Browsing by Author "Mortimer, Michael J."
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- An analysis of timber trespass and theft issues in the Southern Appalachian regionBaker, Shawn A. (Virginia Tech, 2003-05-01)Timber theft is a crime within the forest industry which has not received a large amount of attention within research literature. As a result, there are no recent estimates available of the extent of the problem. The southern Appalachian region has conditions which seem to be conducive to timber theft, but convictions for timber theft in the area are infrequent. In order to address these issues, a study was undertaken in a 20 county region of the southern Appalachians to interview law enforcement officers and prosecuting attorneys about their knowledge of timber theft and their current level of investigation and prosecution. To ascertain the extent of timber theft, interviews were also carried out with both industrial and non-industrial landowners. The survey results indicate that both prosecuting attorneys and law enforcement officers are generally knowledgeable regarding timber theft and trespass. Results were similar between those individuals who had experience with the crime as well as those who did not. The overriding perception from both prosecuting attorneys and law enforcement officers was that timber theft should be handled as a civil violation. This perception was primarily a result of the frequent lack of properly located boundary lines to prove ownership of the property, and the difficulty of proving criminal intent. The study found 22 convictions for timber theft out of 36 criminal cases in the past three years. Due to a low response rate (16%) from non-industrial private forest landowners, estimates of the extent of timber theft were determined from the industrial landowner data and the law enforcement and attorney surveys. Based on these data, the impact of timber theft was conservatively estimated at 120 incidents per year, resulting in a loss of approximately $300,000 per year within the study area. An extrapolation of this to the entire southern Appalachian region would mean over $4 million per year. The results of this research indicates that there are potential areas for improvement in the conviction of timber theft offenders as well as in reducing the total number of theft incidents. The current statutes used to deal with timber theft are generally inadequate to provide prosecutors with the potential to convict most timber thieves because of the unique evidentiary requirements of a timber theft. As a result, changes in the statute would likely provide the greatest remedy. Civil statutes are also inadequate in many states to provide landowners the opportunity to obtain a suitable civil judgment. Information needs to be disseminated to landowners, law enforcement officers, and prosecuting attorneys about the aspects of timber theft which are most pertinent to them, and how the problem should be dealt with both before and after the theft.
- Dealing with Timber TheftBaker, Shawn A.; Mortimer, Michael J.; Gagnon, Jennifer L. (Virginia Cooperative Extension, 2005-09-01)Forestland can provide countless hours of recreational benefits as well as an important source of income. Many landowners take careful steps to ensure that their property is managed to maximize the benefits they receive. However, all of this work can be easily eradicated by one of Virginia's most dreaded forest pests: timber thieves.
- Ecosystem Management in the USDA Forest Service: A Discourse AnalysisPredmore, Stephen Andrew (Virginia Tech, 2009-03-30)This dissertation examines the environmental discourse of the USDA Forest Service, focusing on the language of ecosystem management (EM). A two pronged approach was employed: eleven interviews were conducted with agency executives (chapter two); thirty-three interviews were conducted with agency staff specialists and decision-makers, working at the agency's operational levels (chapter three and four). Differences between how agency executives view EM and how agency operators view EM were identified. Chapter two shows that agency executives generally believed that the process of EM is ingrained in the agency. Chapter three explores this assertion at the forest and district levels, and reveals conflicting stories concerning the current practice of EM. Agency operators explained EM as a process driven by ecological science, but also revealed an alternate planning process. The alternate planning process is driven by the agency's budget and strict employee roles. Through qualitative analysis of interviews with agency operators, a model of how agency operators construct agency planning was created. It illustrates the potential mismatch between planning focused on ecological science and an agency focused on budgets, cost-benefit calculations, and strict employee roles. The model also shows that agency operators described active and passive publics in their constructions of agency planning. Chapter four focuses on these constructs of the public, and shows how they are partly created by agency interpretations of the public involvement processes required by the National Environmental Policy Act (NEPA). In some cases, the agency applies a standard for public participation (substantive sieve) that requires publics to couch their concerns in scientific or legal terms. Publics that are able to navigate the substantive sieve are typically viewed as active publics, while those that cannot meet this standard are viewed as passive publics. A feedback mechanism was identified between constructs of the public and agency process; constructs of the public shape agency process and agency process shapes agency constructions of the public. The dissertation concludes by showing that agency focus on budgetary targets and the use of the substantive sieve can be understood as attempts to instill accountability into a decentralized agency with an ambiguous mission.
