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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