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16 CapitalPress.com February 6, 2015 USDA cannot restrict GMO pine Agency says it lacks authority to regulate biotech tree By MATEUSZ PERKOWSKI Capital Press A pine tree genetically engi- neered for greater wood density can be grown without restric- tions after the USDA decided it lacks authority to regulate the variety. The finding has alarmed critics of genetically modified organisms who fear the new cultivar will cross-pollinate with trees in the wild, resulting in unknown consequences for forests. ArborGen, a tree seedling producer, altered the loblolly pine variety with a “gene gun,” inserting genetic material from the Monterey pine, the Ameri- Farmed Smart certification offers regulatory ‘safe harbor’ By MATTHEW WEAVER Capital Press KENNEWICK, Wash. — The Pacific Northwest Direct Seed Association is looking for farmers to sign up for a new certification program that will provide farmers a “safe harbor” from some regulatory agencies. Association executive di- rector Kay Meyer described the program, called Farmed Smart, during the Pacific Northwest Oilseed and Direct Seed Conference in Kenne- wick, Wash. Third-party auditors would certify farms that employ con- servation practices and transi- tion to direct seeding, Meyer said. “We’ve got our regulatory agencies on board, saying if farmers are getting certified, they are achieving water qual- ity standards because of these practices that they are imple- menting,” Meyer said. The association is creating a memorandum of understand- ing with the Washington De- partment of Ecology defining management practices. The program has credibil- ity, said Chad Atkins, water quality specialist for the de- partment in Eastern Washing- ton. “We’re used to looking for problems and then holding the hammer over people in order to get those fixed,” Atkins said. “This provides an opportunity to come at it from a different direction — rewarding pro- ducers for environmental pro- tection.” Campbell’s, Wal-Mart and Pepperidge Farms already see the program as a way to meet their sustainability initiatives, Meyer said. The association hopes to certify 200 farms, or roughly 400,000 acres, in the Pacific Northwest. The first 10 farm- ers would pay no certification fee, and the next 30 would pay a reduced fee. Genesee, Idaho, farmer Russ Zenner said he already has Food Alliance certification as a producer for Shepherd’s Grain, and said Farmed Smart is similar. Food Alliance cer- tification concentrates on sus- tainable farming practices. Mark Sheffels, a Wilbur, Wash., farmer, said some as- pects of the program, such as buffers along streams, poten- tially represent a significant economic sacrifice for farmers because of maintenance costs and weed problems. “Our part of the world is typically the most produc- tive dirt (anywhere),” Zenner agreed. “There’s going to have to be significant incen- tive to take that out of produc- tion.” Sheffels said the criteria is tough, but doable. It’s also timely, as farmers realize there will be greater expectations for agriculture in the future, he said. “Everybody expects more regulatory scrutiny in the fu- ture and being part of this pro- gram says you recognize that and you’ve already addressed it,” he said. Courtesy of Woodlot, Wikimedia Commons Loblolly pines are used for lumber, plywood and paper. Arborgen, a tree seedling company, has developed a ge- netically modified cultivar of the tree that’s higher in density and will not be regulated by USDA. can sweetgum tree, mouse ear cress and E. coli bacteria. None of these organisms are plant pest risks, so the USDA has determined the pine is not a regulated article and can be freely cultivated without under- going environmental studies, unlike crops that rely on plant pathogens for their transforma- tion. Higher density in wood is generally associated with strength and durability in lum- ber as well as higher energy content for biomass uses, said Steven Strauss, a forest bio- technology professor at Oregon State University. Biotech cultivars that rely on plant pests for gene transfer often undergo lengthy govern- ment scrutiny before they’re brought to market, he said. “The regulatory process is highly political. It’s not just based on science,” Strauss said. For this reason, companies are seeking alternative ways of commercializing genetical- ly engineered crops, he said. “That’s understandable from the commercial point of view.” Arborgen, for example, has tried to gain USDA’s approval since 2008 for a freeze-toler- ant eucalyptus tree, which was transformed with a soil patho- gen and thus must receive the agency’s permission for wide- spread commercialization. Environmental groups filed a lawsuit to block the compa- ny from field testing the trees, but that request was denied by a federal judge. Even so, Arborgen was asked to submit additional data about the biotech tree in 2011 and the variety remains regulated while the USDA conducts an in-depth environmental review. Critics of genetically modi- fied organisms such as the Cen- ter for Food Safety worry that Arborgen was able to circum- vent field trial permits and other regulatory procedures with its loblolly pine cultivar. The group claims it’s un- precedented for USDA to allow a genetically engineered tree to be cultivated without any gov- ernment oversight. “This is a genetically engi- neered organism that is going completely unregulated,” said Martha Crouch, biotechnology consultant for the organization. Strauss, of