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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.
Jeannette and other fami-
ly members will carry on the
business.
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