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May 26, 2017 CapitalPress.com Critics claim liability bill would banish GMOs from Oregon 5 11 Burlington 20 538 La Conner it River Mt. Vernon By MATEUSZ PERKOWSKI 534 Island Swinomish Reservation Camano Island Proposal would hold biotech patent holders liable for unwanted presence 5 N 2 miles Alan Kenaga/Capital Press Puget Sound tribe’s proposal alarms farmers By DON JENKINS Capital Press The Puget Sound tribe that led What’s Upstream proposes to broaden its jurisdiction in the fertile Skagit Valley, alarm- ing farmers wary of the tribe’s goals. The Swinomish Indian tribe announced Wednesday that its members have approved amending the tribe’s consti- tution to erase references to reservation boundaries set in 1873. The tribe proposes that its jurisdiction extend beyond its 7,000-acre reservation to the “tribe’s usual and accustomed fi shing grounds and stations and all open and unclaimed lands.” The Bureau of Indian Af- fairs approved the wording of the constitutional change, which still must be approved by Interior Secretary Ryan Zinke. Skagit County commissioners, who say the tribe is apparently trying to extend political con- trol over much of the county, have pledged to challenge the tribe all the way to the U.S. Su- preme Court, if necessary. Farmers say they’re con- cerned that the tribe wants to curtail agriculture in a valley where the federal government has already breached dikes to turn farmland into fi sh habitat. “A lot of it is the uncertainty. The tribe won’t say what its in- tentions are. What is the goal?” said dairy farmer Jason Vander Kooy, director of Skagit Family Farmers. The newly launched group stems from Save Family Farm- ing, which formed last year to answer claims by What’s Up- stream. The media campaign, organized by the tribe and fund- ed by the Environmental Pro- tection Agency, accused farm- ers of polluting Puget Sound and advocated stricter limits on farming near water. The cam- paign angered some federal lawmakers, but was cleared of illegal lobbying by the EPA’s inspector general. Efforts to reach tribal offi - cials were unsuccessful. The tribe has accused county of- fi cials of over-reacting in the past, saying the tribe must follow federal laws. The BIA told county commissioners in a recent letter that changing the tribe’s constitution will not ex- pand the reservation. In an explanation posted on its website, the tribe said redefi ning its jurisdiction will position it to take advantage of congressional actions or court rulings. “By describing our jurisdiction broadly, the Tribe will ensure that its Constitution is a ‘living, fl exible’ document that is able to change as federal law changes,” according to the statement. “It seems like the tribe’s goal is to be in control of more land and water. If that happens, it’s going to affect agriculture,” Skagit County Farm Bureau President Bill Schmidt said. “It’s hard to realize sometimes that it’s incremental. ... I think it’s a step progression, and the fi rst step is to acquire more land and authority.” County commissioners sent a letter to Zinke last week urg- ing him to deny the tribe’s re- quest and stating the county’s relationship with the tribe has been marked by “constant lit- igation and pernicious confl ict over land use, agriculture, wa- ter rights, taxation and many other issues.” Capital Press SALEM — A bill impos- ing new fi nancial liability on biotech patent holders in Or- egon would effectively banish genetically engineered crops from the state, opponents claim. Under House Bill 2739, biotech patent holders would be liable for triple the eco- nomic damages caused by the unwanted presence of geneti- cally modifi ed organisms, or GMOs. The bill is now before the House Rules Commit- tee, which is considering an amendment clarifying when landowners can fi le lawsuits over GMOs on their property and the defenses available to patent holders, among other provisions. Sean Ellis/Capital Press File Malheur County farmer Jerry Erstrom points out a genetically en- gineered creeping bentgrass plant June 14, 2016, on an irrigation ditch bank near Ontario, Ore. The grass, which was genetically modifi ed by Scotts Miracle-Gro Co. to resist the Roundup weed killer, escaped from fi eld trials in 2003 and has taken root in Malheur and Jefferson counties in Oregon and part of Canyon County in Idaho. Oregon lawmakers are considering a bill imposing legal liability on biotech patent holders for unwanted presence of genetically engineered crops. The amendment would also ensure that patent hold- ers cannot transfer liability to farmers who cultivate GMOs, though they could transfer lia- bility to seed companies. “It’s putting the