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July 29, 2016 CapitalPress.com 3 Wolfpack reaches three confi rmed kills, three probable Capital Press If wolves in the Profanity Peak pack are confi rmed to kill livestock one more time, the state’s Washington De- partment of Fish and Wildlife will begin considering killing problem wolves in the pack. Area in WASH. detail 21 COLVILLE NAT’L FOR. 395 25 Republic 20 FERRY Colville Approximate site of Profanity Peak wolfpack 395 COLLVILLE CONFEDERATED 21 TRIBES um bia River By MATTHEW WEAVER The department investi- gated a calf carcass July 21 in the Profanity Peak pack area and classifi ed it as a “proba- ble” wolf kill. A calf carcass investigated July 23 was ruled a “confi rmed” wolf kill. These bring the Profanity Peak pack to three confi rmed livestock kills and three prob- able kills. Under the state wolf plan, the department considers killing problem pack wolves after four con- fi rmed livestock kills. “We’re going to continue monitoring the area, working with the producer to continue with the deterrence measures that are in place,” said Donny C ol Aff ected ranchers meeting department expectations, offi cial says STEVENS 25 N Capital Press graphic Martorello, wolf policy lead for the agency. If a fourth kill is confi rmed and the rancher has met deter- rence expectations, WDFW Director Jim Unsworth would begin considering killing wolves in the pack. “We’re hoping no more livestock are attacked, but if that outcome does happen and those expectations are met, we can look to the director for a decision or authorization of lethal removal and initiate that in a timely manner,” Mar- torello said. The department is plan- ning so that there would not be a big delay after authoriza- tion, Martorello said. Two ranchers have been affected by the livestock loss- es. They have met the depart- ment’s expectations for pro- active measures to deter the wolves and are ramping up activities in response to the recent depredations, includ- ing the use of range riders, Martorello said. “If we have another con- fi rmed depredation event by wolves and we have those things in place, that’s a cue to us that those deterrence measures have failed to stop repeated depredations,” Mar- torello said. The department believes the Profanity Peak pack has 11 wolves. Martorello said the department is not setting a specifi c number to remove that it will share publicly until after the action is completed. Doing so creates an expec- tation that a set number of wolves will be killed, he said. “The reality is that we have to be able to fi nd wolves to get to wolves, and that’s not always a guarantee,” he said. “We don’t start at full pack removal.” The department would determine if the attacks stop after killing several wolves in the pack, Martorello said. The department updated a chronology of the Profanity Peak’s activities on its web- site. Cities pan county’s bid to change zoning of ag land By ERIC MORTENSON Capital Press USDA photo by Ken Hammond The Jamie L. Whitten Federal Building houses the U.S. Depart- ment of Agriculture in Washington, D.C. A lawsuit that accused the USDA of censoring its scientists in violation of their free speech rights has been dismissed by a federal judge. Lawsuit charging USDA censorship gets dismissed Complaint accused USDA of muzzling its scientists By MATEUSZ PERKOWSKI Capital Press A lawsuit that accused the USDA of censoring its scientists in violation of their free speech rights has been dismissed by a federal judge. Last year, the nonprofit Public Employees for En- vironmental Responsibility, or PEER, filed a complaint claiming that USDA’s “sci- entific integrity policy” unconstitutionally muzzled scientists to appease “cor- porate stakeholders.” The USDA policy, issued in 2013, states that “scien- tists should refrain from making statements that could be construed as being judgments of or recommen- dations on USDA or any other federal government policy, either intentionally or inadvertently.” According to PEER, the policy effectively prohibit- ed USDA researchers from making public statements about controversial sub- jects, stifling scientific dis- course about agriculture. Specifically, the com- plaint pointed to Jonathan Lundgren, an entomologist for USDA’s Agricultural Research Service, who was prevented from speaking publicly about certain sub- jects. For example, USDA barred Lundgren from speaking to the media about the impact on non-target insects from crops that are genetically engineered to have pesticidal qualities, the complaint said. The agency also did not allow Lundgren to publish a study about trends in bio- technology and U.S. biofuel policies, according to the lawsuit. PEER asked a federal judge to void the “scientific integrity policy” because it violates the U.S. Constitu- tion and administrative laws that require public notice and comment. However, U.S. District Judge Christopher Cooper has thrown out the lawsuit because Lundgren has quit the USDA since the law- suit was filed, which means PEER no longer has the le- gal standing to challenge the agency’s policy in court. “At a minimum, what PEER must show is that at least one of its members is a USDA employee, subject to the policy, who is suffer- ing or will in the near future suffer some injury as a re- sult of the policy,” Cooper said. Unless the nonprofit identifies such an employee and revises its complaint, the