HISTORIC TREE PRESERVATION MEASURE NOW LAW

New York State Governor David Paterson signed the "Bruce Kershner Heritage Tree Preservation and Protection Act" into law on September 5, 2008. The measure, sponsored by Senator Mary Lou Rath (R-C-I, Williamsville), chair of the Senate Tourism Committee, and Assemblyman Sam Hoyt (D, Buffalo, Grand Island), is aimed at protecting the remaining old growth trees and forests in New York State.

According to Fred Breglia, ISA Certified Arborist at the Landis Arboretum, "This law was something that was desperately needed," said Fred Breglia of the Landis Arboretum. "Its passage is the first step in preserving the remaining stands of old growth that are left in New York. Hopefully other states will look to New York as a role model for the development of similar laws. Working with Senator Mary Lou Rath and Assemblyman Sam Hoyt to help create this very important law is just one of the many ways the Landis Arboretum (The Capital Regions Arboretum) is helping to foster the appreciation of trees and their importance in our environment." Mr. Breglia also is President of the New York Old Growth Forest Association, which he cofounded.

Bruce Kershner, of Amherst, passed away in February 2007. He was an award-winning environmentalist and author of 12 nature books, including The Secret Places of Western New York and Southern Ontario.

Bruce Kershner was a staunch advocate for our old growth forests," said Senator Rath. "He discovered over 300 old growth forests across the northeast, where no one believed they still existed. By preserving and protecting these remaining forests, including the Zoar Valley, this measure is intended to carry on Mr. Kershner's efforts."

It is estimated that there are approximately 400,000 acres of old-growth forest in the state, primarily in the Adirondacks. Western New York, including smaller areas and the Zoar Valley, has over 700 acres.

Although most of the primeval forests that once covered New York State and the entire Northeast were cleared many years ago as settlers first moved west to develop farms and communities, there still remain small vestiges of this original forest tucked away in overlooked corners of the state. Originally most remained uncut because the terrain where they are located was so challenging that logging was impracticable and farming impossible. Over the years, owners have continued to leave these woods essentially untouched either through oversight or a desire to protect this unique asset. Many exist within public lands across the state, including the Adirondack Park, Allegheny Park, Letchworth Park and parts of the Zoar Valley.

The bill focuses on the concept heralded by Mr. Kershner that if these forests are allowed to be destroyed, they are probably gone forever, and are certainly not replaceable within our lifetimes, or the lifetimes of our children, grandchildren, and great-grandchildren.

The bill also adds old growth forests to lands deserving protection in the State Nature and Historical Preserve, the highest protection afforded to the unique treasures of our state.

In addition to a providing a link to our past, these trees represent an important part of our future," said Rath. "From a tourism standpoint, people are attracted to these forests and the beauty and sense of wonder they inspire."

The bill is the first of its kind in the United States.

The Landis Arboretums coordinates the Eastern New York Old Growth Forest Survey Team. This group of experts seeks out and records old growth forests in eastern New York for the purpose of study and preservation. In addition to this valuable work, Landis is a member if the North American Plant Collections Consortium, which participates in efforts to develop practical actins to safeguard plant diversity by international agencies and governments around the world. These efforts are supported by a wide variety in institutions, organizations and other groups. Botanical gardens and arboreta worldwide have become important centers for conservation and have proven to be a major force in protecting plant diversity

Among the Arboretum's horticultural features are its collections of Notable Trees, the Flowering Ornamental Tree and Shrub Collections, Tough Trees for Tough Sites and the Conifer and Oak Collections. The signature Great Oak is one of the largest plants of its species in the Capital Region. The Van Loveland perennial garden, located in front of the farmhouse, is a seasonal favorite with visitors.

In concert with its outstanding natural heritage collections, the Landis Arboretum is steward and guardian to two old growth forests (see initial description and a focal point of researchers from across the United States.) Even as the deep snows of last winter blanketed the Arboretum, scientists at Norte Dame contacted Landis for cuttings to further that university's scientific studies of the population genetics and genomics of red oaks.

Red oaks (sometimes called black oaks) are native only in the Americas, with almost all species located in North and Central America. The eastern United States is home to more than a dozen red oak species. Among the most common in the central Midwest are northern red oak, black oak, and pin oak, shumard oak and scarlet oak. This group of oaks provides us with a hard, beautifully grained wood for floors, trim, furniture and cabinets. Red oaks serve as shelter for wildlife and the acorns are a major source of food for squirrels and blue jays during the winter and early spring.

The Notre Dame study is focused on generating DNA genetic fingerprints from populations of northern red oak throughout its vast range (the eastern half of the United States except for the Gulf coast and southern Florida). These fingerprints will reveal how much genetic diversity, a measure of species health, still exists and whether northern red oaks from different regions are genetically distinct. This information will help foresters and land managers design sustainable forestry management plans for this species.

The study also includes the genetic relationships among the red oaks and the white oaks. These studies will help unravel the mystery of which group of oaks evolved first, where the oaks grew during the last glaciation event in the eastern United States (the Wisconsinian) 20,000 years ago and how the oaks migrated to occupy their current ranges. This information will enable us to more accurately predict changes in native ranges as the oaks adjust to rapid climate change.