Fire Restrictions, Level 3 LPNF

NEWS RELEASE
Los Padres National Forest
For Immediate Release
Contact: Andrew Madsen
Twitter: @LosPadresNF
Elevated Fire Restrictions Take Effect in Los Padres National Forest

GOLETA, CA, July 19, 2017…Due to extremely dry vegetation and an increasing fire danger, Los Padres National Forest officials announced that Level III fire restrictions will go into effect immediately. The following restrictions will be rigorously enforced until this Forest Order expires:

Wood and charcoal fires are prohibited in all areas of Los Padres National Forest except for designated Campfire Use sites; however persons with a valid California Campfire Permit are allowed to use portable stoves and lanterns using gas, jellied petroleum or pressurized liquid fuel outside of designated Campfire Use Sites. California Campfire Permits are available for free download from the Los Padres National Forest website (http://www.fs.usda.gov/lpnf). You must clear all flammable material for a distance of 10 feet in all directions from your camp stove, have a shovel available, and ensure that a responsible person attends the stove at all times when it is in use.

Recreational target shooting is prohibited in all areas of the National Forest unless specifically authorized by a special use permit with the Forest.

Hunting with a valid State of California hunting license during open hunting season is exempt from this restriction.

Smoking is prohibited in all areas of the national forest except within an enclosed vehicle, building, or designated Campfire Use Site.

Operating or using any internal or external combustion engine without a spark arresting device properly installed, maintained and in effective working order on roads and trails specifically designated for such use. (This restriction is in effect year-round.)

For further information regarding current conditions and safety tips, please contact your nearest Forest Service office. A list of designated Campfire Use Sites is available on the Los Padres National Forest website at http://www.fs.usda.gov/lpnf.

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Forest Service Shield

Lee Beyer
Recreation Technician
Forest Service

Meetings tomorrow & Public Comment

First, is this one:
There will be a regular Big Sur LUAC meeting on Tuesday, January 31, 2017. The Big Sur LUAC will be reviewing a landowner building project for the County with a site visit at 9:00AM. After the site visit, there will be a project review and a LUAC determination of the project at the MAF.

Another meeting will be held at approximately 10:30AM at the MAF (depending on when the LUAC completes its project review), with Melanie Beretti from County Planning.

The item scheduled on the County agenda follows:

PUBLIC COMMENT:
The Committee will receive public comment on non-agenda items that are within the purview of the Committee at this time. The length of individual presentations may be limited by the Chair.

SCHEDULED ITEMS

Monterey County Staff are in the process of developing an ordinance, starting with the existing Inland ordinance (Transient Rental of Residential Property for Remuneration 21.64.280), to permit and regulate Short-term Rentals in the Coastal Zone. Staff is in the process of developing a clear definition of Short-term Rentals and updating County codes to reflect these definitions. Staff is also in the process of evaluating proposed ordinances to regulate Short-term Rentals against all of the Local Area Plans to identify unique issues and consider appropriateness of Short-term Rentals in each area. Staff is requesting input from the Land Use Advisory Committees. Please provide input on the development of the ordinance.

Second: Also, there is a BOS meeting tomorrow and  discussion will be had which impacts STR. I’ll try to get up more about this later. Still fighting this crapola flu.

Here is one comment about the BOS meeting sent to Mary Adams’s office:

The discussions about the priority and importance of attracting (and I would hope sustainably retaining) visitors to our local economy is apparently measuring success primarily by the gross TOT collected. (See discussion of focus area on page 7 of the Strategic Initiatives report). THIS IS SERIOUSLY FLAWED REASONING. Transient Occupancy taxes are imposed to address the impacts of public facility use by folks who are not here to pay property taxes or other taxes and fees residents pay to maintain our public infrastructure. Thus properly the gross TOT collected should be first and primarily used to be sure that at least the direct impacts of visitors are addressed. In Big Sur this is certainly not the case now. The celebrated significant increased visitor traffic is resulting in a number of impacts that are being externalized to the resident public, like clearing litter and human waste, safety issues and the traffic woes of which everyone is aware, and this is unsustainable. In this area too primary emergency services are provided by volunteer fire departments, which rely on residents to staff and fund them. Cumulative wear and tear on roads, bridges, parks, trails and other public infrastructure is less immediate but also important. I don’t have direct knowledge of all the other areas affected (the 156 corridor comes to mind) but I am sure they also have needs relating to the direct impacts of increasing numbers of visitors. Please consider asking that the funds collected thru TOT be used first to address identified direct visitor impacts as this tax was created to do before being released for other general fund needs. If help is needed in identifying such impacts it can be provided! (This is of course an important element in the discussion of STR policy as well.) Thus any discussion of TOT as general fund revenue or as a measurement of success should be of the net amount after direct impacts are addressed vs the gross total.

