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8 CapitalPress.com December 16, 2016 Washington Ecology backs spraying herbicide in bay Studies show buffers adequate By DON JENKINS Capital Press The Washington Depart- ment of Ecology proposed Wednesday to allow shellfish farmers to continuing spray- ing an herbicide in Willapa Bay for at least two more years to kill non-native eel- grass that smothers commer- cial clam beds. Studies have shown that a 10-meter buffer protects na- tive eelgrass from the herbi- cide, according to Ecology. The proposal represents a victory for shellfish growers in southwestern Washington. The growers have faced op- position from environmental groups over using chemicals in the bay to control Japanese eelgrass, also known as Zos- tera japonica. The grass blocks food from reaching clams and slows wa- ter flows, allowing sediment to collect on clam beds. Ecology issued a permit in 2014 to allow growers to spray imazamox. The permit called for spraying to end in May 2017, unless studies showed the herbicide would not damage the environment. Ecology’s only concern was whether imazamox sprayed into the bay would flow off-site and kill native Don Jenkins/Capital Press Zostera japonica, also known as Japanese eelgrass, covers clam beds in Willapa Bay in southwestern Washington in this 2014 photo. The Washington Department of Ecolo- gy proposes to let shellfish growers continue to spray an herbicide in the bay to kill the grass. eelgrass, Ecology permit writ- er Nathan Lubliner said. Imazamox is “piratically non-toxic” to fish, birds and honeybees, according to an Environmental Protection Agency fact sheet. “None of them should be impacted by the chemical,” Lubliner said. University of Washing- ton researchers studied three 5-acre plots in the bay. Af- ter reviewing the study, the National Oceanic and At- mospheric Administration concurred with Ecology that 10-meter buffers were ade- quate to prevent harm to the native eelgrass. The state Department of Natural Resources and De- partment of Fish and Wild- life suggested studying more sites. Lubliner said Ecology may consider that suggestion when the permit is due to be reviewed in 2019. Ecology will take public comment until Feb. 3 on its proposal to allow spraying to continue. Ecology will hold pub- lic hearings 1 p.m. Jan. 24 at the department’s headquarters in Lacey and at 10 a.m. Jan. 26 at the Willapa Harbor Com- munity Center in South Bend. Apple industry giant Bill Evans dies at 87 By DAN WHEAT Capital Press Courtesy of David Eddy/Western Fruit Grower Magazine Bill and Jeannette Evans, owners of Evans Fruit Co. near Cowiche, Wash., in one of their apple orchards in 2014. WATER COWICHE, Wash. — A man who wasn’t afraid to stand alone against govern- ment and even his own industry at times and who built one of the largest tree fruit companies in Washington, Bill Evans, died of natural causes Dec. 6 at 87 years old. Evans and his wife, Jean- nette, started farming on 10 acres in Naches Heights, near Yakima, in 1949. Over the en- suing decades they acquired more than 9,000 acres of or- chards and packing sheds in Cowiche, Tieton and Yakima. The company grows many apple varieties including a lot of Red Delicious exported to Mexico. More than 30 years ago, Ev- ans was among the first to plant large apple orchards in the Mat- tawa area, which had been con- sidered too hot to grow apples. Evans was very much a hands-on president of Evans Fruit Co. who considered the warehouse and orchard his of- fice and could be found in ei- ther most days overseeing and lending a hand where needed. “He was engaged in issues but didn’t seek the limelight. To him the greatest virtue was hard work,” said Brendan Monahan, Evans’ Yakima attorney of 24 years. “Bill had the courage of his convictions. He was absolute- ly unafraid to stand alone. He didn’t seek conflict but when it came to him he was more than willing to stand on principle even if it meant he was the last man standing,” Monahan said. “I can tell you everybody saw the bold and decisive lead- er that he was but not every- body had the opportunity to see what a humble and kind gentle- man he was,” Monahan said. Christian Schlect, president of the Northwest Horticultural Council in Yakima, said Evans was “a highly respected grower and industry leader.” “He was a wonderful man and successful in building a business from essentially noth- ing into one of the largest pri- vately owned apple orchards in the world,” Schlect said. “He and Jeannette were partners. You can’t speak of him without speaking of her. They were hard workers. A lot of people admired what they did,” Schlect said. Schlect said the entire in- dustry benefited when Evans Fruit pushed back against the Equal Opportunity Employ- ment Commission and against other government agencies. In 2010, the EEOC filed a civil lawsuit against Evans Fruit alleging numerous wom- en farmworkers were sexually harassed over several years. The EEOC won a temporary re- straining order and preliminary injunction against the company and its orchard manager for al- legedly threatening and intimi- dating individuals who assisted in EEOC’s investigation. In 2011, EEOC filed an- other suit alleging retaliation against workers. In 2013, a U.S. District Court jury found the EEOC failed to prove the allegations of sexual harassment in the first suit and a federal judge subse- quently dismissed the second suit. EEOC appealed to the 9th U.S. Circuit Court of Appeals. Evans Fruit was confident it would prevail against the ap- peals but settled by agreeing to pay 20 claimants $272,000 be- cause it cost less than continu- ing litigation, Monahan said at that time. The case was “a colossal failure” for EEOC and North- west Justice Project, Monahan said at the time. In another case, Evans suc- cessfully sued Washington state over a rule it imposed making it a misdemeanor to sell year- old apples. Evans won on con- stitutional grounds in Yakima County Superior Court and the state did not appeal. In 2003, Evans Fruit, Borton & Sons and Washington Fruit & Produce Co. joined together against the rest of the industry as intervenors in a Washington Apple Commission lawsuit. The constitutional validity of commodity commissions such as the Apple Commission to engage in domestic promo- tions was under attack in dif- ferent cases across the nation. At issue was whether manda- tory commodity commission assessments on growers vio- lated their right to free speech. The commission filed a reverse class action suit against its own growers to establish case law that it had the right to make mandatory assessments. Evans, Borton and Washington Fruit and several organic growers in- tervened and prevailed in feder- al court. It resulted in the Apple Commission shutting down domestic promotions, leaving only export promotions, and drastically reducing its size. While Evans felt strongly about those cases and opposed government overreach, he more greatly enjoyed growing, packing and selling his fruit. “He treated people correct- ly and put his heart and soul into his operation,” Schlect said. “He will be missed.” Bill and Jeannette Evans were named apple growers of the year by American Fruit Grower and Western Fruit Grower magazines in 2014. Evans is survived by his wife, Jeannette; children Vic- ki Loges, Julie Martinson and Jon Evans; four grandchildren and four great-grandchildren. He was preceded in death by two sons, Tim Evans and Greg Evans. 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