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January 1, 2016 CapitalPress.com 15 Fire safety rule citations lag during California drought By DON THOMPSON Associated Press SACRAMENTO (AP) — Amid the most destructive wildfire season in more than a decade, California’s fire- fighting agency amped up its warnings to thousands of property owners who weren’t doing enough to protect their homes by clearing brush and other flammable materials. But it rarely put any mus- cle behind the threats: Viola- tors were fined just 4 percent of the time, down from 10 percent when the drought was declared four years ago, according to California De- partment of Forestry and Fire Protection statistics requested by The Associated Press. State law requires property owners in wildfire-prone areas to clear combustible materi- als near buildings and allows citations starting at $100 for those who fail to do so. A third offense brings a misdemeanor charge and a $500 fine. The latest statistics show the number and rate of cita- tions issued in the year end- ing June 30 were lower than when California’s drought began. The rate of homeown- ers disobeying the law also increased during that period. “There are people out there that won’t do it unless they are forced to,” said Mike Warren. A firefighter for 40 years, including seven in California as Sequoia National Park’s fire management officer, War- ren wants more aggressive en- forcement to protect firefight- ers. “Not getting the clearance done puts firefighters at risk.” CalFire recorded about 29,000 violations last year, but imposed just 1,136 fines. Four years ago, there were 12,000 violations and just un- der 1,200 fines. CalFire spokeswoman Jan- et Upton said inadequate pro- tection was a significant factor in the loss of homes this fall in a wildfire that burned through in Amador and Calaveras counties in the Sierra Nevada foothills. More violations were found there than in any other CalFire unit last year. While more than a third of inspec- tions found poorly protected properties, CalFire issued ci- tations there at less than half the statewide rate. “The worst penalization of a homeowner who chooses not to comply is if their house burns down,” Upton said. “If you have been living in these areas and don’t think it can happen, you haven’t been paying attention.” CalFire Director Ken Pim- lott said the general approach is to educate homeowners rather than issue citations. “We need that tool, be- cause there are just those in- dividuals, for whatever rea- son, (who) aren’t interested in complying,” he said. “I would rather have those individuals understand what we’re doing and now become the messen- ger for their community.” He also defended policies that mean enforcement varies dramatically from county to county. For instance, the Kern County Fire Department writes a citation for every vio- lation it finds, by far the most of any county. By contrast, Los Angeles County writes no citations for property owners who fail to clear brush. After months of repeated warnings and inspections, Los Angeles County may eventually clear the brush and bill the property owner. With the tougher punish- ment, homeowners in Kern County were 10 times more likely to comply with the rules than in Los Angeles County, statistics show. Promoting compliance is “absolutely a priority,” Pim- lott said. But, he said, resourc- es and conditions vary widely across the state, and methods of enforcement should as well. In a bid to increase enforce- ment, CalFire hired more than 50 inspectors last year to aid firefighters. Both spend part of their time doing the repeat- ed property checks that are required before homeowners can be cited for ignoring mul- tiple warnings, but the actual citations must be written by arson investigators because they have law enforcement powers. Inspections increased last year, but not as much as was anticipated, Upton said. She said the program “didn’t pan out as well as expected” be- cause firefighters were busy fighting drought-driven wild- fires, arson investigators were seeking the causes, and in- spectors were often helping homeowners with drought-re- lated tree deaths and tree-kill- ing bark beetles. The department is consid- ering adjustments to get better results, Pimlott said. The inspectors were hired using $900,000 from a fee imposed on rural properties to help offset firefighting costs, drawing criticism from sev- eral state lawmakers who op- pose what they call an illegal tax. “It just angers me to see that money is being spent in an inefficient way,” said state Sen. Ted Gaines, R-El Dorado Hills, who represents a large swath of rural California. He said money spent on additional inspectors should instead go to programs help- ing homeowners comply with the law. Assemblyman Frank Bi- gelow, R-O’Neals, who rep- resents the area burned in the Sierra foothills fire, said the money should go to thinning forests and removing brush that contributes to the spread of wildfires. Gaines, Bigelow and As- semblyman Don Wagner, R-Irvine, said CalFire should set the same standards for is- suing citations statewide. If not, lawmakers should con- sider requiring equal enforce- ment, Gaines said. “It’s one state with one challenge of wildfire state- wide,” Gaines said. “Every- body ought to be treated in the same fashion.” New Mexico farm couple resume life after mine spill By NOEL LYN SMITH The Daily Times Courtesy