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4 CapitalPress.com October 27, 2017 Washington to revive war on gypsy moths WSDA seeks funding to spray 1,300 acres By DON JENKINS Capital Press Dan Wheat/Capital Press File Andrea Mora and Rosa Vega place Red Delicious apples on trays for packing at Custom Starr Ranch Growers in Wenatchee, Wash., on March 10. Among the food safety issues the Food and Drug Administration is reviewing is whether a packing house is technically a farm or a processor. Different rules apply to each type of facility. Two European gypsy moths found in early August in Pierce County, Wash., sit on the thumbs of a Wash- ington State Department of Agriculture worker. The department tentatively plans to spray a total of 1,300 acres in Pierce and Kitsap counties next spring to eradicate an outbreak of the leaf-eating pest. to WSDA. The moths spread by laying egg masses on out- door belongings transported across the country. WSDA has sprayed for gypsy moths nu- merous times since 1979, but did not this year. The Oregon Department of Agriculture also did not spray this year and won’t next spring, department spokes- man Bruce Pokarney said Monday. The department trapped 10 European gypsy moths this year, including five in Benton County, in or near Corvallis. “We’ll have to keep an eye on that next year,” he said. “We’ll put more traps out.” The department also trapped two gypsy moths south of Eugene and three at scattered sites in Portland. None of the three were caught in the 8,800 acres in Portland the department sprayed in 2016. “That’s the best news of all,” Pokarney said. The gypsy moth trapping season was more lively in Washington. In a first for Washington, WSDA found about 100 gypsy moths laying eggs in a Puyallup neighborhood. Female gypsy moths can’t fly, so only male gypsy moths are snared in the traps. WSDA said the discovery likely curbed a serious out- break. Still, the department has put in a budget request to the governor’s office for $230,000 to spray and to put out traps to see whether the operation worked. The de- partment also hopes to receive $715,000 from the USDA. WSDA trapped 87 gypsy moths in Pierce County and 17 in Kitsap County. Gypsy moths also were caught in Clark, King, Island and What- com counties. Neither Washington nor Oregon trapped an Asian gypsy moth this year. Female Asian gypsy moths fly and are considered a greater danger to spread than European gypsy moths. Washington would spray Bacillus thuringiensis kusta- ki, a biological pesticide ap- proved for organic use. Suspension of Winter Water Savings opens door to recharge IDAHO FALLS, Idaho — The U.S. Bureau of Rec- lamation has waived its usual requirement that Palisades Res- ervoir storage holders shut off their canals throughout winter, which should open new aquifer recharge opportunities for the state. Under the agency’s Win- ter Water Savings Program, space-holders are obligated to close their canals for 150 con- secutive days following the irrigation season, allowing the reservoir to fill. However, Upper Snake Reservoirs are entering this winter with far more storage than necessary, following an exceptionally wet water year. Water District 1 officials re- cently calculated that flows at the Heise gage, located above the Snake River’s first diver- sion, were the second highest in recorded history — second only to 1997 — during the wa- ter year that ended Sept. 30. The district also estimated its reservoirs have 1 million acre-feet of available space, compared to 1.7 million acre- feet of inflows form the poorest refill on record. The Bureau will suspend the Winter Water Savings re- quirement for at least three months. Corey Loveland, an agency official, said usual winter releases from Palisades range from 900 to 1,100 cubic feet per second. Releases have already been heightened from Palisades, and Loveland ex- pects the Bureau to keep them around 3,000 cfs throughout winter. “We’ll definitely have to move a large amount of water to make room for flood-con- trol space,” Loveland said. “Water will be available to use for recharge (in the Up- per Snake Valley) this fall and throughout winter.” The state has a special wa- ter right that remains in prior- ity