Sagebrush rebellion goes down in flames

The U.S. District Court for the District of New Mexico has ruled that an Otero County resolution permitting the removal of trees from the Lincoln National Forest is unconstitutional because it violates the Supremacy Clause of the U.S. Constitution.  The court’s order also invalidated the New Mexico state statute upon which the Otero County resolution relied because it too violated the Supremacy Clause.

We’ll hope the Forest Service helps spread the word to the rest of the states and counties that believe otherwise.

Helping realtors think about climate change

Previous posts have discussed how where we choose to live contributes to the effects of climate change, both by promoting carbon lifestyles and building in locations at risk.  The Missoula Organization of Realtors hosted a conference on the effects of climate change on their industry.  This is a step in the right direction.  Missing from the presentation though were the perspectives on urban interface living from local government planners and public land managers.

Owls/logging/fire debate in ongoing “collaboration” in Arizona

This story seems to deal with some substantive and procedural questions that are popular on this blog.  Environmental groups are offering alternatives that the Forest Service doesn’t seem interested in.

Elson, the Flagstaff District Ranger, acknowledged that some parts of the FWPP plan do fly in the face of the Mexican spotted owl recovery plan’s recommendations. But overall, the plan is in the best interest of the species, he said.

“The recovery plan would say we generally don’t want to disturb the owls during breeding season, but that is the necessary price to achieve reduced wildfire risk,” which poses the greatest threat to the birds, he said.

For example, doing thinning or prescribed burning in owl habitat areas during the spring and summer months, which overlap with breeding season, will allow that work to happen two to three times faster, Elson said. And that means a reduced wildfire risk in the area will happen sooner, he said.

Why does the Forest Service get to decide that NOT following the recovery plan is in the best interest of the species – that wildfire poses the greatest threat?  How “necessary” is it really to do a treatment “faster?”  (Doesn’t that just mean that resources could instead be used to treat other areas?)

Three Fire Strategies- by Stephen Pyne

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Here’s a link to a post in Slate and below is an excerpt:

Resistance. Fire suppression continues to thrive because there are fires we need to stop, but the strategy has also reinvented itself from simple firefighting to an all-hazard emergency service model that effectively looks like an urban fire department in the woods. This makes sense in places defined by urban sprawl, but it’s expensive, and it has not shown it can manage fire. If the strategy retains the strengths of fire suppression, it also magnifies suppression’s weaknesses.

Restoration. Restoration’s ambition is to get ahead of the problem. Yet the vision has proved expensive and complicated. Federal, state, and local jurisdictions are all involved with many projects. Before controlled fire can, in fact, be controlled, there often need to be expensive pretreatments like forest thinning. Emissions from long-burning fire can linger, causing other problems. Between the financial, political, and social costs, there is little reason to believe that the country will muster the will to rehabilitate, at the rate or scale required, the tens of millions of acres believed by the Forest Service, Nature Conservancy, and the Government Accountability Office to be out of whack. Probably the best we can hope for is to shield high-value locales like exurbs and municipal watersheds.

Resilience. A new strategy from the West accepts that we are unlikely to get ahead of the problems coming at us. Instead of attempting to directly control burns, it confines and contains outbreaks. Of course there are some fires that simply bolt away from the moment of ignition, and there are some that must be attacked instantly because they threaten people or critical sites. But many fires offer opportunities to back off and burn out. These are not let-burns. Rather, fire officers concentrate their efforts at point protection where assets are most valuable. Elsewhere they will try to pick places—draw boxes—which they can hold with minimum expenses, risks, and damages. Some patches will burn more severely than we would like, and some will barely burn at all, but the rest will likely burn within a range of tolerance. Such burnouts may well be the West’s alternative to prescribed fire on the Southeastern model or to unrestrained wildfire.

Sharon’s thoughts: I agree with Pyne’s rock, paper, scissors analogy.

The idea of “whackness” though, continues to be “wacky”, IMHO, in this time of climate change. And the cost has always been too big to do everywhere (although in some circles, this has not been popular thinking). I remember a Forest Service field trip around 2007 with Fred Norbury (then Associate Deputy Chief for National Forest Systems at the Forest Service if I recall, an economist by background). We were looking at fuels treatments on the Pike part of the PSICC, and when Fred was told their per acre costs, and how often the treatments would have to be redone, you could almost see the calculations going on behind Fred’s eyeballs. Not to speak of the air quality issues, difficulty in finding a window, liability and so on. This dog (“restoring the West”) was never going to hunt, for a variety of philosophical (restore to what? why pick that?), and practical reasons, not the least of which was the price tage. I’m glad Pyne said it out loud.

Now, I would not term the third either “resilience” or “new”. People have been using that approach to fire management since way before I retired. I don’t know what it was called, or even if it had a name (fire people seem to always be making up new terminology) but people have been doing it. Using the right tool and the right strategy for the job seems like “common-sense” fire management, that reflects protecting values at risk and public and firefighter safety, while trying to spend less.

