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CapitalPress.com
Friday, March 18, 2022
9th Circuit rejects third
lawsuit against barred
owl removal experiment
By MATEUSZ PERKOWSKI
Capital Press
A federal appeals court
has again rejected arguments
that an experiment aimed at
removing barred owls to help
threatened spotted owls runs
afoul of environmental laws.
Lawsuits filed by the
Friends of Animals nonprofit
have repeatedly tried to stop
the barred owl removal exper-
iment since the U.S. Fish and
Wildlife Service approved the
project nearly a decade ago.
The 9th U.S. Circuit
Court of Appeals has now
affirmed the dismissal of the
group’s third complaint, which
claimed that “safe harbor”
agreements with landowners
participating in the experiment
violated the Endangered Spe-
cies Act.
“We hold that this experi-
ment will produce a ‘net con-
servation benefit’ under the
plain language of the ESA’s
implementing
regulations
because it allows the agency to
obtain critical information to
craft a policy to protect threat-
Mateusz Perkowski/Capital Press
Wine climatologist Greg Jones, left, and geologist Kevin Pogue spoke at the Ore-
gon Wine Symposium March 9 about climate change implications.
Climate change means adapting,
expanding for Oregon vineyards
LEGAL
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PENNY & ERIC GUNDERSON
UNITED TRADES FCU
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ALLEN L & AMPARO MENDENHALL
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following vehicle will be sold,
for cash to the highest bidder, on
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at 10:00am by
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SYRIE A & ANDREW M MC GUIRE
wheat can become suscep-
tible. That’s the main reason
he identifies races and tracks
their distribution.
Collaborators outside the
Pacific Northwest also col-
lect and send rust samples to
Chen. Rust in the eastern U.S.
is generally uniform, with just
a few races, Chen said.
In the western U.S., he
said, many different races
show up.
While stripe rust hasn’t
appeared in Eastern Wash-
ington, it has in Western
Oregon.
Stripe rust was spotted
in October-planted fields of
the soft white winter wheat
Rosalyn in Oregon’s Willa-
mette Valley, near the town
of Independence, said Ryan
Graebner, Oregon State Uni-
versity cereal extension sci-
entist, in an email to growers.
Chen said that’s to be
expected, because Western
Oregon and Western Wash-
ington are wetter than East-
ern Oregon and Eastern
Washington. Stripe rust is
always present on the western
side of the region, he said.
“The control strategy is
basically the same every year:
grow resistant varieties and
always spray fungicides in
the fields planted with mod-
erately susceptible and sus-
ceptible varieties in the early
spring with herbicide and also
in the late season,” he said.
Chen will release his next
report in April.
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following vehicle will be sold,
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GM FINANCIAL
S285220-1
Notice is hereby given that a public hearing will be held pursuant to ORS
576.416 (5), on Thursday, April 14, 2022 at 10:00 a.m., at the White Buffalo
Bistro, 4040 Westcliff Drive, Hood River, Oregon, upon a proposed budget
for operation of the Mint Commission during the fiscal year July 1, 2022
through June 30, 2023. At this hearing any producer of Oregon Mint oil has
a right to be heard with respect to the proposed budget, a copy of which is
available for public inspection, under reasonable circumstances, in the office
of each County Extension Agent in Oregon. For further information, contact
the Oregon Mint Commission business office, P.O. Box 3366, Salem, Oregon
97302, telephone 503-364-2944. The meeting is accessible to persons with
disabilities. Please make any requests for an interpreter for the hearing
impaired or for other accommodation for persons with disabilities at least 48
hours before the meeting by contacting the Commission office at
503-364-2944.
S285878-1
Stripe rust is getting a late
start in Eastern Washington,
a plant pathologist says.
So far, stripe rust has not
been found in the region’s
wheat fields, USDA Agricul-
tural Research Service plant
pathologist Xianming Chen
said in his report.
Chen and his team
checked fields in Whitman,
Adams, Lincoln, Grant and
Douglas counties in Novem-
ber and Whitman, Garfield,
Columbia, Walla Walla,
Benton, Franklin and Adams
counties March 1 but did not
find rust.
Chen predicts stripe rust
will be in the “moderate”
range of 20-40% yield loss
for the 2022 growing season.
Computer models pre-
dict highly susceptible wheat
varieties will have 33% yield
loss and susceptible and
moderately susceptible vari-
eties will likely have 10-24%
yield losses, Chen said.
Last year’s drought meant
few rust spores were in East-
ern Washington, Chen told
the Capital Press. Cold spells
the last week of December
and the week of Feb. 27 also
reduced rust inoculum.
Early fun-
gicide appli-
cations are
not recom-
mended,
Chen said.
“If
we
Xianming
apply
too
Chen
early, that’s
just a waste
of chemicals,” Chen said.
An application at the
wheat’s flag-leaf stage may
be necessary for susceptible
and moderately susceptible
varieties.
Chen’s team didn’t iden-
tify any new races of stripe
rust in 2021, though the fre-
quency of some of them
increased from the previous
year, he said.
“Not seeing new races is
a good sign,” Chen said. “In
the last several years, we usu-
ally see one or two or three.
Some years we see a lot. But
in recent years, we’ve seen
fewer new races.”
New races occur mostly
through mutations.
A new race isn’t necessar-
ily a threat. Some new races
can become dominant, but
others show up briefly and
disappear.
