FSH 5109.18 - WILDLAND FIRE PREVENTION HANDBOOK WO AMENDMENT 5109.18-99-1 EFFECTIVE 06/10/1999 CHAPTER 50 - WILDLAND FIRE PREVENTION ENFORCEMENT AND FIRE INVESTIGATION For related direction on law enforcement and investigations see FSM 5300 and FSH 5309.11. 50.1 - Authority. In addition to the Federal laws and regulations listed here and in FSM 5301, State and local law and ordinances for wildland fire prevention enforcement may also apply to National Forest System lands. 1. Title 16, United States Code, section 551 (16 U.S.C. 551). This law provides that the Secretary of Agriculture shall make provisions for the protection against destruction by fire and depredations upon public forests and national forests. 2. Title 16, United States Code, section 559 (16 U.S.C. 559). This law provides that persons employed in the Forest Service of the United States shall have the authority to make arrests for violation of the laws and regulations relating to the national forests. 3. Title 36, Code of Federal Regulations, part 261 (36 CFR part 261). These regulations set out general prohibitions on acts or omissions that threaten or affect National Forest System lands, developments, forest visitors, and persons engaged in the protection or improvement/administration of these lands. 50.2 - Objective. The objective of wildland fire prevention enforcement is to ensure compliance with Federal, State, and local fire prevention laws, regulations, codes, and standards through an effective enforcement program designed to protect National Forest System lands, visitors to National Forest System lands, and private lands and improvements within and adjacent to National Forest System lands. 50.3 - Policy. 1. Each wildland fire that occurs on or affects National Forest System lands shall be investigated to determine its cause (FSM 5302, para. 2, and FSM 5303.11, para. 2). 2. Enforcement of wildland fire prevention laws and regulations shall be applied in a manner that is consistent and emphasizes effective communications, education, and enforcement. 3. Only personnel trained in fire cause and origin determination shall be used to determine the specific origin area and ignition source of wildland fire. 51 - WILDLAND FIRE INVESTIGATION. (Sec. 50.3). 51.1 - Cause and Origin Determination. To assist with the cause and origin determination, the units personnel first on the scene should attempt to locate and protect what they believe to be the fire's area of origin. The initial cause and origin determination is the responsibility of personnel trained for this purpose (FSH 5309.11, sec. 23.41). Fire cause and origin determination is essential to: 1. Assist in assessing the unit's wildland fire problem. 2. Develop a realistic and well-designed wildland fire prevention program for implementation. 3. Determine if referral to law enforcement personnel is needed to establish the person responsible for fire. Fire cause determination is essential for an accurate picture of a unit's fire problem and an accurate fire assessment (sec. 12) by qualified personnel. Once a fire cause is found, determine the best wildland fire prevention actions through education, engineering, or enforcement of laws and regulations (see further direction in ch. 30 and 40). 51.2 - Human-Caused Fires. Law enforcement personnel, as defined in FSM 5305, shall investigate fires determined to be human-caused (FSH 5309.11, sec. 23.4). In addition, in all cases involving anticipated suppression costs exceeding $40,000, immediately notify the Forest Service Special Agent responsible for the area (FSM 5331.03 and FSH 5309.11, sec. 23.42). Law enforcement personnel should be notified immediately. Data on all human- caused or activity fires shall be entered into the law enforcement LEMARS reporting system (FSM 5342). 52 - FIRE RESTRICTIONS AND CLOSURES. Ensure that plans are developed, for implementation at appropriate times by order on local units, for restrictions on the use of open fires and other causal agents and for closures of National Forest System lands due to fire danger. See Title 36, Code of Federal Regulations, part 261, subpart B for specific prohibitions. Coordinate with Law Enforcement and Investigations Staff and Office of Communications personnel in the preparation and public notification for an order and implementation plan. All special orders must be reviewed by Law Enforcement and Investigations personnel prior to approval (FSM 5304.31a and 5304.33a). 52.1 - Fire Restriction Orders. Line officers above the District Ranger level issue orders for restricting activities on National Forest System lands. When a unit determines the need to order and implement the fire restriction plan, ensure close coordination with cooperators and other functional areas within the Forest Service, especially law enforcement personnel. Base the issuance of orders for these restrictions on: 1. Live fuel moistures. 2. Burning indexes. 3. Drought indexes. 4. Draw down levels. 52.2 - Emergency Forest Area Closures. An emergency closure of National Forest System lands for any reason can be extremely sensitive. Prior to the actual need for an emergency closure, develop a plan for emergency forest area closures. The final decision to implement an emergency closure is implemented by order from a line officer above the District Ranger level, in most cases the Forest Supervisor. Orders for area closures should be based on extreme fire danger, and area closures must be coordinated with law enforcement and cooperating fire and law enforcement agencies. 1. Implement closures only under the most severe conditions. 2. Allow closures to remain in effect for the shortest possible time. 3. Implement closures with the concurrence of cooperators and local political jurisdictions. 52.3 - Posting. Display each prohibition contained in a restriction and/or closure order in a manner to reasonably bring the prohibitions to the attention of the public (36 CFR 261.51). Implementation should include feedback from communications and law enforcement personnel.