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[AgriLife Today] Increased legal liabilities limit prescribed fire use for brush control

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Increased legal liabilities may be limiting prescribed fire use for brush control, according to a Texas A&M AgriLife Research study. (Texas A&M AgriLife Communications photo by Kay Ledbetter)

By: Kay Ledbetter

Greater fire danger, deteriorating ecosystems could result

Writer: Kay Ledbetter, 806-677-5608, skledbetter@ag.tamu.edu
Contact: Dr. Bill Rogers, 979-845-0317, wer@tamu.edu

COLLEGE STATION – Private landowners and managers tend to shy away from the use of prescribed fire for maintaining rangeland and forest ecosystems in spite of the known benefits due to the potential liability factor, according to a Texas A&M AgriLife Research study.

This is a concern, said Dr. Bill Rogers, a Texas A&M AgriLife Research professor in the department of ecosystem science and management in College Station, as fire has historically played an important role in achieving land management objectives, and eliminating its use could have detrimental effects.

A paper summarizing an AgriLife Research study, “Legal barriers to effective ecosystem management: exploring linkages between liability, regulations and prescribed fire,” was published in the December issue of the Ecological Applications journal.

The paper was developed by Carissa Wonkka, who completed her doctoral work with Rogers. Dr. Urs Kreuter, an AgriLife Research rangeland scientist, also contributed to the report.

“This paper is a novel approach,” Rogers said. “It utilized Carissa’s law degree and her ecological expertise in order to assess how different legal liability standards adopted by various states in the southeastern U.S. markedly influences the respective landowners and managers use of prescribed fire as an ecological management tool.”

“The ramifications for this work should extend well beyond the regions examined and will provide sound evidence for the increasingly recognized importance of integrated or interconnected ecological, economic and socio-political influences on natural resource management,” he said.

Rogers said this work highlighting the effects the legal landscape is having on private land prescribed burning and the liability-related disincentives involved sheds light on the constraints that can influence the effectiveness of ecosystems management efforts.

“Ecologists and land managers need to be aware that regulations and liability concerns may create legal barriers that inhibit the use of prescribed fire, and thus, necessitate greater education of both the public and policymakers regarding the essential role fire plays in these ecosystems,” he said.

Prescribed fire is a cost-effective tool that allows for tailoring of range and forest restoration and management, Rogers said. Without it, valuable timber species such as loblolly pine have been replaced by less economically desirable species in southeastern forests.

In the grasslands of the Great Plains, prescribed fire prevents shrub encroachment, lower forage productivity and a degradation of habitat for wildlife, he said. In addition, fire suppression and limited prescribed burning has resulted in the accumulation of fuels in both forests and encroached grasslands, increasing the risk of catastrophic wildfire.

However, landowners are hesitant to utilize this tool as they may open themselves up to a potential lawsuit in the event that a prescribed fire causes injury or property damage, Wonkka said. Prescribed burning is regulated by state law and states apply one of three liability standards to lawsuits involving prescribed burns: strict liability, simple negligence and gross negligence.

– Strict liability is the most stringent standard and holds burners liable for any property damage caused by an escaped prescribed fire, regardless of the action of the burner.

– Simple negligence standards require the burner to practice reasonable care, and it requires the plaintiff to show negligence on the part of the defendant in order to collect damages in a lawsuit. This is the most common liability standard.

– Gross negligence, the most lenient liability standard, holds that if the burner follows outlined regulations, the plaintiff must show reckless disregard by the burner in order to collect damages.

Recognizing the considerable ecosystem changes that have resulted from prolonged fire suppression policies and the need to make this tool available as a management option, many states, especially in the southeastern U.S., have undergone statutory reform to promote safe use of prescribed fire, Wonkka said.

The purpose of these statutory reforms, often called ‘‘right to burn’’ or ‘‘prescribed burning’’ acts, is to encourage use of controlled fire for resource protection, public safety and land management, she said.

