ESFPA E-News

Constable Chronicles: Into the Adirondack Wilderness

In case you missed it, or would like to share it, here is the link to the video recording of Wednesday night’s presentation about the second-generation Constable Hall children and their adventures into the western Adirondacks.  Remember to check the Tug Hill Commission’s YouTube Channel and website for all of our past presentations (including the first five “Constable Chronicles” webinars) and trainings. And of course, for additional information on Constable Hall, please visit their website.  

Keep an eye out for the Tug Hill Commission’s next historical webinar set for January 29^th. This time, we will be traveling to Turin, New York, for a hybrid webinar on the fascinating history of Snow Ridge from the 1940s to present day. Registration information and further details will be available in the coming weeks. 

Commentary: We Must Balance Clean-Energy Goals with Energy Needs

by Heather Briccetti Mulligan

With its passage in 2019, New York's Climate Leadership and Community Protection Act represents a commitment to renewable energy and a low-carbon economy, mandating 100 percent renewable power by 2040, an 85 percent reduction in greenhouse gas emissions, and net zero carbon emissions by 2050.

While these environmental and energy initiatives continue to have broad support, there is a disconnect between big-picture policy goals and their potential impact on individuals, jobs, and employers. Rhetoric has typically blamed global warming on "oil companies," "utilities," and "corporations," suggesting the response will be targeted mandates. The reality is that achieving the CLCPA's objectives will impact all New York consumers and businesses, as well as government, from construction and building operations to the types of products we use and how we move people and goods around the state.  

Significant changes will include a shift to all-electric vehicles (and electric system upgrades necessary to keep them charged), a mandate that new homes and offices be zero emission (using heat pumps, electric heat, and other technologies instead of natural gas or oil), and restrictions on a wide range of gasoline and natural gas-powered appliances and equipment.

Increasingly, New Yorkers are growing concerned about the practicality and cost of this transition. We have already seen how market disruptions can impact energy supplies, costing families more money to power their vehicles and turn heat and electricity on in their homes. The state's private sector is also seeing a bump in costs to heat offices and power our industries. These cost increases are driven in part by policy decisions made at the state level already in place, and the cost trajectory will be steeper as the CLCPA is implemented.

The Climate Action Council, a 22-member committee tasked with developing a CLCPA implementation plan, is scheduled to issue a final "scoping plan" on December 19. This document should answer some, but not all, of the broad questions of how New York will transform its energy systems and significant components of its economy. In particular, the cost of transition, how it will be paid for, and by whom are issues that have received too little focus in the council's process.

Likewise, the question of whether the state can ensure reliable and affordable energy during the transition has yet to be adequately addressed.

The Business Council, on behalf of its more than 3,000 statewide members, supports a cleaner energy future. However, it is essential that the state's path forward be workable and affordable and ensure all sectors have access to sufficient, reliable, and affordable energy.

While we move toward increased reliance on renewable power generation, maintaining a safe and reliable energy infrastructure is crucial to meeting New York's future energy needs, especially when dealing with ever-changing extreme weather events. Among other things, New York's resilient natural gas system will continue to be necessary to ensure balance and stability until transitions to solar and wind and its storage needs are complete. 

Recently, The Business Council joined a coalition with organized labor and energy producers to emphasize seven common-sense principles to guide implementation, including maintaining a safe and reliable energy infrastructure; explaining the economic impacts on consumers and businesses; creating quality jobs; and supporting fuel and technological diversity. Our group reflects shared support for both a low-carbon future and a workable, affordable implementation strategy that avoids harm to households, workers, and employers.  

We all have the same goal, but to accomplish it, we need significant investments in resilient energy infrastructure, transparency in costs, and diversity in fuel technologies during this transition.

Rail Strike to be Averted: Biden to Sign Bill

by Josh Boak

President Joe Biden is signing a bill Friday to avert a freight rail strike that he said could have plunged the U.S. into recession.

The White House said that Biden would sign a measure passed Thursday by the Senate and Wednesday by the House that binds rail companies and workers to a proposed settlement that was reached between the rail companies and union leaders in September.

Members in four of the 12 unions involved rejected the proposed contract, creating the risk of a strike beginning Dec. 9 that the government has likely staved off with the bill signing. A freight rail strike also would have a big potential impact on passenger rail, with Amtrak and many commuter railroads relying on tracks owned by the freight railroads.

The president has said that a strike would have sunk the U.S. economy, causing roughly 750,000 job losses as the work stoppage ruptured supply chains for basic goods, food and the chemicals needed to ensure clean drinking water.

Rising prices already have many Americans afraid of a coming downturn, but the U.S. job market has been steady. The government reported Friday that employers added 263,000 jobs in November as the unemployment rate held at 3.7%.

