House Agriculture & Rural Affairs Committee Reports

 

Reports provided by PA Legislative Services

 

10-03-2006

 

Info meeting on HB 2878 re REAP

By Nate Collins, PLS

 

The Committee held an informational meeting on HB 2878 Stern - (PN 4496), the Resource Enhancement and Protection Tax Credit Program, which would be established to encourage private investment in the implementation of best management practices on agricultural lands, planting of riparian forest buffers and remediation of legacy sediment. The bill provides for best management practices, a sponsorship program, the transferability of tax credits, and the various powers and duties imposed on the Department of Revenue and the State Conservation Commission.

 

Members in attendance included: Chairman Arthur Hershey (R-Chester) and Representatives Rich Grucela (D-Northampton), Adam Harris (R-Juniata), David Hickernell (R-Lancaster), Babette Josephs (D-Philadelphia), Rob Kauffman (R-Franklin), Mark Keller (R-Perry), Sheila Miller (R-Berks), Kathy Rapp (R-Warren) and Jerry Stern (R-Blair).

 

Rep. Stern, sponsor of the legislation, stated farmers use best management practices, but there is documented unmet demand for resources to pay for best practices. HB 2878, which creates the Resource Enhancement and Protection Tax Credit Program (REAP), is innovative and can help farmers pay for implementation of best practices. He noted that he has heard concerns about the amount of money required to implement the bill and he looks forward to hearing on that issue from those testifying.

 

Matthew Ehrhart, Pennsylvania Executive Director of the Chesapeake Bay Foundation (CBF), said his organization believes the healthy future of our agricultural industry is critical to the future of the Chesapeake Bay and our drinking water supplies. He offered that House Bill 2878 is "an incredible step forward for agriculture and the environment". The bill would provide transferable tax credits to producers to install Best Management Practices (BMPs), he noted, adding that this represents a "bold step toward expanding conservation opportunities and distinguishing Pennsylvania as a leader in innovative approaches to farm-friendly environmental protection". This legislation provides a mechanism for the State Conservation Commission to make alternative manure use projects eligible for this tax credit, he stated. Almost 8 million Pennsylvania resident's drinking water comes from surface waters and HB 2878 would also have a significant impact on our surface drinking water supply, he told the committee. The bill does more than just create a funding source, he remarked, adding that it encourages private investment in Best Management Practices and will "dramatically expand the capacity of the private sector to promote environmental improvements on farms". He then explained that under the proposal producers could choose to participate through one of several options that would best suit their particular operation:

Producers could use the tax credits to reduce their own taxes, dollar for dollar.

Producers could sell unused tax credits on the open market to any taxpayer.

Producers could participate through the sponsorship program, which would enable Pennsylvania-based businesses to partner with local producers to finance environmental projects and in turn receive a tax credit instead of the producer.

 

Karl Brown, Executive Secretary of the State Conservation Commission, stated Pennsylvania has an excellent track record of working hand-in-hand with communities and farmers to help ensure the quality of our waters, soils, and other natural resources. He offered that this is because of conservation partnerships that work closely to develop new and innovative programs and tools to help farmers and landowners meet the challenges of managing their operations in an environmentally and economically sound manner. Pennsylvania's conservation districts are among the best in the nation, Brown said, offering the following reasons for the success: a solid financial base, mature conservation districts, good training, willingness to innovate, cooperation, flexibility and adaptability. HB 2878 seeks to provide more financial resources to address agricultural non-point source pollution, he explained. He suggested that from a water quality standpoint, "we should be looking for opportunities to install more best management practices on the land". Brown commented that while the goals of the bill are well-intentioned, he expressed significant concerns about the implementation, administration and cost of the proposal. He commented that discussions about the financial impacts of the proposal should most appropriately take place within the context of the annual budget negotiations that occur in June. He then stated he believes there are questions concerning the implementation and administration of program because at least three different agencies (Department of Revenue, State Conservation Commission and conservation districts) are named to administer some portion of the tax credit program. He also expressed concern that the bill does not discuss technologies for the alternative utilization of manure. Brown further said every tax credit applicant will be required to have a current "agricultural erosion and sedimentation plan" before applying for a tax credit. This requirement will place very real and immediate pressures on conservation districts and the federal USDA Natural Resources Conservation Service (NRCS) to provide additional conservation planning services to farmers wanting to apply for a tax credit, he stated.

 

Joel Rotz, State Governmental Relations Director for the Pennsylvania Farm Bureau, told the committee that neither the Farm Bureau nor the State Grange currently have formal policy related specifically to the REAP initiative. He noted that the Farm Bureau has been at the table throughout the Chesapeake Bay Tributary Strategy's development, and it supports the concept of a voluntary, market-driven nutrient and sediment-trading program. REAP appears to be an innovative approach in helping Pennsylvania's farm families economically manage the additional costs they will incur in implementing environmental improvements on their farms, he commented. He added that it is doubtful that there will be long lines of farmers signing up for REAP because most farmers do not have large state tax liabilities to offset with the proposed tax credit offered through the program. REAP will provide an opportunity for farmers to partner with a business who can better utilize the tax credit, he said, adding that this holds some promise for farmers to generate cash they need to implement qualifying projects. He explained that partnering could occur in the form of the farmer selling his tax credit to another taxpayer. Rotz noted that if a farmer is seeking the tax credit for himself, he would need to seek financing for the total cost of the project, implement the project and then wait for approval of the tax credit before receiving any financial assistance. The same holds true if the farmer would want to sell the tax credit to another taxpayer, he added. "These two approaches are obviously not as attractive to a cash strapped farmer seeking creative financing for these types of projects," he remarked. Another possible advantage of REAP would be the ability to reach farmers who do not normally support receiving government assistance payments, he offered. It would appear the success or failure of REAP will largely depend on the participation of other businesses such as integrators and related agribusiness, Rotz concluded.

