Friday, January 28, 2022 CapitalPress.com 9 Sheep ranchers use light control for year-round lambing By SIERRA DAWN McCLAIN Capital Press The sheep industry is highly seasonal, making it diffi cult for farmers to mar- ket fresh sheep products such as lamb meat and milk year-round. According to the Ameri- can Lamb Resource Center, most sheep are at peak fertil- ity for breeding September through December, and as a result, 80% of the U.S. lamb crop is born in the fi rst fi ve months of the calendar year. This seasonality, accord- ing to the center, can cause “ineffi ciencies and market volatility.” New research, however, is enabling producers to breed sheep successfully out of season using a method called light extension pro- tocol, or “photoperiod pro- tocol.” The idea is similar to using artifi cial light to stimulate egg production by chickens. The practice of using pho- toperiod protocol has been common in Quebec, Can- ada, since 2001 with high rates of eff ectiveness across all breeds and crosses, but the strategy remains mostly Sierra Dawn McClain/Capital Press Sheep head to the barn for feeding time. untapped by U.S. producers. Farmers who have learned to use light exten- sion protocols are able to run separate groups of sheep, bred at diff erent times, so lambs are born in batches through the year. “It can be really prof- itable for you to supply milk all year round,” said Johanne Cameron, Cana- dian sheep farmer and for- mer sheep extension coor- dinator for the province of Quebec. Cameron was speaking at the Dairy Sheep Associ- ation of North America’s symposium. Cameron’s research has primarily been in meat Army Corps considers alternatives for operating Willamette Basin dams By GEORGE PLAVEN Capital Press PORTLAND — The U.S. Army Corps of Engi- neers is re-evaluating how it will maintain and operate 13 dams in Oregon’s Willa- mette Valley to protect three species of endangered fi sh. The dams, collectively known as the Willamette Valley Project, were built more than 50 years ago to provide fl ood control from heavy spring rains. Other authorized purposes include irrigation, hydropower, rec- reation and fi sh and wildlife habitat. Offi cials at the Corps’ Portland District outlined seven alternatives for proj- ect operations during a vir- tual public meeting on Jan. 19. The changes described in each alternative are intended to improve water quality, temperature and fi sh passage at the dams for spring chinook, winter steelhead and bull trout. A federal judge in 2020 ruled the dams had pushed endangered Upper Willa- mette salmon and steel- head runs to the brink of extinction, while the Corps lagged years behind mak- ing scheduled upgrades that were agreed to in an earlier court settlement with envi- ronmental groups. The Corps is now updat- ing its Environmental Impact Statement, or EIS, for the Willamette Proj- ect, walking the tightrope between the needs of fi sh and the needs of other users. “It is a delicate dance that has increasingly become more complex,” said Erik Petersen, operations proj- ect manager for the Corps. “Everyone is giving some- George Plaven/Capital Press File Detroit Dam is one of 13 dams operated by the U.S. Army Corps of Engineers in the Willamette River Basin. thing up, and everyone is gaining something. No one is getting anything exactly the way they want it.” Public scoping for the updated EIS began in 2019. The Corps received 717 suggestions for measures that could be implemented at one of the dams. From there, the list was whittled down to 23 measures based on their feasibility and benefi ts. The measures are divided into four sub-categories — fi sh passage, water quality, fl ow and “common to all,” which includes hatchery improvements and gravel augmentation. The Corps mixes and matches these measures into each of the seven alter- natives, looking to strike the right balance of actions to maximize the dams’ benefi ts. For example, alterna- tives 3A and 3B focus on boosting fi sh passage by modifying operations, rather than substantially changing any of the struc- tures. That would involve deep spring and fall sea- son reservoir drawdowns, boosting river fl ows at a time when adult and juve- nile salmon are migrating. Alternative 4, on the other hand, takes a more building-based approach, adding new downstream passage and water qual- ity facilities to keep fi sh healthy and moving. Kelly Wingard, project manager, said the Corps is still assessing the impact of alternatives. The agency will release its draft EIS sometime in the fall, which will include a preferred alternative. A fi nal EIS and Record of Decision could be fi nished by 2024. The last time an EIS was done for the Willa- mette Project was in 1980, Wingard said. Since then, the project’s demands have changed substantially. “Really, we’re re-look- ing at how we balance the diff erent priorities for the system,” Wingard said. Last year, irrigators gained access to 328,000 acre-feet of water stored in the project’s reservoirs, part of a reallocation plan that divvied 1.6 million acre-feet of water among farmers, cities and fi sh and wildlife. But Kathy Warner, a technical expert and water supply specialist for the Willamette Project EIS, said changes in dam oper- ations could mean changes in timing and availability of water for irrigation. Agri- culture, she said, is part of Corps’ analysis of the alternatives. “Each of these alterna- tives could have a diff erent level of impact, or eff ect,” Warner said. “They’re look- ing at the diff erent ways the system could operate.” Judge refuses to dismiss lawsuit over cherry patent infringement By MATEUSZ PERKOWSKI Capital Press A federal judge has refused to dismiss the Cana- dian government’s lawsuit against several Washington farms that it alleges infringed on a cherry tree plant patent. The farming operations — Van Well Nursery, Mon- son Fruit Co., and Gordon and Sally Goodwin — hav- en’t proved the Canadian government’s patent for Staccato cherries is invalid, according to Chief U.S. Dis- trict Judge Stanley Bastian in Spokane, Wash. The cherry cultivar is con- sidered to provide a market advantage to farmers because it matures after other com- mon varieties in late summer. There are still too many factual uncertainties over the plant patent for the case to be decided as a matter of law, which is known as summary judgment, the judge said. “In this case, the court fi nds that genuine disputes of material fact preclude summary judg- ment on the issue of patent invalidity.” In 2020, the Canadian Minister of Agriculture and Agri-food fi led a law- suit against the