1 S ePtember ePtember 2013 2013 v v o o l l u u m m e e 4 4 9 9 n n u u m m b b e e r r 9 9 T T o o A A d d v v e e r r t t i i s s e e C C a a l l l l : : ( ( 8 8 0 0 0 0 ) ) 4 4 6 6 2 2 - - 8 8 2 2 8 8 3 3 Prsrt std u.s. Postage PAID PerMit no. 178 saLeM, or Loggers WorLd PuBLiCations 4206 JaCkson HWy. CHeHaLis, Wa 98532-8425 LOGGING & CONSTRUCTION INC. Problem Solving... log Y ard run-off Creative thinking and a consortium of three private businesses working together find a practical solution that works well for Hermann Bros. .......See Page 16
log Yard run-offCreative thinking and a consortium of three private
businesses working together find a practical solution
that works well for Hermann Bros. .......See Page 16
(this column originally appeared in theaugust 1974 edition of Loggers World.)
“Two-Bit Editorial”
‘didja’ notice i’m a nonconformist? i keep myhair pretty much at crew cut length (that
which is present and accounted for), my sideburnsend above the ear lobes and i’m too lazy to mani-cure a moustache or beard. i dislike flared trouserlegs and double knit slacks or suits. ican’t force myself to wear a striped tiewith a plaid jacket.
i started smoking cigarettes againwhen the government decided to protectme by forcing tobacco companies to makethat asinine declaration on each package.i used cyclamates up until the last pack-age disappeared from the shelves and itear up all those nicey-nice intereststatements tacked to my charge accountbills.
i haven’t written a single letter toralph nader, i don’t complain about theneighbor’s barking dog and i haven’t protected myright to keep my little .22 revolver by joining theassociation to keep and Bear arms. (Hell, i don’teven subscribe to the national rifleman.)
i don’t protest at Planning Commission meet-ings when the guy next door wants to build ahouse on his lot, i haven’t signed a petition to re-move a police chief in more than a decade, and i’venever called my service station operator a dirtys.o.b.
i don’t put bumper stickers on my car andhaven’t even given a thought to where would bethe most significant forum for a “streak.”
Heck, i’m so straight and non-conforming that ieven vote a straight ticket, complacent in the beliefthat i know more about my political philosophythan i ever will about the candidates and thechances of my voting for “the best man.”
Just goes to show youhow far a non-conformistcan sink these days, es-pecially as you reachthat “middle stage”where you are well es-tablished in work thatabsorbs your interestand delivers a comfort-able existence. one getsa little heady with all thepower and satisfactionfrom feeling that hardwork and good sense stillpay off.’
i do subscribe to thetheory that we have too much government byabout two thirds. every time i think about toomuch government it reminds me of the fellowtelling the story about the dog making love to theskunk. dog said, “i believe i’ve had about all ofthat i can enjoy.”
that’s the way i feel about lots of things thatthe government is shoving down our collective
throats.the strange thing is that i never can
find out who is responsible. i spendsome time and effort working on this. icall on departments to find out aboutthings. i go to the meetings where theloggers, the timber purchasers and theforest service all sit down and discussmutual problems. the forest serviceusually agrees with most of the sugges-tions and then finishes with a state-ment that goes about like this: “Weagree. that would be a good program.unfortunately the Congress has deplet-
ed our budget and our manpower. We would like tocooperate with you but we have neither the moneynor the people to do it.”
Went to one meeting where there were 17 reps.of the forest service, about five timber purchasersand about ten logging operators. the f.s. mightnot have people enough to do the work but theysure as hell have people to go to meetings.
Back to the discussion. anything bad that hap-pens is always someone else’s fault. the civil ser-vants say, “i can’t agree with you more but it isn’tmy fault. the legislature passed the law and ihave to enforce it, don’t you see?” so i go to see amember of the legislature and he says that lawwas passed over his very strong objection. funnything here. a law got passed and every single oneof the lawmakers were against it. or every singleone i could find anyhow.
you know what we’ve got? We’ve got a bunch ofinvisible people who no one knows that are passinga bunch of laws. Could they be people from outerspace?
i don’t like government agencies that get andpossess too much power. no one should ever havethe power to be the arresting officer, the judge andthe jury. yet what is osHa but that? they ferretout the infraction (if there isn’t one they mightimagine one), then they fine you and declare youguilty all at one time. there isn’t anything rightabout that.
osHa has one of the sorriest records of anygroup in existence. they can’t agree among them-selves: they haven’t got a clear set of rules to go by.some of their people have as their goal a monthlygoal of fines instead of any sort of safety goal. theyare a sorry lot. they need to get thrown out, thelaws should be repealed and we should go back toour state safety organizations. i believe that.
Politics
idon’t know what my politics are. if i go to ameeting of very liberal people i sit in the meet-
ing and mentally pick out the B.s. from their argu-ments and mentally cite case after case that won’twork.
if i go to a meeting of very conservative peoplethen i do the same thing in reverse. Have come tothe conclusion that i’m inconsistent in my politicalbeliefs and have a strong tendency to agree withthe last people i talked to.
i can’t stomach the argument that the govern-ment can cure all our ills. i’ve seen too many gov-ernment bureaus, agents and people that weredamned fools. i’ve observed too many governmentprograms that worsened rather than helped thesituation.
yet i can’t agree with those that want no gov-ernment. i have also seen different governmentagencies that did improve conditions and helpstraighten out messes.
the ting that hangs me up the highest is talk-ing about the “good old days” like they had noproblems then, that justice was available to every-body, and that everyone was honest and kept hisword. i don’t believe that people were ever morehonest than they are right now-or more crooked ei-ther.
the point we tend to forget is that we have aheck of a lot more people. People break the laws,foul the water, ruin the environment, make noise,steal from each other and do all sorts of good andbad things. the more people the more problems.
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2
RiggingShack
“Classic”
FINLEY HAYS
loggerS WorldPublished by loggerS World PubliCationS
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COVER PAGE PICTURE: STEVE OWENS setting up a brush pile foreasy access and loading of Hermann Bros. Peterson 5710C grinder,which is remote controlled and fed by shovel Sonny Ritchie, the side rodon this chipping side. Owens started logging out of high school in 1973,and worked for Hermann Bros operating feller buncher from ‘84 to ‘96,then logged in Minnesota 13 years before returning to this crew a fewyears ago. Hermann Bros. had another similar chipping side and one log-ging side in addition to their log yard, and the chipping operation there,running a ring debarker in Port Angeles, and have 40 “revenue” trucksand chip trailers, along with two lowboy trailers, and three log trucks.
See “Seeing the OppOrtunity,” Starting on page 4.
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The ImPoSSIble wIll TAke A bIT...StartS on Page 2 of log TruCker – by Mike Crouse
rIggIng ShACk “ClASSIC” – by Finley Hays
“Seeing the oPPortunitY”HerMann Bros. Logging • Port angeLes, WasHington
Problem Solving
rounduP
aS We See it...
oPen CarrY – by William Perry Pendley
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Member and Supporter of theAmerican Loggers Council Since 1994
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from their 1958 entry into thelogging business with the pur-
chase of a used front end loader fortheir firewood business the HermannBrothers (Bill, fred, and steve Her-mann) have been both customer andsolutions oriented, always open tonew methods, new technology andpushing the edge of the business en-velope, a tradition which continues tothis day.