throughout winter in the Lower Snake — downstream of Minidoka Dam — for aqui- fer recharge, which involves paying canal companies to run water through their un- lined systems or dump it into adjacent spill basins so that it may seep into the aquifer and restore declining groundwater levels. LEGAL LEGAL PURSUANT TO ORS CHAPTER 98 Notice is hereby given that the following vehicle will be sold, for cash to the highest bidder, on 11/1/17. The sale will be held at 10:00am by PARKING ENFORCEMENT SERVICES 1768 13TH ST SE SALEM, OR 2007 DODGE RAM VIN = 1D7HU18297J507458 Amount due on lien $2,884.00 Reputed owner(s) SANDRA GOMEZ RAMIREZ PURSUANT TO ORS CHAPTER 87 Notice is hereby given that the following vehicle will be sold, for cash to the highest bidder, on 10/31/17. The sale will be held at 10:00am by TOUCHUP INC 6842 GANON ST. SALEM, OR 2017 JAGUAR F-PACE VIN = SADCJ2BVXHA060151 Amount due on lien $5,084.00 Reputed owner(s) PENN RETTIG II JPMORGAN CHASE BANK OREGON AUTO CENTER Legal-43-2-3/999 42-legal-2-3/999 42-legal-2-3/999 LEGAL PURSUANT TO ORS CHAPTER 98 Notice is hereby given that the following vehicle will be sold, for cash to the highest bidder, on 11/6/17. The sale will be held at 10:00am by TRS OREGON INC 1210 22ND ST. SE SALEM,OR 1995 INTERNATIO 4700 VIN = 1HTSCAAN0SH671773 Amount due on lien $5,214.00 Reputed owner(s) JESUS TOLENTO US BANK Wes Hipke, who coordi- nates the Idaho Department of Water Resources recharge program, has already started recharging 61,000 acre-feet of storage water provided by the Surface Water Coalition. The coalition received the water from junior groundwa- ter users and food processing companies as mitigation for a call, but it won’t be needed this season. The Bureau’s an- nouncement will enable some canal companies to continue recharging the storage water for the state into November, when they’d normally be re- stricted by Winter Water Sav- ings. Hipke said he’s also been making calls to find more recharge partners, hoping to expedite recharging of the storage water to free capacity for excess Palisades releas- es. Factoring in water that won’t be needed because a power turbine isn’t in ser- vice at Minidoka Dam, Hipke said the Bureau estimates he should have at least 800 cfs of flood releases available for Upper Valley recharge this fall and winter, though it re- mains to be seen if he’ll find the capacity to put that much water to good use. By DAN WHEAT Capital Press YAKIMA, Wash. — Northwest growers should not make any changes to their water quality plans and testing while the Trump administration reviews agri- cultural water rules adopted by the Obama administra- tion, says Kate Woods, vice president of the Northwest Horticultural Council in Ya- kima. The Food and Drug Ad- ministration is also trying to clarify whether packing houses are farms or proces- sors, Woods said. The FDA announced Sept. 12 a 60-day review of a proposed rule to extend deadlines for compliance with agricultural water re- quirements of the Produce Safety Rule of the Food Safety Modernization Act by two to four years while the requirements are re- viewed. The Produce Safety Rule was announced by the Obama administration on Nov. 27, 2015. “The FDA received a lot of feedback from growers, including from the North- west, that the rule was pretty impractical,” Woods said. The rule requires in- creased testing of irrigation water and a particular sam- pling method few laborato- ries were equipped to han- dle, Woods said. The FDA is proposing to review methodology, amount and standards for sampling, she said. The agency has not said how long its review will take and what changes might be forthcoming, she said. “We certainly view cur- rent requirements in the Produce Safety Rule as un- necessarily burdensome and onerous. We think the num- ber of samples and sample requirements could certainly be made more flexible and LEGAL IN THE CIRCUIT COURT OF THE STATE OF OREGON COUNTY OF MARION Probate Department IN THE MATTER OF THE ESTATE OF Katina Elizabeth Hatzantonis, Deceased No. 17PB06169 NOTICE TO INTERESTED PERSONS DATED and first published this 6th day of October, 2017. Personal Representative: ROCCO FAREN Attorney: L. E. ASHCROFT 510 SW Fiftth Ave, 6th