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10 CapitalPress.com May 12, 2017 Oregon Appeals court rules there are Revived bull trout lawsuit seeks grazing prohibition limits to ESA protections By MATEUSZ PERKOWSKI Area in detail Capital Press Whitebark pine faces threats from disease, insects, fi re suppression ORE. decided the agency wasn’t re- quired to “provide a detailed, individualized explanation for each species” whose list- ing precluded protection for whitebark pine. “We decline to impose such a burdensome require- ment, which would divert scarce agency resources to writing justifi cations rather than studying the pertinent sciences, species, and ecosys- tems,” the ruling said. Even so, the 9th Circuit judges said that “vigorous advocacy for this imperiled species is laudable” and that they can appreciate the plain- tiffs’ “frustration with the slow-moving ESA process.” “Despite its best efforts, FWS’s ability to protect spe- cies through the ESA is limit- ed by practical realities,” the ruling said. Whitebark pine are being killed by a disease, white pine blister rust, as well as an in- sect, the mountain pine bee- tle, according to the Fish and Wildlife Service. Meanwhile, other species of trees have crowded out whitebark pine due to fi re sup- pression efforts over the past century, the agency said. MALHEUR NATIONAL FOREST Courtesy U.S. Fish and Wildlife Service The bull trout is listed as threatened under the federal Endangered Species Act. trouble in these two water- sheds,” said Mac Lacy, attor- ney for ONDA. “We are at an important point here. Immedi- ate action is needed to stave off that damage.” Trampling by cattle erodes soil along streams, harming bull trout egg nests, as well as widening river channels and reducing vegetation, which raises water temperatures to the detriment of fi sh, the plaintiffs claim. Bull trout were listed as a threatened species nearly two decades ago, resulting in pro- tections for their in-stream hab- itats across the Northwest. “On-the-ground conditions are relevant to the Forest Ser- vice’s decision-making, or they should be,” Lacy said. However, only about 50 bull trout inhabit each of the two rivers in question, which shows the Forest Service’s approach isn’t working, he said. “The populations them- selves are dropping precipi- tously,” Lacy said. The bull trout’s fortunes have continued to decline even though the agency reports that MALHEUR R. A stand of whitebark pine grows near Crater Lake in Oregon. The 9th U.S. Circuit Court of Appeals has ruled that federal offi cials lawfully decided that Endangered Species Act protection for the tree was “warranted but precluded” by other priorities. 26 GRANT ur Richard Sniezko/U.S. Forest Service BAKER e Mal h Whitebark pine was law- fully denied Endangered Spe- cies Act protection despite facing the danger of extinc- tion, according to a federal appeals court. The U.S. Fish and Wildlife Service properly concluded that ESA protection for the tree was “warranted but pre- cluded” by proposed listings for other species, the 9th U.S. Circuit Court of Appeals has ruled. The Wildwest Institute and the Alliance for the Wild Rockies fi led a lawsuit argu- ing the decision was arbitrary and capricious because the agency had considered white- bark pine a high priority for listing. The 9th Circuit has reject- ed this argument, ruling that the Fish and Wildlife Service was allowed to consider oth- er factors beyond the “listing priority number,” or LPN, of a species in reaching the con- clusion that ESA protection was “warranted but preclud- ed.” The language of the ESA makes clear the LPN “ranking system is just one tool used to identify priorities for list- ing,” the 9th Circuit said, up- holding an earlier decision by Chief Judge Dana Christensen of the U.S. District Court of Montana. “Congress and FWS en- shrined fl exibility into the system so that the responsible agency could make the most effi cient and effective use of its resources,” according to the 9th Circuit’s opinion. The appellate court also Unity Prairie City N.F. Capital Press 26 ur River M a l he By MATEUSZ PERKOWSKI PORTLAND — A long- standing dispute over cattle impacts on bull trout has been roused from dormancy, with two environmental groups seeking an order prohibiting grazing along two Eastern Or- egon rivers. The Oregon Natural Desert Association and the Center for Biological Diversity initially fi led a complaint challenging federal grazing authorizations along the Malheur and North Fork Malheur rivers in 2003. That lawsuit was combined with two later grazing cases that were eventually closed, but the environmental groups were unable to settle the original liti- gation with the U.S. Forest Ser- vice and the affected ranchers. During oral arguments on May 5, the plaintiffs asked U.S. Magistrate Judge Paul Papak to declare that grazing authoriza- tions in seven allotments of the Malheur National Forest violat- ed the National Forest Manage- ment Act and the National Wild and Scenic Rivers Act. “The bull trout is in serious Bull trout habitat HARNEY Juntura N 20 10 miles Alan Kenaga/Capital Press conditions are improving, he said. The Forest Service bases this conclusion on proxy mea- surements, such as stubble height and stream bank alter- ation, Lacy said. Meanwhile, the areas con- tinue to fall short of the actual “riparian management objec- tives” that are integral for fi sh recovery, he said. Aviation fi eld day introduces sixth-graders to ag-related careers By SEAN ELLIS Capital Press ONTARIO, Ore. — Every sixth-grader in Malheur Coun- ty was introduced to the local- ly available ag-related careers involving aviation during a May 4 fi eld day at the Ontario Municipal Airport. About 400 students got a chance to learn about aviation, speak with pilots who fl y heli- copters and airplanes to spray farm fi elds, and experience fl ying using virtual reality goggles. They also learned about some of the locally available jobs centered around aviation, including crop duster pilots and associated engineering jobs. “We really want to get the kids thinking about the careers available locally, including ca- reers in agriculture, and keep them in our community,” said event organizer Barbara Bro- dy, Oregon State University’s local 4-H coordinator. She said 4-H did a com- munity needs assessment fi ve years ago and found that many kids did not know what careers are available in the area, which is heavily agricultural. Brody began working with Frazier Aviation to expose kids to some of the jobs available locally and has recently part- nered with Treasure Valley Community College, one of the few colleges in the nation where people can obtain an ag applicator license. Part of the fi eld day in- volved teaching the students about agriculture, which drives the local economy. “A lot of these kids are not aware of what our local farm- ers do so it was a great way to expose them to the ag indus- try,” Brody said. In this area, farming and aviation go hand-in-hand, said Tommy Frazier, owner of Fra- zier Aviation. Three ag applicators are based at the airport, a lot of area ranchers utilize helicop- ters in their operations and employees of many of the re- gion’s biggest farm companies regularly fl y in and out of the area, he said. Careers in aviation and associated industries, such as drones, are going to expand in the near future, Frazier said, and TVCC’s aviation program will allow local residents to participate in those careers. “There are going to be some excellent opportunities here locally,” he said. “And those kids are not going to have to go out of state to do that. They can do it right here.” Aviation has always been a career that many people want to be in but are not sure how to go about getting into, said Paul McAlvain, president of Pauly’s Helicopter Services. McAlvain spent the fi eld day showing kids his heli- copter and explaining how the boom attached to it is used to apply chemicals to farm fi elds. Find the Cream of the Crop... Place your help wanted ad in Capital Press. 1.800.882.6789 www.cpmarketplace.com 19-2/#13 19-1/#6