Bill Hermann credits the attitudeon two factors: the first being theirparents. “What my dad always said:‘do what you do, do well boys,’” Her-mann said adding, “...and ‘talk ischeap, but it takes money to buywhiskey,’ and that fits us perfectly.”
the second factor: the business,competitive and logging environment
the Hermann’s were a part of on theolympic Peninsula of Washingtonstate once they started their profes-sional logging careers both from otherloggers and from Pope and talbot log-ging supervisor (for their area, out ofPort gamble) and forester MiltPhilbrook, who inspired and encour-aged not only Hermann Brothers, butthat entire generation of Peninsulaloggers. “He helped and encouragedus to be probably the most creative onthinking in our logging techniques,”Hermann explained with a smile.“never, when we came up with thesehair-brained ideas did he discourageus. old Milt was good for the indus-try,” and still an inspiration decadesafter his death in 1989.
“We started doing firewood in1958,” Hermann explained. “i fell thetrees (because i was the only one whocould start the 30-lbs.(four-horse-pow-er) 430 McCullough saw), fred ranthe tractor and steve marked the fire-wood,” which continued from whenthey were in middle school throughhigh school. in the beginning, theirfather, who farmed and had logged af-ter arriving from north dakota in1937 for glen Corning, would lend ahand, “...splicing cable, or how to cuta tree, he’d help,” Hermann said smil-ing. “then we started doing it,”adding, “...we do ok with figuringthings out.”
following high school both Bill andfred served in the navy, “...and stevewent to college.”
“We knew this is what we wantedto do from the start,” Bill Hermannemphasized. “other than that time inthe navy, i’ve never had a paycheckfrom someone else.”
upon returning from the service,“we had enough money we bought a
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n Circle 169 on inquiry Card – Pg. 27
4
(Continued on Page 8)
See “hermann Bros.”
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BIll AND FRED hERMANN, along with younger brother Steve, start-ed their logging careers in 1958 cutting firewood. Following highschool both Bill and Fred served in the Navy, “...and Steven went tocollege.” When they returned home they became full time loggers,starting hermann Bros. logging and Construction in 1968. “We knewthis is what we wanted to do from the start,” Bill explained. Fred her-mann is the company’s president.
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MARTY FORD drives the No. 777 her-mann Bros. ‘06 Kenworth T800 with 60-ton Trail King lowboy trailer for the pastthree years. he grew up in Forks in alogging family saying, “my father andbrothers were all loggers.” hermannshave a larger 75-ton General Trailerlowboy as well, “...it has a Jeep and asingle axle booster,” he explained. Fordmakes his home in Port Angeles.
JOhN EUBANK is a long timefriend of Bill hermann’s and a re-tired fruit grower who lived a num-ber of years in Chelan, Washing-ton. he’s worked for hermannBros. a few years back in the 80sand after retirement has worked forthem again the past 12 years,“...flagging, getting parts, whatev-er’s needed.”
TRAVIS PETERSON works in theirshop. “I’m the knife sharpener andall around ‘do what it takes’ guy,”he said in his seven years withthem. he was working with their re-built knife sharpener, “...it shoulddo eight 15-inch knives at awhack,” he explained. Their soonto be installed chipper uses 20knives total.
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n Circle 171 on inquiry Card – Pg. 27 n Circle 172 on inquiry Card – Pg. 27
SONNY RITChIE operates hermann Bros.DX300ll with Doosan boom and Young brushgrapples to feed the remote control Peterson5710C grinder, which he also operates (upperleft). he joined the crew in 2001, learning thebusiness from his father and is “at least a thirdgeneration logger,” he explained. he runs thissite, and there’s a second shovel working, “...setting me up sowe can walk on,” and keep everything moving. he explainedthis chipper has “...hammers on the outside, knives on the in-side, and hammers in the middle,” that works very efficiently.
GARY CRABB drives hermann Bros. No. 487 2009 Pe-terbilt Chip truck with a Force Steer Western Trailerchip van, one of five they have. he’s been driving truckfor 35 years, the past 11 for hermann Bros. he was get-ting three loads a day from this chipping location.
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n Circle 173 on inquiry Card – Pg. 27 n Circle 174 on inquiry Card – Pg. 27
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ANDY BICKAR operates hermann Bros. 2007 Kenworth W900,with a Cat 550 engine, pulling a Force Steer Western Trailer chipvan. he’s logged the past fortyyears and rejoined the companyabout four years ago. he’s athird generation logger.
STEVE Owens was operating theDooson DX300ll with Doosanboom and Young brush grapples,picking up, building piles and set-ting up for the shovel that feedsthe grinder. he’s logged since highschool graduation in ‘73 and hadrun their feller buncher from ‘84 til‘96, returning from 13 years in Min-nesota a few years ago.
skidder, then shortly after found an-other (skidder) and just like that wehad two,” and began the logging busi-ness full time in 1968.
Hermann’s expended from groundbased to tower logging in 1971 buying
a 78 Washington skyline, then addedadditional towers as the opportunitypresented itself. “We had three orfour high leads at one time,” Her-mann explained, “in addition to a cou-ple of skidder sides.”
around 1976 their operations werebusy enough that Bill Hermann wasin the offices full time handling the
business side of operations, whilebrother (and company president) fredran the woods operations along withyoungest brother steve.
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n Circle 175 on inquiry Card – Pg. 27 n Circle 176 on inquiry Card – Pg. 27
ROB PRICES runs hermann Bros. only logging side, seenhere operating this Madill 3800C shovel with Young grapple
“...that has 30,000 hours on it. We’ve replaced acouple motors, a track motor, a little welding,pumps, normal stuff,” he said. “It’s been a goodmachine.” Prices has logged 29 years, the past17 for hermann Bros. he’s a third generationlogger, who grew up in Forks and lives in PortAngeles now. “We get out a dozen loads a day,”he said of the two-man operation. “Occasionallywe have a third shovel but that’s rare.”
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hermann Bros.
(Continued from Page 4)
(Continued on Page 10)
See “hermann Bros.”
ShAWN JONES DRIVES hermannBros. 2006 Kenworth W900 with aCat 625 power plant, and pulling aless than 7,000 lb. log trailer. he’sbeen with the company the past 20years and noted he’s, “...logged aslong as I can remember. I do what-ever: drive dump truck, run chip-per, whatever needs to be done.”
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ahallmark of the HermannBrothers is their willingness to
new equipment, a new method, ornew approach both in relationship tochanging markets and to maintain acompetitive edge. their vision is con-sistently looking towards the future.
“We had our first feller buncher in‘78,” Hermann explained, “a drott 40with a shear head.” their willingnessto try new approaches brought a callfrom Caterpillar to see if they’d helptest their prototype Cat 227 feller
bunchers. “they brought us two, seri-al numbers one and two, and wantedus to put as many hours on them aswe could,” Hermann smiled. With afew modifications to the original de-sign, they eventually purchased themachines. over the years, their in-ventory included feller bunchers fromMadill, timberjack, and allied (whosefour-track steep ground feller buncherwas highly innovative at the time) inaddition to an array of bar saws thenrotary felling heads to hot saws.
in 1989 they took another innova-tive step into thinning operations as a
ADAM BROOKS operates the hitachiEX450lC carrier with Young boom andWaratah hTh624 Super dangle head proces-sor on hermann Bros. logging side, whichhas 17,000 hours on it. he’s logged the pastthree years, and had operated shovels priorto joining hermann Bros. a year ago.
BUD SWEGlE falling an alder on the hermann Bros. logging sideexplained, “...I kinda fall trees on the side for hermann Brothers,”but primarily drives truck and kinda manage the hog fuel grind-ing stuff and do that. I used to log for myself on the side, and ranhermann’s buncher at the time,” he explained. he’s a third gener-ation logger and grew up in Port Angeles.
better approach to land management.“to get started,” Hermann explained,“we took a timberjack feller buncherand added a (dangle-head) processorto it,” which worked very well, and asthey learned they expanded furtherinto cut-to-length harvesting systems.“We used the timberjack clam bunkskidders,” at one point he explainedand, “...eventually we took the grap-ple off and put on the bunks, so weworked gently into that. We thinnedfor a lot of years with those things.”
their ongoing willingness to ex-plore different options and approach-es has kept them on the leading edgeof a vastly changing industry throughthe history of the company, such thatover the years we (Loggers World)could have done a story on their com-pany every few years and had an en-tirely new look, but always with aconstant vision towards the future.
