New law in Washington: transporting wood

Jun 04, 2005 45 Replies

The following newspaper article was circulated around our chapter meeting the other night. Since we're close to WA as well as have several members from southern Washington it was of importance to the membership. Anyone heard any more about this new law to take effect on July 1? Any idea on how this would even be enforced with firewood cutters, helping out a neighbor, roadside ditch scavenging, etc?



Seems cumbersome and not very workable. If it's just targeting BL Maples, are deputies going to be schooled in recognizing pieces from the bark or green wood? Who determines what constitutes "specialty wood"? How much figure is too much? While I can see and understand the frustration and anger of those who have lost property to tree rustlers, it seems to me there could be a more workable solution addressing the wholesale and retail of such wood.


Tuesday, May 31, 2005
>
> Poachers target maple trees for their 'figured' wood
> Law seeks to halt theft of timber used in fiddles, guitars
>
> THE ASSOCIATED PRESS

Snip of the full article but take note of the last paragraphs:


Officials hope a new law taking effect July 1 will help curtail illegal tree
> harvesters.
>
> The measure requires a permit for transporting "specialty wood," which
> includes logs of less than 8 feet, free of knots, which can be turned into
> musical instruments or ornamental boxes.
>
> The permit must be signed by the owner and identify the person's property. It
> also must be endorsed by the sheriff's office and kept with the wood during
> transport. When the law goes into effect, any person transporting specialty
> wood without a permit would be in immediate violation of the law. Officers
> may seize the wood along with the vehicle and tools.
>

There is a much more workable solution - respect for the property of others.

It's like the folks that come traipsing across my place - when asked, they answer "I didn't know who owned it."

"You know _you_ don't. Should be enough."

Instead we get laws and legalism like "who determines what constitutes 'specialty wood, '" and questions on the competence of those who will have to enforce the law the people's representatives have made.

I sign Christmas tree transport permits as landowner every year. Not really a problem.

Owen, A property owner can protect their timber by letting it be known that he plans to cut a tree down. The tree huggers will gather, lock arms. sing songs and protect his property, although not his right to use it.

In the true spirit of net forums, I must caution you against posting political opinions about Washington's legislature, correct or not. Pertinence is no excuse. Of course, as a self appointed moderator, it's ok for me. "Peace in our time", eh? :)

Turn to Safety, Arch Fortiter

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What's next? Permits required to transport more than $100 cash because it MIGHT have been illegally obtained?

This is a bogus law since it bypasses due-process, and makes a person engaging in free trade (or a hobby) a criminal. This is doubly horrible since there is a simpler solution, which is to have officers stop vehicles transporting timber and inquire about the log, just as they do with any other questionable situation. The best response to such a inquiry is to show the officer a bill of sale (even it is just for a token $1) signed by the former owner.

Let's face it, it is a kneejerk law written to a apease voters.

Dan

IMHO, this is a case of making a new law because they aren't enforcing an old one... Sort of like "cracking down" on drivers with cell phones... I've seen folks that drive fine while on a cell.. others that shouldn't be allowed to drive at all... the point is that there are already several laws that can be enforced, such as reckless driving, etc... enforce the standing law and apply it to maps, radio tuning, makeup, newspapers, shavers, etc... YMMV

mac

Please remove splinters before emailing

Well Great. Another extremely critical problem for our already overburdened law enforcement officers to worry about.

Thank you "The Nanny State." Helmet laws, seatbelt laws, smoking laws, wood laws...how about they just enforce the ones they already have, shoot rustlers and let natural selection have half a chance.

-- Chuck *#:^) chaz3913(AT)yahoo(DOT)com Anti-spam sig: please remove "NO SPAM" from e-mail address to reply. <

September 11, 2001 - Never Forget

"Dan Bollinger" wrote in > This is a bogus law since it bypasses due-process, and makes a person

How do you feel about gypsy moth and emerald ash borer laws?

damn, I didn't even know that moths' and borer's had legislative branches... how many laws have they passed??

mac

Please remove splinters before emailing

Consider a couple scenarios that might affect woodturners:

1) you own the tree parts that you are carting to a wood meeting to offer for raffle; 2) you "win" a chunkamapleburl in a raffle in Oregon and cart it home to Washington; 3) the Big Leaf Maple you have stacked up next to your garage was obtained long before this law went into effect - how do you prove it was obtained legally; 4) you come across a line crew removing growth from the vicinity of the electric lines. They are just going to chip it all up and would gladly give you what you wanted but you must first locate the property owner and then visit the county sheriff's office before carting off wood that has a use beyond the chipper.

Granted all of these have a work-around but the law is creating criminals out of innocent activities. I can fully understand the desire to stop rustling but I think there's got to be a better way than to consider all who possess and/or transport Big Leaf Maple, Alder and other woods as criminals who rustled their stash from someone's property.

