scholarly journals Liability and the Use of Prescribed Fire in the Southern Plains, USA: A Survey of District Court Judges

Land ◽  
2020 ◽  
Vol 9 (9) ◽  
pp. 318
Author(s):  
Alissa Hinojosa ◽  
Urs P. Kreuter ◽  
Carissa L. Wonkka

Suppression of historical fire regimes has changed the composition and structure of many fire-dependent ecosystems, frequently resulting in decreased grazing productivity and biodiversity in grasslands and savannas. Land managers have attempted to reverse these trends through the application of prescribed fire, but regulations and liability concerns often deter them. District court judges play a key role in defining the legal context of prescribed burning by interpreting applicable statutes in personal injury or property damage cases resulting from escaped prescribed fire. However, information about the way judges interpret open burning statutes and regulations is difficult to obtain. We conducted a mail survey of district court judges in Texas and Oklahoma, USA to shed light on decisions judges might make presiding over an escaped fire case. The survey included questions regarding their perception of prescribed fire, their understanding of the laws affecting prescribed burning, and hypothetical questions to determine how they would apply relevant law in an escaped fire case. We found that judges cited fewer factors as evidence of gross negligence than simple negligence. This suggests that a shift toward a gross negligence liability standard for escaped prescribed fire cases might result in fewer findings of prescribed burner liability.

2012 ◽  
Vol 21 (3) ◽  
pp. 297 ◽  
Author(s):  
Owen F. Price ◽  
Jeremy Russell-Smith ◽  
Felicity Watt

Fire regimes in many north Australian savanna regions are today characterised by frequent wildfires occurring in the latter part of the 7-month dry season. A fire management program instigated from 2005 over 24 000 km2 of biodiversity-rich Western Arnhem Land aims to reduce the area and severity of late dry-season fires, and associated greenhouse gas emissions, through targeted early dry-season prescribed burning. This study used fire history mapping derived mostly from Landsat imagery over the period 1990–2009 and statistical modelling to quantify the mitigation of late dry-season wildfire through prescribed burning. From 2005, there has been a reduction in mean annual total proportion burnt (from 38 to 30%), and particularly of late dry-season fires (from 29 to 12.5%). The slope of the relationship between the proportion of early-season prescribed fire and subsequent late dry-season wildfire was ~–1. This means that imposing prescribed early dry-season burning can substantially reduce late dry-season fire area, by direct one-to-one replacement. There is some evidence that the spatially strategic program has achieved even better mitigation than this. The observed reduction in late dry-season fire without concomitant increase in overall area burnt has important ecological and greenhouse gas emissions implications. This efficient mitigation of wildfire contrasts markedly with observations reported from temperate fire-prone forested systems.


1998 ◽  
Vol 22 (3) ◽  
pp. 138-142 ◽  
Author(s):  
T.A. Barnes ◽  
D.H. Van Lear

Abstract Fire treatments were initiated in 1990 to evaluate effects of low-intensity prescribed fires on composition and structure of the advanced regeneration pool under mature mixed-hardwood stands on upland sites in the Piedmont of South Carolina. One spring burn was as effective as three winter burns in reducing midstory density, considered a prerequisite for subsequent development of oak (Quercus spp.) advanced regeneration. Burning increased the number of oak rootstocks, reduced the relative position of competing species, and increased root-to-shoot ratios of oak stems in the regeneration layer. These favorable effects of fire on oak regeneration outweigh the removal of small, poorly formed oak stems from the midstory/understory strata during burning. Prescribed burning in hardwood forests may solve some of the current oak regeneration problems, especially on better upland sites in the South. South. J. Appl. For. 22(3):138-142.


2019 ◽  
Vol 139 (3) ◽  
pp. 393-406
Author(s):  
Sarah Cogos ◽  
Samuel Roturier ◽  
Lars Östlund

AbstractIn Sweden, prescribed burning was trialed as early as the 1890s for forest regeneration purposes. However, the origins of prescribed burning in Sweden are commonly attributed to Joel Efraim Wretlind, forest manager in the State Forest district of Malå, Västerbotten County, from 1920 to 1952. To more fully understand the role he played in the development of prescribed burning and the extent of his burning, we examined historical records from the State Forest Company’s archive and Wretlind’s personal archive. The data showed that at least 11,208 ha was burned through prescribed burning between 1921 and 1970, representing 18.7% of the Malå state-owned forest area. Wretlind thus created a new forestry-driven fire regime, reaching, during peak years, extents close to historical fire regimes before the fire suppression era, and much higher than present-day burning. His use of prescribed fire to regenerate forests served as a guide for many other forest managers, spreading to all of northern Sweden during the 1950–1960s. Our analysis of Wretlind’s latest accounts also shows how he stood against the evolutions of modern forestry to defend a forestry system based on the reproduction of natural processes, such as fire.


Author(s):  
J A Alexander ◽  
W H Fick ◽  
S B Ogden ◽  
D A Haukos ◽  
J Lemmon ◽  
...  

