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4 CapitalPress.com October 5, 2018 Hay exporters worried about China ELLENSBURG, Wash. — Hay harvest is wrapping up in Washing- ton’s Columbia Basin and in Oregon and while weather and quality have been generally good, the big deal in the export world is loss of sales to China because of higher tariffs. China had an 8 percent tariff on U.S. hay but added 25 percent for a total of 33 percent in retaliation to President Donald Trump’s steel and aluminum tariffs. “Volume has dropped significant- ly since July because of the tariff, down more than half,” said Jeff Cal- away, president of Calaway Trading Inc., a major West Coast exporter in Ellensburg. China buys about 1.2 million met- ric tons of U.S. hay per year, mainly for dairies. It’s the No. 1 export mar- ket for U.S. alfalfa and is barely No. 2 to Japan for all U.S. hay. But another major West Coast exporter in Ellensburg, Mark An- derson, president of Anderson Hay & Grain Co., said there has not been a large impact in the China market yet because that nation uses a lot of Dan Wheat/Capital Press A trucker sweeps his flat-bed trailer as second-cutting Timothy hay from Ephrata, Wash., is unloaded at Anderson Hay & Grain Co. in Ellensburg, Sept. 20. Export- ers have enjoyed good quality from good weather but are worried about sales damage from China’s higher tariffs. its own hay in summer. Any impact will be more evident when Septem- ber through December numbers are compiled, he said. “Our hope is that some kind of agreement comes together with Chi- na in the coming months,” he said. Calaway said traders he deals with in China are saying China’s summer production is almost gone. “It’s lower quality and I think there’s a lot of pressure on them. They need hay and have dropped some of the tariffs they imposed (on other products),” he said. New U.S. trade agreements with Mexico, Canada and South Korea and progress with Europe and Japan also pressures China, Calaway said. “China will have to come around. It is more dependent on us than we are on them,” he said. Saudi Arabia continues to be a growth market for U.S. hay, Cala- way and Anderson said. Second-cutting Timothy is done in Eastern Washington, lim- ited third-cutting is finishing in the southern Columbia Basin and alfalfa will soon be done, Anderson said. Oregon is wrapping up alfalfa in Christmas Valley and Klamath, the latter of which is sold mostly domes- tically, he said. The Pacific Southwest will con- tinue with a couple more fall cuttings mostly for domestic market, he said. “Quality has been nice with a mix of grades produced in all areas,” An- derson said. Inventory of feeder hay maybe tightening in the PNW as quality has been better from lack of rains, he said. But quality and color has also been damaged from wildfire Judge: Tillamook pollution lawsuit isn’t ‘time-barred’ Oregon environmental regulators never finalized bacterial limit, judge rules By MATEUSZ PERKOWSKI Capital Press Oregon’s environmental regulators never finalized a limit on fecal coli- form bacteria in Tillamook Bay, which means an oysterman isn’t time-barred from challenging the decision, accord- ing to a judge. Tillamook County Circuit Court Judge Mari Garric Trevino has found the Oregon Department of Environ- mental Quality’s director didn’t sign an “issuance memorandum” for its 2001 “total maximum daily load” for fecal coliform bacteria in the bay or send it to the required people. Those steps were required for “due process” under the state and federal constitutions, as well as administrative law, which means the TMDL “was nev- er finalized and instead remains a draft order,” the judge said in an Oct. 2 ruling. Trevino’s ruling is important be- cause oysterman Jesse Hayes has filed a lawsuit challenging DEQ’s standard for fecal coliform bacteria in the bay as too lenient. Hayes claims the bacterial con- tamination has restricted or prohib- ited harvest of oysters from his 600 acres of plats in Tillamook Bay and he seeks stricter controls over al- leged dairy pollution in the Tillamook basin. Last month, an attorney for DEQ argued that Hayes Oyster Co.’s law- suit should be dismissed on multiple grounds, including because he alleged- ly missed the deadline to challenge the TMDL by roughly 17 years. Trevino has decided that since the TMDL was a “draft order,” Hayes’ claim seeking damages for a public nui- sance should be dismissed but his attack on the standard itself isn’t time-barred. “What we’re down to is a direct ac- tion against the TMDL,” said Thomas Benke, attorney for the Hayes Oyster Co. Hayes plans to review his options re- garding an appeal of the judge’s dismiss- al of his damages claim but he respects the judge’s