 

Walt Peechatka, Executive Vice President of PennAg Industries Association, remarked that anything the State does with regard to conservation is positive. However, he expressed concern with certain shortcomings of the legislation. He noted that the tax credit would apply to 75% of the cost of a project but does not say if some form of implementation of the plan is required. He believes requiring implementation is appropriate. He then said he likes the requirement in the bill that eligible best practices will be determined by a commission. If projects must be certified, the person determining whether the project is authorized should be certified, Peechatka stressed. He noted that his association has not taken a position on HB 2878 but they will do so later this fall.

 

Eileen McNulty, Executive Deputy Secretary of the Department of Revenue, offered that while the protection of natural resources is clearly a priority, the funding of projects addressed by this proposal is made more complex by the administrative requirements of a tax credit. She suggested that the committee consider whether a change in tax policy is necessary or if the goal could be better achieved through other financial incentives, including grants and/or loans. She explained that experience has shown that a more direct approach works better in cases where the sale of the tax credit rather than their use by the initial applicant, is expected to be important in leveraging the investment. McNulty then informed the committee that the proposed tax credit would be the single largest business tax credit offered in Pennsylvania within one year. She reiterated Karl Brown's comment that this legislation should be considered during the budget process. HB 2878 would require the Department of Revenue to determine whether projects meet certain environmental standards, she commented, expressing concern that the Department does not have environmental expertise and is not equipped to determine if a project meets certain environmental standards. McNulty recommended a system in which the tax credit application is reviewed by a governmental agency with environmental expertise. The Department's function would be limited to the tracking and applying of the credits to a taxpayer's account, she noted. She then explained that the bill places a limit on the tax credit of $150,000 per taxpayer but does not specify if the maximum credit amount per applicant is intended to apply for a single tax year or over the life of the credit program. "The Department of Revenue will incur significant costs to administer this credit in addition to the cost of the credit itself," she concluded.

 

Rep. Miller remarked that she has certain questions about the legislation. She wondered about the constitutionality of the tax credit because it applies to individual households. She said she doesn't want the court to throw out the bill for that reason. She then noted that the farming community has been doing conservation for 50 years. She questioned what benefit farmers who have been doing this for years will receive under this program. Farmers who have been implementing best practices for decades should be rewarded, she suggested. Rep. Miller then expressed concern about the availability of properly certified staff to implement this legislation. She then commented that HB 2878 seems to mandate NRCS on all farmers. She suggested that the State should partner with the federal government on programs that reward conservation instead of "reinventing the wheel". Administration of REAP will likely be a nightmare, she concluded. Ehrhart agreed there are questions with the proposal. He addressed her concern about the number of qualified people to help implement conservation plans. He suggested that establishing work to be done by outside professionals could lead to a certification program for those professionals. Rep. Miller countered that there is currently a lack of professionalism and a lack of quality certification plans. She added that she believes planners should be certified. Brown interjected that the State Conservation Commission has been successfully working with the private sector to develop conservation plans. He noted that planners can create proposals for 3,000 acres in one year so thousands of planners will be required to create them for Pennsylvania's millions of acres of farmland. There is a need to do conservation planning and we must figure out the best way to do that, he stated.

 

Rep. Josephs asked if the administration has a position on HB 2878 if the problems of the bill could be fixed. McNulty replied that the administration's concern is the cost of the program and the fact that the budget has already been passed. She reiterated her belief that this bill should be done during the budget process.

 

Rep. Stern inquired if the Department of Revenue has difficulty monitoring the Job Creation Tax Credit and the Neighborhood Assistance Tax Credit. McNulty replied that those two credits are not monitored by the Department of Revenue. She explained that the Department of Labor and Industry monitors the Job Creation Tax Credit and DCED monitors the Neighborhood Assistance Tax Credit. Rep. Stern asked how much the Department spends to administer the current tax credits. McNulty replied that she cannot answer the question at this time because the costs include the administration of the tax itself. She added that she would try to get an estimate for the committee. Rep. Stern told her he is trying to figure out if the Department would need additional staff if the bill becomes law. McNulty said it depends on the requirements of the legislation. As currently written, the Department would need to hire staff with certain expertise, she explained. She suggested that the bill could be written to lessen the Department's administrative requirements.

 

Dave Callen, Minority Executive Director, commented that tax credits over multiple years would create stability for this program. Given farmers' cash flow difficulties, would it be possible to award the tax credits to farmers before they undertake projects, he asked McNulty. McNulty answered no, adding that the necessity of having the money upfront is the reason that the film production tax credit was changed to a grant program. She remarked that the concept of pre-funding does not work for tax credits. Callen asked if there have been discussions about a philanthropic cost share for the remaining 25% that is not covered by the tax credit. Ehrhart said it has been discussed but only in preliminary stages. He added that a lot depends on the final language of the legislation.

