April 14, 2017 CapitalPress.com 3 Dreary spring slows Oregon farmers, crops, insects By MATEUSZ PERKOWSKI Capital Press Low temperatures have slowed the growth of Oregon’s crops this spring, at least com- pared to recent years, while high moisture levels have im- peded the state’s farmers. Crop development in the Willamette Valley, for exam- ple, is roughly a month behind 2016 and 2015, according to “degree day” data compiled by Oregon State University. Degree days represent the accumulated average daily temperatures above a certain threshold — 41 degrees Fahr- enheit for many crops — nec- essary for plant growth. However, crop develop- ment in 2017 is actually close to the usual average. The pre- vious two springs were simply much warmer than typical, ac- cording to OSU. “Even though it’s been quite cool compared to the last couple years, we’re still around the 30-year normal,” said Len Coop, associate di- rector of OSU’s Integrated Plant Protection Center. Meanwhile, precipitation across Oregon has been 20 to 47 percent above average during the current water year, which began last autumn, ac- cording to USDA’s Natural Resources Conservation Ser- vice. Saturated soils have pre- vented farmers from applying fertilizers and pesticides or planting vegetables and other annual crops, experts say. “You’ve got this compli- cation of all the work backing up,” said Tom Peerbolt, a ber- ry crop consultant and found- er of Peerbolt Crop Manage- ment. Soggy ground and strong winds knocked over a large oak tree at a ranch near Elkton, Ore., killing two cows owned by Ed Cooley. Cooley said he realized something had gone wrong when his electric fence failed, which led him to the fallen tree and fi ve cows trapped beneath. While two were crushed to death, Cooley managed to res- cue the other three by remov- ing limbs with a chain saw. “The cows were pretty calm about it,” he said. Plentiful rainfall tends to Agritourism bill makes trip through Washington Legislature Measure to provide defense against lawsuits still speculative at this point, said Peerbolt. Dampness is also condu- cive to mummy berry, a fun- gal disease, which is tough to combat with fungicides when windows of appropriate spray- ing weather are scarce, he said. “It increases the risks of fungal disease pressure down the road,” Peerbolt said. The pace of fi eld work is sluggish this spring for grow- ers of sweet peas, which could delay planting of other crops, such as corn and green beans, said Dan Fitzner, scheduling manager for the NORPAC food processing cooperative. If NORPAC’s processing volume is dominated by sweet peas, that prevents the com- pany from switching to those other crops, he said. Effec- tively, that means planting of other crops must be delayed or Capital Press By MATEUSZ PERKOWSKI Capital Press Courtesy of Huffman Farms/Rachel Smith Photography A child surveys the pumpkin patch at Huffman Farms in Ellensburg, Wash. A bill to shield farmers and ranchers with agritourist attrac- tions from liability lawsuits is moving through the state Legislature. ROP-40-42-4/#17 ses Lake, who introduced bills in their respective chambers. The Washington State As- sociation for Justice, a trade group of plaintiff attorneys, ini- tially opposed the measure. The opposition softened, however. The bill was amended to strip farmers of protection if they “knowingly” allow in someone under the infl uence of alcohol or drugs. The Washington Farm Bu- reau said that added a require- ment not found in other states. Huffman said she is con- cerned about enforcing it. “My top employees are my 12- and 14-year-old kids and my 68- and 69-year-old parents,” she said. The lawyers’ lobbyist, Larry Shannon, said agritourism op- erators will have to watch for visitors overtly intoxicated or drugged, but they won’t have to study up on detecting substance abuse. “We thought it was actually a good, solid compromise,” he said. The Farm Bureau’s director of government relations, Tom Davis, said the bill still should help agritourism, including with buying liability insurance. “The general consensus is the bill still represents an improve- ment over current law,” he said. “I’ll take what I can get,” Huffman said. “I feel like this is the beginning of good momen- tum for agritourism.” Jewell, the county commis- sioner, said agritourism can help counties preserve open spaces. “Under the state’s Growth Management Act requirements, there are very limited opportu- nities in many rural areas for economic development and this represents one that is becoming more valuable,” he said. Shannon said that he’s a city resident who enjoys agritourist outings with his family. “I appreciate the spirit they had coming forward with this bill,” he said. “I think it will do what they want it to do.” The bill passed the House 96-0 on April 7 and the Senate 42-6 last month. Minor differ- ences in the bill must be recon- ciled before it’s delivered to the governor. acreage of sweet peas must be decreased. “It could be a problem if it keeps up like this,” he said. Some Oregon crops can benefi t from the dreary spring. Perennial ryegrass, a major seed crop in the Willamette Valley, generally performs bet- ter in cooler, wetter weather, said Tom Chastain, an OSU seed crop physiology profes- sor. Rust disease tends to be more problematic on perennial ryegrass and tall fescue — an- other common grass seed crop — during warmer and drier springs, since the reproductive cycle of the fungus is acceler- ated, Chastain said. However, annual ryegrass, which is generally planted in poorly drained soils, won’t be helped by the generous rain- fall, he said. Irrigators fi le lawsuit over Klamath refuge restrictions Complaint alleges management plans will take land out of farming By DON JENKINS OLYMPIA — Farmers and ranchers with agritourist at- tractions will be shielded from lawsuits by injured visitors