opinion, which effectively gives him the opportunity to modify his complaint and continue with the litiga- tion, Benke said. “It means we get process,” he said. “Now they have to defend that 17-year- old decision.” It remains to be seen whether Trevino decides she has the jurisdiction to order DEQ to finalize or modify the TMDL for fecal coliform bacteria, he said. Nonetheless, the judge’s ruling makes it clear that DEQ can’t stand behind the statute of limitations to defend a 17-year- old “compromise” TMDL that Hayes be- lieves is illegal, Benke said. “This is a positive development for all users of the rivers in Tillamook Bay,” he said. “The big winner here is Tilla- mook Bay. Sadie Forzley, a state attorney rep- resenting DEQ, said she can’t comment on pending litigation. Legal U.S. Postal Service STATEMENT OF OWNERSHIP MANAGEMENT AND CIRCULATION (Required by 39 U.S.C. 3685) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 13. 14. 15. a. b. c. d. e. f. g. h. i. TITLE OF PUBLICATION: CAPITAL PRESS PUBLICATION NO. 07403704 DATE OF FILING: Sept. 27, 2018 FREQUENCY OF ISSUE: Weekly Every Friday NO. OF ISSUES PUBLISHED ANNUALLY: 53 ANNUAL SUBSCRIPTION PRICE: $49.99 COMPLETE MAILING ADDRESS OF KNOWN OFFICE OF PUBLICATION: P.O. Box 2048, Salem OR 97308-2048 COMPLETE MAILING ADDRESS OF HEADQUARTERS OF GENERAL BUSINESS OFFICE OF PUBLISHER: P.O. Box 2048, Salem OR 97308-2048 FULL NAMES AND COMPLETE MAILING ADDRESS OF PUBLISHER, EDITOR AND MANAGING PUBLISHER: Joe Beach, P.O. Box 2048, Salem, OR 97308-2048 EDITOR: Joe Beach, PO Box 2048, Salem, OR 97308-2048 MANAGING EDITOR: Carl Sampson, P.O. 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COPIES (Net Press Run).......................................................................................................................................................26,768 PAID CIRCULATION (By mail and outside the mail) (1) MAILED OUTSIDE-COUNTY PAID SUBSCRIPTIONS STATED ON PS FORM 3541 (Include paid distribution above nominal rate, advertiser’s proof copies, and exchange copies) .....................................................................................................................................25,330 (3) PAID DISTRIBUTION OUTSIDE THE MAILS INCLUDING SALES THROUGH DEALERS AND CARRIERS, STREET VENDORS, COUNTER SALES, AND OTHER PAID DISTRIBUTION OUTSIDE USPS®....................................................................................................0 (4) PAID DISTRIBUTION BY OTHER CLASSES OF MAIL THROUGH THE USPS (e.g. First-Class Mail ® ).....................................................1 TOTAL PAID DISTRIBUTION (Sum of 15b. (1), (2), (3), and (4)...............................................................................................................25,331 FREE OR NOMINAL RATE DISTRIBUTION (By mail and outside the mail) (1) FREE OR NOMINAL RATE OUTSIDE - COUNTY COPIES INCLUDED ON PS FORM 3541....................................................................................................................................................................201 (4) FREE OR NOMINAL RATE DISTRIBUTION OUTSIDE THE MAIL (Carriers or Other Means).................................................................30 TOTAL FREE OR NOMINAL RATE DISTRIBUTION (Sum of 15d, (1), (2), (3), and (4)................................................................................231 TOTAL DISTRIBUTION (Sum of 15c and 15e).........................................................................................................................................25,562 COPIES NOT DISTRIBUTED.....................................................................................................................................................................1,206 TOTAL (Sum of 15f and g)........................................................................................................................................................................26,768 PERCENT PAID (15c divided by 15f times 100)......................................................................................................................................99.09% 16. ELECTRONIC COPY CIRCULATION a. PAID ELECTRONIC COPIES: Average No. copies each issue during preceding 12 months................................................................................................................................................298 b. TOTAL PAID PRINT COPIES (Line 15c) + Paid Electronic Copies (Line 16a) Average No. copies each issue during preceding 12 months ................27,682 No. copies of single issue published nearest to filing date...................25,629 