OSU, said he would like to see more “nim- ble” regulations governing bio- tech crops but is nervous about USDA’s lack of authority over GMOs produced without plant pests. While the USDA may not consider such crops to be reg- ulated articles, other countries may disagree — creating the potential for “chaos in the mar- ketplace,” he said. The Center for Food Safe- ty is concerned about potential environmental impacts, alleg- ing that changes in wood den- sity could affect decomposition rates and forest species. Because the USDA decid- ed it lacks regulatory authority over the tree, the agency only considered the method of trans- formation without assessing any other potential risks that it might pose, said Crouch. “This is an end run around that,” Crouch said. Little information is avail- able to the public in Arborgen’s request letter seeking regula- tory clearance or the USDA’s response, she said. “We don’t really know how they did it or how big of a change it is.” Arborgen was formed in 2000 by combining the biotech- nology divisions of three forest products companies. In 2010, the company filed reports with U.S. financial regulators in preparation for an initial public offering of its stock. Idaho House OKs dust rule change By SEAN ELLIS Capital Press BOISE — A temporary rule that ensures Idaho farmers and ranchers won’t be fined for cre- ating dust has been approved by a House committee. It still needs to pass a Senate committee be- fore it becomes permanent. The new rule clarifies Ida- ho’s fugitive dust law as it ap- plies to agricultural activities, Tiffany Floyd, air quality divi- sion administrator for the Idaho Department of Environmental Quality, told lawmakers Jan. 26. Idaho’s dust law requires all reasonable precautions be tak- en to prevent particulate matter from becoming airborne, she told members of the House En- vironment, Energy and Technol- ogy Committee. The proposed rule states that if a farmer or rancher operates in accordance with generally rec- ognized agricultural practices, that “constitutes reasonable con- trol of fugitive dust,” Floyd said. Idaho’s agricultural commu- nity asked for the amendment to Idaho’s fugitive dust law last year after a Southwestern Idaho lawmaker was contacted by a farmer who was fined by DEQ for creating dust while grinding hay on a feedlot. Sean Ellis/Capital Press A dry bean field is harvested last August in southwestern Idaho. The Idaho House has approved a temporary rule that would ensure farmers and ranchers aren’t fined for creating dust. The Senate still has to approve the rule. DEQ officials told farm in- dustry leaders they had no in- tention of using the law to target normal agricultural practices, but there was some disagree- ment between the two sides on what normal farming practices were. Under the current rule, farm- ing and ranching operations are “subject to violations and pen- alties every time a wheel turns in a field or someone feeds their livestock,” said Roger Batt, executive director of the Ida- ho Heartland Coalition, which is made up of several farming groups. The new rule, which was hammered out after three meet- ings held under Idaho’s negoti- ated rulemaking process, lists what generally recognized agri- cultural practices are. The definitions were taken largely from Idaho’s Right to Farm Act and include preparing land for agricultural production, applying or handling pesticides, herbicides or other chemicals, planting, irrigating, growing, fertilizing, harvesting or pro- ducing agricultural, horticultur- al, floricultural and viticultural crops. It also includes breeding, hatching, raising, producing, feeding and keeping livestock, dairy animals, swine, fur-bear- ing animals, poultry, eggs, fish and other animals, animal prod- ucts and by-products, animal waste and compost, and bees. The new rule states that the DEQ shall consult with the Ida- ho State Department of Agri- culture in determining whether an activity is a generally recog- nized agricultural practice. “We see them as more of an expert in this field than we are,” Floyd said. The amendments to Idaho’s dust law are simple, Batt said: “They clarify that as long as you are following generally recog- nized agricultural practices, then you are reasonably controlling fugitive dust and not found in violation of the rules.” “The overall result is good for agriculture,” said Milk Pro- ducers of Idaho Executive Di- rector Brent Olmstead. “We needed some clarity ... because agriculture is different from any other industry (DEQ) regulates on fugitive dust.” The rule faced some tough questions from a few lawmak- ers, including whether groups representing sensitive popula- tions, such as people in care homes or school children, participated in the rulemak- ing process. The answer was, “no.” Oregon projects awarded $22 million in federal grant funding By ERIC MORTENSON Capital Press Six Oregon conservation projects have been awarded $22 million in grants from the federal Natural Resource Con- servation Service, an arm of the USDA. Almost half the money, $9 million, will fund greater sage grouse habitat improvement on private land in eight eastern and southeastern Oregon coun- ties. Other grants will help re- store native oak and prairie habitat, remove fish barriers, help establish carbon markets and improve rangeland. The Oregon sage grouse work, with local soil and water conservation districts serving as the go-between for ranchers and the U.S. Fish and Wildlife Service, has become a national model. Under voluntary