Flr Portland, OR 97204 practical,” Woods said. Whether irrigation wa- ter can be tested at a single point in a canal or at multi- ple diversion points will be reviewed, as will a require- ment that growers establish a microbial water quality profile by conducting 20 tests on each surface wa- ter source over two to four years, she said. NHC and other indus- try organizations across the country have been meeting with FDA Deputy Commis- sioner Stephen Ostroff quar- terly regarding the water rule and will attend an FDA agricultural water summit early next year, Woods said. A Jan. 26, 2018, com- pliance date for the rest of the Produce Safety Rule remains and growers need to have at least one person trained on safety curriculum by then, she said. Growers already adhere to most of the requirements as part of private food safety audits, she said. Also at issue is whether packing houses that basi- cally do nothing more than clean, grade, sort and pack produce are considered a farm or a processor, Woods said. “We think if you have a whole apple coming in and a whole apple going out, you should be considered a farm, not a processor,” she said. Farms fall under the Produce Safety Rule. Pro- cessors are under the Pre- ventive Controls for Human Food rule, which requires more risk analyses and plan- ning, Woods said. The latter rule defines farms partly by ownership structure. NHC believes whether a packing house is a farm or processor should be “based on activities per- formed, not extraneous is- sues like ownership struc- ture that have nothing to do with risk,” she said. “FDA told us in Septem- ber that they are looking to review the farm definition, think they have a good solu- tion and are aware it needs to be fixed before the Jan. 26 compliance date,” she said. LEGAL NOTICE IS HEREBY GIVEN that Rocco Faren has been appointed Personal Representative of the above entitled estate. All persons having claims against the estate are required to pre- sent them to the Personal Representative in care of the below named attorney within four months after the date of the first publication of this notice as stated below, or such claims may be barred. All persons whose rights may be affected by the proceedings in this estate may obtain additional information from the records of the Court, the Personal Representative, or the attorney for the Personal Representative. 43-2/106 By JOHN O’CONNELL Capital Press Growers hope administration changes water rule OREGON TECHNICAL ADVISORY COMMITTEE MEETING (OTAC) WHEN: November 9, 2017 @12:30pm-4:00pm WHERE: Oregon Department of Foresty 2600 State Street Bldg. C Salem, OR 97310 Room: Tillamook Room For more information, or to arrange special accommoda- tions for meeting attendees, please contact Cory Owens at 503-414-3261 or cory.owens@or.usda.gov. legal-43-2-3/102 LEGAL CHERRY AVENUE STORAGE 2680 Cherry Ave. NE Salem, OR 97301 (503) 399-7454 AUCTION SAT., NOV. 4 TH • 10 A.M. • Unit AS-11 - Anthony Ballentine • Unit #12 - Steven Gomez • Unit #131 - Lee Williams • Unit #138 - Robert Morris • Unit #162 - Erik Vincent Cherry Avenue Storage reserves the right to refuse any and all bids legal-42-2-1/102 Washington State Department of Agriculture legal-40-4-1/999 The Washington State De- partment of Agriculture tenta- tively plans to aerial spray an insecticide over two westside counties next spring to kill gypsy moth larvae, respond- ing to the largest outbreak of the leaf-eating pest in more than 20 years. WSDA has trapped 117 European gypsy moths since July, the most since 1995. Most of the catches were in the neighboring cities of Puy- allup and Graham in Pierce County and Bremerton and Silverdale in Kitsap County. The department has not proposed a detailed plan, but has started to line up state and federal funding to spray a total of approximately 1,300 acres. Washington and other Western states take a hard line against gypsy moths. The moths are entrenched in 19 Eastern states and reputed by federal and state agricul- tural officials to be the most destructive forest insect ever introduced in North America. If established in Washing- ton, gypsy moths would be especially threatening to the timber, nursery and Christ- mas tree industries, according