Kathleen Moser named assistant DEC commissioner

A longtime conservationist has been named assistant commissioner for natural resources at the state Department of Environmental Conservation.

Kathleen Moser was picked to replace Christopher Amato, who left the post earlier this month after four and a half years on the job.

Kathleen Moser

Moser’s new responsibilities include oversight of the Forest Preserve in the Adirondacks and Catskills.

Adirondack Council spokesman John Sheehan applauded the appointment.

“She’s a capable person and has a good knowledge of the Forest Preserve, especially in the Adirondacks,” he said.

Neil Woodworth, executive director of the Adirondack Mountain Club, got to know Moser when she was head of the eastern New York chapter of the Nature Conservancy.

“She worked very hard with us to promote the Environmental Protection Fund and was an important ally as we tried to secure funds for land protection,” Woodworth said.

In recent years, Moser has worked for the World Wildlife Fund as well, according to her LinkedIn profile. Just before taking the DEC job, she had served on the boards of the Mohawk Hudson Land Conservancy and the Capital District chapter of the New York League of Conservation Voters.

Moser has two degrees from Duke University, a bachelor’s in botany and a master’s in forest productivity.

Adirondack Council: Protect Poke-o tract

A view across Burnt Pond. Photo courtesy of LandVest.

The Adirondack Council wants the state to purchase or otherwise protect a 2,257-acre parcel near Poke-o-Moonshine Mountain that is on the market for $2,275,000.

Dubbed Burnt Pond Forest, the tract lies just southwest of Poke-o-Moonshine, bordering state Forest Preserve. It is being marketed by LandVest, a real-estate company that deals in timberlands the Northeast.

Inside the fire tower on Poke-o-Moonshine Mountain. Photo by Phil Brown.

In an online brochure, LandVest says the property contains six peaks, several trout streams, an eighteen-acre pond, and a trail system. The brochure touts the property’s timber value but also suggests that the pond would be suitable “for the development of a recreational cabin or second home.”

Adirondack Council spokesman John Sheehan said the environmental group would like the state to either purchase the property outright or buy an easement that would forbid development. “We would like to see it protected as forestland with public recreation,” he told the Explorer.

The council first called for the protection of this land in 1990, in one of its “2020 Vision” reports, subtitled “Realizing the Recreational Potential of Adirondack Wild Forests.” Written by the guidebook author Barbara McMartin, the report recommended a variety of land acquisitions to expand the Preserve’s Wild Forest Areas. (A companion report focused on Wilderness Areas.)

McMartin, who died in 2005, recommended that the state purchase 3,660 acres north and west of Poke-o-Moonshine Mountain, a popular hiking and rock-climbing venue. She said Poke-o, which the state owns, “is just one of a cluster of mountains with exposed rock ledges, the nucleus of what could be a splendid hiking and climbing area.”

The Commission on the Adirondacks in the Twenty-First Century also recommended in 1990 that the state acquire land around Poke-o. The commission was headed by George Davis, who also oversaw the publication of the council’s 2020 Vision reports.

Burnt Pond Forest overlaps the tract eyed by McMartin and the commission. A comparison of maps suggests that more than half of Burnt Pond Forest’s acreage was targeted for the Forest Preserve.

Champlain Area Trails (CATS) also wants the state to purchase or protect the land on the market. Chris Maron, the group’s executive director, said the property is ideal for hiking and cross-country skiing. He noted that it would provide an alternative hiking route to the fire tower on Poke-o-Moonshine’s summit.

Dave Spiers, a LandVest broker, said the investment group that owns the property would be willing to sell tract to the state. “They’d be open to anybody who wants to make an offer,” he said.

It appears, though, that Burnt Pond Forest is not on the radar screen of the state Department of Environmental Conservation. Asked if DEC would have any interest in purchasing the property, spokesman David Winchell replied in an e-mail that the department is not familiar with it.

 “The owner has not approached us about selling it to the state,” Winchell said, “nor is the parcel listed as a specific priority project in the Open Space Conservation Plan.”

Sheehan, however, noted that the state has expressed interest in protecting land in the Champlain Valley, where Poke-o sits. He said the council will urge DEC’s regional open-space committee to take steps to protect Burnt Pond Forest.

Given the state’s dismal fiscal condition, some Adirondack politicians have called for a moratorium on the acquisition of land for the Forest Preserve. Sheehan, however, said the parcel in question is small enough that the state may be able to afford it. If not, he said, an easement could be acquired for less than half of the purchase price.

Click here to read LandVest’s marketing materials and view photos of the property.

Click here to read my article on Adirondack Almanack about other timberlands marketed by LandVest.

Christopher Amato to leave DEC

Christopher Amato is resigning as the state Department of Environmental Conservation’s assistant commissioner for natural resources. He said will return to practicing law in the private sector or go to work for the state attorney general.

Amato told the Explorer that he expects to remain in the Albany region, where he lives. He said he will stay at DEC for “at least a week” longer.

