Board of Forestry
Minutes
December 15, 2003

The Board of Forestry met on December 15, 2003, at the Department of Forestry Central Office in Charlottesville, Virginia.

Convene Meeting

The formal Board meeting began at 10:07 a.m. on December 15, 2003. Those present were: McChesney Goodall, III, Melvin L. Harrell, R. Easton Loving, Michael Gordon McGlothlin, C. Harrell Turner, Anitra B. Webster, and John M. Carroll and Donna Hoy with the Department of Forestry.

Call to Order

Mr. Turner called the meeting to order.

Ms. Hoy called roll.

Recognition of Guests and Visitors

Mr. Turner welcomed Glen Worrell, Association of Consulting Foresters; Cliff Rexrode, Association of Consulting Foresters; Greg Brown, College of Natural Resources, Virginia Tech; Matt Poirot, Department of Forestry; Gerald Gray, Virginia Forest Watch; Paul Howe, Virginia Forestry Association; Jim Mooney, Virginia Loggers Association; Sam Austin, Department of Forestry; Wilmer Stoneman, Virginia Farm Bureau.

Approval of Minutes

Mr. Turner asked if there were any corrections/deletions to the September 30, 2003 minutes distributed earlier. Hearing none, Mr. Turner stated that the minutes would stand approved as recorded.

Hearing of Citizens and Delegations

Mr. Gray stated that Delegate James Dillard has been asked to sponsor legislation during the 04 General Assembly Session. The proposed legislation will address the notification law to have the General District Court judges to handle non-notification and for the Department to issue summons for failure to notify. If they don't prepay, they can go to court before a judge. The costs would be paid to the court, and the proceeds from the fine would go to the Department of Forestry.

The other proposed change is the information received from the logger is insufficient and is not an adequate description of where the property is, who the landowner is, who the timber owner is, etc. The only information they have is the information required by law for notification. They will propose that the State Forester decide what information he wants and in what form.

Mr. Gray stated the proposed legislation would allow Mr. Garner to charge for the cost of administration of the notification program, as well as the inspections conducted on the notifications.

Mr. Gray reported a timber theft proposal is being developed for the 2004 General Assembly. The purpose will be to put the burden on the landowner to establish the boundary lines, as well as the person who will engage in the timber cutting activity. Also, will clarify the person whose land is being cut is the one who is responsible in the event of trespass, that individual is also responsible, not just the logger conducting the activity. This proposal is still in the drafting stage.

Mr. Goodall expressed concern about landowners whose timber hadn't been surveyed for a long time because the cost to get it surveyed would be enormous. He questioned if there was an alternative or formal consent form that the landowner could sign agreeing with the boundary. Mr. Gray felt this was a good point.

Mr. McGlothlin suggested that a copy of the tax map marking the area to be timbered and send to adjoining landowners giving them a set number of days to dispute the area marked. Mr. Turner and Mr. Gray stated the tax maps weren't always accurate and should not be used. Mr. Loving stated that landowners who did not want to see trees cut adjoining them, they could oppose and claim a boundary line was improper knowing that is wasn't to delay the timber sale for a period of time until the market passes by. He also stated that there were few landowners that could go to clerk's office and pin down every adjoining landowner like an attorney can. Mr. Loving restated a point that Mr. Gray had made earlier about Department of Forestry employees having to do that and how involved it was and now he was proposing that a non-industrial private landowner do the same thing, which would require an attorney.

Mr. McGlothlin stated that the timber theft problem is not coming from the major timber companies, but is coming from a small group of individuals who do not timber by best management practices, don't follow water quality, etc. He questioned how to eliminate those individuals without penalizing the legitimate industry.

