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Judge approves Evergreen sale to Jackson Family Wines

Capital Press Agriculture News Oregon -

MCMINNVILLE, Ore. (AP) — A federal bankruptcy judge has approved the sale of two buildings on the former Evergreen International Aviation campus in McMinnville to Jackson Family Wines.

The California wine giant has been adding property in the Willamette Valley, and the company noted in a statement that the Evergreen site is convenient to its vineyards. The firm added that its long-term plan includes the development of a wine production facility.

Jackson Family Wines submitted the high bid of $4.6 million in October. The Yamhill Valley News-Register reports that approval was delayed because of a dispute about road and utility easements.

Conservation groups protest refuge occupation — in Portland and Boise

Capital Press Agriculture News Oregon -

PORTLAND, Ore. (AP) — With the armed takeover of a national wildlife refuge in southeastern Oregon in its third week, Ammon Bundy and his group are still trying to muster up broad community support — so far without much luck.

Bundy has drawn a lot of attention to the dissatisfaction of ranchers and local townsfolk with federal land-use policies in the West. But the occupation of the Malheur National Wildlife Refuge has also begun to result in pushback from others who use public lands — birders, hunters and hikers, among others.

Here are some things to know about how conservation groups are trying to rally public pressure on Bundy to leave, and what Bundy is doing to try to win more sympathizers.

GROWING PUSHBACK AGAINST THE OCCUPATION

On Tuesday, several hundred people rallied in Portland — about 300 miles north of the remote refuge in southeastern Oregon — to demand Bundy end the occupation and to point out that federal management makes it possible for all kinds of people to enjoy public lands.

Protesters chanted “Birds, Not Bullies,” a reference to the Malheur refuge’s creation in 1908 as a preserve and breeding ground for native birds. The rally was organized by Oregon Wild, Portland Audubon and the Center for Biological Diversity.

“This occupation represents a threat to public lands,” said Bob Sallinger with the Audubon Society. “These are not political statements. These are crimes.”

In Boise, more than 100 people attended a similar protest Tuesday in front of the Idaho Capitol. Ann Finley, a member of the Great Old Broads for Wilderness, said that the refuge is a special place.

“I love our free lands, and we’re out here today stepping out and saying those lands should remain public,” Finley said.

Conservation groups have also shown up at the refuge itself to demand that Bundy and his followers leave, and last weekend got into a shouting match with Bundy’s group.

BUNDY’S COMMUNITY OUTREACH

Bundy has had trouble winning many friends who aren’t militants, or even finding a place where he could spell out his views to people living near the refuge. His plans to hold a community meeting at the local fairground tanked when Harney County said he couldn’t hold it there.

Still, Bundy isn’t giving up. On Monday night, Bundy held a meeting at a hot springs resort near Crane, Oregon, where he tried to persuade 30 or so ranchers to stop paying the federal government to graze their cattle on public lands. It does not appear he persuaded many to follow his advice.

WILL PUSHBACK BY CONSERVATION GROUPS HAVE ANY IMPACT?

Bundy’s most fervent supporters — those holed up inside headquarters of the wildlife refuge — continue to be militants from outside Oregon. Bundy has demanded federal lands in Harney County be handed over to locals. While many local residents want Bundy and his group to leave, they also back his views on federal land policies. Bundy’s game plan may be to continue to try to win local support and to draw as much attention as possible to his complaints against the federal government.

The small, armed group Bundy leads has said repeatedly that local people should control federal lands. Bundy has repeatedly told reporters the group would leave when there was a plan in place to turn over federal lands to locals — a common refrain in a decades-long fight over public lands in the West.

At a Tuesday news conference, Bundy said “we’re not going anywhere” until his group gets its goals accomplished.

WHAT’S LAW ENFORCEMENT DOING ABOUT THIS?

The situation at the refuge is being carefully monitored by FBI agents sent to the area, by Oregon State Police and by the local sheriff. Last week, the first arrest related to the occupation came when a militant driving a vehicle belonging to the refuge drove 30 miles into Burns to buy groceries. He was arrested on probable cause for unauthorized use of a motor vehicle. Bundy’s group has been using federal vehicles on the refuge. If they drive them off the refuge, they can probably count on being arrested.

———

AP reporters Gosia Wozniacka in Portland and Kimberlee Kruesi in Boise contributed to this report.

Aerial applicator’s license suspension unwarranted, judge says

Capital Press Agriculture News Oregon -

An administrative law judge has found that Oregon’s farm regulators weren’t justified in yanking the license of an aerial pesticide applicator accused of endangering the public.

In September 2015, the Oregon Department of Agriculture suspended the pesticide applicator’s license of Applebee Aviation of Banks, Ore., and fined the company $1,100 for allegedly spraying chemicals in a negligent manner.

Over the following months, the agency revoked the company’s license for five years and increased the penalties to $160,000 — with another $20,000 in fines tacked on for its owner, Mike Applebee — as it learned the company repeatedly conducted spray operations even after its license was invalidated.

However, the “preponderance of the evidence” doesn’t substantiate ODA’s allegation that Applebee Aviation posed a “serious danger to the public health or safety,” as is required to suspend a license without a hearing, according to Senior Administrative Law Judge Monica Whitaker of Oregon’s Office of Administrative Hearings.

Emergency license suspensions are an “extreme remedy,” but ODA’s findings of misconduct — such as workers handling pesticides without proper protective equipment — were largely based on the allegations of only one former employee, Darryl Ivy, Whitaker said.

The administrative law judge said the agency’s heavy reliance on Ivy’s accusations was “inherently problematic.”

Ivy quit his job with Applebee Aviation in April 2015 and went public with claims that he was exposed to herbicide spraying overhead that caused mouth blisters and a swollen airway, triggering an investigation by ODA and the Oregon Occupational Safety and Health Division.

While an ODA investigator cited photos taken by Ivy to support the agency’s conclusions, “the photos were not authenticated” and Ivy wasn’t called as witness to the evidence, Whitaker said.

For example, photos of residue on a truck windshield, which ODA accepted to be a pesticide spray mixture, could have been “soap residue” because the substance was never tested, she said.

The former employee’s “mere assertions” aren’t sufficient to establish the allegations against Applebee Aviation without further verification, Whitaker said. “It is equally as likely the photos were staged and taken at a different date, time and location.”