 

Jay Howes, committee staff person, noted that very few farms would have a tax liability that would be affected by this bill. He asked Peechatka if the proposal could be a possibility for businesses to get involved. Peechatka replied that he does not have good sense of that at this time but he likes the idea of providing the opportunity for businesses.

 

 

5-02-06

 

HOUSE AGRICULTURE AND RURAL AFFAIRS COMMITTEE

SENATE AGRICULTURE AND RURAL AFFAIRS COMMITTEE

Joint info hearing on 2007 Federal Farm Bill

5-2-06

By Kimberly Hess, PLS

 

The two committees held a joint informational meeting to discuss conservation issues in relation to the 2007 Federal Farm Bill. Members in attendance included Chairmen Art Hershey (R-Chester) and Mike Waugh (R-York), Senator Pat Vance (R-Cumberland) and Representatives Dave Millard (R-Columbia), Dave Hickernell (R-Lancaster), Bob Bastian (R-Somerset), Timothy Solobay (D-Washington), Tina Pickett (R-Bradford), Gary Haluska (R-Cambria), Rosita Youngblood (D-Philadelphia), Jerry Stern (R-Blair), Sheila Miller (R-Berks), Mark Keller (R-Perry), Babette Josephs (D-Philadelphia), Kathy Rapp (R-Warren), Adam Harris (R-Juniata) and Rob Kaufman (R-Cumberland).

 

Ann Pesiri Swanson, Executive Director, Chesapeake Bay Commission (CBC), explained CBC is composed of representatives from Maryland, Virginia and Pennsylvania. She argued that each state brings its own unique view to the commission, but in working together they can have an affect on the Federal Farm Bill. Swanson urged the members present to speak with the Congressional delegation and impress upon them how important it is that PA receive more funding for conservation. She stated that 90% of the Chesapeake Bay and its tributaries are impaired due to nutrients and sediments that consume dissolved oxygen and reduce clarity. The lack of clarity inhibits the ability to sustain life and has a negative impact on the economy, she remarked.

Impairment of the watershed, Swanson continued, comes from three sources: point sources (sewers and pipes), air, and agriculture. She also stated that one-quarter of the land in the watershed is used for agricultural purposes. She discussed an analysis of the cost effectiveness of traditional conservation strategies and stated the most cost effective best management practices were determined to be agricultural practices. Swanson argued PA needs to fight to receive more federal funding through the Farm Bill, which is the primary funding source to enhance funding for agricultural conservation measures, to promote these best practices, noting that 70% of nitrogen, 72% of phosphorus and 92% of sediment is captured from the agriculture community. The Farm Bill funding is largely dedicated to nutrition, she concluded, and the agriculture community must fight to increase its share.

 

Marel Raub, PA Director of the CBC, explained PA receives $40 million of the $34 billion Farm Bill, of which $16.5 million is dedicated to CREP (Conservation Reserve Enhancement Program) for rental fees and incentives to retire environmentally sensitive land; $13.8 is for EQIP (Environmental Quality Incentive Program), which provides incentives and cost sharing for the implementation of best management practices; $2.8 million goes to the Farm and Ranchland Protection Program; and less than a million is dedicated to the Conservation Security Program.

 

Swanson remarked that $40 million, plus approximately $20 million from the state and farmers each, does not come close to the estimated $215 million cost to implement the Chesapeake Bay Strategy. She stressed the importance of drawing down more federal funding from the Farm Bill, noting it is the third largest bill in the nation (behind transportation and defense). Swanson stated the top five Farm Bill priorities for the watershed are:

·                   Establish a Regional Stewardship Fund to increase flexibility in the delivery of Federal Funds

·                   Implement the Conservation Security Program as a nationwide entitlement program

·                   Target funds to maximize environmental benefits and ecological services

·                   Provide increased support for the economic viability of agriculture

·                   Increase funding and technical assistance for conservation-related programs

 

Chairman Waugh commented the state needs to start to build momentum with federal lawmakers in developing the Farm Bill to help farmers implement best practices for conservation. He stated it is unfair to ask farmers to participate if legislators don't help them.

 

Chairman Hershey remarked on the success of ground cover crops, like barley, to prevent erosion in the winter. He said ground cover practices save soil and nutrients at minimal cost.

 

Rep. Millard asked how closely the CBC works with the Susquehanna River Basin Commission. Swanson replied the two organizations, and all river basin commissions in the watershed, work closely, especially when the issue at hand relates to the specific basin commission.

 

Rep. Pickett remarked it is difficult to convince farmers that CREP is a good program because they feel it takes tracts of productive land out of production. She noted farmers also feel sediment is leaving by creep damage but they cannot get assistance with that problem. Swanson replied those complaints are frequently heard across the watershed and stated now is the opportunity to change the shape of policy and target CREP money to buffers or highly erodable land, as the program was originally intended.