of ODFW SHIPROCK, N.M. (AP) — Rows of dried corn stalks stand in front of Earl and Cheryle Yazzie’s home. On a portion of land where mel- ons grew, a pair of puppies sniffed, then nudged ruined fruit. Months after the Gold King Mine waste spill, the couple, like many farmers in San Juan County, continues to worry about the future of their farm. On Aug. 5, the spill re- leased millions of gallons of toxic wastewater into a tribu- tary of the Animas River. The mustard yellow plume flowed through the Animas into the San Juan River, which flows through the northern region of the Na- vajo Nation. The Yazzie resi- dence is about a mile north of the river that they have used to irrigate their crops. “This was an eye opener for everybody,” Earl Yazzie said about the spill and sub- sequent actions by govern- ment officials and residents in response to the spill. On a recent Wednesday, Yazzie said he wants to see testing results from federal and tribal entities before he decides to again irrigate his farm with San Juan River water. Since the U.S. Environ- mental Protection Agency has accepted responsibili- ty for the spill, he said, the agency should be supplying a clean water source and start testing the soil on farms. The toxic spill received nationwide attention and, as The Daily Times reported on Sept. 9, environmental activ- ist and consumer advocate Erin Brockovich visited the farm while touring the Nava- jo Nation. During the visit, Brockov- ich listened to the Yazzies as they talked about efforts to save their crops and why they opposed resuming irrigation with the suspect river water. Cheryle Yazzie said she remains angry and disap- pointed by the response of government officials, espe- cially since it seems no one “can do anything.” “A lot of people, I think, OR-3, a three-year-old male wolf from the Imnaha pack, is shown in this image captured from video taken by an ODFW employee on May 10, 2011, in Wallowa County, Ore. Groups seek review of Oregon wolf decision State appeals court petitioned to review records leading to commission decision By CARL SAMPSON Brennan Linsley/Associated Press In this Aug. 12 file photo, water flows through a series of retention ponds built to contain and filter out heavy metals and chemicals from the Gold King mine chemical accident, in the spillway about 1/4 mile downstream from the mine, outside Silverton, Colo. Months after the spill, many farmers downstream in San Juan County, N.M., continue to worry about the future of their farms. don’t understand the real causalities, the effects of this. Sure, it’s not going to happen this instant, but we’ll see it in a few years,” she said. At the time of Brockov- ich’s visit, officials had set up a water tank to irrigate a section of the Yazzie farm. When asked if that effort helped the crops, Earl Yazzie said it helped, but the crops did not mature. “The whole field was lost. Our crops were a loss. It real- ly affected me,” he said. Cheryle Yazzie recalled previous seasons when peo- ple would visit the farm to buy produce. The couple estimates they suffered a fi- nancial loss of more than $10,000. Earl Yazzie is a lifelong resident of this town and grew up on a farm, learning how to work the ground from his parents and grandparents. “To see this actually hap- pening, it made me think about things. I thought, ‘This is going to destroy our farm life,’” he said. When asked if they will be planting crops during the upcoming season, Cheryle Yazzie said she is opposed to that if the river water is going to be the source of ir- rigation for the crops. “We don’t want that wa- ter on our land,” she said, adding she remains proud of the Shiprock residents who opposed reopening the irrigation canal that delivers river water to the farms. The answer is not as easy for Earl Yazzie, who said he would have to evaluate the situation in the spring. He reiterated the need for test- ing. An effort by federal law- makers to address the spill came on Dec. 18 when New Mexico’s Democratic U.S. senators, Tom Udall and Martin Heinrich, along with U.S. Rep. Ben Ray Luján, D-Santa Fe, included a pro- vision to support monitoring efforts in the end-of-year ap- propriations bill before Con- gress. That provision directs the EPA to coordinate with states and tribes impacted by the spill to develop a plan for independent monitoring, according to a joint press re- lease from the lawmakers. It also directs the EPA to provide support for the mon- itoring efforts of states and tribes. Udall said in a press re- lease that the provision will help hold the EPA account- able and ensure it keeps its commitment to prioritizing transparency in water quality monitoring. “If a situation like a flash flood or thunderstorm were to cause contamination in the water once again, we need the EPA making determinations and giving prompt warnings to impacted communities based on the best scientific advice,” Udall said. Luján was pleased that the provision was included. “There are serious con- cerns about the effects that this spill will have on our communities in the months and years to come, and it is critical that there is a co- ordinated effort to conduct long-term monitoring of the Animas River,” Luján said in the release. Heinrich acknowledged that families deserve to be compensated for damages incurred because of the spill, and he said he will contin- ue to work on overhauling federal hard rock mining and