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CapitalPress.com
May 6, 2016
Experts debate barriers to species delisting
Bureaucracy,
litigation cited
as obstacles
By MATEUSZ PERKOWSKI
Capital Press
Whether the Endangered
Species Act has effectively
improved the fortunes of im-
periled wildlife and plants is a
matter of interpretation.
Critics of the ESA’s imple-
mentation point to the fact that
only 63 species have ever been
removed from the federal list
of threatened and endangered
species, which currently has
2,258 international entries.
Of the species no longer on
the list, 10 have gone extinct,
19 were listed erroneously and
34 have sufficiently recovered.
Experts recently testifying
before Congress offered sever-
al reasons so few species ever
make it off the list.
Rob Thornton, an attorney
involved in ESA litigation,
largely laid the blame on bu-
reaucracy.
Each species that’s list-
ed develops a “constituency”
that actively opposes its re-
moval, he said during an April
20 hearing before the House
Committee on Oversight and
Government Reform.
Federal officials are also
reluctant to delist species be-
cause it diminishes their regu-
latory domain, Thornton said.
“Frankly, the Endangered
Species Act provides a lot of
regulatory authority and pow-
er to the Fish and Wildlife Ser-
vice, so the natural human in-
clination of the regulator is to
retain that authority,” he said.
Litigation also acts as an
obstacle to delisting, critics
said.
The U.S. Fish and Wild-
life Service and the Nation-
al Marine Fisheries Service
commonly face lawsuits over
delisting actions or the failure
to meet deadlines on listing pe-
titions from environmentalists.
As a result, federal regula-
tors spend much of their time
reacting to lawsuits rather than
conducting science and on-the-
ground activities, said Karen
Budd-Falen, an attorney who
represents natural resource in-
dustries.
“They simply can’t do their
jobs because all their hours are
sucked up in litigation,” she
said.
A major settlement reached
in 2011 between the federal
government and environmen-
tal groups established a sched-
ule for listing decisions for
more than 1,000 species, said
Lowell Baier, an attorney and
environmental historian.
Rather than lift the burden
of litigation, however, the set-
tlement has simply invited
new legal challenges when the
governments decides not to list
species, he said.
“The settlement did noth-
ing but generate a whole series
of new lawsuits,” Baier said.
Meanwhile, the govern-
ment has slowed its pace of
creating “recovery plans” for
species that are listed, Budd-
Falen said.
Such plans were developed
for 843 species between 1990
and 1999, but the rate fell to
only 235 species between
2000 and 2009, she said. Only
177 recovery plans have been
finished since 2010.
“The priority is in listing,
not in setting recovery plans
to get the species off the list,”
Budd-Falen said.
The lack of recovery plans
is a hindrance to delisting be-
cause states and landowners
don’t have population goals
for species to be considered
recovered, she said.
“If we know where we’re
going, we can figure out how
to get there,” she said.
Defenders of the ESA’s ef-
fectiveness argued the law has
measurably helped listed spe-
cies.
Ninety percent of listed
species with recovery plans are
rebounding at the prescribed
rates, said Robert Glicksman, a
law professor at George Wash-
ington University.
About 250 species would
likely have disappeared if not
for ESA protections, he said.
“The success of the Endan-
gered Species Act cannot be
measured by delisting alone.”
Funding for the ESA has
been inadequate since the law
was passed in 1973, but Con-
gress has nonetheless sought to
cut programs aimed at species
recovery, Glicksman said.
ESA lawsuits are allowed
to ensure that federal agencies
are held accountable, he said.
The court system has
been used by those who want
stronger ESA enforcement
and those who believe it’s too
strict, Glicksman said.
Attorneys can be sanc-
tioned by courts for filing
frivolous lawsuits, he said.
“There’s a reputational cost to
an attorney in a case which the
Mexico may revisit apple tariffs
By DAN WHEAT
Capital Press
YAKIMA, Wash. — Mexi-
co may decide the future of its
temporary tariffs on Washing-
ton apples in early June.