Today’s company
hermann brothers has beenboth creative and diverse in their
operations from relatively early intheir history. they’ve been “...makingchips for Port townsend Paper since1984,” Bill Herman explained, andhad moved to the present site 13-years ago in 1990.
they run and man, and operate adebarking operation in downtownPort angeles for Monroe LLC whoowns the ring de-barker, “...but noth-ing else,” Hermann explained. “He’dseen us work and we’ve known himforever. He asked if we’d considerrunning his de-barker operation forhim,” and they have ever since, usingsome of their own loaders, and such tofacilitate operations. “...we handle it,we take care of it.”
the interfor sawmill in Port ange-les has chip bins that need to be mon-itored and cleared on a regular basisas well, which can vary. “they don’twant to be down due to full chip bins,”Hermann explained. “We put in radarmeasuring systems in the chip binsthat tells the chip levels in the bin,and that information transmitted tous over the internet. our truck dis-patcher knows the status of thosebins, full or partial. We don’t let those
bins fill up.” each of their trucks isgPs equipped, thus “....we knowwhere the trucks are and we handlethose bins,” keeping the mill runningsmoothly.”
Where they’d been out of the logtrucking business for a number ofyears, all of the chipping, and lumberhauling brought them back into haul-ing chips and lumber.
thus when the economy began toseriously stutter and the mills wereclosing in 2008, Hermanns foundthemselves well positioned for transi-tion.
Pleasant coincidence
“When the economy sloweddown and the mills slowed
down, we were already in the chip-ping and truck business,” Hermannexplained. “the mills didn’t slowdown, but their supply of raw materi-als did, and the saw mills weren’t pro-ducing the residual chips they hadbeen.”
at the same time, logging hadslowed considerably as well, “...so alot of our guys from the woods retiredand/or some would go to work making
chips, hog fuels, or driving trucks forthe mill, so we filled a void that oc-curred because the economy sloweddown. there was a lot we were al-ready set up for us to fill (that void).Chipping, trucking, making the hogfuel,” he said smiling, “it just kindaworked out for us this time around.”
their logging operations havescaled back to a single logging side,with two biomass sides, which areidentical: Peterson 5710C grinders,and two shovels.
Fuel management
“We do a lot of fuel manage-ment,” Hermann explained,
noting “...we have a process we gothru making hog fuel, prepping itat\head of time, puffing brush pilesto dry out best we can, so when we’reready the shovel, the feeding machine(loading the grinder) is not holdingthings up. they get loaded and awaythey go.”
When taking care of the brushpiles they handle them all, large and
SIX OF ThE EIGhT herman Bros. mechanics keep the fleet of 40 “rev-enue” trucks, assorted shop trucks, logging and biomass equipmentrunning well. (left to right) Scott hilliard has been part of the crew thepast three years and “does a bit of everything.” Jake Wyatt is one of thefield mechanics and has been wrenching the past 10 years, five yearswith this crew. Scott Reidell started as a mechanic at 18, went to schoolat Sequoia Institute of Technology, and has been here the past fouryears. Gary Neske has wrenched all his life, and is a structural welder. “Ido a bit of everything like everyone else,” he said. Jeff long is a 40 yearveteran mechanic and been with this crew the past 2 1/2 years. To theright is Thor Gunderson, their head mechanic who’s been with hermannBros. the past 20 years. he attended Universal Technical Institute.
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n Circle 184 on inquiry Card – Pg. 27
hermann Bros. just added to their shop building this past winterdoubling its size and adding some much needed space to handlethe 40-trucks along with support vehicles the keeps hermann Bros.humming.
Contact: Kevin Zender (360) 319-7973Rod Hansen (360) 520-6849
SCOTT REIDEl brings down this hermann Bros. tractor and (empty) chipvan fully suspended with the six of their ARI-hetra mobile hoists, whichlift the entire vehicle fully into the air for servicing, “...all hooked togetherin sequence,” said Reidel. Bill hermann explained, “...we lift a lot oftrucks, each of them is picked up off the ground and serviced everyweek,” easier to service the truck, and safer for the mechanics as well.“With these hoists you can do the height the individual mechanic likes,get your tool box, drag it in with you, and everything is right there.”
JASON ThOMPSON, safety officer forhermann Bros., joined the company asa truck driver six years ago and hasbeen their safety officer the past four,working both with loggers and truckers.To his left is Mike hermann, companyVice President, involved in “...every sin-gle aspect,” of the operations. he spenta couple years at Peninsula College tak-ing bookkeeping, and started full timewith the company in 1995.
small, handling materials efficiently and methodi-cally. “some of the best fuel we get is from the land-ings (brush piles) up on a mountain. its positiongets it dried naturally,” Hermann said. “We’d takeone shovel on top for the grinder, while the secondshovel starts half way down the brush pile handingmaterial up to the higher loader. When it’s cleararound the hill he’ll then take the bench he’d loggedon top of and clear that out too. on that one landingwe removed 100 loads of fuel. it would have burnedotherwise, and had it burned so close to town wouldhave been a lot of smoke. this way.. the materialwas gone, it was good fuel, and we got back a lot oftrees (from planting ground that would have beenleft fallow).”
He explained noting, “...we found that brushpiles cover 2-4% of the ground after logging. andwhile burning is ok, it’s just a waste of a resource.the benefit of using it and the 2-4% of the groundbeing planted is like 2-4% (additional) return onthat investment.”
‘We’ve also done some log butt recovery,” Her-mann explained, noting they were not the first to dothat, and that they’d bought the first truck for thisfrom Joel olsen out of Clatskanie, oregon whosedone that for some while. “We found out that, ton-nage-wise, each one of our chunk trucks recoversthe equivalent of two-million bf of lumber in ayear’s time. We haul 14,000 tons per truck load peryear, and those chunks go to the yard, we split it upand make chips. there’s good value to them.”
the “natural transition” by Hermann Brothersfrom logging to chipping and related operations,came at a very opportune time given a dramaticallychanging economy. “it turned out to reduce thecompetition for the few logging jobs there were,which let some loggers who’d been our competition
have places to work,” Hermann noted, “and itworked nice for us to vacate that (part of the mar-ket) and fill a void. it was a good set of events thathappened unintentionally, unplanned, and itworked out.”
The log yard
While their office remains at the family’shomestead farm outside Port angeles, the
heart of operations is now on the 45-acre log yardestablished in 1990 and located within the eclipseindustrial Park just outside Port angeles. the fourprimary structures on the log yard including the de-barker/chipper, the trucking office (and part ownerMike Hermann’s office), the water treatment plant(See “log Yard run -off” starting on Page 16)and the largest structure on site: their recently ex-panded five-bay shop building whose expansion wascompleted this past winter. the eight mechanics,including a full time field mechanic, keep the 40-working, and ten service/shop trucks along with thelogging, chipping, shovels and processors operatingat full capacity.
each of the trucks is serviced weekly using ari-Hetra mobile lifting systems hoists. “the safetypart of these hoists is important,” Bill Hermannemphasized. “during the winter in particular,”when it’s cold, dark and wet, the mechanic’s able toeasily move in and around the entire machine inrelative comfort (far more so than working on acrawler beneath the unit). “i like that brand,” hesaid, “and we’ve had it a long time. We lift a lot oftrucks; each of them is picked up off the ground andserviced every week.” the mechanics can, “...gettheir tool box, drag it in with you, and everything isright there. With these hoists you can do the heightyou like, and it’s all so handy.”
another factor in the Hermann Brother’s shop,“We own every shop truck and every single tool thatthey use. all they bring is themselves and theirgloves,” Hermann said. “and we let the guys stockthe tools as if they were their own. if they want aparticular brand, we’ll buy it.”