Whitaker has issued an order proposing that the original license suspension and civil penalty against the company be reversed, though those sanctions remain in place until ODA makes a final decision.

At this point, the administrative law judge’s proposed order is a recommendation to the ODA. The agency’s director, Katy Coba, will issue the final order, which Applebee Aviation can legally challenge if the company disagrees with her conclusions.

“As we speak, we’re mulling over the options,” said Bruce Pokarney, communications director for ODA, noting that the agency can’t comment on the proposed order’s findings.

Robert Ireland, Applebee Aviation’s attorney, said the administrative law judge’s proposed order calls into question whether ODA can fine the company and its owner $180,000 for disobeying a license suspension that wasn’t warranted.

Mike Applebee, the owner, was away from the office when the original suspension was issued, which is why some operations continued, Ireland said.

The ODA is under pressure from environmental groups to step up its enforcement of pesticide rules, which is why the agency has made a “political” case against Applebee Aviation, he said.

Bundys urge Oregon ranchers to cancel grazing contracts

Capital Press Agriculture News Oregon -

The militants occupying the Malheur National Wildlife Refuge asked Harney County ranchers at a meeting Monday night to cancel their leases with the federal government.

The three-hour meeting took place just outside Crane, Ore., at a hot springs resort.

Ammon and Ryan Bundy, the leaders of the occupation, said they wanted to make Harney County an example of a place free from the federal government.

“The opportunity is now, and the place is Harney County,and you are the people,” said Ammon Bundy. “They’ll never be an opportunity like this again.”The start of the meeting was not unlike a pitch for a timeshare.

The lights dimmed and on came a short film with dramatic music. But rather than white sandy beaches, the projected images depicted dramatic landscapes of the American West.

In the nearly three hours that followed, the Bundys and a few of their core supporters lead a room of largely Harney County ranchers through a presentation.

At times it took on the tone of a civics lesson — one that included readings from pocket Constitutions distributed beforehand. At other times, speakers seemed to invoke the fiery passions of a preacher delivering a sermon from the pulpit.

Then came the hard sell. The militants occupying the Refuge asked Harney County ranchers to tear up their leases with the Bureau of Land Management and stop paying the federal government to graze cattle on public land.

“I’ve done it. Cliven Bundy’s done it,” said LaVoy Finicum, an Arizona rancher and the militants’ defacto spokesman. “Now is the day. Now is the time. Are you going to wait for tomorrow? For next week? Next month? Next year? When? When will you stand up if not now?”

Roughly 75 percent of Harney County is federal land. And just more than 10 percent of people who work in the county are employed by the federal government.

Finicum invited the ranchers to cancel their leases with the BLM at a ceremony before the media at the refuge on Saturday. He said two ranchers, one from New Mexico and another from Harney County, are scheduled to void their contracts publicly.

“I promise, that if you stand, others will stand with you,” Finicum said. “If you stand, God will stand with you. But God cannot stand with you if you do not stand.”

The leaders of the armed occupation described how 25 years ago Cliven Bundy stopped communicating with the BLM. Ryan Bundy went on to emphasize his view that breaking away from the federal government means ranchers wouldn’t have to follow federal laws, like the Endangered Species Act.

“You know how many endangered species we’re dealing with on our ranch right now?” Bundy asked. “Zero, because it doesn’t matter anymore.”

LaVoy and the Bundys also acknowledged their proposition is risky. They said any rancher who joined them would get protection from the armed militants led by Payne.”We are here temporarily to defend you,” Ammon Bundy said. “Eventually, you’ve got to get unified enough to started defending yourselves.”

As the militants announced the meeting was ending, local resident Scott Franklin, stood up and entered a tense exchange with the Bundys.

“I’m a fourth generation rancher,” he said. “I’m going to ask you a question. Are we a nation of laws?”

“No,” said Ryan Bundy.

“We’re not?” Franklin replied. “So, we just break laws all the time, and that’s OK?” “We are a nation of laws, and this law is the one being broken,” Ryan Bundy said, tapping his pocket-sized copy of the Constitution. “And this law is the supreme law of the land.

“In the end, who decides what the Constitution says? The Supreme Court,” Franklin said. That comment was met with a chorus of “Nos” from some audience members.

“I’m saying, I’m not going to fight an uphill battle that’s not going to be won,” Franklin said. “You’re asking us to give up everything for this rebel cause.”

Some ranchers were more receptive to the Bundys’ message. They spoke of their frustration with the environmental regulations on BLM land, and their belief that the Malheur National Wildlife Refuge wants to grow by acquiring ranches.

Buck Taylor runs cattle on about 200,000 acres of land, including private land, BLM allotments and land in the refuge. After listening to the presentation, Taylor said he was considering the Bundys’ proposition, but thought there should be more meetings to discuss it.

“I am drinking the Kool Aid,” he said. “I haven’t swallowed it yet. I am open to the idea.”

Dwane Schrock, who ranches on private land near Crane, Oregon, also walked away with a positive impression.”It was good; very informational,” he said. “People need to be educated. If they’re not educated, they’re not going to know what’s going on.”

After the meeting, Franklin, the rancher who’d spoken against the proposition, said he was ready for the Bundys to go. He said he has relatives who work for the BLM, and he was struggling to keep his family calm.

“I know that the refuge is never going to be in private hands,” he said. “Are they going to Yosemite? Are they going to Yellowstone? Where else are they going to do this?”

Speed limits to increase on some Oregon highways

Capital Press Agriculture News Oregon -

THE DALLES, Ore. (AP) — Drivers in some areas of central and eastern Oregon will be allowed to travel at higher speeds under a new bill set to take effect in March.

KGW-TV reports that the law sets speeds 5-10 mph faster in certain areas starting March 1.

The speed limit will increase from 65 mph to 70 mph on Interstate 84 between The Dalles and the Idaho border.

Speed limits will also go up on other highways in central and eastern Oregon, including portions of U.S. 20, U.S. 95 and OR 78.

Shop supervisor’s creations power ag center’s experiments

Capital Press Agriculture News Oregon -

Winter is a time of relative calm at the Columbia Basin Agricultural Research Center. It will likely be months before scientists can return to the fields and begin recording data from their experiments.