Ms. Webster requested that Mr. Gray provide the Board with a copy of the draft legislation. Mr. Gray stated it is still in the drafting stage, but he would share with the Board. Ms. Webster also stated that landowners could notify adjoining landowners now, if they so desired, that they were planning to cut. She felt that was common sense and did not necessarily need to be put into law, but promoted as good management practices. Mr. McGlothlin stated that the law if passed correctly is all common sense, but there are individuals that do things that do not constitute common sense and the law is there to correct or penalize them. Ms. Webster restated her interpretation of the proposal that the landowner bares the final burden and are the ones that will be sued if there is a trespass. She questioned if it needed to be put into law if landowners are properly educated and emphasis was placed on good business for them to follow specific guidelines. Mr. Gray stated that the current law was written many, many years ago and doesn't fit the current timber theft issue.

Information Items

Mr. Austin, Hydrologist with the Department of Forestry, gave a PowerPoint presentation to the Board on the Water Quality Audit Report. The Water Quality Audits have been done for 10 years. This audit was completed June 2003. The audit involved 30 randomly selected timber harvests from the Department's Information Management System. The categories used for this audit were Effort, Implementation, and Effectiveness. These categories are ranked from 1 (poor) to 5 (excellent). This audit showed that Effort has increased from 2.9 to 3.1. 34 percent of the harvests met Best Management Practices specifications. 10 percent had sediment loading at the time of inspection. 10 percent showed the potential for sediment from surface runoff. The trend of this audit showed implementation had increased and sedimentation had decreased.

The statistical summary report will be ready for distribution early in 2004 and the Board will receive a copy.

Mr. Poirot spoke to the Board about the recent USFS Water Quality Program review he had recently participated in. Virginia asked to be one of the first states to be reviewed in order to see where the Department was compared to other states, which is the purpose of the reviews.

The Department of Forestry gave an overview of the Water Quality Program, the water quality laws, notification process, audit process, etc. One day was a field trip where they looked at a riparian buffer tract, a perfect Best Management Practices tract, looked at one that was less than perfect, a site where legal action had been taken under the Water Quality Law.

The USFS generated a "draft" report of recommendations. Once the Department receives the final report, copies will be shared with the Board.

Some of the recommendations were

• Need to have a Lead Forester -- Matt Poirot is that individual.
• Needs an Education Training Component -- the Department works closely with Virginia Tech on the Sharp Logger Program educating loggers. Also have internal and external training beyond the Sharp Logger Program to get the word out.
• Need to have a Complaint/Conflict Resolution Process -- the Department has one.
• Need to comply with Southern Group of State Foresters (SGSF) Best Management Practices (BMP) Mode Framework. USFS reported that the Department has provided monitoring results on a regular basis since 1994. Results were provided on full implementation, partial implementation, and effort shown in BMP category effectiveness. The report stated that the Department does not fully conform to the SGSF framework. Statistical evaluation reporting is summarized and not submitted by category. Their recommendation was to modify the current reporting to make it more consistent with other southern states.

The report stated, "the Department of Forestry has a long and successful history of implementing their BMP program. It is clearly one of the most advanced state programs in the region. Virginia's requirements for preharvest notification and the process in place to ensure BMP implementation are unique in the south, yet appear to be well understood by state personnel and accepted by the regulating community. Statewide implementation of monitoring and reporting consistency with the Southern Group's framework reflects obviously the high degree of professionalism found during the visit. It is the single most significant recommendation to improve an already outstanding program."

Mr. Mooney participated in the review as a representative of the Water Task Force and the Virginia Loggers Association.

State Forester's Report

Mr. Carroll reported that Governor Warner's budget will be released Wednesday, December 17. The Department's funding needs list, in priority order, was given to each member.

A new Human Resource Director has been hired. Debbie Howe came to the Department from the Department of Corrections.

Interviews were being conducted for the Training Coordinator position. The Department is hopeful to have someone on board in January.

Forester and Technician interviews were held earlier in the month to fill some vacancies. Will hire 3 foresters and 3 technicians.

Orientation for new employees is planned the week of January 12, 2004.