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For owners of logging companies Washington L & I can cost well
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ThE OFFICE functions well with Shauna Anders(standing) and Kim Tomajko. In 2006 they start-ed using Keystone software, which was recom-mended by a local trucking firm, Atlas Trucking.In addition they use a Excel for spreadsheets,and “...this thing called ‘Shared,” which allowsher to share files but not change the file. Toma-jko runs the office and has been with hermannBros. the past 9 1/2 years. Anders works parttime.
their newest service truck was justawaiting finishing touches when wearrived. “it’s a tandem axle shoptruck,” Hermann explained. “What’sreally unique is we had them put aman lift on one corner of box and acrane on the other side, so we doaway with a ladder.” roy nelson,with nelson truck equipment Co.made the conversion. the dual axle islicensed to haul 65,000 lbs. and withthe crane and the hoist on the sameunit increases safety and utility.
they have 40 “revenue” trucks andat least 40 chip trailers, which in-cludes “...six live bottom trailers, ei-ther shuffle floor or live-bottom,” Her-mann explained. they have twoheavy haulers, up to 11-axles, twodump trucks, a cab-over live floortruck for beauty bark, hog-fuel, etc.,“...for the consumer market,” and onetruck and trailer roll-off, for the roll-off boxes used for chunk hauling, andthree logging trucks.
“We were down to two lumbertrailers, now we have six or seven,just because we can see the mill needstrailers.”
Mike Hermann handles all thetruck dispatching, both within thecompany and hauling for outside con-tractors. “When a guy calls and wantsa truck he’ll either tell him no or ‘i’lldo it,’ so the guy knows right at thetime, what the answer is,” Hermannexplained.
seven years ago Hermann Broth-ers added gPs systems to each oftheir trucks, which provided an unex-pected benefit. “our insurance compa-ny said if we had a system the insurercould see we’d get a discount (whichthey did),” which yielded “... a 17%discount on truck insurance. it tracksthe speed, habits of drivers, and itssupposed to track things like mainte-
nance, etc.,” He added. “We use quitea bit of that for route planning,” andtaking advantage of unexpectedchanges and opportunities throughthe course of a day. “i really like it.”
they also discovered efficiencies intruck mileage. “Last year for drivinghabits, speeds, and trucks going theright rpms, we’ve increased our fuelmileage 0.4 of a mile per gallon. incash calculated out to $207,000 forthe year by improving driving habitsand maintaining 1200-1400 rpms.”
“We have a few trucks with auto-matic transmissions: two t660 ken-worths with ultra-shifts, 13-spd.transmissions but no clutch pedal inthe truck. all their new trucks are“kit trucks,” which they install en-gines in, and all new trucks are or-dered with disc brakes.
Hermann Brothers remains athree-way partnership with company
President fred Hermann, Bill Her-mann, and Mike Hermann.
Bill Hermann just smiles whenasked about the future. “i don’t get upin the morning with a master plan forthe whole day. i just enjoy what i’mdoing and know there’s enough thingsthat come up to take care of i won’trun out of things to do for the day. itdoesn’t make any sense to be so dis-appointed with a plan that doesn’twork out that way. roll with the plan,do the best you can, learn from mis-takes and successes, then try to makemore successes.”
“for the future: it’s a longer visionof the daily operations. the economyslumped and we did something differ-ent. We were able to see the opportu-nity at the time and try to make thebest of it. its kind of the way we are.”
hERMANN BROS. newest service truck,which they’ve recently rebuilt after 1.4million miles as a chip truck, is built onthe 2001 mainframe of this T800 Ken-worth. “We painted the cab, put a newseat in it,” Bill hermann explained. “Ithad a good engine, transmission, rearend... a lot of guys see it and think it’s anew shop truck.” Perhaps its mostunique feature is having both a craneand a man-lift on the same truck, whichRoy Nelson, with Nelson Truck Equip-ment (Seattle/Auburn) built and in-stalled. “It will get you 34-ft. off theground, and the crane extends to thesame height. The man-lift bucket ro-tates 320 degrees around that (10,000lb.) boom.” The dual-axle truck is li-censed for 50,000 lbs. and with all thatit hauls there’s still “...plenty of room tohaul too. It just makes all the sense inthe world,” he added. “One of thebiggest plusses, is the safety aspect.You do away with the ladder, and havethe guys in a much safer working envi-ronment. Prior to this we took twotrucks out, one with a hoist.”
by mike Crouse
in the business of logging youfrequently hear, “...the difficult
we do immediately; the impossibletakes a little longer.” solving thepoint source pollution issues from alog yard water run off certainlyseems to fit that category and whobetter to find a workable solutionthat some with a logging back-ground?
Hermann Brothers moved theirlog yard to the 45-acre site withineclipse industrial Park (just out-side Port angeles) in 1990, where inaddition to the log yard they alsohave their maintenance shop, their
chipper facility and Mike Her-mann’s office/lunch and meetingroom, which is the home for theirfleet of some 40 “revenue” trucks.the log yard takes most of the siteand is not paved, and it’s the waterrun-off from this site that falls un-der Washington state’s departmentof environmental Quality (deQ)regulation and water quality stan-dards.
roughly a decade prior theWashington deQ began surveyingindustrial sites on water run off: thenumber of sites, how much waterflows from that site, where the wa-ter goes, how that storm water maybe impacting any other water tribu-
taries, and finally requiring run offwater samples (to be sent to thedeQ office) after every major rainevent.
the following year Hermann’s re-ceived a letter saying, “...the stan-dard we’ve established for Logyards is 25 ntus (numeric turbid-ity unit),” and Hermann para-phrased, “...and according to the re-sults, some of the samples you’veturned in are not complying. in or-der to continue to have storm waterleaving your property at less than
ThE INTERIOR of hermann Bros. water treatment facility lo-cated on their log yard at the Eclipse Industrial site just out-side Port Angeles. While the pumps, piping and filters do a lotof the work, the sensors and monitors, which control and au-tomate the plant are another key to a workable solution.
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BIll hERMANN inside their logyard run off water treatment plantwith his hands full of Chitosan, awhite powder made from finelyground crab shells, and a key“flocculent” that was instrumentalin bringing their water “run off” in-to compliance.
prOBlem SOlving....
LOG YARD RUN-OFFCreative thinking and a consortium of three private businesses working togetherfind a practical solution that works well for Hermann Bros. log yard water fun-off.
25 ntu, you’re going to have toclean up the storm water.”
“so Mike (Hermann) called thedept. of ecology and asked what weneeded to do to comply and theiranswer was, ‘we don’t know, butyou have to try. since you failed thetest results you’re going to have tofile an action Plan telling us whatyou’re going to do to try to comply,”Herman explained. they also foundthat no one had a proven and opera-tional solution in existence.
that led to their establishing set-tling ponds and working to under-stand the issues with water run off.