c. !..........................................................................................................................................................................................................................................25,860 d. Percent paid (both print & electronic copies) (16b divided by 16 c 100) Average No. copies each issue during preceding 12 months...........................................................................................................................................99.10% Actual No. Copies of Single Issue Published Nearest to Filing Date a. TOTAL NO. COPIES (Net Press Run).......................................................................................................................................................23,989 b. PAID CIRCULATION (By mail and outside the mail) (1) MAILED OUTSIDE-COUNTY PAID SUBSCRIPTIONS STATED ON PS FORM 3541 (Include paid distribution above nominal rate, advertiser’s proof copies, and exchange copies) .....................................................................................................................................22,797 (3) PAID DISTRIBUTION OUTSIDE THE MAILS INCLUDING SALES THROUGH DEALERS AND CARRIERS, STREET VENDORS, COUNTER SALES, AND OTHER PAID DISTRIBUTION OUTSIDE USPS®....................................................................................................0 (4) PAID DISTRIBUTION BY OTHER CLASSES OF MAIL THROUGH THE USPS (e.g. First-Class Mail ® ).....................................................1 c. TOTAL PAID DISTRIBUTION (Sum of 15b. (1), (2), (3), and (4)...............................................................................................................22,798 d. FREE OR NOMINAL RATE DISTRIBUTION (By mail and outside the mail) (1) FREE OR NOMINAL RATE OUTSIDE - COUNTY COPIES INCLUDED ON PS FORM 3541....................................................................................................................................................................201 (4) FREE OR NOMINAL RATE DISTRIBUTION OUTSIDE THE MAIL (Carriers or Other Means).................................................................30 e. TOTAL FREE OR NOMINAL RATE DISTRIBUTION (Sum of 15d, (1), (2), (3), and (4)................................................................................231 f. TOTAL DISTRIBUTION (Sum of 15c and 15e).........................................................................................................................................23,029 g. COPIES NOT DISTRIBUTED........................................................................................................................................................................960 h. TOTAL (Sum of 15f and g)........................................................................................................................................................................23,989 i. PERCENT PAID (15c divided by 15f times 100)......................................................................................................................................98.99% 16. ELECTRONIC COPY CIRCULATION a. PAID ELECTRONIC COPIES: No. copies of single issue published nearest to filing date......................................................................................................................................................338 b. TOTAL PAID PRINT COPIES (Line 15c) + Paid Electronic Copies (Line 16a) No. copies of single issue published nearest to filing date.................................................................................................................................................23,136 c. ! No. copies of single issue published nearest to filing date...............................................................................................................................................23,367 d. Percent paid (both print & electronic copies) (16b divided by 16 c 100) No. copies of single issue published nearest to filing date...............................................................................................................................................99.01% 17. This Statement of Ownership will be printed in the 10/05/18 issue of this publication: Joe Beach, Publisher, Dated 9/24/18 I certify that all information furnished on this form is true and complete. I understand that anyone who furnishes false or misleading information on this form or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions (including civil penalties). 