onus on the producers and people who sell these crops rather that grow them,” said Amy van Saun, an attorney with the Center for Food Safety, a non- profi t that supports HB 2739. By making patent holders liable for unwanted GMO presence — either through cross-pollination or seed dispersal — the bill reduc- es potential confl icts among farmers, said Elise Higley, executive director of the Our Family Farms Coalition, which supports HB 2739. “We don’t believe the GE farmer should be held respon- sible when they follow all the rules,” Higley said during a May 23 legislative hearing. Biotech crops have “trac- er genes” to identify patent holders, eliminating confu- sion about the source of an unwanted GMO, she said. “There’s no arguing about it. It’s just black-and-white sci- ence.” Critics of HB 2739 believe the underlying goal of the proposal is to stop production of GMOs in Oregon. For developers of genet- ically engineered crops, the risk of lawsuits would likely outweigh the benefi ts of li- censing biotech traits to grow- ers in the state, opponents say. “If this bill passes, those seed companies may stop sell- ing to Oregon completely,” said Shelly Boshart-Davis, whose family plants geneti- cally engineered alfalfa be- tween rows of hazelnut trees. Likewise, Oregon State University breeders would be reluctant to use new gene editing techniques due to the fi nancial risks of licensing the resulting crop varieties, said Dan Arp, dean of OSU’s Col- lege of Agricultural Sciences. “As the patent holder, we would be liable for the judg- ment,” Arp said. The bill was subject to sharp questioning by several Republican lawmakers, but the committee’s chairwoman, Jennifer Williamson, D-Port- land, ended the hearing with- out any remarks about HB 2739’s future, such as a pos- sible work session. In April, the House Judi- ciary Committee moved the bill without recommendation to the House Rules Commit- tee, where it’s not subject to the same legislative deadlines as in other committees. EO Media Group assumes management of Northwest Ag Show EO Media Group, the par- ent company of the Capital Press, has assumed manage- ment of the Northwest Agri- cultural Show from Amy and Mike Patrick. The Patricks, and Amy’s parents, Jim and Shirley Heater, have guided the show for 48 years. “It is with great confi- dence that Mike and I tran- sition the event to EO Me- dia Group,” Amy Patrick said. “I believe they have a broad range of resources that can bolster and improve the show, taking it to its 50th an- niversary and beyond.” Joe Beach, editor and publisher of the Capital Press, praised the family’s management of the show. “The Heater family built the Northwest Ag Show into an Oregon institution. In no small measure the family is the show,” he said. “As a family business ourselves, we have a particular appre- ciation for the responsibility we have to maintain what they have created. We are happy that the Patricks and the Heaters are working with us on the 2018 show to en- sure a smooth transition.” Amy Patrick has agreed to help EO Media Group through the transition period to maintain continuity. Jim Heater, show founder and longtime manager, will con- tinue to work with the show and provide the move-in/ move-out services for exhib- itors. The 49th annual North- west Agricultural Show will Courtesy of the Northwest Ag Show Visitors check out the latest in agricultural equipment and implements at the Northwest Ag Show at the Portland Expo Center. EO Media Group, the parent company of the Capital Press, has assumed management of the Northwest Agricultural Show from Amy and Mike Patrick. take place Jan. 30 through Feb. 1, 2018, at the Portland Expo Center. Beach said the Capital Press has had close ties with both the show and its exhib- itors for years, so when the show became available it seemed like a natural fit. “We’re new to the show business,” Beach said, “but we bring a fair amount of promotional and manage- ment expertise to the ven- ture, and have some excit- ing ideas about how we can build on the show’s past suc- cesses.” Patrick reflected on her long association with the show. “It has been my pleasure to work with so many great exhibitors during my time as manager of the Northwest Agricultural Show,” she said. “The show holds a spe- cial place in my heart after growing up with the event and learning the ropes from my parents. As I move on to other career ventures, I will continue to be supportive and interested in the event; the exhibitors truly became like an extended family to me.” NEW ITEMS! 1 1 ⁄ 2 QT. BASKETS and (3) PINT TRAYS 503-588-8313 2561 Pringle Rd. SE Salem, OR Call for Pricing. Subject to stock on hand. 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