Third, from the USFS re the community fuel breaks. A public meeting with be held 2/15/17 from 5:30-7:30 at the USFS Big Sur Station and on 2/16/17 at the Kind City Office at the same time:

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Fascinating Reading on Big Sur Land Use by the Los Padres Nation Forest, 1977

It is quite the lengthy document, which can be found here: Los Padres Big Sur Land Use If this link does not work for you, google it. Google books has digitalized it, and for those with iPhones or iPads, we can save to our “iBooks.” For those of you who use the devil’s spawn (just kidding, sorta) I have no clue. But to give you a taste on the topics we have been discussing, here are a couple of paragraphs: (remember this was prepared FORTY YEARS AGO!):

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Campfire Rules & Regulations

As with many statutes, rules, regulations, etc. especially by the federal government, these statutes are spread throughout several codes. There is the Code of Federal Regulations and the United States Codes, both quoted below. I did my best to find all the applicable ones, but may not have succeeded. I simply have laid out the statutes, and am NOT offering any legal advice.

Federal Campfire Statutes:

CFR › Title 36 › Chapter II › Part 261 › Subpart A › Section 261.5
36 CFR 261.5 – Fire.

The following are prohibited:
(a) Carelessly or negligently throwing or placing any ignited substance or other substance that may cause a fire.
(b) Firing any tracer bullet or incendiary ammunition.
(c) Causing timber, trees, slash, brush or grass to burn except as authorized by permit.
(d) Leaving a fire without completely extinguishing it.
(e) Causing and failing to maintain control of a fire that is not a prescribed fire that damages the National Forest System.
(f) Building, attending, maintaining, or using a campfire without removing all flammable material from around the campfire adequate to prevent its escape.
(g) Negligently failing to maintain control of a prescribed fire on Non-National Forest System lands that damages the National Forest System.
[42 FR 2957, Jan. 14, 1977, as amended at 46 FR 33520, June 30, 1981; 73 FR 30307, May 27, 2008]

§ 261.1b Penalty

Any violation of the prohibitions of this part (261) shall be punished by a fine of not more than $500 or imprisonment for not more than six months or both pursuant to title 16 U.S.C., section 551, unless otherwise provided.

§ 261.52 Order

When provided by an order, the following are prohibited:
Building, maintaining, attending or using a fire, campfire, or stove fire

16 U.S. Code § 551 – Protection of national forests; rules and regulations

The Secretary of Agriculture shall make provisions for the protection against destruction by fire and depredations upon the public forests and national forests which may have been set aside or which may be hereafter set aside under the provisions of section 471 [1] of this title, and which may be continued; and he may make such rules and regulations and establish such service as will insure the objects of such reservations, namely, to regulate their occupancy and use and to preserve the forests thereon from destruction; …

Once the order is in effect under 16 USC § 551 then the following penalties are provided:
18 USC § 3559 lists the classification of offenses and states: [when not specifically designated in the statute it is determined by its punishment] six months or less but more than thirty days, as a Class B misdemeanor
18 USC §3571, class B misdemeanor carries a maximum fine of $5000
18 USC §3581, class B misdemeanor is carries a maximum jail time of 6 months

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I have an example of the 2014-2015 order I will post, probably tomorrow if events allow.

 

Public Comment re Solar Power at PV STation

The USFS has sent out a letter requesting public comment by May 30th regarding the installation of a solar array system to become the primary source of power for the main firefighting station on the South Coast of Big Sur. The existing diesel generating system will be used for back-up power only. It will cover an area of approximately 15,00 sq ft and the total height of the panels will be 7 ft. None of this will be visible from the highway. This is a HUGE step, and I heartily support it, and will let the USFS know that. Of our 5 largest visitor-serving facilities down here (Gorda, Treebones, PV Station, the Hermitage, and Lucia) 2 of them will now be primarily solar powered, Lucia having been the first to take this major step. Both are setting good examples for the rest of us (I have been completely solar for over two years. I run my genie for 2-3 hours maybe 4-5 times a year in the shortest days of the year. BIG savings in gas and emissions.)

