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