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September 15, 2017 CapitalPress.com 3 Critics encouraged by ODFW Commission to ‘ag gag’ developments hear wolf plan update Utah decides not to appeal decision; 10th Circuit issues ruling By MATEUSZ PERKOWSKI Capital Press Critics of so-called ag gag laws are encouraged by recent legal developments they be- lieve bolster the argument that prohibiting secret audiovisual recordings is unconstitutional. In one case, attorneys for Utah recently decided not to appeal a July ruling that held free speech rights were vio- lated by a statute that crimi- nalized gaining access under false pretenses to fi lm farm operations. In another case from Wy- oming, the 10th U.S. Circuit Court of Appeals has decided that collecting “resource data” on public land is protected by the U.S. Constitution’s First Amendment. On the political stage, the repeated failure of such laws to pass constitutional muster will probably defl ate future support for similar bills, said Stewart Gollan, an attorney for the Animal Legal Defense Fund, which opposes “ag gag” statutes. “I hope that will give legis- lators pause, given that they’re unlikely to withstand a court challenge,” Gollan said. The Utah Offi ce of the Attorney General refused to comment on its reasons for not appealing the decision, as did an attorney for the Animal Ag- riculture Alliance, an industry group that defended Utah’s statute in a “friend-of-the- court” brief. While the Utah ruling is only binding within that state, the judge’s reasoning can be referenced elsewhere, said Gollan. “I think this decision will be persuasive to other courts.” If the Utah ruling had been challenged and upheld by the 10th Circuit, it would have ef- fectively been the law of the land in the six states under its jurisdiction. “It may not be as strong in terms of precedential value, but we’re still happy with the decision,” Gollan said. Also, the 10th Circuit’s decision in the Wyoming law- suit largely relies on the same legal principles that brought down Utah’s “ag gag” law, he said. Wyoming’s statute dis- allowed collecting resource data — including photograph- ing wildlife and taking water samples — on public land if a person crossed private proper- ty to get there. Environmental groups fi led a complaint against the law, which was dismissed by a federal judge. The 10th Circuit has now reversed that decision, re-opening the case because the plaintiffs raised valid free speech issues. The 10th Circuit noted that Wyoming already has laws against trespassing, but the data collection statute goes further by prohibiting the cre- ation of speech, which is con- stitutionally protected. Opponents of an “ag gag” law passed in Idaho also ar- gue the Wyoming decision strengthens their case, which is currently under review be- fore the 9th U.S. Circuit Court of Appeals after the statute was overturned by a federal judge in 2015. The Animal Legal Defense Fund fi led a court brief argu- ing the 10th Circuit agrees with its reasoning that inter- fering with speech creation runs afoul of the First Amend- ment. Attorneys for Idaho also fi led a brief claiming the Wy- oming case isn’t directly rel- evant because it pertains to public lands rather than pri- vate property. By ERIC MORTENSON Capital Press Oregon’s wolf management plan is supposed to be updat- ed this year but that hasn’t happened yet. The Oregon Department of Fish and Wild- life Commis- sion was to get a briefi ng on that process Russ during its Sept. Morgan 15 meeting in Welches, Ore. The pause in the process comes as ODFW has moved to kill fi ve wolves for live- stock attacks this summer and approved the shooting of a sixth. Four wolves from the Harl Butte pack were shot by ODFW staff after a series of depredations in Wallowa Coun- ty. A Umatilla County livestock producer or an employee – ODFW has not clarifi ed the de- tails – legally shot a Meacham Pack wolf under authorization from the department. Conservation groups are Courtesy Baker Aircraft and ODFW The anticipated update of the Oregon wolf management plan has not yet happened. The pause in the process comes as ODFW has moved to kill fi ve wolves for livestock attacks this summer and approved the shooting of a sixth. change is coming. Russ Mor- gan, ODFW’s longtime wolf program coordinator, is retir- ing in October. Morgan said he had planned to retire when the management plan was approved, but decided not to wait. highly critical of ODFW’s actions, saying it shouldn’t be killing wolves while the man- agement plan review is pend- ing. A coalition of 18 groups asked Gov. Kate Brown to in- tervene, so far without success. Meanwhile, a signifi cant Known Oregon wolf packs Confirmed pack/individual range NOTE: Polygons represent estimated ranges for known wolf packs with radio-collared animals. 