If new races show up
more often, then a previ-
ously resistant variety of
By MATTHEW WEAVER
Capital Press
LEGAL
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following vehicle will be sold,
for cash to the highest bidder, on
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ROYAL MOORE SUBARU
S285222-1
NOTICE OF OREGON MINT COMMISSION
BUDGET HEARING - TO: ALL OREGON MINT GROWERS
ernment can harvest timber
in areas where spotted owls
have newly settled due to the
removal of barred owls.
The plaintiff argued these
agreements didn’t meet the
ESA’s requirement that “safe
harbor” only be provided for
a “net conservation benefit” to
the protected species.
However, the 9th Circuit
has now agreed with an ear-
lier court ruling that collect-
ing research data qualifies as
a “net conservation benefit,”
even if it doesn’t directly cause
spotted owls to recover.
The 9th Circuit said the
federal government prop-
erly identified “baseline sites”
that were inhabited by spot-
ted owls before the experi-
ment began. These “baseline”
areas cannot be logged under
the “safe harbor” deals.
Logging can occur if spot-
ted owl sites are unoccupied
for three to five years under
the “safe harbor” agreements
— there’s no legal require-
ment for them to be perma-
nently “abandoned,” the 9th
Circuit said.
Stripe rust likely to get a
late start, researcher says
S285215-1
S285210-1
LEGAL
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CHAPTER 87
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following vehicle will be sold,
for cash to the highest bidder, on
03/21/2022. The sale will be held
at 10:00am by
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RODOLFO SANTOYO SILVA
CREDIT ACCEPTANCE
said Kevin Pogue, a geolo-
gist at Whitman College in
Walla Walla, Wash.
By 2040, new areas
in Eastern Oregon are
expected to surpass the
necessary
180
frost-
free days per year to
plant vineyards, Pogue
said.
For example, only
about 100 vineyard acres
are planted on the Oregon
side of the Snake River
Valley, but it’s likely to see
further viticulture expan-
sion, he said.
Peaches are already
grown near the north fork
of the John Day River,
which means the area
is hospitable to grapes,
Pogue said.
Due to temperature
inversions, valley floors
are often colder in Eastern
Oregon than on hillsides,
within a “thermal belt”
that’s capable of produc-
ing grapes, he said.
Areas above or below
those thermal belts would
remain too susceptible to
freezes, meanwhile.
“We need to look for
these thermal belt areas,”
Pogue said.
Water rights in the
region tend to be avail-
able along valley floors,
so they’d need to be trans-
ferred for irrigation, he
said. However, grapes are
less thirsty than alfalfa
and other crops commonly
grown there.
“The upside is if we
replace corn with grapes,
we don’t need as much
water,” Pogue said.
S285217-1
PORTLAND — Ore-
gon’s wine industry is
heading into uncharted ter-
ritory as temperatures rise
in coming decades, but the
impact is more likely to
be manageable than disas-
trous, experts say.
“We are not at the prec-
ipice of failure. Winemak-
ing and viticulture are not
going away here. We’re
going to make the changes
we need,” said Greg Jones,
a wine climatologist, at the
Oregon Wine Symposium
in Portland on March 9.
Oregon’s climate has
already changed markedly
since the 1950s and 1960s,
when people would have
been “nuts” to plant vine-
yards in the state, he said.
“The weather and cli-
mate weren’t very condu-
cive to what we’re doing
today,” said Jones, CEO of
Abacela Winery near Rose-
burg, Ore.
On average, Oregon’s
temperature has risen by
2.2 degrees Fahrenheit
since 1895, while mod-
els predict an increase of
another 2 to 6 degrees by
mid-century if current
trends continue, he said.
“We’re moving away
from anything we’ve
known historically into
something very different,”
Jones said.
Grape growers will lack
experience in growing cur-
rently popular varieties in
those higher temperature
ranges, he said.
To an extent, they can
cope with changes in man-
agement, such as planting
on cooler northern slopes
or growing more expan-
sive leaf canopies to pro-
tect grapes, he said.
After a certain “tipping
point,” though, the indus-
try may have to examine
switching to more heat-re-
sistant grape cultivars,
Jones said.
There are about 5,000
varieties with which the
wine industry has little to
no experience, he said.
The industry will
likely encounter differ-
ences in the timing and
severity of pest threats,
as well as compressed
harvest periods, he said.
Parts of Oregon will
actually be able to intro-
duce or expand grape
production where it’s
currently limited by a
short growing season,
S285219-1
By MATEUSZ PERKOWSKI
Capital Press
ened or endangered species,”
the 9th Circuit said.
Northern spotted owls
were listed as a threatened spe-
cies more than three decades
ago, resulting in strict fed-
eral logging restrictions, but
their population has contin-
ued to fall due to competi-
tion from barred owls. Friends
of Animals opposed killing
barred owls but that portion of
the study is now largely con-
cluded after more than 3,000
of them were shot in several
areas along the West Coast.
Populations of spotted
owls stabilized in areas where
barred owls were removed
but decreased by 12% a year
where the competing species
remained, according to a study
published last year by federal
agencies, universities and oth-
ers. However, Friends of Ani-
mals remains concerned about
the “safe harbor” agreements
that shield landowners from
liability under the Endangered
Species Act.
Under those deals, sev-
eral private forestland own-
ers and Oregon’s state gov-
S283042-1
