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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (April 28, 2017)
3A THE DAILY ASTORIAN • FRIDAY, APRIL 28, 2017 Conflict brewing between oyster farm, Tillamook dairies By MATEUSZ PERKOWSKI EO Media Group A federal judge has dis- missed a lawsuit accusing Ore- gon regulators of allowing dair- ies to contaminate Tillamook Bay to the detriment of an oys- ter company. However, the underly- ing conflict isn’t going away and the case is expected to be revived in the near future. Last year, the Hayes Oys- ter Co. filed a complaint argu- ing the state Department of Environmental Quality insuffi- ciently regulated fecal coliform bacteria from dairies in the Til- lamook area. Due to the low threshold of allowable bacteria levels in shellfish waters, the state’s reg- ulatory shortfall has greatly reduced harvests on Hayes’ 600 acres of oyster plats in the bay, the lawsuit said. Oyster harvesting is entirely prohibited on about 250 of those acres and closed for extended periods on the remaining 350 acres, according to the complaint. U.S. Magistrate Judge John Jelderks has now dismissed the case, ruling that it should have been filed in state court rather than federal court. Thomas Benke, attorney for the Hayes Oyster Co., said he’s preparing to refile in an Oregon court soon. Benke said the Depart- ment of Environmental Qual- ity wrongly assumes that per- mits issued to confined animal feeding operations by the state Department of Agriculture actually prevent the discharge of bacteria into surface water. But since bacteria are none- theless released into rivers, the Department of Environmen- tal Quality has “sanctioned a pollution easement across the entire bay by the dairy farms,” he said. The Hayes Oyster Co. has been unable to harvest oysters during eight of the past 10 hol- iday seasons due to high river flows that are associated with ele- vated bacteria levels, said Jesse Hayes, the company’s president. Jesse Hayes Bags of oysters are pulled from Tillamook Bay before they’re graded and packaged by a worker with the Hayes Oyster Co. The company contends that state regulators have allowed bacteria discharged from dairies to greatly diminish its oyster harvest. After heavy rains, the com- pany must routinely wait until 10 high tides wash out the estu- ary to resume harvesting, he said. “You can’t imagine how frustrating that is.” Hayes argues the manure generated by dairies in the region exceeds what can safely be applied to fields. “If you take the amount of dairy waste, there is not enough room for it,” he said. The goal of Hayes’ law- suit is for the Department of Environmental Qual- ity to recognize that animal feeding permits aren’t ade- quately controlling bacteria and to tighten manure man- agement practices to stop water contamination, said Benke. Another possibility would be for wastewater plants in the region to pay dairies to reduce pollution, rather than be sub- jected to stricter discharge con- trols by the state, he said. “It’s intended to create a sit- uation where the citizens of Til- lamook encourage farmers to abate their fecal coliform con- tribution to the estuary,” Benke said. Chad Allen, president of the Oregon Dairy Farmers Associ- ation, bristled at the notion that dairies are under-regulated. Manure can only be applied to fields at agronomic rates needed to grow crops, which is conceal carry permit classes May 3 rd 1pm and 6pm BEST WESTERN 555 Hamburg Ave, Astoria, OR subject to oversight by regula- tors, said Allen, who farms in the Tillamook area. To compare, crop farmers aren’t subject to restrictions on synthetic nitrogen, he said. Dairy farmers have also vol- untarily fenced miles of streams to keep cattle out and planted vegetation in riparian areas to keep streams cool, Allen said. “Dairymen here in Tilla- mook take it extremely seri- ous,” he said. “We’re not going to survive in this estuary if we can’t show we can co-exist.” Reducing the amount of manure on fields would basi- cally mean decreasing the num- ber of dairy cows in the region, said Troy Downing, an Ore- gon State University dairy specialist. If dairy operations ceased operating, pastures could still be stocked with other livestock that also produce manure, he said. Septic systems, horses and wildlife also contribute to fecal coliform bacteria, Downing said. “That’s part of people liv- ing here in the valley.” Though manure levels are applied at rates aimed at pre- cluding discharge, it is possi- ble for some bacteria to get into water, said Wym Matthews, manager of the Department of Agriculture’s animal feeding program. “The field is a treatment sys- tem and it’s not as highly con- trolled as a factory would be,” he said. Even so, farmers are required to change their waste management plans if per- mit conditions are found to be insufficient, Matthews said. “The plan is very specific for each individual farm,” but none are allowed to discharge, he said. Genetic tests have shown the source of fecal coliform bacte- ria in the Tillamook region is most commonly human in pop- ulated areas while ruminants are the more common source in rural areas, said York Johnson, North Coast basin coordinator for the Department of Environ- mental Quality. Over time, though, statis- tically significant decreases in bacteria levels have been doc- umented in the Wilson, Kilchis and Tillamook rivers, which feed into the bay, he said. “In general, we’re see- ing improvement,” Johnson said. “We’re making progress toward our goal.” For Astoria Port Commission #2 Every voter in Clatsop County has three votes to cast for the Port Commission. I ask for your vote and to join me in voting for J AMES C AMPBELL $45 Oregon-only $80 multi-State (Oregon included no-fee) and Required class to get an Oregon or multi-State permit. 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