In his shop around back of the station, Paul Thorgersen is busy as ever. The smell of diesel fuel lingers in the air as Thorgersen and Duane Davies finish overhauling tractors for the coming season. Thorgersen plans to build a new no-till seed drill sometime later this month, along with anything else staff might need before the weather turns.

As the maintenance and equipment supervisor at CBARC, part of Thorgersen’s job is tinkering with machinery and coming up with designs that help researchers work better, faster. Farmers depend on the station to help them grow healthier crops, and Thorgersen is the “mad mechanic” behind the scenes.

Whether it’s a specialized drill or modified rig for spraying fertilizer, scientists let Thorgersen know what they need and will usually give him free rein to bring the creations to life.

“They’ll bring me their idea, and it’s my job to figure out how to build it,” he said. “Sometimes they bring plans, sometimes they don’t. It’s a great challenge.”

On a cold, rainy Tuesday, Thorgersen put the finishing touches on metal shelving welded from scratch. These shelves will hold long-term soil samples taken from the fields, to be stored in two empty shipping containers after mice started causing problems in a nearby barn.

Thorgersen, 61, grew up in Pendleton and taught himself much of what he knows about handiwork. He learned basic carpentry from his father, and as a kid got into small motors by taking apart lawn mowers.

Thorgersen got his first truck, a 1957 Chevy pickup, when he was 14. The rig had a blown head gasket and bad clutch, but Thorgersen and friends soon got it running.

“I can’t remember not mechanicing,” he said. “I enjoy working with my hands.”

Thorgersen never went to school for mechanics. He spent 19 years working for John Deere, and eventually worked his way up to shop foreman and head combine mechanic. Thorgersen briefly started his own business, Paul’s Combine Repair, before moving on to the maintenance shop at CBARC.

CBARC is one of several agricultural research stations operated by Oregon State University around the state. The Pendleton station is located several miles north of town, and is dedicated to helping local wheat growers adopt new practices that increase production while lowering cost.

Thorgersen is in charge of all buildings and vehicle repairs on campus, including two greenhouses and a fleet of 13 tractors. The sheer variety of work is more than enough to stay busy year round, he said, but it’s his ability to turn obsolete equipment into something new that gets him most excited.

“The designing and putting it all together is something I really enjoy,” he said.

One of his recent designs started out as federal surplus — a truck previously used by Army for transferring jet fuel. With some alterations and elbow grease, Thorgersen retrofitted the rig to carry three large fertilizer tanks, making it easier to pump and carry bulk chemicals.

Thorgersen also recently built his first no-till seed drill, which posed another set of challenges. Most drills struggle to penetrate down into untilled dirt, he said, becoming nothing more than a big hay rake. But with the right adjustments, he was able to make it work.

“There’s so much to do,” he said. “That’s probably the best part of my job. It’s so diverse. I don’t have to talk myself into coming into work every morning.”

Thorgersen has help servicing tractors and combines in the winter, but otherwise is a one-man operation. His shop is a tinkerer’s dream, with spare parts hanging off the walls and smaller hand tools carefully organized around the garage. The goal for now is to make sure all equipment is in good working shape by the time spring rolls around, he said.

“I’m kind of out of sight, out of mind, but when things break, you know exactly where I am,” he said with a laugh.

Thorgersen said there’s always something new, especially given the pace of technology in the farming industry. Just modifying equipment to meet the scientists’ needs is a really big deal, he added.

“The people I work with are great. They’re very supportive,” he said. “Once we’re on the same page, it’s single vision. Their goals are my goals. We reach a common vision, and away we go.”

Refuge rallies planned for Tuesday

Capital Press Agriculture News Oregon -

Call it a protest of the protest.

Environmental groups and public land advocates will hold a series of loosely coordinated rallies across the state on Tuesday in support of the Malheur National Wildlife Refuge, which has been occupied by militia members protesting the federal government since Jan. 2.

What started as an outcry over the sentencing of two Harney County ranchers convicted of starting fires on public lands has morphed into a broader conversation about the government’s role in land management across the West. Militants say they want the feds to turn over the wildlife refuge near Burns to local control so it can be opened up to more ranching.

Arran Robertson, spokesman for Oregon Wild, defended public lands as a safe haven for wildlife habitat, clean waters and recreation. One thing lost in the narrative, he said, is how local stakeholders have collaborated on management solutions that balance competing interests.

Tuesday’s rallies are meant to shine a light on collaboration, while steering the conversation away from radical viewpoints that Robertson said have dominated the headlines. The Hells Canyon Preservation Council will host a pro-public lands potluck at their offices in La Grande.

“There’s a lot of positive things that come out of our national public lands,” Robertson said. “There’s actually a lot of coming together and trying to work out differences in the same room.”

Robertson pointed to Oregon Wild’s participation in the Blue Mountains Forest Partners, focusing on the Malheur National Forest in Grant and Harney counties. In particular, he said they joined with industry leaders to save the Malheur Lumber Co. mill in John Day after it closed in 2012.

“I think (the occupation has) set us back,” he said. “It’s driving a wedge between people trying to come together.”

Mark Webb, executive director of the Blue Mountains Forest Partners, said it wasn’t easy getting to this point. He remembers after the group first came together in 2006, they had trouble even agreeing on small-scale projects. It took them three years to agree on a 7,000-acre treatment, he said.

Now, because of the group’s working relationship, the Malheur National Forest has received an additional $2.5 million annually to accelerate the pace of restoration. Webb said the group is collaborating on projects up to 40,000 acres every year.

“We’re getting a lot more acres treated a lot quicker,” he said. “It just would not happen without this collaborative effort.”

Certainly members don’t agree on everything, Webb said. But their success is due in part to people’s willingness to have a mature conversation.

“It’s not that we don’t have our own interests, but this group is effective because it’s gotten past the ‘my way or the highway’ attitude,” Webb said.

Speaking for himself, Webb described the occupation as a “holdover from an age that simply won’t work nowadays.” Officially, Blue Mountains Forest Partners has no stance on the protest.

Darilyn Parry Brown, executive director of the Hells Canyon Preservation Council in La Grande, said public lands are a treasure trove of values, and should be kept in public hands.

The potluck will begin at noon on Tuesday. Other rallies will be held in Portland, Bend, Eugene, Medford, Hood River and Corvallis.

“There’s been quite a bit of negativity based on what’s been going on in the Malheur National Wildlife Refuge,” Brown said. “This is our opportunity to let local folks know there’s a place to come and have positive conversations.”