defendants, claiming that Van Well Nurs- ery had transferred Staccato cherry trees to Gordon Good- win contrary to a license with its agricultural research and development center in British Columbia. The complaint alleged that Goodwin patented a new cul- tivar called Glory that’s genet- ically indistinguishable from Staccato, which was delivered to Monson Fruit for the propa- gation of “hundreds of acres” of trees. Goodwin has said that Glory trees are distinct from the Staccato variety, and the defendants have argued in court that the Canadian gov- ernment’s patent is invalid and unenforceable, justifying a dismissal of the lawsuit. Specifi cally, the farms argue that under the law at the time, the Canadian gov- ernment disqualifi ed the Stac- cato trees from a plant patent because it had been off ered for commercial sale more than a year before the patent application. The defendants claim the patent would have been denied if the Canadian government hadn’t “withheld critical infor- mation” from U.S. authorities about testing agreements for the trees, the judge said. breeds. The benefi ts of using light control to improve off -sea- son breeding are immense, said Cameron. According to data from more than 150 farms from 2003 to 2010, fertility rates under the pro- tocols are 89% to 90% for females. Light-treated rams also become better breed- ers, and photoperiod pro- tocols are associated with increased litter size across all breeds. More importantly, farm- ers who have a year-round supply of fresh meat or milk can access markets — often with higher prices — than those tied to the seasonal patterns. Under a photoperiod plan, farmers use artifi cial light exposure to signal to sheep what is a “long day” — usually 16 to 20 hours of light — versus a “short day” — generally 8 to 12 hours of light. The “long day” treatment must come fi rst and last a minimum of three months. During this time — typically between October to Febru- ary — the farmer exposes the sheep to 16 or more hours of light per day, which synchronizes the females’ reproductive systems. The long day treatment must immediately be fol- lowed by a “short day” treat- ment, also lasting at least three months, during which the farmer exposes the sheep to less daily light. The ideal gap between short and long days is 8 hours, but 6 hours is min- imum. In other words, if a farmer exposed sheep to 12 hours of light during short days, the farmer should ide- ally expose the sheep to 20 hours of light during the long days. For the protocol to work, sheep must be able to rest in total darkness during the night. The technique can result in lambings every 40 to 60 days. The protocols can be adapted to fi t either animals living in a closed barn or those with access to the out- doors and daily exposure to natural light. The technique can also be adapted for other small ruminants. Cameron estimated pho- toperiod protocols cost about $2 to $3 per head per year. If the protocols are applied incorrectly, how- ever, sheep can experi- ence a drop in fertility, body condition score and milk production. For that reason, Cameron advises farmers to do thorough research before starting a program. Washington Supreme Court lets stand $18M fi ne against food makers By DON JENKINS Capital Press OLYMPIA — The Washington Supreme Court has upheld a record $18 million fi ne against a food industry trade group for campaign fi nance reporting violations com- mitted in 2013. The Grocery Manu- facturers Association, now called the Consumer Brands Association, was fi ned for not reporting the names of its members that contributed $11 mil- lion toward defeating a GMO-labeling initiative. In a 5-4 ruling, the majority on Jan. 20 rejected claims that the penalty was unconstitu- tionally excessive. The court said the fi ne could be based on the amount the association concealed from disclosure. Dissenting justices said the trade group was guilty of reporting violations and that the amount of money involved was irrelevant. In a statement, Con- sumer Brands said it will will pursue all legal options, including peti- tioning the U.S. Supreme Court. “The state’s legal pro- cess has been tainted by partisan politics, and the ruling in this case will chill core political speech by legitimate organiza- tions based on their view- points,” said Stacy Papa- dopoulos, general counsel and senior vice president of operations and initiatives. Attorney General Bob Don Jenkins/Capital Press Washington Supreme Court Ferguson said the ruling was a “complete and total victory for Washington state.” “More importantly, this is a victory for fair and transparent elec- tions in Washington, and a defeat of special interest dark money,” he said on Twitter. The fi ne is by far the largest ever in the U.S. for campaign fi nance vio- lations, topping the $3.8 million levied by the Fed- eral Elections Commission against the Federal Home Loan Mortgage Corp. in 2006. The case drew inter- est from business orga- nizations, including the Washington Farm Bureau, which said in an amicus brief that the unprece- dented penalty would chill political speech by trade groups. In a previous ruling, the state Supreme Court had upheld the associ- ation’s conviction. The trade group reported itself as the source of campaign funds, but did not initially list individual companies. The trade group had hoped to shield its members from threats and boycotts by anti-GMO activists. At issue Thursday was whether the $18 million fi ne violated the Eighth Amendment’s prohibition on excessive punishments. The association argued that at most it should be fi ned $622,800, a calcu- lation based on the num- ber of incomplete and late reports. Writing for the major- ity, Justice Steven Gon- zalez said the Thur- ston County judge who imposed the $18 million fi ne was justifi ed in look- ing beyond the number of reporting violations, including the amount of money involved. “The (association’s) off ense struck at the core of open elections,” Gonza- lez wrote. Justices Susan Owens, Mary Yu, Raquel Montoya-Lewis and G. Helen Whitener signed the opinion. “If you’re not at the table then you’re on the menu.” To ensure OCA is representing your interests accurately, we rely on the voice of membership. Oregon’s cattle industry has a story to tell and when various voices unite we are loud, we are strong, and we are hard to ignore. Become a member today for updates, resources and a united voice at the table with elected officials and regulatory agencies. If you’re a rancher, allied business, or industry supporter Learn More & Join at www.orcattle.com S278485-1