The nation could end the
tariffs or extend them for
five years, said Fred Scarlett,
manager of Northwest Fruit
Exporters, a nonprofit corpo-
ration in Yakima that manages
export procedures for apples
and cherries.
“I have no idea what they
will do but we expect it in ear-
ly June,” Scarlett said. That’s
based on what an attorney for
NFE is hearing from the Mex-
ican Ministry of Economia, he
said.
Mexico is the largest im-
porter of Washington apples,
usually buying about 10 mil-
lion, 40-pound boxes a season.
The record was 16 million
boxes from the 2014 crop.
As of April 15 season-to-
date, shipments to Mexico to-
tal 4.9 million boxes, down 36
percent from 7.6 million for
the same period a year ago.
Mexico imposed temporary
tariffs ranging from 2.44 to
20.82 percent on Washington
exporters on Jan. 7 for alleged
dumping — selling apples at
low prices that damaged Mex-
ican apple producers — in
2013.
Washington shippers de-
LEGAL
SECRETARY OF STATE
NOTICE OF PROPOSED
RULEMAKING HEARING
Oregon
Department
of
Agriculture,
Pesticide
program,
Administrative
Rules Chapter #603, Sue
Gooch, Rules Coordinator,
503-986-4583. Adopt: OAR
603-057-0108.
RULE SUMMARY: As a result
of Oregon HB3549, beginning
January 1, 2016, individuals
may not spray or otherwise
apply a pesticide by aircraft
unless the individual holds a
valid
aerial
pesticide
applicator certificate issued
by the Oregon Department of
Agriculture
(ODA).
A
certificate is a type of license,
and specific conditions must
be met in order to qualify for
a certificate. Conditions
include, but are not limited
to, that an applicant must
have at least 50 hours of
experience
on
flights
conducted for the purpose of
carrying out, or training to
carry out, spraying or
otherwise applying pesticides
by aircraft.
In
addition,
beginning
January 1, 2017, HB3549
requires all aerial pesticide
applicators to take and pass
an examination approved by
ODA, testing the knowledge
of the individual regarding
proper spraying and other
application of pesticides. The
statute also requires the
aerial applicator certificate
holder
to
successfully
complete at least 10 credit
hours in ODA approved
instruction or educational
courses related to the
spraying or other application
of pesticides by aircraft
during the 5 year certification
period.
Hearing date: May 24, 2016 at
1:00 p.m. Location: Oregon
Dept. of Agriculture, Hearing
Room, 635 Capitol St NE,
Salem, OR. Last day for public
comment is May 27, 2016.
19-1/#4
judge says the suit was frivo-
lous.”
Dan Ashe, director of the
Fish and Wildlife Service,
called the ESA “a visionary
and powerful law.”
“It’s been remarkably suc-
cessful: 99 percent of the spe-
cies listed are still with us to-
day,” he said.
Even so, recovery efforts
take time, Ashe said.
The bald eagle, for exam-
ple, was delisted in 2008 af-
ter “40 years of hard work,”
which involved banning the
insecticide DDT and restoring
the health of rivers so they’d
have enough fish to sustain the
birds, he said.
Populations
of
the
black-footed ferret were so
low that it was considered
extinct at one point, but now
is improving, Ashe said.
“We have brought it back to
the point where we’re now
talking about the recovery of
the black-footed ferret. That
takes decades to accomplish.”
Chilean fruit
company
expands its
U.S. footprint
By MATEUSZ PERKOWSKI
Capital Press
Dan Wheat/Capital Press
Eleodoro Rameriz, front, packs a tray of Fuji apples into a 40-pound box at Washington Fruit & Produce Co.’s new packing plant in Yaki-
ma, Wash., last December. The company is one of only a few apple packers in the state that has tariff-free access to the Mexico market
this season.
nied the allegations but Econo-
mia determined there was suf-
ficient evidence to investigate
and impose preliminary duties.
Washington Fruit & Pro-
duce, Yakima; Monson Fruit
Co., Selah; and CPC Interna-
tional Apple Co., Tieton, were
allowed to keep shipping free
of any tariff.