 

Rep. Miller expressed concern with taking funding away from commodities and other programs because it results in less money for the farm community and instead suggested that PA ask for more money from the Farm Bill instead of trying to "shift the pot". She remarked "streams have been meandering for centuries" and agriculture should not be targeted; urban, recreational and point sources shouldn't be let off the hook, she concluded.

 

Chairman Waugh discussed legacy sediment, a concept in which sediment builds up behind mill dams. He remarked this isn't an agriculture issue, but is nonetheless another challenge and mitigation of legacy sediment is not recognized as a best practice. Chairman Waugh concluded we need to get funding to agriculture without taking away productivity.

 

Matt Ehrhart, PA Executive Director, Chesapeake Bay Foundation (CBF), stated "one of the most serious threats to the health of our local streams, groundwater and the Chesapeake Bay is the loss of farmland to development" and stated his support for policies that support farm income, help manage risk and strengthen new markets. He argued government co-share and technical assistance is needed to help farmers implement best management practices. Ehrhart explained CBF held 14 listening sessions and compiled a report that summarizes the ideas and recommendations received in those sessions. From these sessions, CBF concluded that the Farm Bill is not serving PA farmers as well as in other parts of the country, as farmers receive only $0.02 for every dollar in agricultural goods produced; the national average is $0.07. He stated producers are willing to do their part as stewards of the land and water, but available funds and technical assistance do not meet demands. Two out of three producers who seek financial assistance for conservation practices do not receive it, he stated, adding that the total conservation backlog in PA was $37.5 million in 2004. Ehrhart offered details on specific initiatives and reforms that should be included in the next Farm Bill, including a Regional Stewardship Fund, enhancing the Conservation Security Program, increased funding for EQIP, secure funding for CREP and insuring that the program does not compete with producers, support Agricultural Management Assistance, reauthorize the Forest Land Enhancement Program, and provide technical assistance and conservation funding needs.

 

Chairman Hershey concurred that CREP needs to be reigned in, remarking the program "grew legs" and needs to be returned to the original purpose.

 

Rep. Miller commented that more staff is needed to help write conservation plans, noting that regulations require plans to be updated every ten years, but the needed technical assistance is not available. She noted that only serious needs should be targeted to spread out that assistance to where it is most needed.

 

Russ Redding, Deputy Secretary, PA Department of Agriculture, stated PA should use the Farm Bill to leverage state and federal funding. He also stated the Federal government should acknowledge states that are making the investment. Redding explained the Department has embarked upon the Seeds of Change 2007 Federal Farm Bill Policy Initiative to obtain input from agricultural leaders and other stakeholders through listening sessions. A recurring theme in these sessions, he stated, was the need for conservation program improvements and for greater financial support. Redding then discussed the following 2007 Farm Bill conservation program recommendations:

·                   Provide greater funding for highly successful programs and allow these programs to expand to help PA meet its water quality challenges

·                   Reform EQIP to provide funding to support implementation of alternative manure utilization or treatment technologies to address nutrient imbalance issues

·                   Ensure that only highly environmentally sensitive lands are being enrolled in CREP so that high productivity soils are not being taken out of production unnecessarily

·                   Strengthen the crop insurance program to provide more effective risk management opportunities for producers

·                   Develop a national energy policy that encourages contributions from agriculture and complements efforts to improve water quality and farm profitability

·                   Require greater equity in Farm Bill spending based on farm production of all crops

·                   Continue to reward those producers that have demonstrated a high level of commitment to conservation by fully implementing and fully funding CSP

·                   Ensure that adequate funds are available to provide technical assistance for Farm Bill programs

 

Rep. Miller suggested the Department of Agriculture can also help in this effort by looking at internal policies to determine how to make things easier, such as obtaining seed for cover crops. She also urged the Department to look at getting encouragements to the counties to make sure they get their fair share.

 

 

HOUSE AGRICULTURE AND RURAL AFFAIRS COMMITTEE

Public hearing re deer damage, continued…

Eric A. Failing, PLS

 

4/26/06

The House Agriculture and Rural Affairs Committee held another public hearing on deer damage.

Members in attendance included Chairman Art Hershey, Minority Chairman Pete Daley (D-Washington) and Representatives Martin Causer (R-McKean), Tom Creighton (R-Lancaster), Richard Grucela (D-Northampton), Dave Hickernell (R-Lancaster), Babette Josephs (D-Philadelphia), Rob Kauffman (R-Cumberland), David Millard (R-Columbia), Sheila Miller (R-Berks), Rosita Youngblood (D-Philadelphia), Gary Haluska (D-Cambria) Kathy Rapp (R-Warren) Sandra Major (R-Susquehanna), Jennifer Mann (D-Lehigh), and Jerry Stern (R-Blair).

Chairman Hershey began the meeting by advising the Committee that he extended an invitation to the members of the House Game and Fisheries Committee to attend the hearing as well.

Gregg Robertson, President of the Pennsylvania Landscape and Nursery Association (PLNA), testified that virtually every segment of the state's agriculture business is impacted by deer overbrowsing. He cited a statistic released by the PA Farm Bureau placing damage to agricultural crops caused by deer at an estimated $90 million per year with losses to the state's actively managed forest at $73 million per year.