Though Biden is a staunch union ally, he said the rail order was necessary to prevent a strike.

The Biden administration helped broker deals between the railroads and union leaders in September, but four of the unions rejected the deals. Eight others approved five-year deals and all 12 are getting back pay for their workers for the 24% raises that are retroactive to 2020.

But the absence of a meaningful increase in paid sick leave and other quality-of-life issues was a key concern for many union members whose votes were required for the settlement. The railroads say the unions have agreed in negotiations over the decades to forgo paid sick time in favor of higher wages and strong short-term disability benefits. Union members say railroads could afford the paid leave given their profit margins.

House Democrats narrowly adopted a measure to add seven days of paid sick leave to the tentative agreement, but that change fell eight votes shy of the 60-vote threshold needed for Senate passage.

Biden-Harris Administration Announces $20.5 Million in Grants to Protect Water, Increase Wood Processing Capacity

 On November 17, 2022, the Biden-Harris Administration announced $20.5 million in grants to help states or federally recognized tribes establish temporary bridge programs to protect water resources during forest-related operations and to assist wood processing facility owners to establish, reopen, retrofit, or expand. The grants are focused on sawmills or other wood processing facilities that purchase and process byproducts from forest restoration activities in areas of severe fire risk and insect or disease infestation.

The funds, made available by President Biden’s Bipartisan Infrastructure Law, support the U.S. Department of Agriculture’s efforts to ensure tribes and historically marginalized or underserved communities receive equal access and opportunities to funding and programs, and to support community efforts vital to forest health. This funding opportunity also follows through on President Biden’s Executive Order directing USDA to scale up rural economic development and Agriculture Secretary Tom Vilsack’s direction to the Forest Service to find new ways to use byproducts from landscape improvement and wildfire mitigation projects to enhance carbon sequestration while creating jobs and economic opportunities.

“We are working to increase economic opportunities for rural and tribal communities adjacent to national forests and grasslands,” said Forest Service Chief Randy Moore. “Our tribal, state and wood processing partners are working in the woods every day to improve forest health and protect water resources. Today’s investments will expand these opportunities and provide much needed financial resources to restore and conserve our forests.”

The $20.5 million being committing in fiscal year 2022 includes:

• $12.5 million targeted as financial assistance for owners of facilities that purchase and process byproducts from forest restoration projects including thinning, wildfire resilience activities and habitat management. Owners must identify how their work will use byproducts from areas of high or very high risk of severe wildfire or insect and disease infestation based on the high priority firesheds identified in the Forest Service 10-year Wildfire Crisis Strategy or by using the Wildfire Risk to Communities and National Insect and Disease Risk maps.
• $8 million is available to states and tribes to support the establishment of temporary bridge rental, loan or cost-share programs to protect water resources and reduce water quality degradation during forest-related operations. The funding is to help states and tribes create a program that provides portable skidder bridges, bridge mats or other temporary water crossing structures to loggers and others working in forests areas. These bridges will minimize damage from trucks and other equipment in forested areas, especially sensitive wetlands.

As an example, in 2022, the San Carlos Apache Tribe was awarded $1 million as part of the Forest Service Community Wood Energy and Wood Innovations grant program to purchase a lumber dry kiln and planing mill. The funding will help the Tribe improve forest management while providing significant employment opportunities for tribal members.

More information about these funding opportunities is available at the Forest Service website and on Grants.gov.

USDA touches the lives of all Americans each day in so many positive ways. Under the Biden-Harris Administration, USDA is transforming America’s food system with a greater focus on more resilient local and regional food production, promoting competition and fairer markets for all producers, ensuring access to safe, healthy and nutritious food in all communities, building new markets and streams of income for farmers and producers using climate-smart food and forestry practices, making historic investments in infrastructure and clean energy capabilities in rural America, and committing to equity across the Department by removing systemic barriers and building a workforce more representative of America. To learn more, visit www.usda.gov.

Workforce: A Challenge for Everyone

by Lindsay Warness  | FRA Western Region Manager

Workforce shortages are a challenge for everyone, especially in the timber industry, and the past few years have been challenging to say the least. The COVID pandemic, coupled with the continued aging of the baby boomer generation, has made succession planning, workforce recruitment, and talent development complicated and, at times, overwhelming.

In today’s changing work environment, people continually look for perks such as working from home and a flexible schedule. Fortunately, there are many different opportunities in the industry that provide a multitude of various benefits. The question is how we talk about the timber industry in a way that highlights the benefits and competes (effectively) in the job markets for high-quality candidates.