Heifer shot, killed in pasture near Stanfield

Capital Press Agriculture News Oregon -

STANFIELD, Ore. — Local rancher Terry Anderson awoke to a gruesome discovery Friday morning after learning someone shot, killed and butchered one of his cows in a field near Stanfield.

Anderson, who runs Anderson Land & Livestock Inc. out of Pilot Rock, said the 2-year-old heifer was slaughtered sometime Thursday night in a pasture along Feedville Road, where he raises cattle during the winter.

Judging by the tracks, Anderson believes at least three people were involved. A neighbor reported hearing commotion around 10:30 p.m., though Anderson said they didn’t find the animal until morning.

“We found body parts strung out over the field,” he said. “They basically mutilated it.”

Anderson said the culprits were likely trying to make some money off the meat, but left most of the carcass to waste. He said heifers like his usually sell for up to $3,000.

Theft isn’t unusual in the ranching industry, Anderson said, but this is the first time he’s lost a cow on winter ground so close to the city. Incidents are more common in summer when herds are left to graze in the mountains, but this happened just 150 yards off a well-traveled road.

“It’s tragic to lose an animal to a situation like this,” he said.

Oregon State Police is leading the investigation, and Anderson has put up a $5,000 reward for any information leading to an arrest and conviction. The Oregon Cattlemen’s Association has offered an additional $1,000 in the case.

“They knew exactly what they were doing,” Anderson said. “We need to get this stopped.”

Anyone with information should contact OSP at 541-567-3215 or 1-800-452-7888.

Oregon provides list of pesticides that can be used on pot plants

Capital Press Agriculture News Oregon -

Oregon pot growers wondering about pesticide use have a new guide to consult, courtesy of the state Department of Agriculture.

The guide lists 256 pesticides. It’s intended to help growers sort out which pesticides are OK to use. For the purposes of pesticide regulation, at least, Oregon considers cannabis an agricultural crop.

There are no pesticide products specifically labeled for use on marijuana, but the state has developed criteria for products that may be used. Generally, a pesticide can be used on pot plants if it is intended for unspecified food products, is exempt from a tolerance and is considered low risk, according to the Oregon Department of Agriculture.

The department urges pesticide applicators to consult the guide list and apply according to directions on the product label. Using products not on the list could be a violation of state pesticide law.

On Jan. 15, the ag department removed Guardian Mite Spray, manufactured by All In Enterprises, from its pesticide list because it contains an active ingredient not on the label. The unlisted active ingredient “does not meet the criteria for inclusion on the ODA guidelist,” the department said in a bulletin.

Online

http://www.oregon.gov/ODA/shared/Documents/Publications/PesticidesPARC/GuidelistPesticideCannabis.pdf

For more information on Oregon cannabis production, visit http://www.oregon.gov/ODA/agriculture/Pages/Cannabis.aspx

Oregon State Police investigate poaching of 5 deer in Baker County

Capital Press Agriculture News Oregon -

BAKER CITY, Ore. (AP) — Oregon State Police are now asking for the public’s help in solving the poaching of mule deer outside of Baker City late last year.

Fish and Wildlife Division troopers say they were notified of three of the killings Dec. 1, and they ultimately discovered that at least five deer and one wild turkey had been illegally killed within the Lookout Mountain Wildlife Management Unit.

Four of the five deer were bucks with their heads removed, and all of the carcasses were left to waste. Authorities say the animals were likely killed Thanksgiving week.

The Oregon Hunters Association is offering a reward for tips leading to an arrest and conviction.

Potato-peeling contest returns for second year

Capital Press Agriculture News Oregon -

The Washington-Oregon Potato Conference’s potato peeling contest will return at 3 p.m. Jan. 26 in the Toyota Center Exhibit Hall.

The Potato Peel-Off, which debuted last year, is intended to be a fun time for exhibitors and participants, as teams of three compete to see which can peel the most potatoes in 90 seconds, said Ryan Holterhoff, director of marketing and industry affairs for the Washington State Potato Commission.

The number of teams registered has doubled, from six last year to 12 this year.

“It felt like it would be appropriate to bring it back again as we continue to have more vendors and people wanting to be part of the conference,” Holterhoff said.

Online

http://www.potatoconference.com/potato-peel-off.html

Potato conference will boast record number of exhibitors

Capital Press Agriculture News Oregon -

The Washington-Oregon Potato Conference will be Jan. 26-28 at the Three Rivers Convention Center and Toyota Center in Kennewick, Wash.

The conference boasts 172 exhibitors, up from 133 last year, the biggest number since the Washington and Oregon industries combined for the conference in 2010, said Ryan Holterhoff, director of marketing and industry affairs with the Washington State Potato Commission.

“It really shows that people want to be a part of this, come out and get together as an industry, see what’s going on and make those connections,” Holterhoff said.

This year, most of the big equipment will be outside to allow more room, said Dale Lathim, chairman of the conference trade show.

“The equipment for potato farming today is getting bigger and bigger, and it just takes up so much room,” Lathim said. “We removed the equipment, went with bigger spaces for some of the more prominent companies and we were able to squeeze in at least 40 new companies to be on display. We think that’s going to add some additional faces and products and different ideas to the trade show.”

The conference already had a large waiting list of exhibitors, but when they heard about the increased space, it generated more interest, Lathim said, so the new waiting list is back up to more than 50 companies.

“There’s a lot of demand for the show, but unfortunately in Eastern Washington or Oregon, there’s just not a lot of available conference space, so we’re limited,” he said. “We’re doing everything we can to allow as many companies as possible to have exposure to growers and for the growers to see what they have to offer.”

Keynote speaker David Sax, author of the book “The Tastemakers,” will speak about changing food trends.

“With potatoes definitely being a consumer-driven product, it will be helpful to get his perspective as a food writer and someone who studies these trends, to see what’s out there next and how potatoes might fit in that,” Holterhoff said.

Lathim expects farmers to be looking for ways to recover after a relatively tough year due to the hot, dry weather.

“2014 was a pretty hot summer, we thought that was an anomaly and 2015 turned out to be even hotter,” he said. “I think everybody is trying to figure out what they can do if we have another year like that. We hope we don’t have another year like 2015, but odds are, at some point, we will.”