Robertson added that because of an overpopulation of deer, PA now leads the nation in Lyme disease, and regeneration of our hardwood forests has virtually stopped because of overbrowsing. He stressed that our current wildlife management system has to change, especially the fact that the system is funded predominantly with hunting licenses. Robertson cited a statistic from the National Shooting Sports Foundation in 2005 showing the actual number of licensed hunters in PA dropped from 1.3 million in 1983 to 1 million in 2003 (a drop of 22% or double the national average).

Stating he is pleased with the Game Commission's release of its urban/suburban deer management strategy, Robertson added that now is the time to consider using the state's General Fund for wildlife management in the state. He also said if the Commission wishes to remain a recreation-only agency, he proposes funding a deer management unit in the PA Department of Agriculture to assist farmers, landowners and communities in controlling deer population through alternative means.

Rep. Haluska asked how Robertson would envision the process working with farmers if the Department of Agriculture would become involved with deer management. Robertson replied that his first choice is for the Commission to retain control over the management of deer and the Department of Agriculture would only be his second choice. Rep. Haluska worried that programs to eradicate deer would go against the Commission's purpose of enforcing Title 34. Robertson stated this is why he proposes using money from the General Fund to supplement losses from a decreasing number of hunters.

Debbie Plotnick, a homeowner in Bryn Gweled Homesteads, spoke about problems in her community caused by too many deer. According to Plotnick, 70% of families in the development have been infected by Lyme disease and much of their forested land and gardens have been harmed or destroyed by the overbrowsing of deer.

She said solutions to the deer problem have been divisive so qualified bow hunters were used to cull seventeen of the estimated fifty deer residing in and around the community. Additionally, she reported the community has installed five 4-poster feeding devices that use tickicide to attempt to eradicate deer ticks.

Plotnick said her community commends the Commission for its draft Plan to Reduce Deer-Human Conflicts in Developed Areas. She quickly lamented that game laws and regulations were designed for recreation and not to help with an overabundance of animals devouring private woodlands, gardens and landscaping. She urged the representatives to enact statutory changes that would facilitate new and creative wildlife management regulations and funding sources that will ease the burden caused by deer overpopulation.

Rep. Hershey asked if there are members in her community that resisted using bow hunters to cull the herd. She confirmed it was a difficult decision with some residents sponsoring protests to object to the hunting. Asked by the representative if any of the protestors had contracted Lyme disease in the past, she confirmed they had. She added that some of those who were originally against the idea of killing any of the deer were more receptive to the idea of allowing a controlled hunt.

Rep. Daley asked how many people live in the community and what the infection rate is. Plotnick said there are about 200 people in the community and while she knows that approximately 70% have had Lyme disease at least once, it is hard to count the numbers who have contracted the disease multiple times.

Dr. James Logue, Acting Director for the Bureau of Epidemiology for the Department of Health, testified next giving an overview of Lyme disease and its impact. According to Dr. Logue, the instances of the disease are most prevalent in the southeastern portion of the state with Chester County having the largest number of reported cases. He stressed the first line of defense against the disease is to identify the risk factors and to try and avoid contact with ticks. Dr. Logue said the best way to prevent infection is to take personal protective measures such as walking in the center of trails, removing ticks promptly, and securing pant legs so ticks cannot crawl up inside.

Rep. Daley asked if the community of the previous speaker (that has an infection rate of 70%) would be considered a hot spot for Lyme disease. Dr. Logue confirmed that it would. Asked what the Department is doing to combat this issue, Dr. Logue stated the Department is trying to educate PA residents about the disease and how to prevent it.

Rep. Daley next asked if a tick is pulled off of a person but the head remains imbedded in the skin, can the person still acquire Lyme disease. Plotnick interjected, saying that deer ticks are different from other ticks in that they are very, very small. She also stressed the entire tick has to be removed.

Questioned if spraying for deer ticks can prevent their spread, a Department of Health staff member sitting in the audience said that aerial spraying is not effective against deer ticks because they often stay in the underbrush. She added that treatment can be applied directly to the land.

Rep. Miller asked if the Department is working with the Insurance Commissioner to find ways to pay for expensive drugs used in the treatment of Lyme disease. Dr. Logue said the Department is only engaged in education efforts on Lyme disease at this point but would be willing to work with the Insurance Commissioner. Asked about the costs associated with treating Lyme disease, a staffer from the Department of Health said that if caught early, Lyme disease is treated by inexpensive antibiotics.

Rep. Daley asked if there is immunization available for Lyme disease. The staffer from the Department of Health said that there is no longer an immunization available because the manufacturer pulled the product because they did not feel they were making enough money from its sale.

James Grace, Director of the Bureau of Forestry for the Department of Conservation and Natural Resources, next testified that the single most limiting factor in maintaining and regenerating a healthy forest is the size of the deer heard. He stated that a recent assessment found that regeneration is inadequate on more than 50% of sample plots statewide. He stressed that this is a problem not only for the forest but for the health of the deer herd as well. Grace lamented that in order to curb this problem; the Department has had to spend $2.5 million a year on deer fencing. According to Grace, on state forests alone, there is 1,000 miles of deer fence which is equivalent to having an eight-foot fence around the entire perimeter of the state.

Without having to address the impact of deer overbrowsing, Grace argued the state would increase its annual timber harvest by 15% to 20% and generate an additional $6 to $8 million in yearly revenue.