It does seem to me, however, that there are lots of situations where values about public lands can and do differ, and the wisest team of fire people are not always going to get the “right” answer in terms of what the fire will do and what the impacts will be. There is so much second-guessing in the world today, and assuming other people are screwed up, ignorant, incompetent, malevolent, and so on (especially on the internet). I don’t doubt that this “not-new” approach is needed. But I wonder whether our litigious and disagreeable society is ready for it. What do you all think?

Career Ladders for Temps?!?! Maybe Soon!

More interesting news for “disposable” employees!

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NFFE-Backed Temporary Employment Reform Legislation Approved by Senate Committee

There may come a time when temporary employees actually have a career ladder!

“Thousands of wildland firefighters and other dedicated seasonal workers have been stuck for too long in dead-end jobs, not because of a lack of merit on their parts, but because of flawed regulations that do not recognize their years of service,” said Mark Davis, Vice President of the National Federation of Federal Employees (NFFE) and past President of the NFFE Forest Service Council.  “Many others leave and take their years of experience with them because of blocked career paths. After years of work, I’m optimistic that we are about to fix that.”

Of course, this is most directed towards firefighters, as so many timber temps have been jettisoned or have found “other employment”. Most temps would say that there is plenty of work to do, outside of their 1039 appointments but, that issue is not being addressed. The higher-ups choose to continue to embrace the 1039 appointments, thinking that policy is “good enough for Government work”. There really is nothing stopping the Forest Service from changing their policies on 1039 appointments. Truthfully, I’d like to see the temporary appointments scaled back to 800 hours, essentially forcing the Forest Service and other Agencies to hire more 13/13 permanent positions. Yep, make it too costly and “inconvenient” for them to continue using temps to do work that is needed, each and every year. It’s up to OPM to impose more rules, to stop the abuse of the temporary hiring authority.

Sleeping With the Enemy?

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Timber industry people who don’t trust forest collaboration believe that those of us who participate in collaboratives are sleeping with the enemy. Environmentalists who would rather sue than participate in collaboratives think that environmentalists who collaborate with us are sleeping with the enemy. So it’s unanimous. We’re sleeping with our enemies. I don’t care what our critics think. Collaborative groups, ours included, are solving political problems that should never have become political problems, and those problems are the reason why our forests are dying and burning before our very eyes. So if you really want to know what collaboration is all about, it’s about protecting forests from the ravages of nature, not just for our benefit, but also for the benefit of future generations.

Duane Vaagen, Chief Executive Officer
Vaagen Brothers Lumber Company, Colville, Washington

http://www.evergreenmagazine.com/forest-collaboration-in-northeast-washington-part-1-duane-vaagen/

Larry’s note: Sent to me from a reader, this points out the, maybe, necessary mistrust at this part of the collaborative journey. We need all sides to embrace full transparency, so that the public at-large can more accurately form a better-educated opinion of the compromises that might work, for those site-specific conditions. I do think that the tables are turning, in favor of more active management and stewardship. I do think this summer’s fire season might convince a few more people, too.

Court Rules In Favor Of Rim Fire Logging

Coincidentally, this on the Rim Fire litigation..from a local paper..here is the link and below an excerpt. No need for photos, thanks to Larry!

Sonora, CA — Yesterday, the U.S. Court of Appeals nixed an argument by a group of nonlocal environmentalists that Rim Fire recovery logging threatens spotted owl habitat, effectively removing a potential log-jam to current clean-up efforts.

According to Stanislaus National Forest spokesperson Rebecca Garcia, “The Ninth Circuit Court ruled in favor of the US Forest Service on the Rim Fire case, and so the U.S. Forest Service, the Stanislaus National Forest will continue forward on the Rim Fire recovery efforts.” She adds, as far as the work being done, “Nothing had never stopped. The litigants had appealed to the courts back in August to get a stay to try to halt the work…out on the landscape…while they were putting together their case. But that was not granted and work has continued…until weather did not allow it…and it started up again this spring…and will continue as long as the wood is good.”

The court’s decision, which was filed in San Francisco Tuesday, leaves the plaintiffs, the Center for Biological Diversity, Earth Island Institute and California Chaparral Institute a final option: to see if the Supreme Court will hear their case. That route is both uncertain and likely to take more months than the planned scope of recovery efforts. The Ninth Circuit judges indicated in their decision that the plaintiffs had not established a likelihood of success on the merits of their claims under the National Environmental Policy Act. Additionally, the judges indicated that the Forest Service had re-established six protected activity centers where surveys detected owl presence; and accurately addressed the scientific literature on owl occupancy in post-fire, high-severity burn habitat.

Here’s to all the folks who worked on this case!!!

Rim Fire Images

The media does like to sensationalize events like the Rim Fire, often implying that the lands have been “destroyed”. The Rim Fire is so huge and burned across so many differing kinds of vegetation that you cannot summarize too much. Even my own “sampling” from the access roads doesn’t cover very much of the impacts and effects of a 250,000 acre wildfire.