The big problem
“We found out that from logyards or any activity that
has to do with organic matter, partof what runs off is organic andthey’ll never settle,” said Hermann,
“they’ll sit in suspension ‘til theyrot. they just sit there and float. sothe big problem was how do you getthe organics out of the storm water.We tried many routes, varyingchanneling and flocculants and theykind of worked on a smaller scale,but getting it to work up to scale asfast as it would rain,” didn’t work.
a key element is Chitosan (crabshells finely ground to a powder), a“floculant” that lumps the small or-ganic particles together so they cansettle out rather than float on thewater. “it has to be mixed with thewater at a very high rate, so it’s dis-persed completely through the wa-ter. it has to contact all the organ-ics.”
on the 45-acre site, which is 70%impermeable, “...one inch of raincan result in a half million to a mil-lion gallons of run off per inch ofrain,” said Hermann. “the waterrunning off at this speed, turns outto be somewhere in the 500-600 gal-
lons per minute. We’d tried three orfour test systems to see if we couldget this to clean up and saw nonecapable of working on this scale.”
A consortium
the breakthrough came infinding other companies willing
to collaborate. “a couple years agowe ran across the guys from osW(oSW equipment and repair,inc., Woodinville, Washington),”Hermann said. “they had an idea
how they could possibly enhanceone of their water filtration typeunits (used to clean up along free-ways so you can work and extendthe operating season for dirt work).We asked them to bring a watertreatment facility to us so we couldtry it, but they were not a bigenough company to build a unit on
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ThE WATER TREATMENT PlANT for the hermann Bros. log yard isadjacent to the yard and surrounded by three ponds: the first canhold 750,000 gallons of run off from the log yard, a second settlingpond after treatment, and a third settling pond where the treated wa-ter is then recirculated back through the sand filters, “that takes thelast bit of organics out.”
n Circle 187 on inquiry Card – Pg. 27 n Circle 170 on inquiry Card – Pg. 27
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this scale.” He noted it was clear atthat point, “...we needed to take achance on somebody and they need-ed to take a chance with us. We de-cided to go in a working arrange-ment with them where we’d pay forthe plant, they’d do it at their cost.they had a design. We’d get all theinfrastructure ready for them: thesettling ponds and places: a 770,000gallon (collection) pond and a100,000 gallon settling pond, plus athird settling pond. We had theroom,” and this fit the deQ’s re-quirement for an action plan. “sowe paid them to build the plant andfacilities.”
their first test unit, housed in a16-ft. x 10-ft x 8-ft. high roll-off con-tainer arrived, “...and we had anhonest chance to see if it wouldwork,” Hermann said. “it took a fewmonths to get it running and fine-tuned, adjusting, discovering whatworked. and within two to threemonths, as a group we were suc-cessful. the entire plant jelled to-gether and we were able to get to a“permissible level” at 500 gallons a
minute. We could take care of watercoming from our facility in the per-mitted level,” he smiled.
the following season, HermannBros. “...decided to build a perma-nent facility for our own operation,”said Hermann, including automat-ing the plant rather than manningit during weather events. “We askedosW about automating the con-trols, and that’s where Clear Waterservices became a part of this” join-ing the consortium in what’s been avery good working relationship.
“Clear Water (Services) did alot with controls,” to monitor, test,adjust, and operate the plant, Her-mann explained then added, “ butmaking it work with this environ-ment, making organic stuff settleout, took a special understanding.”
all along the discovery and learn-ing curve, each part contributed tothe final success. “We’re in this to-gether. We put (together) a productthat does solve the problem andwe’re able to do it at a dollar ratethat will be affordable for anyonethat has a log yard.” Clear Waterservices, Hermann noted, “is a larg-er scope of company. as technologyimproves they’ll be able to continue
with the ongoing updates.” todaywhen in operation water passes thesensors at a rate of 500 gallons perminute. “it’s running that accurate-ly and within permitted limits.”
A workable solution
the project manager for ClearWater services, Peter Pearson,
explained that each location withwater run-off has its own emissionsissues depending on their environ-ment, the setting, materials andother materials particular to thatlocation. “Basically they (Washing-ton deQ) have standards for differ-ent industries that must be met,”Pearson said. “for log yards thereare different requirements than sayfor recycling plants.”
for log yards, this HermannBrothers facility demonstrates thata solution is not only possible butrunning and in compliance. a simi-lar facility in another locationwould need additional fine tuning toaccommodate the varying condi-tions of that site, certainly. But thebroad issue of controlling waterrun-off has a proven solution.
“Clean air and clean water arehere to stay,” Hermann said. “We
may as well try to be part of the so-lution rather than part of the prob-lem. that’s the part i’m so proud ofthe guys we’ve worked with. We’veall worked together and we’re satis-fied, for ourselves because our logyard complies. We can provide prod-ucts to our customers and we’ll notbe called on the block because ofstorm water run-off. these folks in-vested their time, efforts, and brainpower to make this work. it was abusiness decision, and they’ll beable to sell this technology to othercustomers. it all amounts to how weall stay in business and about theenvironment.”
“it’s solving a problem at a rea-sonable cost,” Hermann said. “ev-eryone’s installation is a little dif-ferent, but this is a reasonable, sen-sible solution to the storm waterproblem for log yards or people whohandle organics.”
“the Clear Water services folksare going to take this product overand run with it,” said Hermann. “ifsomeone wants to make a contacton this process they should contactthem at Clear Water servicesthrough their Lynwood, Washing-ton office at (425) 508-8731.
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USED PARTS FOR
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PROJECT MANAGER PETER PEARSON, withClear Water Services, points to the 3/4 milliongallon capacity collection pond for the logyard. The tube in the middle has a sensor forwater levels, “...and when the pond gets up to30%, the treatment plant goes on,” he ex-plained. Above is the same pond with water.
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Moonlight fire lawsuit dismissed
Sierra Pacific industries (sPi)announced today (July 29th) that
Judge Leslie C. nichols, sitting by ap-pointment in the Plumas County su-perior Court, dismissed a lawsuitbrought by the California departmentof forestry and fire Protection(CaL-fire) for monetary damages againstsierra Pacific industries and otherdefendants. the state and severalprivate plaintiffs had alleged that alogger employed by sPi had negli-gently started the Moonlight fire onprivate land which spread to thePlumas national forest and otherprivate holdings on september 3,2007.
“this is a significant victory forsPi and the other defendants in thecase”, said company spokesman MarkPawlicki. “We knew all along thatthe evidence did not support thestate’s claim that our contractor start-ed the fire,” he added. sierra Pacificalleged that the government’s fire in-vestigators in this case conducted afaulty investigation and were not ableto demonstrate what the true originof the fire was. “although CaLfireemployees are highly regarded fortheir professionalism and integrity,unfortunately the Moonlight investi-gations did not live up to that stan-dard,” noted Pawlicki. during recentdepositions, CaLfire’s own experton wildland fire investigations con-cluded “it was more probable thannot” that the Moonlight investigatorsengaged in acts of deception while
testifying about a primary aspect oftheir investigation.
the government’s investigators inthe Moonlight fire had alleged thatsPi’s logger started the fire by strik-ing a rock with a bulldozer, causing aspark to ignite woody material. fur-ther, the state alleged that the loggerfailed to obey the law which requiresa series of procedures to be followedduring logging operations. Judgenichols ruled that the state did nothave evidence to support theseclaims.
the court had earlier ruled thatCaLfire could not succeed unless itshows that the defendants caused thefire. then, after reviewing over 800pages of legal briefing, voluminousdeposition testimony, and hearing ev-idence on the case for three days,Judge nichols determined the govern-ment’s claims should be dismissedand entered a judgment in favor of allthe defendants. He concluded thatCaLfire could not provide evidenceadequate to justify submitting thematter to a jury. in contrast, a feder-al court had ruled in 2012 that sPicould be liable for damages in thecase even if the operators did notstart the fire. that decision led to asettlement with the federal govern-ment in which sPi paid $55 million indamages, and will transfer 22,500acres of timberland to the federal gov-ernment.
overall, the state spent severalyears, approximately $10 million tax-payer dollars, and thousands of hoursin its effort to collect $8 million in firesuppression costs, only to have its
case dismissed by the court. earlyon, sierra Pacific’s counsel urged thedeputy attorney general in charge ofthis matter to dismiss the case, argu-ing that the investigation was fatallyflawed. unfortunately, the requestwas refused. in the end, Judgenichols dismissed it for them, con-cluding that “CaLfire’s reach ex-ceeded its grasp.”