Grace said the most appropriate way to keep the deer population in balance with the habitat is to provide more hunting opportunities. He said he is supportive of the Commission's action over the last 4 or 5 years to cull the deer herd. "We are beginning to see some positive responses in habitat," said Grace, but "we won't consider it solved until we see the forest regenerating without the need for extensive fencing."

He called for an increased timeframe for hunting season, better data on habitat health, maintaining current levels of hunting licenses and allowing all stakeholders to be involved in the planning process.

Rep. Causer asked what other factors besides deer could negatively impact forest regeneration. Grace said various factors impact this including soil moisture and acid rain but right now deer browsing is the major impact. He added that without erecting deer fences, the forest cannot grow back because the deer come in and eat the new growth.

Paul Lyskava, Executive Director for the Pennsylvania Forest Products Association, testified that 70% of forested acres in the state are privately owned and this serves as the main source of material needed to support the forest products manufacturing base. For this reason, he said the Association is concerned with the impact of deer on the sustainability of the forests.

Lyskava lamented that efforts to alleviate the impact of deer browsing, such as fences and herbicide treatments, are expensive ranging from $300 to $500 per acre. He estimated the impact of deer of the State Forest system is costing PA taxpayers $20 million in addition to the $16 to $18 million lost each year from deferred and unrealized timber sales.

Lyskava said the Association is encouraged by the Deer Management Strategy of the Commission which is based in verifiable science. He recommended the Commission to maintain the DMAP program, concurrent hunting seasons, and antlerless hunting opportunities.

James Chapman, Operations Manager/Forester for Hyma Devore Lumber Mill, testified about how they have utilized the DMAP program and their own assessment studies to reduce the size of their deer population in such a way as to continue to attract hunters while allowing the forest to regenerate. He stressed this recovery does take time and they have taken steps to educate hunters and others about the need to cull the deer herd.

Rep. Miller asked why charts distributed as part of the presentation suggest that there was a backslide in forest regeneration in 2006. Chapman commented that several other factors come into play including the fact that they have harvested in some areas. He added he is not concerned about the backslide because this is a long-term process.

Dr. Christopher Rosenberry, Deer Management Section Supervisor for the Pennsylvania Game Commission, testified last stating the three management goals guiding deer management are to manage deer for healthy deer populations, health forest habitat, and reduced deer-human conflicts. Dr. Rosenberry then outlined the various components of the deer management plan the Commission employs including:

·  DMAP Program

·  Red Tag Program

·  Urban Deer Management Strategy

·  Citizen Advisory Committee and

·  Healthy Deer, Healthy Habitat

Dr. Rosenberry closed by stressing the Commission is committed to responsible management of all species in its charge and will continue to grow and modify programs as necessary to meet landowners' deer management challenges.

Rep. Hershey asked Dr. Rosenberry what he meant when he said that female deer will stop breeding when their population is too high. Dr. Rosenberry explained that female deer have to reach a certain weight in order to be sexually mature and if populations are too high, there is not enough food for this to occur.

Asked how the state counts the herd, Dr. Rosenberry said they rely heavily on harvest data from hunters. When further questioned about using a helicopter for counting purposes, Dr. Rosenberry said that this has been done with elk and was only 60% successful. He lamented that with deer it would be worse because they are smaller and are harder to view from the air.

Questioned by Committee staff about whether deer could be inoculated against deer ticks, the doctor said he did not know. He also stated he was not sure if deer that carry ticks can be infected with Lyme disease or if there is a danger for humans to eat a deer that has been bitten by a tick carrying the disease.

Rep. Causer asked if coyote or bear kills are factored into the deer count. Dr. Rosenberry said coyotes and bears are equally effective at killing fawns but that the Commission considers these kills under their non-hunting survival category.

 

HOUSE AGRICULTURE AND RURAL AFFAIRS COMMITTEE

Public hearing re deer damage

By Peter G. Trufahnestock, PLS

 

4-4-06

 

The House Agriculture and Rural Affairs Committee held a public hearing on deer damage.

 

Click on the highlighted links to read the testimony and reports.

 

Members in attendance included Chairman Art Hershey, Minority Chairman Pete Daley and Representatives Martin Causer (R-McKean), Tom Creighton (R-Lancaster), Richard Grucela (D-Northampton), Dave Hickernell (R-Lancaster), Babette Josephs (D-Philadelphia), Rob Kauffman (R-Cumberland), Mark Keller (R-Perry), David Millard (R-Columbia), Sheila Miller (R-Berks), Tim Solobay (D-Washington), and Jerry Stern (R-Blair).

 

Chairman Hershey began by explaining that due to the early call for House Session, the hearing would end at 10 a.m. and all testifiers not heard would be rescheduled at another time. He apologized for the inconvenience and noted that the situation was beyond his control and should not be seen as a sign that the Committee does not take the issue of deer damage seriously.

 

Gregg Robertson, President of the Pennsylvania Landscape and Nursery Association (PLNA), testified that his industry is being devastated by deer overpopulation. A 2004 survey showed that PLNA members were spending an average $20,000 annually in deer control measures and deer damage, he said, estimating that the industry overall sustains losses and costs in the range of $5 million to $8 million per year. He noted that the survey did not include damage to installed landscapes at homes and businesses, as most species of landscape plants were once thought to be deer resistant. PLNA members now report, however, that professionally landscaped properties are now being completely consumed, he said.