Abstract The predominant grazing management practice of the Kansas Flint Hills involves annual prescribed burning in March or April with post-fire grazing by yearling beef cattle at a high stocking density from April to August. There has been a dramatic increase in sericea lespedeza (Lespedeza cuneata [Dumont] G. Don) coincident with this temporally-focused use of prescribed fire in the Flint Hills region. The species is an aggressive invader and a statewide noxious weed in Kansas. Control has generally been attempted using repeated herbicide applications. This approach has not limited proliferation of sericea lespedeza and resulted in collateral damage to non-target flora and fauna. Alternative timing of prescribed fire has not been evaluated for its control. Our objectives for this 4-yr experiment were to (1) document the effects of prescribed burning during early April, early August, or early September on vigor of sericea lespedeza, standing forage biomass, and basal cover of native graminoids, forbs, and shrubs and (2) measure responses to fire regimes by grassland bird and butterfly communities. Whole-plant dry mass, basal cover, and seed production of sericea lespedeza were markedly less (P < 0.01) in areas treated with prescribed fire in August or September compared with April. Forage biomass did not differ (P ≥ 0.43) among treatments when measured during July; moreover, frequencies of bare soil, litter, and total basal plant cover were not different (P ≥ 0.29) among treatments. Combined basal covers of C4 grasses, C3 grasses, annual grasses, forbs, and shrubs also did not differ (P ≥ 0.11) between treatments. Densities of grasshopper sparrow (Ammodramus savannarum), dickcissel (Spiza americana), and eastern meadowlark (Sturnella magna) were not negatively affected (P > 0.10) by mid-summer or late-summer fires relative to early-spring fires. There were no differences (P > 0.10) in densities of grassland-specialist butterfly species across fire regimes. Under the conditions of our experiment, prescribed burning during summer produced no detrimental effects on forage production, desirable non-target plant species, grassland birds, or butterfly communities but had strong suppressive effects on sericea lespedeza. Additional research is warranted to investigate how to best incorporate late-summer prescribed fire into common grazing-management practices in the Kansas Flint Hills.


2012 ◽  
Vol 21 (6) ◽  
pp. 629 ◽  
Author(s):  
R. A. Bradstock ◽  
M. M. Boer ◽  
G. J. Cary ◽  
O. F. Price ◽  
R. J. Williams ◽  
...  

Prescribed fire can potentially reduce carbon emissions from unplanned fires. This potential will differ among ecosystems owing to inherent differences in the efficacy of prescribed burning in reducing unplanned fire activity (or ‘leverage’, i.e. the reduction in area of unplanned fire per unit area of prescribed fire). In temperate eucalypt forests, prescribed burning leverage is relatively low and potential for mitigation of carbon emissions from unplanned fires via prescribed fire is potentially limited. Simulations of fire regimes accounting for non-linear patterns of fuel dynamics for three fuel types characteristic of eucalypt forests in south-eastern Australia supported this prediction. Estimated mean annual fuel consumption increased with diminishing leverage and increasing rate of prescribed burning, even though average fire intensity (prescribed and unplanned fires combined) decreased. The results indicated that use of prescribed burning in these temperate forests is unlikely to yield a net reduction in carbon emissions. Future increases in burning rates under climate change may increase emissions and reduce carbon sequestration. A more detailed understanding of the efficacy of prescribed burning and dynamics of combustible biomass pools is required to clarify the potential for mitigation of carbon emissions in temperate eucalypt forests and other ecosystems.


Fire ◽  
2021 ◽  
Vol 4 (3) ◽  
pp. 37
Author(s):  
Tony Marks-Block ◽  
William Tripp

Prescribed burning by Indigenous people was once ubiquitous throughout California. Settler colonialism brought immense investments in fire suppression by the United States Forest Service and the California Department of Forestry and Fire Prevention (CAL FIRE) to protect timber and structures, effectively limiting prescribed burning in California. Despite this, fire-dependent American Indian communities such as the Karuk and Yurok peoples, stalwartly advocate for expanding prescribed burning as a part of their efforts to revitalize their culture and sovereignty. To examine the political ecology of prescribed burning in Northern California, we coupled participant observation of prescribed burning in Karuk and Yurok territories (2015–2019) with 75 surveys and 18 interviews with Indigenous and non-Indigenous fire managers to identify political structures and material conditions that facilitate and constrain prescribed fire expansion. Managers report that interagency partnerships have provided supplemental funding and personnel to enable burning, and that decentralized prescribed burn associations facilitate prescribed fire. However, land dispossession and centralized state regulations undermine Indigenous and local fire governance. Excessive investment in suppression and the underfunding of prescribed fire produces a scarcity of personnel to implement and plan burns. Where Tribes and local communities have established burning infrastructure, authorities should consider the devolution of decision-making and land repatriation to accelerate prescribed fire expansion.