Ford to offer natural gasF-150 for 2014
ford soon will offer a naturalgas version of its f-150 pickup
truck, the most popular vehicle inamerica.
the company is the first detroitautomaker with that option in a light-duty pickup truck. ford, general Mo-tors and Chrysler already have natu-ral gas-powered heavy-duty trucks.
ford says natural gas will be avail-able on the 2014 f-150s with 3.7-Liter V-6 engines.
the trucks will have factory-in-stalled valves, pistons and rings tohandle natural gas and gasoline. theoption will cost $315. But buyers willhave to pay a factory-approved in-staller to put in new fuel tanks, linesand injectors. that will cost $7,500 to$9,500.
ford says natural gas costs theequivalent of $2.11 per gallon. theaverage regular gasoline price in theu.s. was $3.62 per gallon on tuesday.
- http://www.mbtmag.com/news
Feds to start shootingbarred owls
federal wildlife officials plan todispatch hunters into forests of
the Pacific northwest starting thisfall to shoot one species of owl to pro-tect another that is threatened withextinction.
the u.s. fish and Wildlife serviceon tuesday released a final environ-mental review of an experiment to seeif killing barred owls will allow north-ern spotted owls to reclaim territorythey’ve been driven out of over thepast half-century.
the agency has been evaluatingthe idea since 2009, gathering publiccomment and consulting ethicists, fo-cus groups and scientific studies. itwill issue a final decision on the planin a month.
“if we don’t manage barred owls,the probability of recovering the spot-ted owl goes down significantly,” saidPaul Henson, oregon state supervisorfor fish and Wildlife.
the agency’s preferred course ofaction calls for killing 3,603 barredowls in four study areas in oregon,Washington and northern Californiaover the next four years. the experi-ment requires a special permit underthe Migratory Bird treaty act, whichprohibits killing nongame birds.
the plan for saving spotted owlsfrom extinction lists the barred owl asthe no. 2 threat, after the loss of oldgrowth forest habitat to logging andwildfire. But the fish and Wildlifeservice needs hard scientific evidencethat killing barred owls will help be-fore going forward with a long-termprogram.
Henson said the northwest forestPlan, which cut logging by 90 percenton national forests in the 1990s, hasdone a good job of providing habitatfor the spotted owl. But the owls’numbers have continued to slide.Henson said unless barred owls arebrought under control, the spottedowl in coming decades might disap-pear from Washington’s northernCascade range and oregon’s Coastrange, where the barred owl incur-sion has been greatest.
it has taken the federal govern-ment a long time to get to this point.the California academy of scienceskilled some barred owls in spotted owlterritory on the klamath nationalforest in northern California in2005, and the owner of some redwoodtimberlands in northern Californiaregularly kills barred owls to protectspotted owls.
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CliPS from around the CountrY
logging CountrY
in my previous article , i dis-cussed how many of us got into
logging and some of the challengesfacing today’s loggers with respect towhere the next generation of loggersis going to come from. it’s apparentthat i’m not the only one concernedwith the future of logging because igot a lot of feedback and commentsfrom that first article. obviously,this is a dialogue that we need to behaving now and that we can’t affordto keep pushing it aside. in this arti-cle, i would like to explore some pos-sible solutions to the looming short-age of loggers, but i must admit;however, describing the problems ismuch easier than trying to come upwith solutions.
the american logging industry isa highly competitive business withboth the producers (loggers) and thepurchasers (mills and timber compa-nies) having the same goal; get thehighest production for the lowestcost. in order for companies to re-main in business, they’ve had to findthe most efficient ways to get produc-tion, usually a combination of newequipment, innovative techniquesand trained crews. although popularin other countries, government regu-lations, subsidies and artificial sup-ports are not the path to future suc-cess in the american logging indus-try. We, the entire timber industry,need to come together to continue tobe able to profitably compete in aglobal marketplace. unfortunately,logging is the weak link in the tim-ber supply chain.
When we start looking for solu-tions, i think that part of the faultfalls upon us loggers. in the pastwhen a forester complained that ourbid was “way too high,” we have beenfar too quick to acquiesce. as agroup, we tend not to be complainers.We simply keep on going and do thebest we can with the situation wefind ourselves in. When we are toldthat we will have to do more withless, we simply shrug our shouldersand say ok. this is part of our prob-lem. We are way too resourceful forour own good. at some point, we aregoing to have to learn to stand up forourselves better, to get what we needto be able to stay in this business.
the people we work for are alsopart of the problem and they willneed to be part of the solution. a re-cently-retired forester’s commentsaccurately describe much of the atti-
tude in our industry. He said that,during his career, he was always toldto “make sure the loggers don’t gobroke but don’t let them make anymoney either”.
in my opinion, the primary solu-tion is more money. in general, thelogging industry is grossly undercap-italized, with insufficient resourcesto successfully weather the extremeups-and-downs common to logging.We are running on the tightest mar-gins in the memory of this industry.equipment and labor are our twomajor expenses and 2 of the 3 rea-sons that we remain successful. ifloggers made more money, we wouldbe able to acquire and maintain thebest, most innovative equipment andto attract and retain the best, mosttalented labor. With more moneyflowing through the pipeline to log-gers, the entire timber industrywould be stronger and more prof-itable.
Quality equipment is a key re-quirement for all loggers. Logginghas changed over the years and theequipment we need now is muchmore expensive and complex. thefirst challenge is to acquire thatequipment. financing is almost al-ways required. unless a
company already has years of ex-perience under their belt and owns alot of equipment, financing, particu-larly at a decent rate, is almost im-possible to get. the next challenge isto maintain these fine-tuned, com-plex machines. the simplest repairsare extremely expensive and a loggermay need financing for larger repairsto his equipment because he nolonger has the liquidity that he hadeven 10 years ago. i have heard talkof timber companies helping with fi-nancing. for some, that could be agood solution; however, i’m not a bigfan of being beholden to someone iam working for. it changes the rela-tionship in a very fundamental (andnot good) way because now the tim-ber company “owns” that loggingcompany.
trained crews have always been akey element of a successful loggingoperation. Loggers used to be middleto upper middle class people. one ofthe members of associated oregonLoggers analyzed compensation fromthe late 1980’s through 2012. He dis-covered that hourly compensationhad risen only 1.7% annually over 30years, significantly below the rate of
inflation. if formal data had beenavailable from the early 1980’s (rightbefore the early-80’s recession), it isestimated that current compensationwould have actually decreased dur-ing that time span. this failure tokeep up with the cost ofliving has resulted in amajority of loggers now nolonger making a middle-class wage. given the stateof our industry, it is a won-der that anyone wouldchoose to get into logging.out here in the west, wecompete directly with con-struction and the oil andgas fields. in those indus-tries, unskilled workersmake at least $10 more perhour than many of ourhighly-skilled operators.that’s for work that, inmany cases, requires lessskill, is much less physically de-manding and is much less danger-ous. this makes it really tough tofind enough qualified people to workin our industry. at times, we strug-gle to hire people who can simplypass a drug test, much less actuallybe qualified. if logging is going tocontinue to be a viable industry, peo-ple coming into the industry need tofeel like there is a future for them.
