Volume Four     Number One                           Late Winter 2000

"An Act Regarding Forest Practices" is a reasonable approach to solving the problems of over- cutting and clearcutting in Maine. It addresses the issue of sustainability by making sure that cut does not exceed growth and it will ensure that clearcutting will only occur when it can be silviculturally justified.

Why Do We Need "An Act Regarding Forest Practices"?
The recent U.S. Forest Service inventory documented that Maine forests are being cut two to three times faster than they are growing back. For some tree species and in some counties the rate of cut is more than ten times the rate of growth. This can not continue. Unless cut and growth become more equal, the fiber supply will be depleted and the thousands of jobs associated with the woods products industry will be lost. Maine has been spending its forest capital faster than it has been replacing it. Like your bank account, if you continually spend more than you are depositing, you will go broke.
Most of the clearcutting in Maine is driven by short term economics, not science. There is overwhelming scientific evidence that clearcutting is devastating to forest ecosystems and that it reduces long term fiber yields. While clearcutting in response to disease or insect infestation may be warranted, the vast majority of the tens of thousands of acres clearcut in Maine annually can not be justified.

"An Act Regarding Forest Practices" Two Point Plan - Cut Not to Exceed Growth and Clearcut by Permit Only.

1. Reasonable Cut Levels - Cut Not to Exceed Growth
This provision in the Act simply requires that landowners enrolled under the Tree Growth Tax Law cut sustainably. "An Act Regarding Forest Practices" endorses Governor King's Sustainability Council's recommendation that annual cutting activities not exceed the average annual growth for the past ten years. This will ensure that cut always on average remains close to growth. For example, if a landowner's forest is growing at an average annual rate of 50 cords per year then the landowner could cut 50 cords a year. If the landowner did not want to cut every year then the growth per year could be accumulated until the landowner decided to harvest - after ten years at 50 cords of growth per year, the landowner could harvest 500 cords. Not cutting each year is like putting money into a savings account which can be drawn at some future date.
The Tree Growth Tax Law was designed to give landowners an incentive to practice sustained yield forestry. The Tree Growth Tax Law states that in order to qualify a landowner must commit to "sustained yield" forestry. While data shows that small landowners are not cutting more than is growing (so they will not be impacted by this section), the large corporate landowners on the other hand are cutting far in excess of growth rates. These landowners are getting millions of dollars of tax breaks (average tax one dollar/acre) and yet, they are not practicing sustain yield forestry. By tying reasonable cutting levels to the Tree Growth Tax Law, this will require the large corporate landowners to carry out their part of the bargain or face loosing millions of dollars in tax breaks.
2. Clearcutting Permit Required
This provision of the Act simply requires that all landowners who want to clearcut get a permit from the Maine Forest Service. This is not a ban. Currently, permits are only required for clearcuts over seventy-five acres. This is why 95% of all clearcuts in Maine are less than 75 acres - to avoid permitting.The patch work design of 35 acre clearcuts separated by 250 feet so common to the forest landscape of Maine avoids all oversight and regulation. By requiring permits for all clearcuts, Maine citizens can be sure that clearcuts will only be allowed when no alternatives exist, when no ecological damage will occur, and when they can be silvicultural justified. The Maine Forest Service will issue permits and there will be a right to appeal any permit decision.

It is important that the rules around the two point forest protection plan, be developed not by partisan interests ( no paper industry or environmentalists), but by a group of objective experts. "An Act Regarding Forest Practices" establishes a Maine Council on Sustainable Forest Management which will be composed of the Director of the Maine Forest Service, the Director of Baxter Park's Scientific Forestry Management Unit, and seven other appointments made by the Governor from the following categories: independent logger, professional forester, forest ecologist, conservation biologist, a soil scientist, a professor of silviculture, and a freshwater ecologist. The rule making will involve the public hearing process.

Text of An Act Regarding Forest Practices:

STATE OF MAINE

To the Legislature of the State of Maine:
In accordance with Section 18 of Article IV, Part third of the Constitution of the State of Maine, the undersigned electors of the State of Maine, qualified to vote for Governor, residing in said state, whose names have been certified, hereby respectfully propose to the Legislature for its consideration the following entitled legislation:
"An Act Regarding Forest Practices" The full text of this Act is printed on this petition.
DO YOU FAVOR REQUIRING LANDOWNERS TO OBTAIN A PERMIT FOR ALL CLEAR-CUTS AND DEFINING CUTTING LEVELS FOR LANDS SUBJECT TO THE TREE GROWTH TAX LAW?

"An Act Regarding Forest Practices"
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12MRSA sec.8869,sub-secs.13 to 15 are enacted to read:
13. Reasonable cutting levels. In accordance with the Governor's Maine Council on Sustainable Forest Management report of July 1996, total cutting activities and cutting activities for each species group may not exceed sustainable cutting levels for any rolling 10-year average. This means that the yearly allowable cut levels may not be greater than the average annual growth during the past 10 years. This subsection applies only to landowners who are enrolled under the Maine Tree Growth Tax Law.
14. Clear-cutting permit required. A landowner shall obtain a permit from the Maine Forest Service prior to undertaking cutting activities that will result in a clear-cut. Prior to issuing a permit for a clear-cut, the Maine Forest Service shall determine that the clearcut is silviculturally justified, that there are no reasonable alternatives to the proposed clear-cut and that no undue adverse ecological damage will result from the clear-cut or the clear-cutting activities. There must be public notice of any permit application and an opportunity to appeal any decision by the Maine Forest Service on permitting.
15. Rules. A Maine Council on Sustainable Forest Management appointed by the Governor shall establish rules, which are major substantive rules pursuant to Title 5, chapter 375, subchapter II-A, implementing subsections
13 and 14 through the public hearing process. In addition to the Director of the Maine Forest Service and the director of Baxter Park's scientific forestry management unit, the
council consists of one representative from each of the following categories:
A. Independent logger;
B. Professional forester;
C. Forest ecologist;
D. Conservation biologist;
E. Soil scientist;
F. Professor of silviculture; and
G: Freshwater ecologist:
All rules must be consistent with and guided by current scientific research. Rules must be established no later than 6 months after the effective date of this subsection.