- The Equal Access to Justice Act and Federal Land Management: Incentives to Litigate?Stull, Lauren Blair (Virginia Tech, 2007-06-29)The increasing use of litigation as a tool to influence land management decisions has been documented within the Forest Service. The Equal Access to Justice Act (EAJA), which allows successful litigants to recover attorney fees and other legal expenses from the federal government, has come under much scrutiny in discussions surrounding Forest Service litigation. In spite of increasing interest surrounding the relationship between litigation directed at land management agencies and the EAJA, no empirical research had ever attempted to examine this issue. This two part exploratory study used records obtained from land management agencies through the Freedom of Information Act and publicly available tax return records to examine several aspects of the Equal Access to Justice Act's role in land management litigation. According to agency records, the Forest Service paid out over $6 million in EAJA awards from 1999 through 2005. Agency records also showed that the Bureau of Land Management paid over $2.5 million dollars in EAJA awards from 1991 through 2005. The National Park Service and the U.S. Fish and Wildlife Service were unable to provide usable records regarding the amount of fees paid by each respective agency. The study also found that the entities receiving the largest number of EAJA awards were all tax-exempt environmental organizations. Interestingly, ten of the fourteen organizations that were examined for having received multiple EAJA awards also appear on Gambino et al.'s (under review) list of frequent Forest Service litigators. While this finding suggests that the EAJA may be providing a monetary incentive for these organizations to institute litigation against land management agencies, further research is needed to understand the degree to which this is happening.
- Exploring the Structure and Development of Management Prescriptions for Public LandsCahill, Kerri Lynn (Virginia Tech, 2003-09-12)Management prescriptions that describe desired conditions for resources and visitor experiences have become widely accepted as an important component of public land management plans. However, very little effort is spent on evaluating and learning about this part of the planning process. This research identifies and addresses the need to explore opportunities for additional guidance on the development of management prescriptions, by (1) evaluating the current perception of the purpose of management prescriptions; (2) developing criteria and other tools to guide the development of management prescriptions based on the experiences of public land management professionals; and (3) testing an alternative method for collecting visitor preference data regarding social, resource and management conditions to inform development of management prescriptions. The first two papers report the results of a visitor preference study, using the stated choice method, conducted in Acadia National Park. The purpose of the first paper is to identify visitor preferences for tradeoffs among social, resource and related management conditions of the recreation setting. The purpose of the second paper is to identify differences among visitor preferences for social, resource and management conditions in various recreation settings. By considering the integrative nature of these attributes and the relative importance to visitors across recreation settings, the definition of management prescriptions can be better informed. To further investigate the results of the stated choice method and ensure the validity of the data, a verbal protocol assessment was applied to a sample of the stated choice survey respondents. The purpose of the third paper is to reexamine the role of management prescriptions for park management planning and investigate tools for facilitating development of management prescriptions. The study included in-depth interviews, participant observation of a three-day planning workshop and a written survey. All of the participants in the various components of the study were National Park Service land management professionals. The study resulted in a list of the purpose and criteria for management prescriptions and a related menu of desired condition topics, which will be integrated into planning guidance to aid the development of unique and effective management prescriptions for national parks.