Action Items

Ticer Study: Each Board member was given a copy of the "Draft Resolution for Study" in their packets. The Resolution requests the Board of Forestry to make a report to the Chair of the House Agriculture, Chesapeake and Natural Resources Committee and the Chair of the Senate Agriculture, Chesapeake and Natural Resources Committee. Mr. Loving felt this study was an opportunity to do so much more than protect water quality and the protect the private non-industrial forest landowners from timber theft, etc., and he strongly endorses the study and suggested the Board endorse and move forward. Mr. Goodall agreed with Mr. Loving. He stated this was an "umbrella" way of promoting the conservation of a lot of things if we can protect our forestry, then will protect water quality, wildlife habitat, etc. Mr. Goodall requested the Department provide the Board with a copy of the Minnesota Tax Incentive Law.

Mr. Carroll reported that the Department already had a lot of the data needed to develop the report. Ms. Webster moved that the Board take a proactive position on following through with Senator Ticer's Resolution for Study. Mr. McGlothlin seconded the motion. The motion passed.

Funding Commission: Secretary Murphy submitted the Funding Commission report to Governor Warner on October 9. General and non-general fund recommendations were included. The General Fund recommendations were unanimous. The main recommendation was no further budget cuts be taken within the Secretariat of Natural Resources, as well as the Department of Forestry. In addition, a plan was included to restore $22 million to the Secretariat of Natural Resources in 2004-2005 and an additional $27 million in 2005-2006. This did not include restoration of positions lost, but would focus on Natural Resource priorities in restoration of those funds.

The Department of Forestry, although not in the Secretariat of Natural Resources, needs were specifically mentioned.

The Non-General fund side proposed four different fees: water utility fee, recording fee, tipping fee at landfills, and a petroleum fee. The group was not unanimous on these fees.

There was specific identification of programs benefiting the Department of Forestry for some of these increases, particularly, Forest Legacy match and some money for riparian forest buffers.

Timber Theft and Trespass: Mr. Turner asked Mr. Howe to talk about legislation that the Virginia Forestry Association (VFA) is working on. VFA established a Woodland Security Task Force several years ago to look at the problem, primarily in Southwest Virginia, of timber trespass and timber theft. Mr. Radspinner had attended the September Board meeting and discussed timber theft and a recent study by Dr. Mortimer with Virginia Tech. The consensus of the Task Force was that the current statute did not adequately cover an injured landowner seeking restitution for damages.

One recommendation in this study was to develop a system of mandatory restitution incorporated into the timber theft law, encourage criminal prosecution, State Forestry agencies be given responsibility and authority to investigate timber theft. Another recommendation dealt with civil statutes that were currently inadequate in many states. The recommendation was to adopt stricter civil statute where landowners are guaranteed triple stumpage. They felt this change would serve as a stronger deterrent for timber theft and timber trespass. It was also recommended that information be disseminated to landowners, law enforcement officials, and prosecuting attorneys on various aspects of timber theft.

The biggest obstacles in prosecuting the cases studied were proof of intent and lack of defined boundaries.

Mr. Howe distributed a "DRAFT" copy of the proposed legislation to all members. They are trying to include trespass and theft in the same Code section. Mr. Howe stated it might not be possible to combine the two. The intent of the legislation is to specifically deal with ways to arrive at the value of the timber illegally harvested and defines proper fines and penalties and mechanisms for applying the penalties. They also want to minimize the burden on innocent landowners by focusing on the person(s) or company(s) involved in a trespass.

Mr. Howe reported support for this draft legislation from the Agri-Business Council and members of the Forestry Issues Council were favorable at their last meeting. Mr. Howe asked the Board of Forestry to support this effort to strengthen timber theft and trespass in Virginia. Mr. Loving made the motion to endorse the efforts underway by Virginia Forestry Association to strengthen the Code. Mr. McGlothlin seconded the motion. All members were in favor.

Mr. McGlothlin commented that he felt the fine for intentional versus accidental should be different. He didn't feel the innocent person that makes a mistake should pay less than the individual who intentionally stole the timber. Mr. Howe stated he would make a note and bring back to the group for discussion.