“We explored the relationship between prescribed burning laws and decisions made by land managers by taking advantage of a natural experiment to compare landowner-prescribed fire use in contiguous counties with different regulations and legal liability standards,” she said.

They found private landowners in counties with gross negligence liability standards burn significantly more acres than those in counties with simple negligence standards. In addition, no difference existed between counties with statutorily mandated regulatory requirements and those requiring only a permit to complete a prescribed burn.

“We believe lawmakers attempting to develop prescribed burning statutes to promote the safe use of prescribed fire should consider the benefits of lower legal liability standards in conjunction with regulatory requirements that promote safety for those managing forests and rangelands with fire,” Wonkka said.

She said ecologists and land managers could better prepare and motivate stakeholder groups who influence prescribed fire policies with this understanding of how policy regulations and liability concerns create legal barriers inhibiting the implementation of effective ecosystem management strategies.

“Our results show that private landowners are more likely to use prescribed fire for managing their properties and burn a greater proportion of private land in counties where their state has adopted gross negligence liability standards, compared with landowners in counties who are subjected to state-mandated simple negligence legal standards,” Wonkka said.

Regulatory requirements, such as adequate firebreaks, personnel, equipment, written burn plans and certified prescribed burn managers on-site do not decrease the amount of burning on private land, Wonkka said.

“In fact, these types of regulations, in conjunction with lower liability, will make prescribed fire more available to landowners and managers while providing some safety assurances for neighbors,” she said.

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                                                                          American Lotus

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By Tony Dean

Farmers and ranchers are in a very close partnership with Mother Nature. If we really pay attention, she presents us some interesting scenarios.

For example, though they are totally different types of plants, water lilies and prickly pear have a lot in common. They both have strikingly beautiful flowers, both plants are edible, both of them are invaders into their respective habitats, and too much of either one can be an obstacle that we have to deal with.

Many north Texas ranches rely on excavated ponds for livestock water. Any time a pond contains a significant amount of shallow water so that sunlight reaches the bottom, some type of pond weed will develop.  The plant family that includes water lilies and lotuses is a common invader in our livestock water.

Water lilies and lotuses are in the same plant family but they are two separate genera. There are easy ways to tell them apart:

  • A primary difference is that water lily leaves commonly float on the surface, but lotus leaves can grow above the water line.
  • Water lily leaves and flowers are thick and waxy, while lotus leaves and flowers are thin and papery.
  • Water lily leaves have a distinct notch in the leaf, while lotus leaves are more rounded.
  • Water lily flower petals are pointed, and lotus petals are more rounded.

The photos attached to this writing are from Clay County, and this plant is common across north Texas. American lotus is adapted to a wide area, from Honduras north through Mexico and across the eastern US and into Canada.

American lotus is a perennial, and it is cold tolerant and heat tolerant. It can grow in any pond or slow moving stream that contains shallow water areas.  It prefers water with a depth of about 12 inches. Germination can occur from the large lotus seeds. Tubers, or roots, are established in the mud, and long slender stems extend upward. Leaves and flowers are both emergent in that they grow above the water line.

Lotus flowers are fragrant, and yellowish white with rich gold centers.  They open in the morning and close by late afternoon, then open again the next day.

Lotus is an edible plant and has a history as a food source. The large tuberous roots, the size of a human arm, were baked like sweet potatoes. The leaves were eaten like spinach, and the large seeds were ground into flour. Stems taste somewhat like beets and were usually peeled before being eaten.

There is a large world-wide industry of cultivating lilies and lotuses in water gardens. According to        Dr. Jerry Parsons, Professor and Extension Horticulturist with Texas A&M AgriLife Extension, cultivation of these plants dates back as early as ancient Egypt. Today, anyone with determination and a little money can have a water garden.