- Public Involvement in Forest Service Project-level Decision-making: A Qualitative Analysis of Public Comments, Administrative Appeals, and Legal Arguments from Case Studies on the George Washington and Jefferson National ForestsScardina, Anthony Vincent (Virginia Tech, 2004-04-29)Public involvement and participation in Forest Service decision-making is a contentious issue attended by charges and countercharges, unsubstantiated accusations and counterclaims, and value-based arguments by all entities involved. Yet, the numbers of studies to substantiate the debate is relatively minimal and tend to be sporadic, reoccurring during times of national forest management crises, which is inappropriate and shortsighted. Moreover, the studies tend to be quantitative or anecdotal in nature and have largely failed to identify or resolve the problems associated with public involvement and participation in Forest Service decision-making, as well as litigation, and yet researchers continue to advocate for comprehensive, systematic, empirical examinations without considering the possible benefits that comprehensive, systematic, qualitative research could contribute to identifying and possibly resolving such problems. Thus, a comprehensive, systematic, in-depth, qualitative analysis of public comments, administrative appeals, and legal arguments from 12 Forest Service project-level activities, and their seven associated lawsuits, on the George Washington and Jefferson National Forests, was conducted. The results suggest that there is an interested and vocal minority of individuals and environmental special-interest groups that dominate project-level public involvement and participation processes on the George Washington and Jefferson National Forests, and that these public involvement and participation processes work in reverse, providing incentives for post-decisional challenges and discouraging pre-decisional information-sharing, collaboration, and compromise. Therefore, the public, the academic community, the Forest Service, and Congress, must challenge the status quo and make needed changes to ensure that public involvement and participation processes are truly democratic and to reduce incentives for post-decisional challenges.
- Public Involvement in the U.S. Forest ServiceHoover, Katherine N. (Virginia Tech, 2012-05-01)This dissertation examines how the U.S. Forest Service implements and uses public involvement during the agency's planning processes as mandated by the National Environmental Policy Act. Focused from the perspective of the agency personnel leading the process, this study is informed by both quantitative and qualitative analyses. Chapters two and three report the results of a web-based survey completed by 489 Forest Service employees. Chapter two shows that these employees most commonly view public involvement as a means for obtaining substantive information that could be used to improve the management decision. Chapter two also reveals that agency personnel who view public involvement as only a procedural requirement tend to achieve less positive process outcomes, but those who explicitly create opportunities for interactive dialogue with the public tend to achieve more positive outcomes, including more positive perceptions of the public involvement process and agency-public relationships. Chapter three shows that agency employees commonly believe more public influence should and does happen during the earlier stages of the planning process, but that agency employees also desire more public influence throughout the process. Chapter four uses qualitative interviews with 16 of the survey respondents to build upon the insights from chapter three. By exploring what may be constraining public influence from occurring at the desired levels, chapter four describes how agency personnel can impact how much public influence happens. The final chapter highlights the importance of looking beyond the specific public involvement technique employed during the process to the nature of the agency-public interactions. Agency personnel who are willing to engage in extra effort to translate public values into substantive management concerns generally achieve more desirable forms of public influence. They also help satisfy the public's desires to communicate their visions for the management of the National Forests. Key barriers include heavy workloads, negative views of the public, and over-reliance on minimum procedural requirements. Conversely, strong normative beliefs about the positive role of the public in agency planning, leadership commitment, and a recognition of the discretion afforded planning personnel can lead to higher levels of desired public influence.
- Safety Training for Spanish-Speaking Workers in the Logging Industry in the Southeastern United StatesO'Neal, Brandon Scott (Virginia Tech, 2006-03-29)Safety in logging operations in the Southeastern United States has long been an issue of concern. Recently, a growing number of Spanish-speaking workers have become employed in logging operations in the Southeastern U.S. There is a growing concern that injury and fatality rates could increase due to inexperience, possible lack of proper safety training, and language barrier problems attributed to the new Spanish-speaking workers. The study area is the Southeastern U.S., comprising twelve states ranging from Texas to Virginia. The goal of this study is to determine the current percentage of Spanish-speaking workers in the study area, assess the previous and present safety training received by Spanish-speaking workers, and provide recommendations addressing the short and long-term logging