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8 CapitalPress.com Friday, December 21, 2018 Washington court: Fish and Wildlife Pesticide exam fees may go up and online in Washington can regulate land to protect fish By DON JENKINS Capital Press By DON JENKINS Capital Press The Washington State Department of Agriculture plans to scrap paper tests and adopt online testing for pesticide applicators. The computer tests will be more convenient and pre- vent cheating, but will cost more to take, according to the department. The department admin- istered more than 10,000 tests last year to applica- tors, exterminators and pes- ticide dealers. The tests cost an average of $13 to take. The department would need to increase the per-test fee to $55 to $65 to pay for computer testing, accord- ing to departments records. The department collected about $135,000 in fees in 2017 and estimates needing approximately $540,000 annually to pay a company to develop, administer and score electronic tests. Tests would be offered at more places and more often, and results will be available sooner. The department has fined test-takers for cheat- ing on paper tests, another factor in the department’s determination to move test- ing online. The department recently filed a notice alerting the public that it plans to release a detailed proposal soon. The department admin- isters 33 different tests on pesticides. More than 28,000 people hold some WSDA A Washington State Department of Agriculture plans to scrap paper tests and adopt online testing for pesticide applicators. The computer tests will be more convenient and prevent cheating, but will cost more to take, according to the department. type of department-issued pesticide license. The department cur- rently offers weekly testing sessions in Olympia and Yakima, as well as monthly sessions in Everett, Spo- kane, East Wenatchee and Moses Lake. Ses- sions are occasionally held in Longview. Test-takers must wait up to 10 days for results, according to the department. With online testing, the results will be available immediately. The depart- ment would hope to add testing sites in at least the Tri-Cities, Pierce and King counties, as well as Skagit or Whatcom counties and Clark or Cowlitz counties, according to a department spokesman. A testing session cur- rently costs $25, though applicants can take as many as four tests per session. The department revoked pesticide licenses from four men in May for cheating on tests. The four men admit- ted to copying answers. They were given the chance to re-take the test, but none passed, according to department records. In March, the depart- ment revoked the licenses of three men who removed exams from the Yakima testing center. Cheating is not the prime reason for switch- ing to online tests, but it is a consideration, the depart- ment spokesman said. Washington’s Depart- ment of Fish and Wild- life can regulate construc- tion on dry land if the agency decides fish may be affected, the state Supreme Court ruled unanimously Thursday. The court rejected a law- suit by five counties that alleged Fish and Wildlife was overstepping its author- ity by requiring local gov- ernments to get permits from the agency to build and maintain bridges that span but do not touch water. More broadly, the deci- sion affirms Fish and Wild- life’s jurisdiction over a host of activities on public and private land, such as clear- ing brush, maintaining dikes and stabilizing river banks. Critics, including some farm and landowner groups, say the department’s reach threatens the use of private property. “The jurisdiction has become unlimited,” Citizens Alliance for Property Rights lobbyist Cindy Alia said. “Fish and Wildlife’s juris- diction can go clear to the mountaintop.” The lawsuit stemmed from rules the Fish and Wildlife Commission adopted in 2015 to enforce the state’s Hydraulic Code, a 75-year-old law that directs the agency to police con- struction to protect salmon and fish habitat. Counties argued the rules unlawfully extended Fish and Wildlife’s author- ity beyond the water’s edge. The counties warned, in court documents, that the rules could justify stop- ping projects based on con- siderations such as climate change. More prosaically, the counties said they didn’t want to have to obtain a per- mit from Fish and Wildlife every time they repaved a bridge, repaired a guardrail or repainted white lines. Fish and Wildlife argued that lawmakers directed them to protect fish and that projects on land could remove stream-protecting vegetation, and put chemi- cals and sediment in water. The department said the law and other regulations limit its authority to block construction. The court agreed with Fish and Wildlife’s more expansive application of the law. Writing for the court, Justice Susan Owens said Fish and Wildlife can require permits for upland projects and doesn’t have to be absolutely certain the project will affect fish, only reasonably certain. “And we defer to the department’s expertise in determining which proj- ects meet that standard,” she