Christopher Amato

“It was time for me to move on,” he said. “I very much enjoyed my time here.”

Amato had been in private practice before joining DEC four and a half years ago. Earlier in his career, he worked as a lawyer for six years in the state attorney general’s office.

As assistant commissioner for natural resources, Amato oversaw many decisions involving the management of the Adirondack Forest Preserve. Asked to list a few of his accomplishments at DEC, Amato mentioned the unit management plan (UMP) for the Moose River Plains Wild Forest, which he described as a model for balancing various uses of the Forest Preserve without harming the environment. Among other things, the UMP established an Intensive-Use corridor for car camping and a new Wilderness Area where all motorized access is forbidden.

“The Moose River Plains is like a microcosm of the entire Park,” he remarked.

DEC is notoriously decades behind in drafting UMPs for all the Forest Preserve tracts in the Adirondack Park. A few years ago, Amato wrote a Viewpoint for the Explorer in which he argued that DEC should streamline its UMP process by consolidating planning for neighboring tracts. Under such a scheme, for example, DEC would write a single plan for the High Peaks, Dix Mountain, Giant Mountain, Sentinel Range, and McKenzie Mountain Wilderness Areas.

Amato still believes the UMP process needs to be improved. He suggested today that DEC could draft one management plan for all Wilderness Areas and include appendices for dealing with specific problems in the individual Forest Preserve units. “So much of these UMPs are a lot of the same [information],” he said.

DEC was supposed to finish all the UMPs in the 1970s and update them every five years.

“How are we ever going to get the staff and the time to do the five-year reviews?” Amato said. “At this point, it’s an unrealistic expectation.”

One of the biggest controversies of Amato’s tenure erupted when DEC postponed enacting a ban on floatplanes landing on Lows Lake. The action upset environmentalists, but Amato stands by the decision.

“The Lows Lake floatplane decision was important,” he said, “because there is a real necessity to encourage the type of recreational activities that rely on the Forest Preserve. If the state is going to be the owner of huge tracts of land, it needs to support uses of the Forest Preserve that are consistent with people accessing it and enjoying it. For me, floatplanes are part of the picture.”

After a three-year delay, the Lows Lake ban will take effect next year. Amato said DEC is finishing a report that will explore other opportunities for floatplane operation in the Park.

Amato leaves as DEC continues to work on two major land acquisitions for the Forest Preserve: 65,000 acres of former Finch, Pruyn lands and the 14,600-acre Follensby Park. The Adirondack Nature Conservancy bought the lands in 2007 and 2008, respectively, and plans to sell them to the state.

Despite the state’s financial problems—and some opposition to the deals—Amato said DEC remains committed to the purchases. He said DEC has been meeting with hunters, fishermen, hikers, paddlers, and other user groups to discuss how the state will manage the Finch, Pruyn lands (which will be purchased first).

Amato also has been a champion of paddlers’ rights. After I paddled through private property on Shingle Shanty Brook and encountered no-trespassing signs and a chain, Amato tried to negotiate with the landowners to allow public access. After the negotiations failed and the landowners sued me, DEC and the attorney general’s office joined the suit on behalf of paddlers. The case is still pending.

How big is the Forest Preserve?

Local officials in the Adirondack Park have long complained about the amount of land owned by the state in the Park. The state constitution decrees that this land, the Forest Preserve, “shall be forever kept as wild forest lands.” In other words, no development.

The critics see this as bad for the region’s economy. Environmentalists, however, argue that the Preserve attracts tourists and boosts the economy. This debate shows no signs of letting up.

The light-green and bluish regions are Forest Preserve.

During the Pataki administration, the state started saving vast tracts of timberlands not by acquiring them for the Preserve, but by purchasing conservation easements. Such easements prohibit development but allow logging and usually permit at least some public recreation.

As a result, the local officials have added a new phrase to their vocabulary: “owns or controls.” For example, Fred Monroe, executive director of the Local Government Review Board, recently wrote an op-ed piece asserting that the state “owns or controls” 75 percent of the land in the Park.

So just how much land does the state own and how much does it control?

First we need to correct the oft-heard claim that the Park comprises 6 million acres of private and public land. Actually, it’s 5,821,257 acres, according to the APA website. If you’re rounding, make it 5.8 million acres.

David Winchell, a spokesman for the state Department of Environmental Conservation, says the Forest Preserve totals 2,732,975 acres. This works out to 47 percent of the Park (up 5 percent since 1973).

In addition, the state holds conservation easements on 664,443 acres, according to Winchell. This works out to 11 percent of the Park.

Ergo, the state “owns or controls” about 3,397,418 acres, or 58 percent of the Park. This will rise to 61 percent if and when the Adirondack Nature Conservancy and the state complete deals in the works to save the former Finch, Pruyn lands and Follensby Pond.

All this assumes, of course, that DEC’s figures (and my math) are accurate.