxes- selling timber
Forestry consulting & AppraisalsRick Percoco, NY State Certified Appraiser #46-15788
DEC Cooperating Consulting Forester.
+Your first choice for financial solutions.394 Route 29, Greenwich, NY 12834
1-(800) 234-0269/ [email protected]
The New York Forest Owner 39:4 • July/August 2001 21
What Can New Yorl{Woodland StewardsDo For You?
When New York WoodlandStewards, Inc. (NYWS) wasestablished by NYFOA in
1997 its purpose was to be a fund-raising entity for NYFOA andNYFOA Chapters' projects, programsand events. To date it has accom-plished many fund-raising activities tohelp spread the word about thebenefits of good forest management toforest owners and the general public.
In the short time of its existenceNYWS has raised over $33,000 for
the following activities: Family ForestFair '98, Forestry Awareness Day atthe capital in Albany for the past threeyears, NYFOA 2000 Fall Conference,"Keeping Track" wildlife program,"Call Before You Cut" pamphlets,New York Forests Forever CD ROM,chapter outreach materials, productionof a video for NYS farmers - "Manag-ing the Equity in Your Woodlot."NYWS has assisted with CornellExtension satellite Downlink Programsin 2000 and 2001, and will assist withNYFOA Executive Director funding.
NYWS has also received a gift ofa 20 acre parcel of land in the Townof Willet, Cortland County which isvalued at over $13,000. This land will
be managed for timber production andwildlife habitat, and will be used as ademonstration woodlot for educationalactivities. The Central New YorkChapter is having a woodswalk on theproperty this summer.
So, what can NYWS do for you?It can provide you with a tax exemptway to donate money or forest prop-erty to increase sustainable forestmanagement practices and to increaseunderstanding of those practicesthrough NYFOA programs, projectsand events. When you make a generalcontribution, or designate yourdonation to a special project, programor event, you receive a qualified taxdonation AND help to spread the word
about the benefits of goodforest management whilehelping to sustain thenatural resource environ-ment.
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Materials submitted for the September/Octoberissue should be sent to Mary Beth Malmsheimer,Editor, The New York Forest Owner, 134Lincklaen Street, Cazenovia, NY 13035,(315) 655-4110 or via e-mail at [email protected] Articles, artwork and photos areinvited and if requested, are returned afteruse.PONDS UNLIMITED
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22 The New York Forest Owner 39:4 • July/August 2001
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