According to a Jan. 7 report
by USDA GAIN — Global
Agricultural Information Net-
work — tariffs were imposed
on Zirkle Fruit Co., Selah, at
20.82 percent; Broetje Or-
chards, Prescott, 17.22 percent;
Stemilt Growers, Wenatchee,
10.14 percent; Northern Fruit,
East Wenatchee, 9.45 percent;
Chiawana, Yakima, 8.27 per-
cent; Gilbert Orchards, Ya-
kima, 7.39 percent; Custom
Apple Packers, Wenatchee,
5.55 percent; and Evans Fruit,
Cowiche, 2.44 percent.
Producer-exporters who
were among 40 responding to
a 2015 Economia questionnaire
but not among the 12 chosen for
audit are at a 7.55 percent tariff,
and others who didn’t respond
to the questionnaire face a 20.82
percent tariff.
Mexico officials could con-
clude there was no dumping
and drop the tariffs or they
could conclude there was
dumping and impose tariffs,
which would typically last five
years, Scarlett said.
Rebecca Lyons, export
marketing director of the
Washington Apple Commis-
sion in Wenatchee, said a 12
percent reduction in the value
of the peso versus the dollar,
a smaller 2015 Washington
apple crop and higher prices
have all contributed more to
the drop in exports to Mexico
than the tariffs. The tariffs hurt
some shippers more than oth-
ers, she said.
Overall exports are down
30 percent because of the
strong dollar and higher pric-
es, she said.
Mexico imports will like-
ly finish the season at about 9
million boxes, Lyons said.
Attorneys for several Wash-
ington fruit companies spoke
at an Economia public hearing
on the case in Mexico City
on March 17. Cass Gebbers,
co-owner of Gebbers Farms in
Brewster, was the only com-
pany principal to attend and
speak, Scarlett said.
Gebbers declined com-
ment.
West Mathison, president
of Stemilt Growers, said the
company is in the process
of having Economia review
data. He said the impact has
been small this season as most
of Stemilt’s fruit is sold do-
mestically.
Darigold offers membership to McMinnville dairy co-op farmers
By ERIC MORTENSON
Capital Press
Darigold,
the
tle-based
dairy
Seat-
co-op,
LEGAL
The Oregon Soil and Water Con-
servation Commission (SWCC)
will hold a work session to
update its Strategic Plan on
Monday, May 23, 2016, from 1:00
p.m. to 4:00 p.m. The SWCC will
hold its regular quarterly meet-
ing on Tuesday, May 24, 2016,
from 8:30 a.m. to 12:30 p.m. The
work session and the regular
quarterly meeting will be held at
the Oregon Association of
Nurseries, 29751 SW Town Center
Loop West, Wilsonville, OR
97070. The meeting agenda cov-
ers SWCC reports, advisor re-
ports, Soil and Water Con-
servation District programs and
funding, Agriculture Water
Quality Management Program
updates, and other agenda
items.
The Oregon Department of
Agriculture complies with the
Americans with Disabilities Act
(ADA). If you need special accom-
modations to participate in this
meeting, please contact Sandi
Hiatt at (503) 986-4704, at least
72 hours prior to the meeting.
19-1/#4
is offering membership
to farmers now aligned
with Farmers Cooperative
Creamery, based in McMin-
nville, Ore.
In a carefully worded
email statement, Darigold
spokeswoman Sarah Taydas
said the boards of both co-
ops approved an agreement
in which FCC members can
join Northwest Dairy Asso-
ciation.
Darigold is an NDA sub-
sidiary.
FCC producers will con-
sider the “strategic option”
at upcoming meetings, Tay-
das said in the statement.
She said the agreement
is not a merger of the co-
ops.