 

Robertson stated that PA now leads the country in reported incidents of Lyme disease, for which deer are vectors, and in deer/automobile collisions. He said the current deer management programs used by the PA Game Commission (PGC), such as DMAP and Red-Tag, are ineffective and cannot achieve deer population control sufficient to reduce agricultural crop damage. He said that in November of 2005, PLNA presented a set of recommendations to the PGC, which came out of a series of seven public seminars held across Pennsylvania sponsored by 65 agriculture and conservation organizations, including PLNA, the Pennsylvania State Grange, the Pennsylvania Department of Agriculture, Pennsylvania State Tree Farm Committee and the Pennsylvania Vegetable Growers Association. Details of the recommendations can be found in his written testimony.

 

Robertson was very critical of the fact that the PGC has not revealed the scientific basis for its policy decisions. He said "the fact that the agency has abandoned its population model and has provided no factual or analytical basis for its antlerless license reductions for the 2005-06 season strains the credibility of the agency with stakeholders and the public. As the agency that has prime responsibility for deer management in the state, the PGC cannot credibly claim that it does not know how many deer exist in Pennsylvania while making sweeping decisions regarding their management." He called on the PGC to implement a transparent process that involves the Governor, General Assembly and other public stakeholders.

 

Robertson also distributed the following document for further review: DEstroyERs.

 

Dan Fest, who farms 500 acres and owns Cole's Nurseries in Bucks County, testified that the deer problem in his suburban community has risen sharply in the last 12-15 years. Despite spending $25,000 on deer deterrents including fencing and guards, he said his business loses approximately $15,000-$20,000 per year due to the deer. He called the problem "an embarrassment," and said with the intense competition from other states PA can no longer accept the high losses to what is a $5.6 billion per year business. He added that on a personal level the outdoors is something his family and he have always enjoyed but he now often finds himself discouraging them from a walk through the woods because of the high chance of Lyme disease.

 

Bryon Shissler Director of the Ecosystem Management Project testified that there is broad agreement within the scientific community that much of the state's forests are in a seriously degraded ecological condition as a result of high deer densities and impacts. The problem is not new, he noted, as he gave a full history dating back to 1917 when Joseph Kalbfus, the PGC's first Executive Director, said that the biologist who tries to manage Pennsylvania's white-tailed deer herd based more on science and less on social pressures was in for a fight. Shissler stressed that he does not believe the people within the Game Commission or hunters are bad people. However, he said, "we have a system designed to fail the interests of the majority of our citizens and our commonly held natural resources. The existing system uses the deer resource as a crop for hunters, 94% of whom hunt deer. It is these hunters who pay the bills for the Pennsylvania Game Commission and so obligate Commissioners to respond to their desire to maintain more deer than the habitat can support."

 

Shissler, like Robertson, said one of the biggest needed reforms is for the deer management programs to be more transparent to the public. He said he doubted anyone in the room, including those that represent the Game Commission, could explain using real numbers, how the current deer program works or the science upon which it is based. He concluded with the following four recommendations:

 

·  We need an urban deer management program that includes progressive tools such as those generated from the public comments at the eight seminars sponsored by over 65 Pennsylvania organizations.

·  We need to improve wildlife conservation funding. If we are to have a wildlife conservation agency that manages all the wildlife for all the people then all the people need to contribute rather than just hunters.

·  We need a wildlife agency that represents all the people not just deer hunters. One option to achieve this goal would be to broaden the current PGC Board of Directors from being exclusively hunters to include a representative selected by residential communities, forest landowners, agriculture, environment conservation NGO's, etc.

·  We need a publicly transparent deer management program that tells the public what it is trying to achieve, how and what is being measured, and how we know when the program is successful. We need a program that is open to scientific peer review and which makes the data upon which decisions are made public.

 

Shissler also distributed the following documents for further review:
Challenge of White-Tailed Deer Management
Resource Report - December 2005 Issue
Resource Report - March 2006 Issue
Deer, Communities & Quality of Life

 

Dennis Wolff, Secretary of the Pennsylvania Department of Agriculture, began by commending the PGC for its efforts in recent years to take deer management to a new plateau. That being said, he acknowledged that the damage done by deer remains a large problem to all kinds of farmers, from those who raise grain to those who raise Christmas trees. He said the PA forestry industry has also been damaged over the last several years due to intense deer populations in wooded areas to the tune of $73 million annually. He referenced a January 2005 report by the Deer Management Forum, which states that "over-browsing by deer has eliminated the tree seedling, sapling and shrub layer in large areas of forest in Pennsylvania," threatening regeneration and species diversity.

 

Secretary Wolff said that while PA is a leader in farmland preservation, every day the state continues to lose agricultural land to development, which puts even more pressure on the deer herd while simultaneously making those areas less conducive to hunting as a means of control. He added that in recent weeks he has spoken to many farmers from southeastern PA who are working with the Game Commission to consider and develop new alternatives for deer management in PA's more suburbanized areas of the state.