In Northeast Oregon, some companies have tried a new approach to various industry opportunities and showcase career paths that may be outside the regular college path. “After the retirements of several loggers in our area, a collaboration of individuals from Boise Cascade, Manulife, ODF, OWIT, and Woodgrain met and deemed it was time to speak to the kids and not just tell, but also show them the opportunities to work in the woods and be a part of the climate change solution,” shared Melissa Fullerton, President of Oregon Women in Timber and Comptroller, Woodgrain Lumber and Composites. In a partnership between Hagedorn Logging, Oregon Department of Forestry, Woodgrain, and Boise Cascade, they invited a local forestry class from La Grande High School to come on a field tour and discuss “jobs in the woods.” There were approximately 20 students who attended this one-day field tour to experience an active logging job where students could see the operation up close and hear about a day in the life of the operators.

The students spent the morning at a working logging site where they could get up close, observe some of the equipment in action, and learn about the technology that enables these loggers to merchandise these trees for their highest and best value. Many students took advantage of the opportunity to get warm by jumping up on the cab to see the engine and bask in the heat. 

They were also able to see all the technological advancements in the machinery and better understand how these machines have advanced to increase workers’ safety, comfort, and efficiency. Students were amazed to learn about the cost of machinery and the career opportunities that provided an alternative educational path to college while providing a family-wage job with benefits and overtime. 

Some things that I learned:

1. Building a relationship with your local high school teachers and school boards is essential to encourage them to showcase the industry as a viable career opportunity.
2. It is vital to have multiple people tell their stories about how they got to the job they are in. Each person has a different story and pathway.  
3. Engaging kids and asking them questions to get them thinking about the industry is critical.

Overall, this was a great effort to showcase the jobs in the woods, and the team is organizing a second field tour to showcase opportunities in the mill. Initiatives such as these grow the community and highlight our industry’s positives, helping build a pipeline of recruits.

Endangered Species Status for Northern Long-Eared Bat

Federal Register 11/30/22 

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Final rule.

SUMMARY:

We, the U.S. Fish and Wildlife Service (Service), reclassify the northern long-eared bat ( Myotis septentrionalis), a bat species found in all or portions of 37 U.S. States, the District of Columbia, and much of Canada, as an endangered species under the Endangered Species Act of 1973, as amended (Act). Our review of the best available scientific and commercial information indicates that the northern long-eared bat meets the Act's definition of an endangered species. Because we are reclassifying the northern long-eared bat from a threatened to an endangered species, we are amending this species' listing on the List of Endangered and Threatened Wildlife to reflect its endangered species status and removing its species-specific rule issued under section 4(d) of the Act.

DATES:

This rule is effective January 30, 2023.

Response to comments: On forest management activities and the 4d rule:

(21) Comment: Several commenters stated that the Service should state that forest management activities that comply with the existing 4(d) rule are not likely to cause take.

Our Response: When this final rule goes into effect, the species-specific rule issued under section 4(d) of the Act (“4(d) rule”) that was associated with the northern long-eared bat's threatened species status will be null and void and will be removed from the Code of Federal Regulations. The 4(d) rule for the northern long-eared bat did not prohibit take that may occur during certain tree removal activities in certain locations, provided the activities complied with the conservation measures in the 4(d) rule. Although the 4(d) rule did not prohibit this take, the Service did not determine that take is not likely to occur during such activities. Many of the actions excepted by the 4(d) rule may actually cause take, so we are unable to do what the commenter requested. For example, it is possible that tree removal activities could result in take if an unknown but occupied roost tree is cut down while northern long-eared bats are present. If any private entity is concerned that they may be engaging in an activity that will result in take of a northern long-eared bat, they should coordinate with their respective Service field office.

(25) Comment: One commenter requested that emergency work ( e.g., hazard tree removal, storm restoration), that was allowed under the 4(d) rule, should continue to be allowed.

Our Response: A 4(d) rule is a tool provided by the Act to allow for flexibility in the Act's implementation and to tailor prohibitions to those that make the most sense for protecting and managing at-risk species. This rule, which may be applied only to species listed as threatened, directs the Service to issue regulations deemed “necessary and advisable to provide for the conservation of threatened species.” The Act does not allow application of 4(d) rules for species listed as endangered; thus, the 4(d) rule will be nullified.

However, Section 7 regulations recognize that a Federal action agency's response to an emergency may require expedited consultation and such provisions are provided at 50 CFR 402.05.

We recommend coordinating with your respective Service field office (see as soon as practicable after the emergency is under control.