harm to PEER is merely speculative, he said. Jeff Ruch, PEER’s ex- ecutive director, said that it may be able to identify another USDA employee affected by the policy but naming the person publicly would be problematic due to the potential for retaliation. “We wouldn’t advise them to do it unless they feel like they have nothing to lose,” Ruch said. The agency’s policy hasn’t improved scientif- ic integrity but it has “in- creased paranoia” and effec- tively serves as a gag order on research that may affect federal policy, he said. Lundgren, who now heads the Ecdysis Founda- tion research nonprofit, said the policy impedes scien- tists from interpreting study results and putting them into context for the public. There are other USDA scientists who are “fed up” with the policy, but many fear speaking out against it, he said. “You’re throwing away a potentially long-term ca- reer with the agency if you challenge this,” Lundgren said. A spokesperson for USDA said the integrity of its research is “paramount” to instilling confidence in the agency among poli- cy-makers, the public and the scientific community. “For these reasons, USDA has put in place a strong scientific integrity policy to promote a culture of excellence and transpar- ency, including procedures for staff to report any per- ceived interference with their work, seek resolution, and receive protection from recourse for doing so. We stand by our policy,” the spokesperson said in an email. WILSONVILLE, Ore. — Clackamas County’s bid to review the status of three land parcels now set aside for agriculture is a concern to farm groups, and the cit- ies that would have to service new development aren’t hot for the idea either. Charlotte Lehan, a former county commissioner, former Wilsonville mayor and now member of the city council, said it would be “very diffi - cult and very expensive” for the city to provide water and sewer to new development south of the Willamette Riv- er. She said development in the area Clackamas Coun- ty seeks to review would increase congestion on the Boone Bridge, which car- ries Interstate 5 traffi c across the river. She said a clogged bridge would be “disastrous” for the city. “I-5 is Wilsonville’s life- line,” she said. “When the Boone Bridge isn’t working, nothing works. We have to protect the functionality of Interstate 5.” The arguments back and forth are part of a long-run- ning disconnect over Or- egon’s unusual statewide land-use planning system, which was designed to pro- tect farm and forest land from urban sprawl. Under the sys- tem, cities are held in check by urban growth boundaries that can be amended in a con- trolled manner. But develop- ment pressure at the edges of cities remains a continuing issue all over the state. In the Portland area, land- use planning for Clackamas, Multnomah and Washington counties is done by Metro, which has an elected board. Seeking to end ceaseless ar- guments, the counties and Metro agreed to a system of urban and rural reserves that was intended to set growth patterns for 50 years. Clackamas County’s Board of Commissioners now wants to know whether three areas south and south- east of the Portland urban center, previously set aside as rural reserves and thus open to farming, would be more benefi cial as “employment lands.” The county commission- ers cite a study by a consult- ing fi rm, Johnson Economics and Mackenzie, that said the county is short between 329 and 934 acres of industrial land and up to 246 acres of commercial land, an overall shortage of up to 1,180 acres over the next 20 years. A majority of the com- missioners want to review the status of 800 acres south of the city of Wilsonville; 400 acres adjacent to the urban growth boundary of the city of Canby; and 425 acres south of the Clacka- mas River along Springwa- ter Road, outside Estacada. County officials believe the land should revert to “un- designated” rather than rural reserves. County officials have dismissed concerns as over- wrought. They point out that any land-use change would take years to accomplish and would be subject to legal re- view or appeal. Nonetheless, the pro- posal has reopened a can of worms. Friends of French Prairie, a farming advocacy group, maintains that allow- Eric Mortenson/Capital Press Producers south of Wilsonville, Ore., grow nursery crops, Christmas trees, berries, vegetables and grain. Clackamas County commissioners, seeking more industrial and commercial land, want to review land-use designations in the area. ing development to jump across the Willamette River south of Wilsonville would crack open the state’s prime agricultural areas. In a guest editorial written for the Capital Press, Friends of French Prairie President Ben Williams questioned the validity of the county’s em- ployment lands report and some of the land is owned by people who have contributed heavily to commissioners’ election campaigns. Board members of the Clackamas Soil and Water Conservation District took the unusual step of publicly warning against a land-use change. “The District be- lieves the County’s current initiative to create employ- ment lands may not adequate- ly consider the long-term val- ue of high-value farmland,” the district said in a letter to Clackamas commissioners. “A signifi cant amount of the land proposed for reconsider- ation as employment land is high-value farmland, an irre- placeable natural resource.” LEGAL