I would urge all interested parties to support this endeavor. Email to comments-pacificsouthwest-los-padres-monterey@fs.fed.us in either email, plain text (.txt) rich text (.rtf) or word (.doc). For oral comments or further information, call Jeff Kwasny, Resource Officer, at 831-667-1126. Snail mail comments to Tim Short, District Ranger, at the District Office in King City 406 Mildred, KC 93930

Scheduled USFS Road Closures in Big Sur

 

20S05.3 Central Coast Ridge Road

Tuesday March 10, 2015 – Thursday April 16, 2015

Road closed during construction.

 

20S05.4 South Coast Ridge Road

Thursday April 16, 2015 – Monday April 20, 2015 – 30 minute closures 8:00am through 5:00pm, Monday through Friday.

Road closed from Tuesday April 21, 2015 – 0630 through Friday April 24, 2015 1200 noon.

Friday April 24, 2015 – 1200 noon – Tuesday April 28, 2015 – 30 minute closures 8:00am through 5:00pm, Monday through Friday.

 

Photography Permits in the National Forests

On 25 September 2014, a new rule proposed by the U.S. Forest Service pertaining to photography and film permits sparked internet outrage. According to circulating posts about the issue, the agency would like to charge fees of up to $1,500 before allowing “commercial filming and photography in federally designated wilderness areas.” When the proposal is finalized in November 2014, commercial photographers who do not obtain permits could face fines of up to $1,000. (Tourists and park visitors snapping photographs for personal, non-commercial use would not be affected by the proposed regulations.)

Liz Close, acting director of the U.S. Forest Service, said that the tightened restrictions have been informally practiced for the past four years. Close indicates that they fall under the auspices of the larger Wilderness Act of 1964, and that the agency aims to protect the country’s forests from commercial exploitation:

Under the rules, permit applications would be evaluated based on several criteria, including whether it spreads information about the enjoyment or use of wilderness or its ecological, geological, scientific, educational, scenic or historical values; helps preserve the wilderness character; and doesn’t advertise products or services. Officials also would consider whether other suitable film sites are available outside the wilderness.

Advocates for the First Amendment, however, objected on the grounds that such fines and permit requirements would infringe upon specific constitutional protections concerning free speech. Oregon Senator Ron Wyden said that new media outlets and independent journalists would be disproportionately impacted by the proposed fines:

The Forest Service needs to rethink any policy that subjects noncommercial photographs and recordings to a burdensome permitting process for something as simple as taking a picture with a cell phone … Especially where reporters and bloggers are concerned, this policy raises troubling questions about inappropriate government limits on activity clearly protected by First Amendment rights.

Legal defense director for the Reporters Committee for Freedom of the Press, Gregg Leslie, said that the U.S. Forest Service restrictions constituted a clear violation of the First Amendment. Leslie does not believe the move is legally justified:

It’s pretty clearly unconstitutional … They would have to show an important need to justify these limits, and they just can’t.

After the announcement of the proposal caused controversy among media representatives, the head of the U.S. Forest Service hastened to state that the rule would not be applied to reporters and news organizations:

Faced with increasing criticism of a proposal that would restrict media filming in wilderness areas, the head of the U.S. Forest Service said that the rule is not intended to apply to news-gathering activities.

The rule would apply to commercial filming, like a movie production, but reporters and news organizations would not need to get a permit to shoot video or photographs in the nation’s wilderness areas, Forest Service Chief Tom Tidwell said.

The USFS is currently accepting comments on the issue here. The period of public comment will be open until 3 November 2014.

Last updated: 26 September 2014

Level III Fire Restrictions in Effect For Los Padres National Forest

NEWS RELEASE

Los Padres National Forest

For Immediate Release

Fire Restrictions Take Effect in Los Padres National Forest

GOLETA, CA, May 19, 2014…Due to extremely dry vegetation and an increasing fire danger, Los Padres National Forest officials announced that Level III fire restrictions will go into effect beginning today, May 19, 2014. The following restrictions will be rigorously enforced until this Forest Order expires:

*Wood and charcoal fires are prohibited in all areas of Los Padres National Forest except for designated Campfire Use sites; however persons with a valid California Campfire Permit are allowed to use portable stoves and lanterns using gas, jellied petroleum or pressurized liquid fuel outside of designated Campfire Use Sites. California Campfire Permits are available for free download from the Los Padres National Forest website.