safety training needs of Spanish-speaking workers. Data was collected through a combination of field surveys and questionnaires. The surveys collected data from 1890 logging operations in the study area, and was used to determine the population of Spanish-speaking workers in the logging industry. The questionnaires were completed during the summer of 2005 by 41 selected sample loggers who employ Spanish-speaking workers, in which they addressed the previous and present safety training received by Spanish-speaking workers, in addition to other information pertaining to safety. The percentage of Spanish-speaking workers in the logging industry in the Southeastern U.S. was 3.37%. Ten percent of operations employed one or more Spanish-speaking workers. Relevant literature as well as data collected through this study suggests that Spanish-speaking worker populations will continue to increase. The survey showed Spanish-speaking workers in the logging industry have tended to immigrate to specific regions, Arkansas and North Carolina. Loggers tend to employ one or two Spanish-speaking workers with several non-Spanish-speaking workers rather than forming entire crews of Spanish-speaking workers. Average employment tenure for Spanish-speaking workers was six years. The majority of loggers (90%) who employed Spanish-speaking workers had at least one worker who could translate safety training/instructions to other Spanish-speaking employees. Loggers ranked this method as the most effective way for presenting safety training to Spanish-speaking workers. Based on the survey data, Spanish-speaking workers are not likely to substantially impact logging industry injury statistics in the Southeastern U.S. in the near future, but could in the long term. Recommendations were developed from a combination of survey and questionnaire results and literature reviews. It is recommended that: (1) The use of multiple safety training methods will maximize the Spanish-speaking workers learning ability, (2) The combination of hands-on/demonstration training and the use of a bi-lingual employee/translator seem to be the optimal combination of safety training methods for Spanish-speaking workers, (3) Determine the education/literacy levels of Spanish-speaking employees. It is not appropriate to provide a Spanish-speaking worker with written safety material if they cannot read, (4) Safety training methods used for Spanish-speaking workers may require more "customization" than that of non-Spanish-speaking workers. This is, in part, due to language barriers, questionable literacy, and the fact that in other industries Spanish-speaking workers seem to be more accident prone, (5) It is advisable not to assign inadequately trained and experienced Spanish-speaking workers to tasks such as manual felling, trimming, or bucking with a chainsaw, as this is one of the most hazardous logging tasks. Assigning an experienced employee for a period of at least one week who can oversee the Spanish-speaking worker and correct any unsafe practices would be advisable when assigning a new Spanish-speaking worker to this task, (6) Use universally accepted hand signals around the landing area rather than verbal communication to prevent any miscommunication between Spanish-speaking and non-Spanish-speaking workers, (7) Monitor the Spanish-speaking worker population in the logging workforce closely. Depending on political and economic factors, this population could grow quickly and begin to impact safety/injury rates and (8) Crews comprised entirely of Spanish-speaking workers would likely communicate better. While the limited availability of Spanish-speaking workers in some areas may currently restrict this idea, it may be feasible in the future as more Spanish-speaking workers enter the logging workforce. At this time it may be beneficial for employers to learn Spanish or for Spanish-speaking workers to learn English.
- Survey and Analysis of Local Forestry-Related Ordinances in the Northeast, Mid-West, and Western United StatesJohnson, William F. (Virginia Tech, 2002-12-20)In the United States, federal, state, and local forest policies affect many aspects of the forest industry. Regulations from all levels dictate how resource professionals manage the forest resources of the country. This study examines state and local regulatory relationships with a primary focus on local regulations in the Northeast, Mid-West, and western regions of the United States. A total of 388 local forestry ordinances were identified among the 35 states of the Northeast, Mid-West, and western regions of the United States. The Northeast contains the majority of local forest ordinances with 351. These ordinances are distributed among 8 states and many small local government types. The Mid-West currently embraces fewer local forest regulations with 16 ordinances across 4 states. In the West, 21 local forestry ordinances were found of which most are fostered by comprehensive forest practice acts. The primary objective of most local regulations in all regions is to regulate timber harvesting to some degree. The scope of the remaining local regulations; however, varied by region. The presence of local regulations has existed for over 30 years, and there are indications that they will have an even greater impact on forest management in the future. In addition, local regulations are steadily becoming more comprehensive in scope, which makes it difficult to determine their impacts. The cumulative impact of local regulation rests not only in the number of ordinances, but also in the area they govern, stringency of provisions, local resource conditions, and degree of enforcement.