CHERRY AVENUE STORAGE 2680 Cherry Ave. NE Salem, OR 97301 (503) 399-7454 Sat., August 13th • 10 A.M. • Unit 29 Luis Aguilar • Unit 85 Angela Kinzel • Unit 96 Kimberly Munz • Unit 109 Babette Frutas • Unit 166 Steven Shuck Cherry Avenue Storage reserves the right to refuse any and all bids legal-31-2-1/#4 LEGAL PUBLIC NOTICE The SWCC will hold its regu- lar quarterly meeting on Tuesday, August 16, 2016, from 8:30 a.m. to 12:30 p.m. The regular quarterly meeting will be held at the Hilton Garden Inn Eugene/Spring- field, 3528 Gateway St., Springfield, OR, 97477. The meeting agenda covers SWCC reports, advisor reports, Soil and Water Conservation Dis- trict programs and funding, Agriculture Water Quality Management Program up- dates, and other agenda items. The Oregon Department of Agriculture complies with the Americans with Disabilities Act (ADA). If you need special accommodations to partici- pate in this meeting, please contact Sandi Hiatt at (503) 986-4704, at least 72 hours prior to the meeting. 31-1/#4 Lehan, the Wilsonville council member critical of the land-use review, said her fast-growing city has planned for additional industrial growth in its Coffee Creek and Salt Creek areas, and for residential development in an area called Frog Pond. The city doesn’t need more “em- ployment land,” she said. “I know how develop- ment works and what it takes for a city to support it,” Lehan said. “I’m not an- ti-growth by any means.” Lehan was Clackamas County board chair until de- feated in 2012 by the current board chair, Commissioner John Ludlow, who is often critical of Metro and of Port- land’s influence on its subur- ban neighbors. Canby City Administrator Rick Robinson made a point similar to Lehan’s: the city has an existing industrial park that isn’t full. The 400 acres Clackamas County wants to revert to undesig- nated status is outside the city limits and outside the city’s urban growth bound- ary, he said. Some of it is farmed now, and much of it is Class 1 agricultural soil, he said. Robinson said the Canby City Council hasn’t taken a position on the Clackamas review propos- al. The third area considered by Clackamas County is out- side the city of Estacada. The mayor and city manager were unavailable to discuss the issue. LEGAL Applications sought for the Oregon Forest Resources Institute (OFRI) Board of Directors. Pursuant to OAR 629-065-0400, the purpose of this notice is to solicit applications for the Oregon Forest Resources Institute (OFRI) Board of Directors. Applicants meeting all the qualifications will be maintained on a list to be used by the State Forester for filling existing vacancies and to fill vacancies caused by expiration of an existing member’s term. Each applicant must certify in the application that he/she meets the qualifications for the position. Each “producer” applicant for the board of directors shall have the following qualifications: 1) be a citizen of the United States; 2) be a bona fide resident of this state; 3) be a “producer” in this state, an employee of such a producer or own between 100 and 2,000 acres of forestland in this state on which harvest taxes are paid, but have no direct financial interest in any forest products processing activity; 4) have been actively engaged in producing forest products for a period of at least five years; 5) derive a substantial portion of income from the production of forest products (“substantial portion of income” means that 50 percent or more of the gross income of a member of the board of directors is derived from timber or timber products ownership or affiliation); 6) have demonstrated, through membership in producers’ organizations or organizations representing landowners who meet the requirements of ORS 526.610(4), a profound interest in the development of Oregon’s forest products industry; 7) is available to fulfill the duties and responsibilities of the OFRI Board of Directors; and 8) meets the producer class eligibility requirements for the position to which nominated. Each “employee” applicant shall be: 1) a citizen of the United States; 2) a bona fide resident of this state; and 3) an hourly wage employee of a producer or a person who represents such employees. The “producer” class eligibility requirements are: Class 1 Producers having paid forest products harvest tax on 20 million board feet or less per year in the most recent year preceding the appointment. Class 2 Producers having paid forest products harvest tax on more than 20 million board feet but less than 100 million board feet per year in the most recent year preceding the appointment. Class 3 Producers having paid forest products harvest tax on 100 million board feet or more per year in the most recent year preceding the appointment. Small Woodland Owner An owner of between 100 and 2,000 acres of forestland in this state on which harvest taxes were paid in at least one of the five years preceding the appointment, and who has no direct financial interest in any forest products processing activity. Persons wanting to apply for the OFRI Board of Directors must request application materials from Kathy Storm at OFRI, storm@ofri.org or 971-673-2953. Send completed application packets to the State Forester: Attention Stacy Miller, 2600 State Street, Bldg. B, Salem, Oregon 97310, or via email at stacy.miller@oregon.gov. Applications must be received no later than 5:00 p.m. on August 31, 2016. 31-1/#4