Growers are also concerned about their ability to fight pests, Lathim said. A prominent nematode control is becoming limited or unavailable, and alternate chemicals are not as effective.

“(Farmers) are going to be looking for ideas and ways to control and eliminate them from being a problem this coming year,” he said.

Online

http://www.potatoconference.com/

Police arrest man in government vehicle stolen from refuge

Capital Press Agriculture News Oregon -

BURNS, Ore. (AP) — Authorities arrested a man they said was driving a government vehicle stolen from a wildlife refuge being occupied by an armed group protesting federal land policies as the standoff in Oregon’s high desert hit the two-week mark.

Kenneth Medenbach, 62, of Crescent was arrested by Oregon State Police at a grocery store in Burns for investigation of unauthorized use of a motor vehicle. It was unclear if he has a lawyer. Medenbach is already facing charges in U.S. District Court in Medford after authorities said he illegally camped on federal land between May and November last year, according to federal court records.

Authorities also say they recovered a second stolen vehicle from the Malheur National Wildlife Refuge but provided no other details. The U.S. Fish and Wildlife Service previously reported the vehicles had been stolen.

So far, authorities have not tried to remove the group from the Malheur National Wildlife Refuge. As the situation drags on, people in the local area are growing increasingly weary and wary of the group.

Cement barriers have been erected to block streets around the county courthouse in the small eastern Oregon town of Burns, where police from around the state have set up a command center.

About 30 miles to the south at the refuge, other protesters carrying what appear to be military-style rifles scan the snow-covered rangeland from atop an old fire lookout that gives them a sweeping view of roads leading into the area.

“If we all keep a calm about us everything will be OK,” Brenda Pointere said Thursday as she exited a Burns restaurant. “It started out calm, but the longer it goes on — you start to hear rumors.”

The occupation started Jan. 2 as a protest over two area ranchers who had been convicted of arson being returned to prison to serve longer sentences.

Afterward, a group led by Ammon Bundy traveled to occupy the refuge to protest the ranchers’ return to prison and demand that the 300-square-mile refuge be turned over to local control.

Bundy said he understood the frustration of Harney County residents. “They have been suppressed to the point where they’re ready to act,” he told The Associated Press on Thursday inside a heated wildlife refuge building while his brother, Ryan, and two women sat nearby.

Burns, nearby Hines and the local area have been in an economic tailspin for decades after the loss of a lumber mill that some blamed on federal restrictions involving timber harvests. Restrictions on other federal lands are a common theme of frustration.

The Bundys had planned a meeting with community members Friday night, but it was in limbo after county officials said they couldn’t use the fairgrounds.

Arizona rancher Robert “LaVoy” Finicum, a spokesman for the group, told reporters Friday that protesters were still hopeful the meeting might occur next week, perhaps Monday, if they can find a location. He criticized local officials for “making sure we have no access to facilities to talk to the residents.”

The group has said they won’t leave until the ranchers jailed for arson are freed and the refuge is turned over to local control.

Locals who agreed to be interviewed were themselves conflicted, expressing anger toward federal land policies but bothered by the armed takeover. “I don’t agree with anything they’re doing right now,” Ben McCanna said about the occupiers at the refuge.

But McCanna, 54, also said the ranchers’ return to prison was wrong, and that he was irked that the U.S. Forest Service closed off access to one of his favorite camping spots in nearby Malheur National Forest.

Also Friday, the chairwoman of the Burns Paiute Tribe asked federal officials to bring criminal charges if any ancient artifacts are damaged or missing from the refuge currently occupied by the group.

Thousands of ancient artifacts and maps to prehistoric sites are kept at the Malheur National Wildlife Refuge. Tribe Chairwoman Charlotte Rodrique sent a letter to the U.S. Fish and Wildlife Service urging federal prosecution, if warranted.

Ryan Bundy has said the group isn’t interested in the artifacts, but it wants the refuge land opened to ranchers and loggers.

4,000 artifacts stored at Oregon refuge held by armed group

Capital Press Agriculture News Oregon -

Thousands of archaeological artifacts — and maps detailing where more can be found — are kept inside the national wildlife refuge buildings currently being held by an armed group of protesters angry over federal land policy.

Ryan Bundy, one of the leaders of the group occupying the Malheur National Wildlife Refuge in southeastern Oregon, says they have no real interest in the antiquities. Still, their access to the artifacts and maps has some worried that looters could take advantage of the situation.

“There’s a huge market for artifacts, especially artifacts that have provenance, where you can identify where they came from,” said Carla Burnside, the U.S. Fish and Wildlife Service’s refuge archeologist.

More than 300 recorded prehistoric sites are scattered across the refuge, including burial grounds, ancient villages and petroglyphs. Some of the artifacts — including spears, stone tools, woven baskets and beads — date back 9,800 years.

——

WHY AREN’T THE RELICS AT A MUSEUM?

About 7,000 artifacts and samples from the refuge are kept at a museum in Eugene, Oregon. But 4,000 more are kept at the refuge for research.

Only Burnside has a key to the room containing the artifacts and the maps. She’s since seen pictures of the occupiers in her office, adjacent to the room where the artifacts are stored. The group has been looking through government files at the site, but it is unclear if they’ve gone through the room with the artifacts. Bundy told The Associated Press that he’s seen the artifacts and lots of maps, but he didn’t know what the maps illustrated.

The artifacts and maps are legally protected by the 1979 Archeological Resources Protection Act and other federal laws.

———

WHAT IS THE ARMED GROUP DOING WITH THE ARTIFACTS?

Bundy said they’re not interested in the artifacts and would turn them over to the Burns Paiute Tribe, if asked.

“If the Native Americans want those, then we’d be delighted to give them to them,” he said.

He said he didn’t think it was likely that anyone would use the maps to loot the site.

“We haven’t really been thinking along those lines,” Bundy said.

Removing artifacts from federal property without a permit is illegal.

———

WHAT ABOUT THE PREHISTORIC SITES?

Scientists are also worried about unintentional damage that could be done to the prehistoric sites by cattle, vehicles and heavy equipment.

The group at the ranch has driven road graders and other large construction equipment around the refuge headquarters buildings, but Bundy said they haven’t used the machinery to move any earth. He wouldn’t rule out that possibility, however.