2008 ◽  
Vol 38 (4) ◽  
pp. 844-850 ◽  
Author(s):  
Gregory Peters ◽  
Anna Sala

Thinning and thinning followed by prescribed fire are common management practices intended to restore historic conditions in low-elevation ponderosa pine ( Pinus ponderosa Dougl. ex P. & C. Laws.) forests of the northern Rocky Mountains. While these treatments generally ameliorate the physiology and growth of residual trees, treatment-specific effects on reproductive output are not known. We examined reproductive output of second-growth ponderosa pine in western Montana 9 years after the application of four treatments: thinning, thinning followed by spring prescribed fire, thinning followed by fall prescribed fire, and unthinned control stands. Field and greenhouse observations indicated that reproductive traits vary depending on the specific management treatment. Cone production was significantly higher in trees from all actively managed stands relative to control trees. Trees subjected to prescribed fire produced cones with higher numbers of filled seeds than trees in unburned treatments. Seed mass, percentage germination, and seedling biomass were significantly lower for seeds from trees in spring burn treatments relative to all others and were generally higher in trees from fall burn treatments. We show for the first time that thinning and prescribed-burning treatments can influence reproductive output in ponderosa pine.


2005 ◽  
Vol 19 (2) ◽  
pp. 319-324 ◽  
Author(s):  
James S. Jacobs ◽  
Roger L. Sheley

Herbicides are an important tool for managing weeds where prescribed fire is used for rangeland improvement. Understanding how the season of herbicide application relates to prescribed burning is important. Our objective was to determine the effect of picloram and chlorsulfuron on Dalmatian toadflax cover, density, and biomass, where these herbicides were applied in the fall before burning or in the spring before or after burning. Six herbicide treatments and an untreated check were applied in a randomized complete block design with four replications to a prescribed burn at two sites infested with Dalmatian toadflax in Montana, United States. Herbicides were applied in the fall preburn, spring preburn, and spring postburn. Site 1 was treated in 1999 and 2000, and site 2 was treated in 2000 and 2001. Cover, biomass, and density of Dalmatian toadflax were sampled in September 2000, 2001, and 2002 at site 1 and September 2001 and 2002 at site 2. At site 1, cover, biomass, and density of Dalmatian toadflax were at least 76% lower compared with the check in both spring-applied picloram treatments, whereas the fall picloram treatment had similar Dalmatian toadflax cover, biomass, and density compared with the check 3 yr after application. By 2002, chlorsulfuron reduced Dalmatian toadflax cover, biomass, and density by at least 79% compared with the check in all timings of application at site 1. At site 2, Dalmatian toadflax cover, biomass, and density were reduced by at least 86% for all picloram and chlorsulfuron treatments in 2002, 2 yr after application. Chlorsulfuron applied in the fall or the spring and picloram applied in the spring effectively suppressed Dalmatian toadflax cover, biomass, and density for up to 3 yr.


2012 ◽  
Vol 124 (1) ◽  
pp. 1 ◽  
Author(s):  
A. Malcolm Gill

In the trend towards the domestication, or taming, of fire regimes in Victoria, Australia, the level of prescribed burning has been stepped up due to a recommendation from the 2009 Victorian Bushfires Royal Commission. While prescribed burning programs may be instituted for a number of reasons, especially the protection of life and property, they have consequences for the conservation of biodiversity. Not all vegetation types can be prescribed burned because the weather does not always allow it to occur under safe working conditions; where prescribed burning programs are carried out, unplanned fires may still occur. Thus, the general issue is the effect on biodiversity of both prescribed and unplanned fires, neither alone. Here, the importance to biodiversity conservation of all the components of the fire regime– interval, season, intensity and type (peat fire or otherwise) – and their domain of variability is emphasized. If conservation of biodiversity is to be guaranteed in a changing fire world, then much more knowledge about the systems being managed, gained in large part through effective monitoring, is needed. Issues such as targets and some assumptions of management are addressed here.


2010 ◽  
Vol 16 (1) ◽  
pp. 46 ◽  
Author(s):  
T. D. Penman ◽  
S. H. Penman

Prescribed burning is applied worldwide as a forest management tool. It is broadly accepted that altered fire regimes can directly impact upon community structure and composition, but little is known about the indirect effects of altered fire regimes on the mechanisms that produce community-level changes such as changes to the reproductive output of individual plants, hence populations. We examined the reproductive output of four species of Proteaceae within a long term study site where disturbance histories for the last twenty years have been accurately recorded on 216 plots. Frequent fire was found to increase woody fruit production in Banksia marginata, but had no apparent effect on B. serrata, Hakea eriantha or H. sericea. Results of this study vary from a similar study which examined the effect of wildfires. The differences observed are likely to reflect the differing impacts of fire intensity on these species. Indirect changes in fruit production may result in changes in reproductive success of species which in turn may affect vegetation community structure and faunal habitat.


Sign in / Sign up

Export Citation Format

Share Document