- A Survey of Conservation Easement Restrictions on Private Forest Land to Determine their Effects on Forest Management and Timber SupplyHuff, Jeffrey Scott (Virginia Tech, 2004-05-04)Conservation easements are increasingly becoming a popular land use control for landowners, government agencies and non-profit conservation organizations. These legal documents restrict a landowner's development rights and constrain other property uses. The landowner (grantor) voluntarily places an easement on his or her property, while the government agency or qualified conservation organization (grantee) holds it in perpetuity. While the Land Trust Alliance's (LTA) most recent estimate of easement-protected land amounts to nearly 2.6 million acres in 2000, an estimate of forestland protected is nonexistent. Additionally, no empirical studies address forest management on current easements nationwide, although a few studies address forestry at the state- or regional-level. As a result, this survey was designed to address three goals by sampling 1,527 conservation organizations and 63 state government agencies that may hold conservation easements. The first goal estimates total forestland protected. The second goal determines forestry restrictions commonly found in current easements. The third goal ascertains the impact of easements on forest management and timber supply. Survey results show that over 536 conservation organizations and 20 state agencies hold over 16,025 conservation easements on 4.9 million acres of all land types. Of these totals, a minimum of 3,598 easements protect over 2.5 million forestland acres. Forest management restrictions tend to vary based on the protected property's forest resources. The desires of the grantee holding the easement also influence the type and level of forestry restrictions. To date, conservation easement restrictions do not appear to impact timber supply nationally, although local or regional timber supply may be impacted in the future, especially in the Northeast. Several conclusions offer technical insights on forestland protection by conservation easements. First, grantees should complete a baseline forest inventory prior to placing an easement on a forested property. This inventory provides a basis for drafting effective easement provisions and permits future monitoring. Second, grantees should encourage professionally-written forest management plans on every working forest easement. Third, all conservation organizations need to work cooperatively with government agencies in locating potential conservation lands. GIS/GPS technology helps demonstrate the spatial relationship of conservation easements to other government-protected lands, promoting efficient location of properties that augment other protected lands.
- Understanding perceptions and adoption of green stormwater infrastructureCarlet, Fanny (Virginia Tech, 2014-04-14)Building on existing theories of diffusion of innovation and technology acceptance, the object of this study is to investigate how municipal officials' perceptions of key attributes of green infrastructure influence their attitudes toward adoption. In addition, this dissertation provide useful insights into the relationship between the diversity of green infrastructure tools that local jurisdictions across the US support with policies or programs, and the factors influencing adoption. A key feature of this study is a nationwide survey conducted among US city stormwater managers, planners and other public officials, whose responses were combined with secondary data and analyzed using multiple regression techniques. Findings indicate that municipal officials' perceptions of relative advantage, compatibility, trialability, and perceived resources are significant predictor of favorable disposition toward adoption, while perceived risk has a negative influence on attitudes. In addition, the level of environmental awareness and support has the greatest impact on the number of green infrastructure strategies jurisdictions have adopted. Based on the analysis in this study, proponents of green stormwater infrastructure will be better prepared to promote diffusion of these strategies at the local level.
- The Value of Cooperative Extension's Public Benefit Explored through Enhancements to Forest Ecosystem Services ProvisionGoerlich, Daniel Lee (Virginia Tech, 2018-02-06)Cooperative Extension produces public value through educational programming that benefits the greater community. Forests provide numerous valuable benefits to society through the provision of ecosystem services. Cooperative Extension educational programming positively impacts forest owners, who in turn conduct actions that enhance ecosystem services. A heretofore unrecognized relationship exists between Cooperative Extension and ecosystem services that provides opportunity for mutual benefit. Applying ecosystem services values to Extension natural resources-related programmatic outcomes through benefit transfer provides an avenue for Extension to make significant advancements in monetizing public value. Beyond serving simply as a source of financial justification, however, linkages with ecosystem services also provide Cooperative Extension with opportunities to improve the design and delivery of educational programs, do a better job articulating an array of public benefits resulting from agency accomplishments, and optimize allocation of sparse resources and Extension efforts. This dissertation thoroughly explores these concepts by providing an overview of: Cooperative Extension in general and Extension forestry more specifically; public value in an Extension context; ecosystem services; ecosystem services valuation; benefit transfer, and; connections between these diverse topics. In addition, benefit transfer principles are applied to an existing Extension evaluation data set in attempt to monetize Cooperative Extension's impact, lessons learned are explored, and the Cooperative Extension public value discussion is re-framed as one aspect of overall continuous organizational improvement.