In 2014, Ryan Bundy and supporters of the Bundy family rode ATVs on federal land closed to motorized vehicles in Utah as part of a protest. Their route took them along an illegal trail that crossed through Native American archeological sites.

———

HAVE THE SITES BEEN LOOTED BEFORE?

While well-known petroglyphs or other prehistoric sites are occasionally publicized for public viewing, federal land managers often go to great lengths to keep such locations secret when they can’t be safely protected from vandals and looters.

Looting has long been a problem at the refuge, with the first documented instance recorded in 1979, according to the Fish and Wildlife Service’s comprehensive conservation plan.

“It’s a huge problem in Oregon, especially in the southeast portion of the state,” said Dennis Griffin, the state’s archaeologist. “More often than not, when they are caught, it’s connected to drug running or seeking quick money on eBay.”

An online search of “great basin artifacts for sale” yields arrowheads, stone pestles and other items, many priced at hundreds of dollars each.

———

WHY DOES IT MATTER?

Burnside said the artifacts are part of the ancestry of the Burns Paiute Tribe and are priceless to science.

“There’s so much you can gain from looking at one artifact: Where the stone came from, how far they traveled, how it was used, the skill of the person who made it,” she said.

The tribe works extensively with federal officials on the archeology projects. Tribe officials didn’t return multiple phone messages requesting comment.

“Their history is being hijacked by these people,” said Donald Grayson, an anthropologist and archeology expert at the University of Washington.

———

HOW DOES BUNDY WANT THE ARCHEOLOGICAL SITES HANDLED?

Bundy said people interested in archeology are welcome to explore the refuge, but that cattle ranchers and loggers should have priority when it comes to land use.

“Before white man came, so to speak, there was nothing to keep cattle from tromping on those things,” Bundy said.

Though some countries had domesticated cattle 10,000 years ago, the animals came to the United States with European settlers.

“We also recognize that the Native Americans had the claim to the land, but they lost that claim,” Bundy said. “There are things to learn from cultures of the past, but the current culture is the most important.”

Miners defiant as dredging moratorium begins

Capital Press Agriculture News Oregon -

MEDFORD, Ore. (AP) — The head of the Galice Mining District says some miners are violating a new state ban on suction-dredge mining, telling the state of Oregon to “drop dead” while the two sides square off in a federal court case.

Rick Barclay, the mining district’s president, told the Mail Tribune he knows of about a dozen suction dredgers now defying the five-year dredging moratorium that went into effect Jan. 2, claiming federal mining laws trump state regulations.

Barclay said the miners are working claims on federal lands in Rogue River Basin tributary streams that flow seasonally in winter, making winter the only time they can work enough to keep their claims for precious metals, mainly gold.

“We prefer to think of it as the great American tradition of civil disobedience,” Barclay said Thursday. “Those are federal claims mined under federal law. The state can drop dead.”

Barclay declined to name the miners or the streams they are dredging. He said the district intends to inform state officials that federal law grants the district the authority to regulate mining within its boundaries, which encompass Jackson, Josephine and Douglas counties.

“We’re basically saying we can do what we want. Take us to court to see if we can’t,” Barclay said.

“If they discover where (miners are) working, they can do whatever they want to do,” he said.

Oregon State police Sgt. Jim Collom said Thursday his agency has not received any complaints of active dredging in the Rogue Basin. Collom said he has briefed Fish and Wildlife Division troopers on the moratorium, which bans all suction dredge mining in Oregon through 2021 after the 2015 Oregon Legislature failed to hammer out new dredging rules in wild salmon habitat.

Collom said he would not like to see a repeat of last summer, when armed “Oath Keepers” stood guard over mining equipment at a Galice-area mine co-owned by Barclay during a dispute with the federal Bureau of Land Management over its operations.

The Oath Keepers eventually dispersed after a standoff that never was, but the miners’ dispute with the BLM remains unresolved.

“That would be our first choice, not to have those guys involved,” Collom said. “Whatever it is, there needs to be a peaceful resolution.”

Suction-dredge mining employs a floating vacuum to suck gravel from a stream bottom. Materials vacuumed by the dredge then go through a sluice to allow miners to strain out gold and other heavy metals, while sand, silt and other fine materials are discharged into the water.

Wild-salmon advocates say the process damages spawning grounds and rearing habitat. Miners have argued that current laws already protect salmon and their habitat, and they have argued that no peer-reviewed study on suction dredging proves it ruins salmon habitat.

Barclay is one of several miners who filed suit in federal court in October, seeking a judge to declare the state moratorium pre-empted by federal law. After a flurry of court filings, oral arguments were scheduled for Feb. 18 before U.S. Magistrate Judge Mark D. Clarke at U.S. District Court in Medford.

In 2013, the Legislature passed a law that severely restricted dredging by cutting and capping the number of dredging permits offered annually in Oregon, and limited some of the times, locations and manner for how dredgers operate. It was designed to protect wild salmon and their habitats and reduce conflicts with riverside landowners and users.

The law was written to sunset at the end of 2015 to give the Legislature time to grapple with permanent rules, which never materialized. The moratorium as written is to remain in effect until 2021.

As the moratorium loomed last fall, state Sen. Alan Bates, D-Medford, said he intended to introduce a bill in February that would create long-term dredging restrictions and lift the moratorium.

Bates said this week that he now does not plan to seek a lift to the moratorium and instead has drafted a new bill that would extend the dredging moratorium beyond wild salmon habitat to include wild bull trout and lamprey streams.

If the bill passes, state agencies likely would need about two years to draft the actual rules that he intends to regulate dredging in Oregon from 2022 and beyond once the moratorium elapses, Bates said.

“Right now, the best thing to do is leave the moratorium in place, write the regs and push it through,” Bates told the Mail Tribune.

“We really have gems of rivers in our state,” Bates said. “A lot of people want to close (dredging) down completely, but I’m not. This is going to be a huge step in the right direction.”

Barclay said if Clarke rules in miners’ favor in the federal suit, “then Bates is S.O.L.”

“I don’t care what Mr. Bates wants to do,” Barclay said. “Miners are going to mine.”

Before the moratorium, the dredging season in Oregon differed between rivers and followed the legal summer in-water work period to protect wild salmon eggs and young fry in the gravels.

Barclay said current dredgers are working claims on intermittent streams that don’t flow during the summer period, and federal mining laws require they work their claims to keep them.