The Board sub-committee on timber theft will meet on January 14, 10:00 a.m., at the Department of Forestry Central Office in Charlottesville.

Pollard Bill: Mr. Howe gave an overview of the bill and its content. He stated that the Virginia Forestry Association would probably not support the bill. When discussed by the Forest Issues Council, they did not see the need for additional reporting. Mr. Turner stated that without the Board having a copy of the proposed bill, this issue would be tabled until a copy of the bill is received.

Soil & Water Conservation District Concerns: The Board members were given a copy of a proposed change to §10.1-1163 to add language to have a plan submitted by the landowner and forwarded to respective county planning department of local conservation district for agriculture activity or subdivision of their land.

Cabinet Secretary of Ag & Forestry: Mr. Turner reported he had heard there would be a push to get this position. Mr. Stoneman stated there has been a recommendation by the Rural Prosperity Commission to move forward. The hold up has been the concern with lack of funding. The Rural Prosperity Commission, Senator Hawkins and Delegate Landes believe they have found a way to do it. Each plans to put in legislation. Mr. Turner stated this would continue to be an agenda item until something happens one way or the other.

Committee Liaison Report

Land Conservation Committee: Mr. Goodall talked with the Chairman of the Virginia United Land Trust and mentioned the possible study for tax incentives for long-term holders of forestland. Mr. Goodall feels like this would be an avenue to circulate some ideas and get feedback concerning their ideas. Ms. Webster asked if it would be possible to get a list of those involved and some specs for the group.

Forest Products Association: Mr. Harrell announced some upcoming events for the Forest Products Association. January 30 - February 1, the annual convention in Williamsburg and June 4-5 the Richmond Expo at the Raceway Complex.

Virginia Loggers Association: Mr. Loving reported the Loggers Association held their first annual meeting, but that he was unable to attend. The next meeting will be January 10, Southwest Virginia, off Exit 70 on I-81. This group was very instrumental in helping with Hurricane Isabel relief work in Southeast Virginia in obtaining weight exemptions to haul hurricane damaged timber.

Other Business

None.

Scheduling of Next Meeting

The next meeting of the Board will be January 27, 2004, 9:00 a.m. at the Virginia Forestry Association Office in Richmond. This meeting will coincide with the 2004 General Assembly Session.

Mr. Turner stated that members should have received an invitation to the Environment Virginia Conference in Lexington on March 30-April 1, and requested feedback on whether to hold a meeting in conjunction with this conference. The topic for this year's meeting is "Economics of Land Conservation".

Mr. Carroll stated that Dr. White had volunteered to host the Board during the spring. Mr. Loving suggested, if agreeable with Dr. White to host a future meeting, that the Board hold a meeting in conjunction with the Environment Virginia Conference.

Adjournment

There being no further business, Mr. Turner made a motion that the meeting be adjourned. The meeting was officially adjourned at 12:40 p.m.

Respectfully submitted,
Donna Hoy
Recording Secretary

c: Board Members
Dr. Gregory Brown, VPI
Mr. J. R. Bush, VFPA
Mr. Paul Howe, VFA
Mr. Cliff Rexrode, ACF
Ms. Maxine Kenny, WMMT News
Mr. Steve Brooks, Virginia Forest Watch
Ms. Ann Duff, Smurfit-Stone Container Corporation
Mr. Jim Mooney, Virginia Loggers Association
Mr. Gerald Gray, Virginia Forest Watch
Ms. Donna Pugh-Johnson, Virginia Agribusiness Council
Ms. Martha Moore, Virginia Farm Bureau Federation
Mr. Roger Sherman, MeadWestvaco Corporation
Ms. Staci Henshaw, Auditor of Public Accounts
Mr. Charles F. Finley, Jr., Forest Landowners Association

NOTE: Tapes of Board meetings are on file in the Office of the State Forester.

Last modified: Friday, 07-Mar-2008 19:13:21 UTC