wrote. The law says Fish and Wildlife must approve proj- ects that “will” alter water- ways. Owens said the word means the same as “may.” Justices Sheryl Gordon McCloud and Steven Gon- zalez agreed that Fish and Wildlife should regulate projects on land. But they wrote a separate opinion stating they couldn’t agree that “will” is synonymous with “may.” Several Indian tribes supported Fish and Wild- life’s position by submit- ting written arguments to the Supreme Court. The tribes argued that overturning Fish and Wildlife’s rules would end the state’s longstanding regulation of construction projects to protect fish. In recent years, the Leg- islature has considered but never passed bills to limit Fish and Wildlife’s author- ity over projects that touch water. In 2017, the Repub- lican-controlled Senate passed a bill to create a task force to study the issue. The bill did not move in the Democratic-controlled House. Democrats will con- trol both chambers during the 2019 session. “There’s no realistic chance they will make a change we could support,” Washington Farm Bureau director of government rela- tions Tom Davis said. Fish and Wildlife biol- ogists have generally done a good job of applying the hydraulic code, but the Supreme Court ruling may encourage more restrictions, particularly with the push to increase fish runs to feed orcas, Davis said. “To what degree will they go for orca recovery?” Douglas, Kitsap, Lewis, Pierce and Spokane counties brought the challenge to the Supreme Court. Washington FFA at the 2018 National FFA Convention Indianapolis, Ind. — October 24th- During National Convention 27th, the Washington FFA state Washington FFA was also well officers, along with more than 350 represented in Career and Leadership other Washington FFA members, Development events. A number of advisors and parents, traveled to Washington FFA chapters placed in the Indianapolis for the 91st National FFA top 10 nationally: Convention and Expo. • 4th in Forestry: Mt. Baker FFA The Washington leadership • 5th in Milk Quality & Products: delegates conducted the official Cashmere FFA business of the organization, weighing • 6th in Dairy Cattle Evaluation: in on committees that provided Lynden Christian FFA recommendations to the National • 6th in Food Science: Cashmere Board of Directors, as well as voting FFA on constitutional changes. They also • 7th in Environmental & Natural participated in the National FFA Day Resource Sciences: Stanwood FFA U.S. Agriculture Secretary Sonny Perdue with of Service and helped rebuild and • 8th in Floriculture: Woodland FFA FFA members at the national convention. make improvements to the Morning Robert Brown, Randy Wiggins, both Dove Therapeutic Riding Center. retired agricultural educators in The National Winner in the Beef Washington, along with Sen. Jim Production-Placement proficiency Honeyford, received the Honorary area is Nicole Harder (LaCrosse FFA). American FFA Degree for their work Nicole works for both her mother’s and service to FFA. farm and another female-owned Another highlight for Washington regional livestock auction facility. At FFA during the National FFA her mother’s farm, they manage Convention was the opportunity for approximately 1,300 head of purebred many of our members to attend the Hereford cow-calf pairs and bulls. She historic final session of convention started working in the eighth grade, during which both Secretary of gathering cattle and giving shots. Agriculture Sonny Perdue and Presently, she’s taken on more President Donald Trump attended and management decisions, including the spoke. The last sitting president to vaccination, branding, sorting and attend National FFA Convention was penning of cattle. Harder is supported in 1991. The Washington FFA by her FFA advisor, Lisa Baser. participants also gathered for the Kalista Wales & Adeline Rang of second annual state barbecue dinner Sumner FFA were the National Thursday night. Champions in the Agriscience After National FFA Convention, the Environmental & Natural Resources state officer team made their way back Division 4. Other Agriscience The national winner in the Beef Production- to Washington and jumped right back participants placing in the top 10 in Placement proficiency area was Nicole Harder into chapter visits and shared their the nation in their respective divisions of the LaCrosse FFA. experiences with members as well as were: Layne Barton (Sumner FFA), catch up with some members they saw Leighton Dorman (Walla Walla FFA), in Indiana. Overall, it was fun-filled week meeting members Nickolas Bowdish (Goldendale FFA), Chloe Koehler & from across the nation and sharing about our great state of Griffin Hood (Sumner FFA), Seniah Flesher (Sumner FFA), Washington. Nazaaha Penick & Sierra Blair (Sumner FFA), and Briana Affonso & Alyssa Oman (Sumner FFA). For further information about Washington FFA events, contact: Abbie DeMeerleer, Executive Director, Washington FFA Association, (509) 592-3444 email: abbie@washingtonffa.org Learning to Do, Doing to Learn, Earning to Live, Living to Serve 51-2/HOU