“That’s why they feel they have a defense,” Barclay said.

As eastern Oregon standoff goes on, residents aim for calm

Capital Press Agriculture News Oregon -

BURNS, Ore. (AP) — Cement barriers block off streets around the county courthouse in the small eastern Oregon town of Burns where police called in from around the state to respond to a standoff at a nearby wildlife refuge have set up a command center — and when officers go out they travel in pairs.

About 30 miles to the south, an armed group protesting federal land use policy has taken over a national wildlife refuge. Men with what appear to be military-style rifles scan the snow-covered rangeland from atop an old fire lookout that gives them a sweeping view of roads leading in.

As the standoff at the Malheur National Wildlife Refuge hits the two-week mark, people in this high desert area are growing increasingly weary and wary.

“If we all keep a calm about us everything will be OK,” said Brenda Pointere, who was coming out of a Burns restaurant. “It started out calm, but the longer it goes on — you start to hear rumors.”

It started Jan. 2 as a protest about two area ranchers convicted of arson who were returned to prison to serve longer sentences. Afterward, a group led by Ammon Bundy traveled to occupy the refuge to protest the ranchers return to prison and demand that the 300-square-mile refuge be turned over to local control.

Bundy said he understood the frustration of Harney County residents with the federal government having spent several months in the community earlier.

“They have been suppressed to the point where they’re ready to act,” he told The Associated Press on Thursday inside one of the heated wildlife refuge buildings while his brother, Ryan, and two women sat nearby.

Burns, nearby Hines and the local area have been in an economic tailspin for decades, the biggest blow the loss of a lumber mill with some blaming federal restrictions on timber harvest. Restrictions on other federal lands are a common theme of frustration. The wildlife refuge, managed by the U.S. Fish and Wildlife Service, has some good ranchland that Ryan Bundy says will be filled with cattle this spring, though he declined to give details.

“I think the mass of the community, especially the rural community, are 100 percent in favor of what we’re trying to accomplish here,” Ryan Bundy said. But, he noted, “There’s a split camp, so to speak.”

The Bundys had planned a meeting with community members Friday night, but that is in limbo after county officials said they couldn’t use the local fairground.

They have said they will not leave until the ranchers jailed for arson are freed and the refuge is turned over to local control. So far authorities have made no move to remove the group from the refuge.

Locals who agreed to be interviewed were themselves conflicted, expressing anger toward federal land policies but bothered by the armed takeover.

“I don’t agree with anything they’re doing right now,” said Ben McCanna about the occupiers at the refuge, about 4 miles from where he lives. But McCanna, 54, also said the ranchers’ return to prison was wrong, and that he was irked that the U.S. Forest Service closed off access to one of his favorite camping spots in the nearby Malheur National Forest.

But if the wildlife refuge falls out of federal control, he said he expected no trespassing signs to go up.

The issue of land management is one discussed throughout the West. A group of mostly Republican congressmen is holding meetings in southern Utah next week to hear concerns from local officials who worry a Bureau of Land Management proposal unfairly restricts livestock grazing, motorized recreation. Officials in southern Utah’s Washington County said the plan violates terms negotiated under a 2009 law that established two conservation areas.

The BLM plan is intended to restore native habitat for protected Mojave Desert Tortoise, but local officials say it unfairly hurts ranchers and could harm the local economy.

U.S. Rep. Chris Stewart, a Republican who represents the area, requested that a House subcommittee on federal lands hold the hearing in St. George on Jan. 22 to hear local grievances about the plan.

In Oregon, Cheryl Drinkwater lives on a ranch near the refuge and said she has adult children working for the Forest Service and U.S. Bureau of Land Management. She said local federal officials are fine, but edicts from Washington D.C. cause problems. Her view of the current conflict is that the people with the most common sense are the least likely to make themselves heard.

“Hope I don’t get in trouble over that,” she said, describing the atmosphere in the town as tense.

Meanwhile, the influx of law enforcement officials, reporters, politicians and the curious has caused something of an economic boom in January, typically a slow month for the area.

Cherrie Glick, a waitress at the Apple Peddler, said that in the last several weeks she’s earned a couple hundred dollars more in tips, plus been called in to work more hours, as have other employees.

“Everybody who has come in has been nice to us,” she said, noting she wasn’t allowed to talk about the wildlife refuge.

Meanwhile, nobody is too sure how it will end.

“I hope it’s peaceful,” Kathy Warburton of Burns said.

———

Associated Press reporter Michelle Price contributed from Salt Lake City.

Oregon bills seek to ratify wolf delisting

Capital Press Agriculture News Oregon -

SALEM — Two Oregon lawmakers plan to introduce bills that would ratify the decision by state wildlife officials to delist wolves as an endangered species.

The proposals, which will be considered during the upcoming legislative session in February, are planned by Sen. Bill Hansell, R-Athena, and Rep. Greg Barreto, R-Cove, in reaction to a lawsuit filed by environmental groups.

In November 2015, the Oregon Fish and Wildlife Commission voted to delist the wolves under the state’s version of the Endangered Species Act after several criteria for their recovery had been met.

Under a management plan for wolves first created in 2005, the species could be delisted after having established four breeding pairs for three years and no longer facing a substantial risk of extinction in a significant portion of its range, among other criteria.

Wolves were delisted by the federal government in the easternmost portion of the state, but remain protected in the rest. Oregon wildlife officials have the jurisdiction over those wolves under the state ESA.

However, Oregon Wild, Cascadia Wildlands and the Center for Biological Diversity recently challenged the state’s delisting decision in court, arguing the decision unlawfully ignored the best available science about wolf recovery.

The bills, which will be introduced in the House and Senate, will provide the Oregon Department of Fish and Wildlife — which is overseen by the commission — more ammunition in defending itself in court, Barreto said.

“We’re shoring up what the commission has already decided,” he said during a Jan. 14 hearing before the House Committee on Agriculture and Natural Resources.

Oregon has 81 documented wolves, but the actual population is likely in the range of 100-120 animals and a delisting is necessary for the ODFW to eventually manage the species, said Sen. Hansell.

Such management could involve hunting to keep populations in check

Ranchers in Oregon have abided by restrictions on wolf management for the past 10 years, so now that the criteria for delisting have been met, the state government should uphold the wolf plan’s credibility, said Rocky Dallum, political advocate for the Oregon Cattlemen’s Association.