Available Conservation Measures (portion)

It is our policy, as published in the Federal Register on July 1, 1994 (59 FR 34272), to identify to the maximum extent practicable at the time a species is listed, those activities that will or will not constitute a violation of section 9 of the Act. The intent of this policy is to increase public awareness of the effect of a final listing on proposed and ongoing activities within the range of a listed species. Based on the best available information, the following actions are unlikely to result in a violation of section 9, if these activities are carried out in accordance with existing regulations and permit requirements; this list is not comprehensive:

(1) Minimal tree removal and vegetation management activities that occur any time of the year outside of suitable forested/wooded habitat and more than 5 miles from known or potential hibernacula. We define suitable forested/wooded habitat as containing potential roosts ( i.e., live trees or snags greater or equal to 3 inches in diameter at breast height that have exfoliating bark, cracks, crevices, or cavities), as well as forested linear features such as wooded fencerows, riparian forests, and other wooded corridors. Individual trees may be suitable habitat when they exhibit characteristics of potential roost trees and are within 1,000 feet (305 meters) of other forested/wooded habitat (USFWS 2022, pp.16-17). We broadly define hibernacula as caves (or associated sinkholes, fissures, or other karst features), mines, rocky outcroppings, or tunnels.

(2) Insignificant amounts of suitable forested/wooded habitat removal provided it occurs during the hibernation period and the modification of habitat does not significantly impair an essential behavior pattern such that it is likely to result in the actual killing or injury of northern long-eared bats after hibernation.

(3) Tree removal that occurs at any time of year in highly developed urban areas ( e.g., street trees, downtown areas; USFWS 2022, p. 17).

(4) Herbicide application activities that adhere to the product label, occur outside of suitable forested/wooded habitat, and are more than 5 miles from known or potential hibernacula.

(5) Prescribed fire activities that are restricted to the inactive (hibernation) season, provided they are more than 0.5 miles from a known hibernacula and do not result in changes to suitable forested/wooded habitat to the extent that the habitat becomes unsuitable for the northern long-eared bat.

(6) Activities that may disturb northern long-eared bat hibernation locations, provided they are restricted to the active (non-hibernation) season and could not result in permanent changes to suitable or potential hibernacula.

(7) Activities that may result in modification or removal of human structures provided: (a) the structure does not provide roosting habitat for northern long-eared bats, or (b) the results of a structure assessment indicate no signs of bats.

(8) Wind turbine operations at facilities following a Service-approved avoidance strategy (such as curtailment, deterrents, or other technology) documented in a letter specific to the facility from the appropriate Ecological Services field office.

(9) All activities (except wind turbine operation) in areas where a negative presence/probable absence survey result was obtained using the most recent version of the rangewide northern long-eared bat survey guidance and with Service approval of the proposed survey methods and results.

(10) Livestock grazing and routine ranch maintenance.

(11) Residential and commercial building construction, exterior improvements or additions, renovation, and demolition in urban areas.

(12) Mowing of existing (non-suitable forested/woodland habitat) rights-of-way.

(13) Maintenance, repair, and replacement activities conducted completely within existing, maintained utility rights-of-way provided there is no tree removal or tree trimming.

(14) Maintenance and repair activities conducted completely within existing road or rail surface that do not involve tree removal, tree trimming, or blasting or other percussive activities.

Based on the best available information, the following activities may potentially result in a violation of section 9 of the Act if they are not authorized in accordance with applicable law; this list is not comprehensive:

(1) Unauthorized collecting, handling, possessing, selling, delivering, carrying, or transporting of the species, including import or export across State lines and international boundaries, except for properly documented antique specimens of this taxon at least 100 years old, as defined by section 10(h)(1) of the Act.

(2) Incidental take of the species without authorization pursuant to section 7 or section 10(a)(1)(B) of the Act.

(3) Disturbance or destruction (or otherwise making a hibernaculum no longer suitable) of known hibernacula due to commercial or recreational activities during known periods of hibernation.

(4) Unauthorized destruction or modification of suitable forested habitat (including unauthorized grading, leveling, burning, herbicide spraying, or other destruction or modification of habitat) in ways that kill or injure individuals by significantly impairing the species' essential breeding, foraging, sheltering, commuting, or other essential life functions.

(5) Unauthorized removal or destruction of trees and other natural and manmade structures being used as roosts by the northern long-eared bat that results in take of the species.

(6) Unauthorized release of biological control agents that attack any life stage of this taxon.

(7) Unauthorized removal or exclusion from buildings or artificial structures being used as roost sites by the species, resulting in take of the species.

(8) Unauthorized building and operation of wind energy facilities within areas used by the species, which results in take of the species.

(9) Unauthorized discharge of chemicals, fill, or other materials into sinkholes, which may lead to contamination of known northern long-eared bat hibernacula.