In 2011, the 82nd Texas Legislature designated the water lily “Texas Dawn” as the official Texas State Water Lily. Texas Dawn is a hybrid developed by Texas resident Kenneth Landon, a world-renowned expert in the field of water lilies and the director of the International Water Lily collection in San Angelo.

Ducks and other wildlife utilize the large acorn like seeds of American lotus, and submerged portions of all aquatic plants provide some form of wetland habitat. Many of us have tried to pull a bass out of a group of water lilies or lotuses, and I’m sure others have had better luck than I did. Although there can certainly be benefits to lilies, lotuses, and other aquatic plants, they can also infest ponds to the extent that the pond is not functioning correctly.

So, while the rest of the world works hard to grow these plants, ranchers sometimes need to control populations in their stock ponds. Once it gets a foot hold, American lotus can spread aggressively in wetland areas.

The primary issue that encourages American lotus, and most other water weeds, is shallow water.  Look closely at a good livestock pond and you will find that the deeper water is basically free of infestation.  Any pond will have a certain amount of shallow water that encourages water weed growth, depending upon the terrain at the pond site and how the pond was constructed. Some ranchers who enjoy and utilize wetland habitat may prefer to have ponds with significant shallow water area.

Almost all livestock ponds have a certain life expectancy.  Siltation, or movement of soil into the pond bottom through rainfall runoff, is a natural occurrence.  How fast siltation occurs into each pond, and how deep the pond was to start with, determines the length of time that the pond will contain adequate depth for dependable water for livestock.

Ponds that develop infestations of water weeds over a large percent of the surface may not have adequate depth to remain a viable water source for livestock during drought periods, especially in  western north Texas where evaporation rates are higher.

Mud, or silt, from the pond bottom, can be removed to deepen the water, but this is a very expensive process.  It is often more economical to construct a new pond rather than try to remove the silt from an old one.  Most of us do not have the funds to continually construct deep water livestock ponds, so we must try to keep existing structures functioning and providing good drinking water for livestock, for as long as we can. Control of pond weeds like American lotus may be necessary, and it can be accomplished.

There is currently no feasible biological control. American lotus can be cut and removed, but this process us usually temporary because lotus can reestablish from seeds and roots.

American lotus can be safely controlled by chemicals. This must be done carefully.  If a pond containing a large amount of any pond weeds is treated to remove all of the vegetation, a fish die-off could occur.  When the dying weeds decompose, they use up the oxygen in the water and fish can suffocate. If possible, treat only a portion of the area, wait about two weeks, and treat another portion.

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Tracks in the Sand

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This morning, I walked out into my arena and noticed something that gave me pause. The roping steers had been in there the day before, and even though the ground was wide and level, the sand carried their story. Hoofprints crossed every direction, but in several spots, the same trail was pressed deeper than the rest. Twelve steers had been turned out, yet more than a few chose the exact same path, wearing it down until it stood out from all the other tracks.

Cattle are creatures of habit. Anyone who has spent time around them knows this. They like routine: the same feed, the same water trough, the same shade tree in the pasture. When they are turned loose, they rarely wander without purpose. More often than not, they move together, following the same course as the steer in front of them. There are reasons for this: efficiency, safety, instinct. Walking a beaten path conserves energy, and following the herd is their natural defense. Even in an arena with no real destination, those instincts come through. By the end of a short turnout, you will see the evidence, lines where they have chosen the easiest way to travel and stuck with it.

Out on the range, those lines last longer. Before fences and highways, cattle drives cut deep paths across the land. The Chisholm Trail, which carried herds north from Texas through Oklahoma into Kansas, was walked by millions of cattle in the late 1800s. More than a century later, faint traces of those trails remain, worn so deep by hooves and wagon wheels that the land still carries the mark. On ranches today, you can see the same effect in pastures where cattle walk the same lines between water and grazing. From the ground those trails might look like nothing more than dusty ruts, but from the air, they sometimes stand out as sharp lines winding through otherwise open fields. Cattle do not simply pass over the land; they shape it. Every step adds up.