 

Betsy Huber, President of the Pennsylvania State Grange, testified that the Grange has been concerned about crop damage from deer and elk for many years. Compensation for deer damage is often hard to obtain because of the difficulty involved in accounting for crop damage, she said, noting that payments are usually insignificant and do not cover the actual financial loss of the crop. She recommended that the compensation program be reviewed by the PGC and adjusted to cover and reflect the true financial loss incurred by this damage. She also stated that her members are becoming increasingly concerned with the threat of Lyme disease spread by the deer tick, adding that many of Grange members have been disastrously affected by this disease.

 

Huber concluded by laying out the following recommendations:

 

·  Landowners, community associations, and conservancies should be allowed to apply directly to the PGC for deer control permits instead of applying through their individual municipalities.

·  Communities should be allowed to decide what deer management tools are most suitable to their needs based on their property goals, land use and values.

·  The process of deer removal under deer control permits should be allowed to commence on November 1st and should not be restricted by recreational hunting seasons.

·  Deer control permits should allow for trapping and euthanizing as methods of deer removal.

·  In order to effectively engage hunters in this effort, arbitrary restrictions that inhibit their effectiveness, such as the requirement of tagging a harvested deer before taking additional deer, should discarded.

·  A regulated baiting process should be allowed for hunters to safely lure deer into areas where they can safely be removed.

·  Allowances should be made for the harvesting of deer outside of normal seasons on property enrolled in the Deer Management Assistant Program (DMAP).

·  The DMAP permits should be provided directly to the landowner and communities at no cost so that they can distribute them to the hunters, avoiding the time consuming and burdensome process of acquiring coupons and applying for permits.

·  The Game Commission should conduct programs around the state to educate the public-at-large on the health problems attenuated to Lyme disease, explaining the key role deer play in this disease and the need for deer population management in an effort to help manage the dispersal of ticks and the spread of Lyme Disease.

·  Municipalities should be allowed to sell venison harvested under a deer control permit to help defray the cost of the community's deer control program.

 

Though she did not say the following out loud, the following short paragraph appeared at the end of Huber's written remarks: And while this hearing is on deer damage and management problems, I'd just like to call to your attention that many of our livestock farmers who pasture either cattle or sheep are experiencing more and more losses from coyotes. One farmer lost 125 lambs last year and has now engaged his own coyote protection by buying two Great Pyrenees dogs who live and sleep with the sheep and protect them from the coyotes. However, coyotes are getting to be more and more a generator of economic loss and are creating another control issue that this Committee might want to address in the future.

 

Rep. Josephs, picking up on the unsaid remark, asked if the coyote population is in any way related to the size of the deer heard. Huber said she does not know.

 

Rep. Grucela said it seems to him that recommendations #1 and #2 are in conflict. Huber said they are not, explaining that the communities could choose different control devices if they wanted to, but if not, then people should be able to apply directly to the PGC.

 

Craig Sweager, a farmer from Washington County representing the PA Farm Bureau, said he is also pleased that the PGC has recognized the affects deer are having on the farming industry and have instituted policies and programs to help. While he thinks the programs "are helping and working well…they are not always enough to solve problems where deer are not huntable or are protected by nearby posted lands." He said the PA Farm Bureau believes that the damage deer do to agriculture and the green industry may exceed $90,000,000, which he noted is the same annual dollar amount received by PA farmers from government farm program assistance, including emergency disaster payments.

 

Sweager asked that the Committee support a full scientific study on the deer damage issue, similar to one conducted by Penn State University from 1994 through 1997, which led to many of the new successful landowner programs. He said the Farm Bureau has spoken to researchers at Penn State about updating the now 10 year old study and they are amenable to doing so. He noted a study update would come at a much lower cost than to begin a new study, and it would provide a sound science platform for the PGC.

 

Minority Chairman Daley asked what the cost of the recommended research would be. Sweager said he does not know, but will find out and report back.

 

Dr. Timothy Schaeffer, Executive Director of Audubon Pennsylvania, first noted that contrary to the opinion held by some, Audubon Pennsylvania strongly supports hunting as a means to bring deer into balance with their habitats. He cited a survey that showed Audubon members are 53% more likely than the general public to be hunters. Schaeffer then reiterated many of the points already discussed and spent some time giving more details from the Deer Management Forum's January 2005 report, which was convened, in part, by his organization.

 

Like most of the testifiers before him, Schaeffer called for the PGC to be more transparent, noting that "the longer the Game Commission goes without revealing the science behind its deer management decisions, the longer we must question whether the agency is responding to its perception of what licenseholders want rather than managing in the best interest of our wildlife resources." He encouraged members of the Committee to ask the State Senate to ask Game Commissioner candidates who come before them for confirmation to commit to using transparent science to make their decisions. He also encouraged the Committee to work with the rest of the General Assembly, the Governor's Office, and the PGC to "identify a funding base that is more stable and equitable than funding derived almost exclusively from sources such as license dollars and timber sales on game lands, in order to facilitate the shift from single-species management to ecosystem management."

 

At this point, Chairman Hershey recessed the meeting, but again stated that it would be reconvened as soon as possible.

 

The following individuals were scheduled to testify had the meeting not been interrupted:

·  Debbie Plotnick, Homeowner, Bryn Gweled Homesteads