plans called Candidate Conservation Agreements with Assurances, or CCAA, landowners agree to manage their land in a way that benefits sage grouse. The work includes such things as removing western juniper so that native sage and grasses re- turn, marking fences to avoid bird strikes, keeping cattle out of breeding grounds called leks and putting escape ramps in water troughs. In return, landowners get 30 years protection from addi- tional regulation even if great- er sage grouse are listed under the Endangered Species Act this year. The federal wildlife service will decide on the sage- grouse listing in September. The model began in Harney County, where 54 landowners have now signed letters of in- tent to develop site-specific plans for their property. The agreements now cover about 330,000 acres of private land in the county, including 87 per- cent of what’s considered pri- ority habitat for sage grouse. The $9 million grant, which must be matched locally, covers work in Harney, Baker, Crook, Deschutes, Grant, Lake, Mal- heur and Union counties. Marty Suter, manager of the Harney County Soil and Water Conservation District, said she’s had inquiries from North Dakota, Montana and Idaho about how to establish the agreements. “I think the appeal was the collaboration and the grass roots effort,” Suter said. “CCAAs are a model for the West.” She said trust between landowners, the district and federal wildlife officials is the crucial ingredient. In particu- lar, she credited the leadership of Paul Henson, supervisor of the USFWS office in Portland. “The agency in charge of the (endangered species) list- ing really wants to help,” she said. The other projects receiv- ing funding are: • $3 million to restore oak habitat in the Klamath and Rogue River basins. • $5 million for juniper re- moval and range restoration in the John Day River basin. • $2 million to remove fish passage barriers in two Wasco County watersheds. • $2 million to restore oak and prairie habitat in the North Willamette Valley. • $1 million to establish carbon markets on private for- estland, allowing for credits to offset industrial carbon emis- sions. Potato leaders address port slowdown impacts Long-term export demand worldwide ‘still outstanding’ By MATTHEW WEAVER Capital Press KENNEWICK, Wash. — The best thing potato farmers can do about the labor slow- down at West Coast ports is pro- vide numbers about the impacts on their industry, says the head of Oregon’s Department of Ag- riculture. “Use real examples — how are you being directly impacted or how is your industry being directly impacted?” department Director Katy Coba said during the Washington-Oregon Pota- to Conference in Kennewick, Wash. “That makes a differ- ence.” Coba urged growers to share their concerns with federal con- gressional representatives as well as state representatives. Mediations appeared to be Matthew Weaver/Capital Press Washington State Potato Commission Executive Director Chris Voigt accepts the Potato Bowl trophy from Oregon Potato Com- mission executive director Bill Brewer, right. WSU beat OSU in a football game in November 2014, and the two commissions donated more than 100,000 pounds of potatoes to local food banks as part of a friendly competition, Brewer said. Brewer and Oregon hope to take the trophy back this fall. moving forward with reso- lution of a contentious issue, Coba said, but she received a text Jan. 27 that no Internation- al Longshore and Warehouse Union workers reported to duty. “It’s going to take years to overcome what’s going on right now,” said Bill Brewer, Oregon Potato Commission executive director. Brewer said the commission was 20 percent ahead of col- lections of assessments in No- vember, compared to the same time period the year before. In December, it was back to even. As of Jan. 15, the commission is 20 percent behind, he said. “That is directly related to the amount of potatoes being processed that should be export- ed,” Brewer said. “The proces- sors can’t process them, they don’t have any more storage or freezer space available. Their customers are wanting product, we cannot get it to them.” John Toaspern, chief market- ing officer for the U.S. Potato Board, said the port slowdown is one of three issues impacting potato exports, alongside a large European potato crop and the strength of the U.S. dollar com- pared to the euro, Japanese yen and other currency. Before the slowdown, U.S. frozen potato exports from July to October of the present mar- keting year were off 8 percent, Toaspern said. With the slow- down, frozen exports are off 38 percent. Ports are running at 50 percent capacity at best, Toaspern said. “We are going to see some tough numbers this year, but hopefully those three factors can be corrected moving forward,” he said. “The long-term pros- pects for exports are still out- standing. Demand for potatoes and products worldwide contin- ues to grow.” Also during the conference: • Washington Potato Com- mission executive director Chris Voigt urged farmers to ask seed growers for plant health certifi- cates, in effort to better control viruses. The industry is begin- ning to see more strains of po- tato virus Y producing necrotic symptoms in tubers. “We have an opportunity to solve that problem now, but it’s really important you know the quality of the seed you have,” Voigt said. • Coba expects more leg- islation in Oregon related to pesticides, particularly aerial applications, citing public con- cerns about human health and drinking water impacts.