LEGAL
NOTICE OF RYEGRASS GROWERS SEED COMMISSION
PROPOSED ASSESSMENT INCREASE AND BUDGET HEARING
TO: ALL OREGON RYEGRASS GROWERS
Notice is hereby given that a public hearing will be held pursuant to ORS
576.416 (5), on Wednesday, June 15, 2016, at 7:00 a.m., at the Elmer’s
Restaurant, 2802 Santiam Hwy SE, Albany, Oregon. First item will be upon
a proposal to increase the assessment due the Commission on Oregon-
grown ryegrass seed from 12¢/cwt to 15¢/cwt to take effect beginning July
1, 2016. The second item will be upon a proposed budget for operation
of the Oregon Ryegrass Growers Seed Commission during the fiscal year
July 1, 2016 through June 30, 2017. At this hearing any producer of
Oregon-grown Ryegrass seed has a right to be heard with respect to the
proposed assessment increase and with respect to the proposed budget, a
copy of which is available for public inspection, under reasonable
circumstances, in the office of each County Extension Agent in Oregon.
Interested persons may comment on the proposed rulemaking procedure
or budget in writing to the Commission business office, address below.
Comments to be received by 3:00 p.m., May 31, 2016. For further
information, contact the Oregon Ryegrass Growers Seed Commission
business office, PO Box 3366, Salem, Oregon 97302, telephone 503-364-
2944. The meeting location is accessible to persons with disabilities. Please
make any request for an interpreter for the hearing impaired or for other
accommodations for persons with disabilities at least 48 hours before the
meeting be contacting the Commission office at 503-364-2944.
19-1/#4
The co-ops have worked
together informally for a
number of years, she said,
including supporting each
other in processing and
marketing milk to Oregon
and Southwest Washington
customers.
Taydas declined to an-
swer additional questions,
such as the fate of FCC and
what motivated the agree-
ment.
The CEO of FCC, Mi-
chael Anderson, did not
respond to a pair of phone
messages.
FCC has approximate-
ly 60 members and sells
a majority of their milk
to bottling plants in the
Portland market, Taydas
said.
NDA’s Darigold mem-
bership includes about 460
Pacific Northwest dairy
farms.
The co-op was found-
ed in 1918 and has pro-
cessing plants in Port-
land
and
10
other
locations.
A large Chilean fruit com-
pany is expanding its U.S.
operations with the purchase
of property in Oregon and
a merger with a Califor-
nia-based berry producer.
Hortifrut of Santiago,
Chile, which last year sold
roughly $350 million in ber-
ries globally, recently an-
nounced the upcoming merger
with Munger Bros. of Delano,
Calif., which has more than
3,000 acres in Washington,
Oregon, California, British
Columbia and Mexico.
Details of the agreement
were not disclosed and the
deal is subject to “various
conditions,” including due
diligence and shareholder ap-
proval.
The two firms, which are
currently partners in the Natu-
ripe Farms marketing organi-
zation, expect to complete the
merger this summer.
Hortifrut also recently
bought eight parcels totaling
more than 550 acres near For-
est Grove, Ore., for $11 mil-
lion from the Glenn Walters
Nursery.
Bob Hawk, president and
CEO of Munger Bros., said
he’s not prepared to make a
public statement about plans
for the property, which is still
being evaluated.
“We found it to be a good
investment opportunity,” he
said. “There’s no short-term
plan to begin planting any-
thing at this point in time.”
For the past 15 years or
so, berry production has be-
come increasingly globalized
as farmers seek to diversify
their holdings, said Bernadine
Strik, berry specialist with
Oregon State University Ex-
tension.
Growing numerous types
and cultivars of berries across
different geographies allows
companies to supply grocers
with fresh fruit for longer pe-
riods of time, even throughout
the year if they own properties
in the Northern and Southern
Hemispheres, she said.
Such diversification also
helps mitigate risk, Strik said.
“If there’s a climate event or
pest problem in one region,
and that’s the only region
where you grow, it hits harder
economically.”
Before its recent acqui-
sitions, Hortifrut had nearly
3,200 acres in production in
Chile, Brazil, Mexico and
Spain, with about 80 percent
of that acreage in blueberries
and the remainder in raspber-
ries, blackberries, strawber-
ries and cherries, according to
its 2015 financial report.
The company also sources
berries grown by about 700
suppliers in various countries
where it has operations.
About 60 percent of the
company’s revenues are gen-
erated in North America, 25
percent are generated in Eu-
rope and the remaining 15
percent come from Asia and
South America.