“The goal was to strike a balance between reestablishing wolves in Oregon and meeting the needs of those producers,” he said.

During the decade that the plan has been in place, ranchers have felt a great deal of “heartburn” as state wildlife officials have refused to remove wolves that repeatedly prey on livestock, said Todd Nash, a rancher and chairman of the OCA’s wolf committee.

The wolf plan should be followed as planned rather than allowing the courts to take over the process, he said. “I want to bring some sanity to this and let the scientists and wildlife managers manage, instead of some conservation groups and a judge.”

Environmental groups oppose the proposed legislation, claiming that it will unnecessarily interfere with the authority of the Oregon Fish and Wildlife Commission.

Oregon has fewer than 90 wolves, but the state could sustain up to 1,400 of them, said Sean Stevens, executive director of Oregon Wild.

Currently, the species occupies only 12 percent of its potential habitat, he said. “The status of wolves in Oregon is still tenuous.”

In the past year, wolves have only been confirmed to have killed four cows, while the state has more than 1.3 billion cattle, he said. The cattle industry generatied more than $1 billion in revenues, making it Oregon’s top agricultural sector.

“The industry’s growth has not been stymied by the arrival of wolves,” Stevens said.

The proposed bills would set a dangerous precedent of the legislature inserting itself into delisting decisions on a species-by-species basis, said Quinn Read, Northwest representative of the Defenders of Wildlife environmental group.

“We’re concerned by initiatives that would circumvent the (wolf) plan,” she said.

Scott Beckstead, state director for the Humane Society of the United States, an animal rights group, said he’s worried about the possibility of trophy hunting of wolves in Oregon.

Hunters in Idaho, where such hunting is allowed, have demonstrated a “cruelty and depravity” in killing wolves that wouldn’t be tolerated by the public in Oregon, he said.

“It’s certainly something I don’t want to see in Oregon, and I worry about us heading down that path,” Beckstead said.

East Oregon ag interests lobby against wage hike plans

Capital Press Agriculture News Oregon -

SALEM — Forty-six people from Malheur County, half of them involved with agriculture, traveled 400 miles across icy roads Jan. 14 to Salem to tell Oregon lawmakers that increasing the state’s minimum wage would devastate Eastern Oregon’s economy.

The group, which wore “Any raise equals lost jobs” stickers on their backs, were heavily outnumbered by supporters of the various proposals to significantly raise the state’s minimum wage, who loudly chanted, “Hey, hey, ho, ho, poverty wages have got to go” as they entered the Capitol building.

After arriving in Salem following an eight-hour bus ride, the Eastern Oregon contingent was told they could not carry their picket signs to counter-demonstrate at a rally held on the Capitol steps in support of a minimum wage increase.

They were told that state police decided there was a high risk of a conflict occurring and were concerned about their safety.

But members of the Republican minority party praised them for making the trip and told them their very presence at the statehouse was a loud message.

Though outnumbered, testimony during a three-hour public hearing on the issue was split between supporters and opponents because committee members gave preference to people who had traveled more than 100 miles.

The group traveled by charter bus and headed back to Ontario after the meeting to complete its 800-mile round trip.

“Coming from 400 miles away and spending (more than a day) getting here and back is unbelievably powerful,” said Rep. Cliff Bentz, R-Ontario, who helped organize the event along with farm industry leaders.

“I can’t tell you how important it was for you to have come here today,” said Sen. Ted Ferrioli, R-John Day. “The fight you are making today is the fight that may be the key skirmish in this whole (issue).”

During public testimony, the Malheur County residents told legislators that increasing the state’s minimum wage any amount would result in businesses and jobs moving to Idaho.

They reminded them that Oregon’s minimum wage of $9.25 is already $2 higher than Idaho’s rate of $7.25 and Malheur County borders Idaho.

Owyhee Produce General Manager Shay Myers said that if Oregon increases its minimum wage, it will force his onion packing facility to automate or move to Idaho. Either option kills Oregon jobs, he added.

As an example, he said that increasing Oregon’s minimum wage to $13.50 would increase Owyhee Produce’s overall costs by 10 percent, while the company’s margin is only 8 percent, Myers said.

If it comes down to staying in business, “There’s really only one decision for us to make,” he said. “And if we’re going to stay in business, it’s either automate or move to Idaho.”

Tim Newton, who has worked for Peterson Farms in Nyssa for 26 years, said a lot of businesses would move to the Idaho side if the minimum wage goes up.

“What we’re hearing is that the majority of the onion sheds (in the area) will be moving to the Idaho side because of the difference in the minimum wage,” he said.

Nyssa farmer Paul Skeen and others asked the state to leave Malheur County out of any minimum wage increase because farmers and businesses there compete directly with their Idaho counterparts.

“Carve us out (of any increase) and save our jobs,” he said. “You’re going to ruin us if you don’t.”

The Malheur County contingent included several small business owners, who said that if agriculture suffers because of a minimum wage increase, they will suffer also.

If the minimum wage increases, “our onion shippers will move to Idaho,” said John Kirby, a hardware business owner. “It’s not a threat, it’s a promise; they will move to Idaho.”

Oregon Gov. Kate Brown defended her minimum wage proposal, which she released while the Eastern Oregon group was en route.

It would raise the minimum wage outside the Portland area by $1 in 2017 and gradually increase it to $13.50 by 2022. The Portland area minimum wage would be set at 15 percent above the statewide rate and would increase to $15.52 by 2022.

Phasing in the increase over several years will provide “a glide path for Oregon businesses to plan and prepare for the increase,” said Brown, who added that a single parent in Oregon would have to work 72 hours a week or make $16.61 an hour to afford the state’s average monthly cost of $864 for a two-bedroom apartment.

Brown said she felt her proposal would stop the need for the various, stiffer minimum wage ballot initiatives that have been proposed.

“We are concerned about the number of families that struggle to make ends meet,” she said. “We felt this was middle ground.”

Members of the “Oregonians for 15” group that is pushing for a statewide $15 minimum wage told lawmakers that if they don’t pass a proposal this year that raises the state’s minimum wage to $15 within three years, a ballot initiative is guaranteed.

“We’re not here to debate or negotiate,” said Jamie Cartridge, who added that legislators have two options: “$15 or the ballot.”

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