40-3/HOU smoke preventing hay from drying in a timely fashion, Calaway said. The Pacific Southwest gained ex- port market share over the PNW in recent years due to lower ship- ping costs. While PSW shipping costs remain lower its prices have increased due to Saudi Arabia de- mand and drought in New Mexico, Anderson said. That’s allowed the PNW to regain some market share, he said. Exporters have generally recov- ered from market losses due to the 2014-2015 work slowdown at West Coast seaports, Anderson said. Supply and demand are matching up well this season and generally hay prices have been good in the Pacific Northwest for growers and domestic and export markets, he said. USDA Market News, Washing- ton and Oregon, out of Moses Lake for Sept. 28 said demand from ex- porters was light with more interest from dairies and Canadian buyers. High test alfalfa was in short supply. Alfalfa mid-square Supreme averag- ing $200 per ton and Good $165 per ton. Alfalfa small square Premium $200 and Timothy small square Pre- mium $260. Farm Bill expiration puts 39 programs in limbo By CAROL RYAN DUMAS Capital Press Expiration of the 2014 Farm Bill has orphaned 39 programs, leaving them bereft of funding. Those programs span 10 of the 12 farm bill titles and sup- port conservation, bioenergy, rural development, research, nutrition, organic agriculture, farmers’ markets, trade pro- motion and beginning, mili- tary veteran and socially dis- advantaged farmers. Because they received mandatory fund- ing of $50 million or less, they don’t have baseline funding beyond Sept. 30, when the fed- eral government’s fiscal year ended. Mandatory spending on those programs over the course of the five-year farm bill was about $2.8 billion — account- ing for 0.6 percent of the $489 billion in total mandatory costs and 2.5 percent of the total excluding nutrition programs, according to the Congressional Research Service. “While this total may be a relatively small fraction of total farm bill spending, the effect may be particularly im- portant to specific farm bill titles and to the programs’ ben- eficiaries,” CRS analysts said. The nonprofit Center for Rural Affairs agrees and is most concerned with about 10 of those sidelined programs, Anna Johnson, policy manag- er with the center, told Capital Press. But four major conserva- tion programs not on the or- phaned list are also stranded, she said. “They have funding, but authorization has run out. Even though the money is there, they’re (USDA) not allowed to run the programs,” she said. Those programs are the Conservation Stewardship Program, Conservation Re- LEGAL PURSUANT TO ORS CHAPTER 87 Notice is hereby given that the following vehicle will be sold, for cash to the highest bidder, on 10/15/2018. The sale will be held at 10:00am by COPART OF WASHINGTON INC 2885 NATIONAL WAY WOODBURN, OR 2010 INTRNTL CARGOSTAR LT VIN = 4RACS162XAN071813 Amount due on lien $1,445.00 Reputed owner(s) RICHARD C MC CAUL JR BB/T FINAN FSB SHEFFIELD FINAN serve Program, Regional Con- servation Partnership Program and Agricultural Easement Program, she said. With the beginning of a new fiscal year, conservation programs would normally be ramping up for new contracts, but USDA has to sit on its hands. It has no authority for new contracts, she said. But it’s not just conserva- tion programs that are being sidelined, she said. “Many programs that sup- port rural vitality are being left behind with the farm bill expi- ration,” she said. Uncertainty abounds due to depressed commodity pric- es for many years, and lack of a farm bill creates additional uncertainty, she said. “The farm bill is getting left on the wayside, and that’s irresponsible,” she said. The Center for Rural Af- fairs wants a farm bill as soon as possible and also wants Congress to pass a farm bill extension quickly to fully fund and authorize all of the programs, she said. Wheat, corn and soybean growers are particularly concerned with a lapse in the Foreign Market Devel- opment Program, another of the 39 orphaned programs. That program is funda- mental in U.S. Wheat Asso- ciates work to promote U.S. wheat around the world, Vince Peterson, USW pres- ident, said in a press release. “We use FMD funding to cover salaries of more than 40 non-American employees and expenses for 14 overseas offices,” he said. Without FMD funding, USW will have to cover costs incurred by shifting funds away from its activities or by using reserves from pro- ducer funds, he said. “That is a short-term bridge we have used in the past. But it is not sustain- able for more than several months. Beyond that, we would have to start cutting activities and eventually closing offices,” he said. Pre-order your Baumalight generator now for delivery in 8 weeks and get an 8% discount. .COM MFG OF BRUSH MULCHERS | STUMP GRINDERS | DRAINAGE PLOWS | BOOM MOWERS | PTO GENERATORS | AUGER BITS & DRIVES | TRENCHERS | TREE SPADES TREE SAWS | LIMB SHEARS AND MORE ELLIS EQUIPMENT 800-949-2336 40-4-3/102 Capital Press 40-2-3/999 By DAN WHEAT