Much of the wildfire burned in plantations generated from previous wildfires. Here is an example of one of those plantations that wasn’t thinned. I can see why it wasn’t but, maybe a “pre-commercial thinning” kind of task could have been included into one of the other commercial plantation thinning projects that I worked on, back in 2000.

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In the same area were blocks of land that were left for “Mother Nature”, after the early 70’s Granite Fire. Here is what a 40 year old brushfield looks like. Those blocks are choked with deer brush, whitethorn and manzanita, with very few conifers, and fewer oaks than the “natural stands” (as they called the unburned portions).

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As you can see, sometimes there is a fine line between a total plantation loss and one that has survived a wildfire. This is one of the thinned plantations, near Cherry Lake.

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Here is another example of an “old growth” brushfield. While this one didn’t burn much, there are many examples of them burning at moderate to high intensities. Looking at Google Maps, I can find examples where the flames from the brushfields were pushed into the thinned plantations. The Forest Service should be treating those old brushfields with prescribed fire, instead of “whatever happens”.

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This unburned stand, within the fire perimeter, is a good example of the work we did back in 2000. I don’t really know of any other reason why this large patch, near Cherry Lake, didn’t burn

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The Clavey River, long-cherished by the local eco-community, acted like a conduit for the Rim Fire, as it burned so many acres in just one day. However, you can see that the intensity and damage is rather minimal. There is a fork in the river, down there, and the main fork of the fire went up that way, finding more conifers to burn. (It also found the big block of Sierra Pacific Industries lands.) I found it very interesting that the isolated pockets of Douglas-firs had very high mortality, but only a low-to-moderate intensity.P9206804-web

Here is one of those pockets, alongside the Clavey River. In the past, this kind of pocket would be thrown into a large helicopter salvage project.

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Service Contract Re-visited

In my last adventure, I decided to pass through an area of the Tahoe National Forest, where I worked in 1996 and 1997. During that time, I worked on fire salvage, blowdown salvage, insect salvage and roadside hazard tree projects. There was also this Service Contract, which reduced fuels without cutting trees over 9.9″ dbh. The logger had three varied types of cutting machines, each of them with their strengths and limitations. He was a crusty old guy, who didn’t like the Federal “oversight” of his work.

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I usually liked to change these loggers’ perception of what inspectors do. He wasn’t used to getting “written up” for doing good work but, he was still quite wary of me. I once caught him damaging the bark of a leave tree with his machine, then getting off it, and applying some dirt to the wound (to hide it). As he was getting back to his seat, he saw me. I gave him the “naughty, naughty” hand signal, and walked over there. I waited to see how he would react to getting caught. Surprisingly, he kind of hung his head, and was quiet, for once. So, I told him that there is an acceptable level of “damage” in this kind of work and he wasn’t anywhere near close to it, yet. I think our relationship changed, a little, after that agreement.

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One of the keys to success was the ability to do a cool prescribed burn. All too often, fuels are still too thick and the burn is a bit hotter than the residual trees can stand. In this case, the firefighters did well in achieving a nice, cool and effective burn. On the west-facing slopes, the brush has grown back, somewhat. That is to be expected, and will continue, until it is shaded out.

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As far as resilience to fire and drought, it is pretty clear that the spacing is very good. The brush looks like it can be burned safely, on a regular basis. The pines also seem to be quite healthy and vigorous. Keep in mind, this area along Highway 89, in the eastside pine zone, is in a rainshadow east of the Sierra Nevada Crest. There are some western junipers up on the ridgetop, and the Nevada desert is 15 miles away.

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The Rim Fire Salvage Seems Done

My last expedition included another trip to Yosemite, and the Rim Fire. I DO think that there are enough dead trees for the owls to “enjoy” in their respite from breeding. Then again, maybe this new “Circle of Life” will provide more food, in the form of baby owls, to larger predators?

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You might also notice the ongoing beetle kills, which will increase when spring and summer come into play. This next picture shows the little bit of harvesting that was done along Highway 120. You can see the drainage where the Highway sits, and you can also see how wide the hazard tree units are. The barren area in the foreground is/was chaparral.

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I am glad that the Forest Service “took my advice” about getting the work done before there was any chance to appeal to a more liberal….errr….. higher court. However, is THIS what we want our salvaged wildfires to look like? This area should be ready for re-burn in a few short years. Also, be reminded that two of the plantation salvage projects did not sell, despite the prompt action by the Forest Service. My guess is that SPI was low-balling the Forest Service to get those smaller trees at less than “base rates”. That means that the prices remain the same (rock bottom) but, some of the non-commercial treatments would be dropped. It appears that the Forest Service wasn’t willing to go as low as SPI wanted. So, those perfectly good salvage trees will be left, “for wildlife”, it appears.