That simple truth extends beyond livestock. We all make tracks. Our habits and routines are our trails, worn in by repetition, sometimes efficient, sometimes limiting. Like the cow paths, they can serve a purpose, keeping us steady and helping us move forward. But when repeated without thought, they risk becoming ruts, keeping us from stepping into new ground. History offers perspective here too. The old cattle trails built towns and economies, but once railroads and fences changed the landscape, those paths were no longer useful. Sticking to them would have meant going in circles. Progress required something new.


The Tracks We Leave

Standing in the arena, I thought about the kind of tracks I leave behind. Most of mine are not visible in the dirt. They are pressed into my daily life, how I work, the way I handle challenges, the example I set. Some are helpful and worth keeping. Others may have outlived their purpose. The difference comes in knowing when to stay in the track and when to step out of it.

Tomorrow I will drag the arena and smooth it all clean again. The next time the steers are turned in, they will make the same trails. That is their nature. But unlike them, I have a choice. I can decide which paths are worth walking, which ones to change, and what kind of tracks I want to leave for others who might follow.

Tracks tell a story. Sometimes they are only temporary, fading with the next rain. Other times they last for generations, reminders of where herds and people once walked. This morning, the cattle showed me again that even the smallest things on the ranch carry meaning. Their tracks in the arena were not just marks in the sand. They were a lesson: every step matters, and the paths we choose shape more than just the ground beneath our feet.

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Leopold’s Legacy: The Five Tools That Shaped Conservation

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By Raenne Santos

Known as the father of wildlife management, Aldo Leopold’s teachings reshaped our understanding of conservation and our role in nature. His philosophy, rooted in ethics, ecology, and action, emerged in response to the environmental degradation of the early 20th century in the American West. Overgrazed pastures, eroding soils, and changing wildlife populations revealed the consequences of treating natural resources as limitless. 

Recognizing these challenges, Leopold theorized a transformative approach to land stewardship, emphasizing that the land is not merely a commodity, but a community in which we all belong. His works, A Sand County Almanac and Land Ethic, are still referenced to this day by modern conservationists. In Land Ethic, he introduced a practical framework for wildlife management known as the Five Tools of Wildlife Management, which offers land stewards a structured approach to maintaining and restoring ecological balance.

Symbolizing brush management, the axe is one of Leopold’s tools for controlling invasive species, shaping habitats, and mitigating wildfire risks. By selectively removing vegetation, land managers can enhance biodiversity, create open spaces for native species, and maintain healthy ecosystems. 

Representing grazing animals, the cow (when used properly) mimics the natural disturbances once provided by bison. Grazing animals promote healthy ecosystems by aiding in nutrient cycling and soil disturbance. Responsible grazing practices prevent overuse and contribute to sustainable land management. 

The plow signifies mechanical disturbance and soil preparation, crucial for habitat restoration and agricultural productivity. Used strategically, it aids in cultivating crops and creating conditions favorable to wildlife. However, misuse can lead to erosion, requiring careful application in conservation efforts.

Fire, a powerful natural tool, plays a crucial role in maintaining biodiversity and landscape resilience. Land managers use prescribed fire to control invasive species, rejuvenate plant communities, and shape habitats. Fire promotes the natural cycles of ecosystems and supports species diversity. 

The final tool, the gun, is used to manage game populations and control predators. During Leopold’s time, unregulated hunting contributed to species extinction and posed threats to others. Today, hunting is strictly managed through game laws and seasonal regulations to ensure sustainable populations.

Leopold’s Five Tools of Wildlife Management continue to influence conservation practices today. While techniques have evolved, the fundamental principles remain the same—balancing human involvement with ecological processes to sustain healthy ecosystems. His approach emphasizes the importance of working with nature rather than against it. By embracing ethical land stewardship, modern conservationists honor Leopold’s vision, ensuring that future generations inherit thriving landscapes.

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