82 Portland Pendleton 197 Unnamed Heppner 5 26 Salem By DAN WHEAT Minam Meacham 97 101 Chesnimnus Wenaha Shamrock Snake Walla Walla River N. Emily 395 84 Apple, pear pickers cope with wildfi re smoke OR30 Desolation 22 Capital Press Mt. Emily Catherine 26 WENATCHEE, Wash. — It’s almost getting to be an annual occurrence — wildfi re smoke hampering harvest of apples and pears, particularly in northcentral Washington. Smoke was bad in Wenatchee for more than a week in early August and then again in recent weeks, caus- ing some pickers to don face masks, causing some shorter work days but perhaps help- ing fruit more than hurting it. “The primary effect (on fruit) has been cooling down temperatures and tending to delay maturity,” said Tianna Dupont, Washington State University Extension tree fruit specialist in Wenatchee. It may be slowing harvest a little, she said. She and her predecessor, Tim Smith, both said the over- all effects of smoke on tree fruit is minimal. “If anything it’s probably a positive ... in reducing fruit sunburn,” Smith said. Smoke was far worse in 2012, and there was concern at ethylene oxide in smoke might cause fruit to ripen too fast, but that didn’t happen, he said. Smoke has been coming from the 30,720-acre Jol- ly Mountain Fire about 25 miles west of Wenatchee and in Chelan from the 7,336- acre Uno Fire up Lake Chel- an from Manson. Clear skies were forecast for Wenatchee and Chelan starting Sept. 14. (As of Dec. 31, 2016) Estimated pack/individual range 84 Harl Butte OR29/36 OR37 20 26 126 Bend Eugene 97 OREGON 20 58 Silver Lake OR25 5 101 Rogue N Keno (status unknown) 25 miles Randy L. Rasmussen/Associated Press Cascade Locks, Ore., nestled in tall fi r trees alongside the Co- lumbia River, is blanketed by smoke from the nearby Eagle Creek wildfi re Wednesday. Smoke from wildfi res in the Cascade Range has plagued apple and pear pickers in the Wenatchee Valley and elsewhere in northcentral Washington for many days. Despite the smoke this year, growers are really happy with the weather, Smith said. Nights are beginning to cool down more, which is needed for color and sugar develop- ment, he said. “In the long run, it’s help- ing keep temperatures down which is good because apples were cooking on the trees,” Doug England, manager of Manson Fruit Cooperative, said of the smoke.Tempera- tures were too high, he said. Smoke has been diffi - cult on workers, said Harold Schell, director of fi eld ser- vices at Chelan Fruit Cooper- ative in Chelan. “A lot of people were wearing masks and doing what they could to get by be- cause fruit still has to be har- vested. Without a doubt work days were shortened and I assume some skipped, too,” Schell said. Greg Rains, horticulturist at Blue Star Growers in Cash- mere, said not many pickers have been wearing masks in that area and that the smoke is not nearly as bad as in 2012. Nemis Robles, a pear pick- er at Stone House Orchard near Cashmere, said smoke has been bad and some work days were shortened. Pablo Avila, orchard man- ager at Independent Ware- house in Dryden, said workers weren’t complaining or wear- ing masks. 199 Medford 5 *At least one breeding pair 395 Ontario Wolf pack population Pack/area Total Wenaha* Walla Walla* Snake River* Minam* 12 11 9 11 Mt. Emily Meacham* Rogue 8 7 6 Desolation Shamrock Catherine* 1 4 5 Source: Oregon Dept. of Fish and Wildlife (cont.) Keno Heppner Silver Lake OR30 pair Chesnimnus* Harl Butte* N. Emily OR29/36 Lone/misc. Minimum total Total 1 3 1 2 9 10 3 2 7 112 Alan Kenaga/Capital Press Meacham Pack wolf fi fth killed this year By ERIC MORTENSON Capital Press The Oregon Department of Fish and Wildlife said a wolf from the Meacham Pack was legally shot to death Sept. 7 in Umatilla County, the fi fth wolf killed in Oregon since August. The wildlife agency autho- rized killing two adult wolves after depredation investiga- tions confi rmed the pack at- tacked cattle four times in August. All of the attacks involved the same herd grazing on a 4,000-acre private, forested pasture in the Sheep Creek area. The lethal control permit allowed either ODFW staff or the producer or an employee to kill two adult wolves. Department spokeswom- an Michelle Dennehy said an adult, non-breeding female was shot by the livestock own- er or an employee. In August, ODFW killed four wolves from the Harl Butte Pack in Wallowa Coun- ty, which had attacked live- stock eight times in a year. In issuing the Meacham Pack kill permit, ODFW said the producer had taken prop- er action to deter attacks. The producer removed livestock carcasses the same day they were discovered, removed cat- tle that were weak and might be targeted by wolves, mon- itored and removed animals that were weak or could be a target of wolves and employed a range rider fi ve days a week to monitor wolves and main- tain a human presence. The producer also delayed pasture turnout for 30 days so the calves grazing there would be bigger and perhaps better able to fend off wolves. SAGE Fact #145 Did you know that the Port of Morrow Warehousing ships approximately 6,000 export containers, 7,200 domestic truck loads and 1,200 rail cars annually. 37-3/101 37-3/102