abandoned mine poli- cies. Mining interests have successfully blocked efforts to update the Mining Act of 1872, which allows mining companies to obtain claims for a small investment and does not require companies to clean up inactive or aban- doned mines. EPA officials and an agency contractor, using tax- payer dollars, were working to clean up the Gold King Mine when they caused the spill. Capital Press PORTLAND — Saying the state acted prematurely, three environmental groups on Dec. 30 challenged the removal of Oregon Endangered Species Act protection for gray wolves. The Center for Biological Diversity, Oregon Wild and Cascadia Wildlands have peti- tioned the Oregon Court of Ap- peals to review the November decision by the state Fish and Wildlife Commission to remove gray wolves from the state’s en- dangered species list. The groups are not seeking a stay or injunctive relief, only to have an impartial review of the decision, said Nick Cady of Cascadia Wildlands. “What we’re challenging is that rule wasn’t based on sci- ence,” he said. The state Department of Fish and Wildlife will have to pro- vide all records leading up to the decision, Cady said. He could not estimate how long it would be before the review takes place. “ODFW is confident the de- partment followed statutory and legal requirements in its process and that the commission acted legally when it delisted wolves from the state ESA,” said Mi- chelle Dennehy, wildlife com- munications coordinator for the department, in an email. Oregon currently has about 82 wolves, most of them in the northeastern corner of the state. Ranchers there have faced live- stock losses because of wolves attacking cattle, sheep and guard dogs. “We always knew any deci- sion would be appealable,” said rancher Todd Nash, chairman of the Oregon Cattlemen’s Associ- ation Wolf Committee. “Our re- sponse will be to seek legislation to back up what the commission voted on and put it in law.” He said the state wolf man- agement plan already dictates how wolves are managed. “If (the review) doesn’t change what the wolf manage- ment plan is, what will it do?” he asked. In the eastern one-third of the state, wolves are not protect- ed under either state or federal endangered species laws but are managed under the state’s wolf management plan. In the western two-thirds of Oregon, wolves are protected under the federal Endangered Species Act and the state’s wolf management plan. The environmental groups allege state wildlife managers violated Oregon’s Endangered Species Act and ignored the best scientific evidence available and the overwhelming number of people who commented against the delisting proposal, said Rob Klavins, northeast Oregon field coordinator for Oregon Wild. “By their own analysis, wolves are extinct in 90 per- cent of their range in Oregon,” Klavins said. “Our scientific analysis was based on documented and ver- ifiable information and used a peer-reviewed population via- bility model,” Dennehy said. She said the commission’s decision to delist Oregon’s wolves was based on the five factors under the ESA: • The wolves’ rapidly ex- panding range in Oregon. • The species’ growing pop- ulation. • The stability of the habitat. • That over-use of wolves is not likely to occur. • The protections in the wolf management plan remain in place regardless of any ESA listing. Judge questions Wyoming ban on open lands data collection CHEYENNE, Wyo. (AP) — A federal judge has refused to dismiss a lawsuit contest- ing two new Wyoming laws barring people from gathering information about agriculture and other industries on private and public lands. U.S. District Judge Scott Skavdahl in Casper made the ruling Monday after question- ing the constitutionality of the laws. The Wyoming Legislature passed the two similar laws earlier this year. The measures specifically prohibit the tak- ing of photos or gathering of other data while trespassing on open land. A coalition of environmen- tal, animal rights and other groups filed the suit, saying the laws try to prohibit gather- ing information used to chal- lenge resource management decisions and expose animal cruelty. Wyoming officials sought dismissal, arguing the groups lacked standing to challenge the laws. Nobody has been prosecuted under the laws yet. Skavdahl allowed the case to go ahead, citing the U.S. Constitution’s guarantees of free speech and equal protec- tion under the law. He wrote that he has “serious concerns” about the constitutionality of the statutes. Michael Wall, an attor- ney for the Natural Resourc- es Defense Council, said in a release, “A law that makes sharing photos of Devils Tower or Yellowstone a punishable offense just isn’t consistent with Americans’ right to free speech.” Wyoming Attorney Gen- eral Peter Michael declined to comment. The Legislature passed the laws after a group of Wyoming ranchers and landowners sued a conser- vation group they said tres- passed on private land to collect water-quality sam- ples. The groups suing — the NRDC, People for the Eth- ical Treatment of Animals, Center for Food Safety, Na- tional Press Photographers Association, and Western Watersheds Project — said rather than prohibiting data collection, Wyoming could simply increase the penal- ties for traditional trespass- ing. The state can’t consti- tutionally prohibit people from gathering information and conveying it to govern- ment agencies, they argue.