Many of us have heard from tim-ber company representatives thatwhen times are bad, “we’re all in thistogether and we all have to makesacrifices.” We understand and agreewith that. the problem is that whentimes are good, suddenly we’re not“all in this together” anymore and wedon’t get our share of the profits. go-ing forward, as the economy im-proves and wood products becomemore valuable, logging prices willneed to rise, to allow loggers to sharein the “good times” so that we havethe necessary resources to build theinfrastructure that will be requiredto support a healthy timber industry.
the final part of the solution is ef-fective training programs for loggers.Currently, for loggers to stay certi-fied, they must attend ongoing train-ing classes. the subjects coveredrange from human resource issues to
the latest in logging technology andforest practices. one of the biggesttraining needs is in becoming morecompetent managers and financially-knowledgeable business people. inthis day and age, we must know how
to accurately bid jobswhich calls for a thoroughunderstanding of and theability to project expenses.a surprising number ofloggers don’t have a goodhandle on what their costsare. often times, theydon’t know if they are ontrack to make any moneyuntil the job is more thanhalf way done. an addi-tional opportunity is in de-veloping computer soft-ware customized to thelogging industry. With im-proved financial training,we can learn to stand up
for ourselves when that forester tellsus we “need to sharpen our pencil”and confidently defend our numbers,justifying the costs of what it takesto run a highly-efficient logging oper-ation.
for the time being, logging opera-tions continue to limp along. thebest operators are still in businessand will continue to be until they re-tire. as more and more operators re-tire, those of us who remain shouldreap incredible rewards becausethere will be fewer loggers availablefor so much work. after we retire,then what? Logging is not somethingeasily taught in a classroom. there isno real substitute for putting yourtime in, on the job. Virtually all of uslearned the business of logging atour father’s knee, going up to the jobon weekends and logging duringsummer vacations. it has takendecades through the school of hardknocks to teach the current genera-tion of operators how to be successfulloggers. regrettably, that pathdoesn’t exist anymore in the 21stcentury.
in the end, the solution is money.if we continue to push viable solu-
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(Continued on Page 23)
See “next generation”
As We See It....
NEXT GENERATION? PART 2
MARK TURNERAlC Board
MemberBuxton, Oregon
last month, a Colorado feder-al district court struck down
a u.s. Postal service regulationbarring a rural man from possess-ing a firearm in his car when heparks in the Post office parking lotto retrieve and send his mail. thenews made headlines across thecountry as one of the first favorablefederal court rulings after Presi-dent obama declared war on thesecond amendment in the wake of
the Connecticut tragedy.tab Bonidy drives miles from his
home to avon to collect his mail,but because he regularly carries aconcealed handgun pursuant toColorado law, he is barred by aPostal service regulation, adoptedin 1972, from parking in the Postoffice parking lot and entering thePost office itself. in 2010, afterlandmark rulings by the supremeCourt of the united states in dis-
trict of Columbia v. Heller and Mc-donald v. City of Chicago, Bonidyasked the Postal service if hewould be prosecuted if he carriedhis firearm into the Post office orlocked it in his vehicle in the Postoffice parking lot. the Postal ser-vice’s top lawyer wrote back, “carry-ing firearms, openly or concealed,onto any real property under thecharge and control of the Postalservice” is still barred by Postalservice regulation.
on two separate occasions thedistrict court denied attempts bythe u.s. department of Justice todismiss Bonidy’s lawsuit and dur-ing oral arguments sharply chal-lenged the federal lawyer’s asser-tion that the avon Post office park-ing lot is a “sensitive” place that al-lows the Postal service to curtailsecond amendment rights. then,last month during oral argumentson cross motions for summary judg-ment, the judge upbraided the fed-eral lawyer thusly, “there’s a differ-ence between all of this broad, gen-eral restriction and an individualsituation.... you know, this is moreof what we are seeing[;] regulatoryauthority prevails, period. it isn’tgoing to happen [here].”
days later the district court is-sued its ruling. Because it wasbound by recent precedent from theu.s. Court of appeals for the tenthCircuit regarding the right to carrya concealed weapon outside thehome, the district court addressedwhether the second amendmentprotects the right to carry openlyoutside the home. the districtcourt concluded that the supremeCourt in Heller upheld a constitu-tional right to carry firearms open-ly outside the home for self-defensesubject only to reasonable publicsafety related restrictions. Justwhat are those restrictions?
as to the interior of the avonPost office, the district court foundit a “sensitive” place and thus the
Postal service’s regulation pre-sumptively valid there. the matterof the public parking lot, however,is another story. government own-ership alone is not sufficient, heldthe district court, to restrict consti-tutional liberties. the lot is not agovernment building, nor is it aplace where government business isconducted, nor is there meaningfullimitation on those who enter it; infact, the Postal service lot is littledifferent from other nearby publiclots.
therefore, the Postal service jus-tifies its regulation with “a historyof firearm violence on postal prop-erty based on a study of workplaceviolence [on the basis of which it]makes broad, conclusory state-ments...” that rationale, which in-volves “administrative convenienceand saving expenses,” might be suf-ficient, held the district court, ex-cept that the case involves Bonidy’sright to protect himself, “the coreconcern of the second amendment.”
“in sum,” ended the districtcourt, “openly carrying a firearmoutside the home is a liberty pro-tected by the second amendment....the parking lot adjacent to thebuilding is not a sensitive place andthe [Postal service] failed to showthat an absolute ban on firearms issubstantially related to [its] impor-tant public safety objective.” thus,it is “unconstitutional.”
the expected appeal by federallawyers is due in early septemberat the tenth Circuit, the next stopin a case likely to reach thesupreme Court of the unitedstates.
Mr. Pendley, a Wyoming attor -ney, is President and Chief Le-gal Officer of Mountain StatesLegal Foundation and a regular c olum nist in Loggers World.
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Summary Judgment....
by William Perry Pendley
Federal Court: A right to carry openlyOutside the Home
the idea of killing barred owls toprotect northern spotted owls under-scores the fragile balance of naturethat biologists have struggled with inrecent years.
Between 2000 and 2006, wildlifeofficials captured and removed morethan 40 golden eagles from the Chan-nel islands off southern California to
protect the island fox. they also hireda company to kill 5,000 feral pigs onsanta Cruz in a controversial pro-gram to restore the island’s ecosys-tem.
in oregon, wildlife officials haveused lethal injections to kill selectedCalifornia sea lions that feast on pro-tected salmon in the Columbia river.and in yosemite national Park, sav-ing bighorn sheep has meant huntingprotected mountain lions.
the northern spotted owl is an iconof bitter disputes between the timberindustry and environmentalists overthe use of forests in the Pacific north-west. Because of their dwindlingnumbers, the little bird was listed asa threatened species in 1990, whichresulted in logging cutbacks and law-suits.
Barred owls are bigger, more ag-gressive and less picky about food.they started working their way
across the great Plains in the early1900s, and by 1959 were in BritishColumbia. Barred owls now cover allthe spotted owl’s range, in someplaces outnumbering them as muchas 5-to-1.
the preferred alternative calls fora combination of killing and captur-ing barred owls. But capturing owls is
far more expensive and difficult. andthe fish and Wildlife service hasfound only five zoos or other facilitieswilling and able to take a barred owlif it is captured, said robin Bown, thewildlife biologist in charge of the eval-uation.
Henson said the service has yet towork out details of how barred owlswill be killed, whether by governmenthunters from the u.s. agriculture de-
partment’s Wildlife services, or con-tract hunters.
the favored method involves luringthe birds with a recording of a b
arred owl call, then shooting themwith a shotgun when they fly in todrive out the intruders.