un- der legislation backed by the Washington state Senate and House and even accepted by trial lawyers. Both chambers have passed similar versions of Senate Bill 5808, which is patterned after laws in many other states. The measure would allow farm- ers to guard against lawsuits by posting a carefully scripted sign warning visitors that they are assuming the risk of being around farm equipment and an- imals. “I’m very excited. I’m go- ing to sleep better at night.” Ellensburg pumpkin farmer and agritourist operator Hilary Huffman said Tuesday. “Fortu- nately, I haven’t been sued. But my attorney says it’s a matter of when, not if.” The bill will apply to farm- ers and ranchers who host events and have activities such as hay rides, corn mazes and petting zoos. Agritourist oper- ators say they caution visitors to be careful, but not everyone heeds the warning. “What we can’t do is always cause an adult to act like one,” said Snohomish producer Keith Stocker, whose family farm has changed over the past century from dairy to truck farm to ag- ritourism. “We host tens of thousands on our farm every year, and it exposes us to a variety of inter- esting characters,” he said. Lawsuits have apparently not been a widespread problem for agritourist operators around the country, though an Olympia farmer said he was sued and settled with a man who slipped in the mud and was severely injured. Huffman said she learned about laws in other states at an agritourism conference, where lawsuits were the number one concern. She brought the idea to Kitti- tas County Commissioner Paul Jewell, who relayed it to Rep. Matt Manweller, R-Ellensburg, and Sen. Judy Warnick, R-Mo- encourage fungal diseases like scab in apples, but low tem- peratures suppress the emer- gence of pests, such as the spotted wing drosophila and brown marmorated stink bug, said Coop. The spotted wing drosoph- ila needs a higher tempera- ture threshold — 50 degrees Fahrenheit — to develop than many crops, so right now, the insect’s populations are lag- ging plant growth, he said. The pest would still be at a disadvantage if the weath- er quickly shifts to being hot and dry, but mild temperatures would allow it to thrive, Coop said. “They could catch up later on,” he said. Rainy weather during blue- berry bloom reduces bee ac- tivity, which could hurt polli- nation, though the problem is Multiple irrigators claim the federal government’s plans for two Klamath-area national wildlife refuges unlawfully re- strict farmed acres and agricul- tural practices. In the fi nal days of the Obama administration, the U.S. Fish and Wildlife Service is- sued plans for managing sever- al refuges in the Klamath basin over the next 15 years. The Tulelake Irrigation District, Klamath Water Users Association, Tulelake Growers Association and three private farms have now fi led a com- plaint against the agency, argu- ing that plans for the Tule Lake and Lower Klamath refuges violate federal laws. The plaintiffs have asked a federal judge to overturn the management plans and impose an injunction against the farm- ing restrictions. “The likely effects of this shift in management will be noxious weed growth on fal- lowed or non-irrigated lands, wind erosion of dry topsoils, as well as detrimental social, and economic effects, all without any benefi t to migrating water- fowl,” the complaint said. “Fur- ther, it would be false to assume that less agriculture will result Area in detail 62 97 Upper Klamath Lake 140 Klamath Falls h R Kla ma t Some crops, such as perennial ryegrass, benefi t from cool, wet weather 66 Lower Klamath 140 National Wildlife Reserve Ore. Ore. Calif. Tulelake 97 Tule Lake National Wildlife Reserve KLAMATH NATIONAL FOREST 139 LAVA BEDS NAT’L MON. N 10 miles Alan Kenaga/Capital Press in more water for waterfowl or wetland habitat. Indeed, the approximate is true: less agri- culture will result in less wa- ter, more noxious weeds, less wetland habitat, and less food resources for waterfowl.” Capital Press was unable to reach a representative of the U.S. Fish and Wildlife Service as of press time. National wildlife refuges in the region have long been leased for agricultural produc- tion, allowing farmers without land of their own to plant crops and expand their businesses, according to plaintiffs. Farmers leave a portion of grain crops for waterfowl to eat and cooperate with scientists to develop innovative “wild- life-friendly farming practices” on the leased refuge acres, the complaint said. Under the management plans issued in January, grow- ers leasing land in the Tule Lake and Lower Klamath ref- uges would be subject to nu- merous stipulations, such as prohibitions on post-harvest fi eld work and genetically en- gineered crops, the complaint said. The government plans also to restrict alfalfa harvests, re- quire farmland to be fl ooded over winter and disallow haz- ing of waterfowl during tilling and planting in late winter and early spring, the plaintiffs al- lege. “These stipulations would or may reduce agricultural acre- age and increase the number of unharvested acres of land that remain in agriculture, as well as impair the ability to productive- ly farm on the lease lands,” the complaint said. According to the plaintiffs, these plans violate legislation passed by Congress in 1964, known as the Kuchel Act, which requires the Fish and Wildlife Service to “continue the present pattern of leasing” of property within the refuges. The lawsuit also claims the government insuffi ciently stud- ied the “direct and indirect ad- verse environmental effects” of the restrictions, while failing to show they actually helped wa- terfowl. Aside from the irrigators’ complaint, the U.S. Fish and Wildife Service is also contend- ing with a lawsuit fi led by en- vironmentalists who claim the agency unlawfully lets farmers use pesticides on leased refuge acres.