*You must clear all flammable material for a distance of 10 feet in all directions from your camp stove, have a shovel available, and ensure that a responsible person attends the stove at all times when it is in use.

*Recreational target shooting is prohibited in all areas of the National Forest unless specifically authorized by a special use permit with the Forest.

*Hunting with a valid State of California hunting license during open hunting season is exempt from this restriction.

*Smoking is prohibited in all areas of the national forest except within an enclosed vehicle, building, or designated Campfire Use Site.

*Operating or using any internal or external combustion engine without a spark arresting device properly installed, maintained and in effective working order on roads and trails specifically designated for such use. (This restriction is in effect year-round.)

 

A list designated Campfire Use Sites is attached. For further information regarding current conditions and safety tips, contact your nearest Forest Service office or visit the Los Padres National Forest website .

Contact: Andrew Madsen (805) 961-5759

Twitter: @LosPadresNF

U.S. Forest Service

USFS – LPNF Volunteer Opportunity

NEWS RELEASE

Los Padres National Forest
For Immediate Release
Contact: Andrew Madsen (805) 961-5759
Twitter: @LosPadresNF

Volunteers Wanted for Los Padres Preservation Project

GOLETA, CA, March 5, 2014….Los Padres National Forest officials today announced the Monterey Ranger District is seeking volunteers to work in an exciting archaeology program. Applications are being accepted for “Partners in Preservation” site stewards. The deadline for submitting your application is March 17.

To qualify as a “Partners in Preservation” volunteer, applicants are required to complete a 2-day training workshop. The next workshop will be held Saturday, April 5, and Sunday, April 6. Training will take place April 5 at the Monterey Ranger District office in King City, followed by training in the field April 6.

This training is sponsored by the Ventana Wilderness Alliance and will be led by the Society for California Archaeology through its California Archaeological Site Stewardship Program with the assistance of Los Padres National Forest staff.

Additional volunteer opportunities on the Monterey Ranger District are available on an individual basis.

For additional information on the “Partners in Preservation” program or for other archaeology volunteer opportunities, contact North Zone Archaeologist Bob Strickland by phone at (831) 385-5434, extension 20771, or by email at rnstrickland@fs.fed.us.

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LPNF Fire Restrictions lowered

NEWS RELEASE

Los Padres National Forest
For Immediate Release
Contact: Andrew Madsen (805) 961-5759
Twitter: @LosPadresNF
Website:www.fs.usda.gov/lpnf

Fire Restrictions Lowered on Los Padres National Forest

GOLETA, Calif., December 11, 2013 — Recent rainfall across Los Padres National Forest has led to rising fuel moisture levels, prompting officials to reduce fire restrictions on the forest effective immediately.

Under the reduced fire restrictions, campfires and charcoal barbeques will be allowed in all areas of Los Padres National Forest. A California Campfire Permit, available free of charge on the Forest Internet site, is required to build a campfire outside of a designated Campfire Use Site. A list of Campfire Use Sites and information about how to acquire a campfire permit is available at all Los Padres National Forest offices.

Visitors who construct wood or charcoal fires outside of designated Campfire Use Sites also must clear all flammable material for a minimum of ten feet in all directions; have a shovel available for preparing and extinguishing the fire; have a responsible person in attendance at all times; and extinguish the fire with water, using the “drown, stir and feel” method.

Prohibitions on smoking and target shooting in Los Padres National Forest are also being lifted.

“As we move into the rainy season and reduce fire restrictions, it’s important to remember that fire can happen at any time of the year,” said Los Padres National Forest Supervisor Peggy Hernandez. “I strongly encourage all visitors to exercise caution while they are enjoying the forest.”

The following fire restrictions will remain in effect:

· Spark arresters are required on all off-highway vehicles, chainsaws, and other internal combustion engines and equipment;
· A permit is required for all welding, grinding, cutting, or use of explosives;
· Tracer ammunition is prohibited at all times;
· Fireworks are prohibited in Los Padres National Forest at all times and in all places.

Visitors are encouraged to call the local Ranger Station for more information on conditions and restrictions.