Hunting would start this fall onthe Hoopa Valley indian reservationin northern California, where the lo-cations of barred and spotted owls arewell-known, Henson said.
it will begin in fall 2014 in threeother study areas made up primarily
of federal land. the northernmost isin the Cascade range near Cle elum,Wash. another is in theoregon --Coast range west of salem.the third is in the klamath Moun-tains south of roseburg.
Hunting will take place only in thefall and winter, to prevent takingbirds when they are caring for theiryoung.
each study area will be divided intwo, with half serving as a controlwith no barred owl hunting. scien-tists will see if spotted owls moveback into areas where barred owlshave been killed. the four study ar-eas add up to 1,207 square miles,which amounts to 0.05 percent of thenorthern spotted owl’s range.
- http://www.columbian.com
Judge rejects lawsuit onSW Montana forest plan
afederal judge recently rejecteda challenge to a u.s. forest ser-
vice plan to bar motorized and mech-anized vehicles in 322,000 acres ofrecommended wilderness areas inthe Beaverhead-deerlodge nationalforest.
twenty-two plaintiffs sued theforest service over its 2009 plan toban the use of snowmobiles, off-roadvehicles and mountain bikes in cer-
tain parts of the southwestern Mon-tana forest until Congress decideswhether they should become perma-nent wilderness areas.
u.s. district Judge sam Haddonruled the plaintiffs, led by two of thethree Beaverhead County commis-sioners, did not meet the legalthreshold to sue over two of theirclaims.
the Beaverhead County commis-sioners, who claimed the forest ser-vice did not properly consult withthem as a cooperating agency, failedto prove they had suffered an injuryfor which they can sue, Haddonruled.
the judge dismissed the plaintiffs’three other claims that the forestservice violated the national envi-ronmental Policy act by failing toproperly study the effects of banningmotorized uses in those recommend-ed wilderness areas.
the judge disagreed, saying thefederal agency fulfilled its obliga-tions under nePa, and said addingnew acreage that was not consideredin a draft environmental impactstatement did not pose any new con-
tions down the road, it amounts toslow suicide for the logging industrywith a huge loss of infrastructureand a crisis for the entire timber in-dustry and our consumers. the bigquestion is, do they pay us now orpay us later? i believe that the for-mer would be the wisest choice. ifyoung people are able to see thatthere is “real money” in logging,then the question of where the nextgeneration of loggers will come frommay simply disappear.
Mark Turner owns and operatesTurner Logging located in Buxton,Oregon. Mark serves on the ALCBoard of Directors and is the West-ern Regional Delegate on the Ameri-can Loggers Council ExecutiveCommittee.
the american Loggers Councilis a non-profit 501(c) (6) corpo-ration representing profession-al timber harvesters in 30states across the us. for moreinformation, visit their web siteat www.americanloggers.org orcontact their office at 409-625-0206.
next generation
(Continued from Page 20)
sequences requiring additionalstudy.
two environmental groups, thegreater yellowstone Coalition andthe Montana Wilderness association,intervened in the lawsuit and arerepresented by earthjustice.
earthjustice attorneys said theplan only calls for 322,000 acres ofwilderness designation out of 1.8 mil-lion roadless acres in the forest.
the forest service plan allows forsummer motorized travel on 55 per-cent of the forest and winter travelon 60 percent. - Associated Press
SFI to Revise its 2015Standard
the Sustainable forestry initia-tive inc. announced it would be-
gin to revise its current standard, forthe purpose of developing a new sfi2015-2019 standard. the sfi isnorth america’s largest forest certifi-cation green label, with over 210 mil-lion acres certified-and is oregon’slargest forest certifier. sfi partici-pants require their forest contractorsto be oregon Professional Loggers.the standard development process in-cludes two 60-day public comment pe-riods, with the first running throughaugust 6, 2013, and the second begin-ning January 2014. the sfi inc.board of directors will approve a sfi2015-2019 standard, with a launch
date of January 1, 2015. for more in-formation online at: www.sfipro-gram.org
- Aol mainline
Reid’s Climate Changeclaims and reality
an article in the July 17 Las Ve-gas [nevada]review-Journal
quotes senate Majority Leader Harryreid (d-nevada) reiterating the roleof “climate change” for what he char-acterizes as a growing wildfire men-ace behind events such as the 27,881-acre Carpenter 1 fire in nevada-andcalling for increased federal spendingon fire prevention, chiefly in the formof brush removal in the urban-ruralinterface.
When reporter steve tetreault fol-lowed up with sen. reid’s staff aboutthe sources of this assertion, he re-ceived a reference from “ClimateChange, a Princeton, n.J.-based orga-nization of scientists and journalists”that has reported “there are morelarge fires burning now than at anytime in the past 40 years.” sen.reid’s office also cited a recentnewyork times article to the same effect.
However, tetreault also consultedthe national interagency fire Center,which told him that, on a year-to-datebasis, there had actually been about23% fewer fires by July 17 this yearthan there were through the equiva-
lent period in 2012, burning approxi-mately 43% fewer acres; and that fig-ures for this year and last year, sofar, both trail the same period during2011 considerably.
4-H forestry program forteens honored
the forest Youth success pro-gram (fys) in skamania County,
http://www.forestyouthsuccess.org,has been recognized nationally for itsoutstanding impact on youth, the en-vironment and the local economy. thenational association of extension 4-Hagents (nae4-Ha) selected the pro-gram to receive a specialty teamaward in excellence for natural re-source and environmental education.
since 2002, teens in the countyhave spent the summer caring for lo-cal forests, developing valuable lifeskills and exploring potential careers.the value of their work is estimatedat more than $900,000 for the giffordPinchot national forest.
the program is a unique partner-ship between skamania County, thestevenson-Carson school district,Washington state university exten-sion 4-H youth development and theu.s. forest service.
“the youth in this community comefrom an economically depressed areaand have very few work opportuni-ties,” said scott VanderWey, Wsuextension 4-H adventure educationdirector. “through hands-on experi-ence and adult mentoring they learnvaluable life and work skills so theycan graduate and possibly move on tocareers in forestry or natural resourceeducation.”
students are taught the fundamen-tals of forest ecology and forest healthmanagement through work withadult crew leaders. eight crews workfive days a week on a wide variety ofprojects including establishing andrestoring trails, maintaining camp-sites and removing invasive plants.
the Wsu team being honored fortheir work includes todd Murray, di-rector, Wsu extension skamaniaCounty; sally Mansur, program man-ager, Wsu extension 4-H skamaniaCounty; and VanderWey, director,Wsu extension 4-H adventure educa-tion. they will be recognized duringthe nae4-Ha awards banquet sept.19 at a conference in Pittsburgh. -www.news.wsu.edu
ESA transparency
in august, the House natural re-sources Committee held an over-
sight hearing on “transparency andsound science gone extinct?:theimpacts of the obama administra-tion’s Closed-door settlements onendangered species and People.”the hearing examined the need fordata transparency as it relates tofederal decisions on implementingthe endangered species act (esa)
“right now, there is a lack oftransparency of data and scienceused in literally hundreds of sweep-ing listings and habitat designationdecisions that affect both species andpeople. the obama administration’s
esa-related actions - through execu-tive orders, court settlements withlitigious groups, and rules to listspecies - instead force regulatory ac-tions that shut out Congress, states,local communities, private landown-ers - even scientists who may disputethe often sketchy or unverifiable da-ta used for these decisions. it’s im-portant to make sure this esa list-ing data and how that data is collect-ed is made available to those affectedby the potential listings,” said natu-ral resources Committee Chairmandoc Hastings (Wa-04).
- natural resources Press office
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