Part of the law that has my boxers in a bunch is the requirement to obtain a sheriff's permit for each instance instead of a yearly permit from the state. I'm certain Washington is similar to Oregon and other states in that the sheriff is located at the county seat - not in every town - that would be a 40 mile round trip for me in just my county, not to mention the 4 or 5 other surrounding counties and their respective sheriff's offices.

I'm sure there are those reading this who think it's much to do about nothing - after all, it would be pretty easy to conceal much of what we carry around. But is an officer allowed to search a vehicle he has stopped for a traffic violation if he spots a chainsaw or bark pieces on the floormat? Will the occifers be following the musical notes of a chainsaw to ensure the proper permits and permissions have been obtained? Will the woodturning club members be forced to the backroads to and from meetings in the vein of moonshiners? Laugh if you want but consider if your state put in a similar law covering Black Walnut, Cherry, Mesquite, Norfolk Is. Pine, etcetera.

=======>Here's the site where the law is set forth. I can't understand how this ever got through the legislature in such a form. I think the EU Constitution writers are moonlighting for the WA State Legislature.

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I agree, it's pretty horrendous. I'm not even entirely sure what a tree rustler is, but I can't imagine it's really that common a problem. I know I'd be in trouble if they passed a law of that type in Wisconsin- on weekends, especially after big storms, I like to go onto county land and either cut deadfall that is blocking the trails or pick up stuff the liscensed loggers leave behind for turning purposes (usually crotch wood and the like). I don't trespass on private property, and I never cut a live tree for any reason- but how would the sheriff know, if I were stopped and had no permit? Granted, it's not a law here yet, but it seems like once there's a precedent somewhere for just about anything, everyone wants to jump in eventually.

Yep, it'd be a 45 mile round trip for me as well.

Agreed, it's not funny- especially the bit about them seizing the vehicle and tools. There are some other laws on the books that allow this (I can't remember the specific cases, but I believe that they generally involve suspected drug dealer and subversive groups) IIRC, the standard procedure is to auction siezed property, and if the trial is held after the auction occurs, the accused is just out of luck, even if they are cleared of all charges. Taking the wood is one thing, but essentially stealing tools and vehicles from a guy bringing a hunk of firewood home from a buddy's house is insane.

We have lived with the first for years, though the second is a relatively new problem. Outright ban now on moving ash from infected areas. Of course, like environmental law, they're really only enforced on large-scale operations. Periodically the DEQ will inspect firewood haulers of the individual type, just as they check and demand draining of your boat after pulling it from a zebra-mussel infested area. Don't want them in inland lakes and streams any faster than they can walk by themselves.

Second-guessing legalism and police-bashing aside, it's aimed and will likely only be enforced against the guy hauling a trailer. Don't know that it would ever become a primary enforcement item.

Hi Owen, We've all had a serious post diverted by 'humor', so I should have known better and taken care not to appear to laugh at your problem. Some states can take your property by eminent domain then sell it to a private owner and here they can declare your property to be 'historical' and deny any changes thereafter, but not reduce taxes. Our legislature's intentions are often interpreted as they please and enforced or not by unelected staff, usually to the detriment of citizens. Not funny and no :).

Turn to Safety, Arch Fortiter

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Solution to that--forget to separate a bunch of oily rags sitting under the pile of lumber in the basement with a few gallon cans of naphtha and other flammable solvents sitting on top of it and go on vacation. Oops. You mean they'll _do_ that? Gee whiz, I never imagined . . .

====> What bothers me about this is the almost stealth-like passage of the legislation. Also, its shotgun application to all people who deal with wood either for personal firewood gathering, for turning purposes or even for carving (lots of cedar used for that in the chainsaw carving genre). Western Washington, where I live, lots of people use wood stoves and there is a cottage industry of chainsaw carving. I used to haul ten cords of wood that was sold off the University of Washington's demonstration forest per year. They issued sale receipts, but now, it appears that I would have to have a Sheriff's blessing on each load that I trucked out. It would take about 20 truckloads. I didn't use a trailer. Random enforcement is like traffic stops for a taillight out, but they ask to search your vehicle anyway. What is it about the politicians that they persist in trying to make criminals out of all of us. As stated above, I think the new law is a knee-jerk response to a few occasions and perhaps some influential ox was gored. I will be speaking with my State Senator about this.

Leif

Soften him up with LDD first!

=====>Good idea! And then maybe I can turn her!!!

Leif

Power--if everybody is a criminal then anybody can be arrested at any time on a politician's whim.

Too late for LDD, Harry. As with Fla. the Wash. senate is likely already cracked. If not, it is surely warped and gone oval.

Turn to Safety, Arch Fortiter

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