Duarte Farmland Under Siege

Duarte Farmland Under Seige By Army Corps of Engineers

By Brian German, Associate Editor

The Duarte family has been in a lengthy court battle with the federal government regarding the right to farm their own property.

John Duarte, a fourth generation California farmer and president of the family-owned nursery in Hughson, commented on how this dispute began, “My family owns a piece of property up in Tehama County that we purchased in 2012 and planted wheat that fall. The property is in some slightly rolling grasslands, and has some minor wetlands on it, vernal pools, vernal swales. Like most grasslands, wheat areas and wheat plantings, we had a local contractor go out and plow the field for us, 4-7 inches deep, and we flew on some wheat seed for a winter wheat crop in 2012.

“The U.S. Army Corp of Engineers called us and told us we were deep-ripping the property. I think they were under the misunderstanding that we were getting ready to plant orchards or vineyards there. They looked at it and assumed we were deep-ripping, three feet deep, which we were not,” Duarte said.

“They sent us a cease and desist notice in early 2013, then refused to tell us what their evidence was or how they had drawn their conclusion that we were deep-ripping. We sent two letters from an attorney, under the Freedom of Information Act, requesting evidence we had deep-ripped, the assumption that apparently warranting a cease and desist notice.”

“They refused to answer the first letter. They kicked the matter up to enforcement and then sustained the cease-and-desist notice without ever giving us a hearing and without ever giving us specific cause for their action. They obstructed our farming operations indefinitely,” Duarte noted.

As their request for the evidePacific Legal Foundationnce against them continued to be ignored, Duarte said, “We went to the Pacific Legal Foundation, where they filed a due process suit against the Army Corps of Engineers on behalf of a farmer’s right to farm their ground. The Army Corps of Engineers now claims that our 4-7 inch tillage through ground that has been tilled 18-24 inches in the past destroyed wetlands.”

“They are making extremely spurious claims that the small plowing furrows through some of the minor vernal pools are now mini mountain ranges and the valleys of those furrows are still wetlands. But the top of the furrow, maybe five inches higher than the bottom of the valley, is now a converted upland and therefore we have destroyed wetlands across the property and are subject to a destruction of wetlands lawsuit filed by the Army Corps of Engineers against Duarte Nursery.”

Nevertheless, Duarte doesn’t think this was strictly in the interest of habitat preservation, “We believe this lawsuit is completely vindictive and retaliatory because we are challenging the Army Corps of Engineers’ ability to simply drive by farms and send cease and desist notices to farmers for very little cause, and then refuse to give any information as to what their cause for the cease-and-desist notice was.”

Duarte believes the lawsuit filed by the Army Corp of Engineers is a somewhat arbitrary enforcement of wetland destruction laws, “Lately, under the new WOTUS Rule, federal administrations [designate that] everything we farm as a wetland. We’ve had experts on both sides out in the field. Everyone agrees that wetlands are still there; the wetlands are still the same size; the wetlands have the same hydrology; the wetlands still have the same pocket water when it rains; the wetlands still have wetland vegetation; the wetlands are all still there by all the parameters one would measure a wetland’s presence by.”

Duarte noted where they are in the process, and why they chose to standup for their rights, “We filed motions for summary judgement, had a motion for summary judgement hearing back in, I think it was early December, we are waiting for the judges rulings on those, so we can proceed to trial on any unsettled matters in the case. We see these types of things happening to our customers all over the state, and that is one reason we wanted to bring this suit. We’re willing to bring this suit and defend our customers, our growers’ ability to take our products and farm their land. Duarte Nursery cannot exist without our growers being able to farm.”

This situation has come at a heavy price for the Duarte family. “This has cost our company over $1 million just to stand up for everyone’s right to farm their property. In a number of important ways, there is a noose tightening around the neck of agriculture everyday, and unless we stand up and fight back, in the courts, where it is appropriate, we are going to lose our ability to farm without federal government permission to do so,” Duarte said.

________________________________

Links:

Duarte Nursery

Pacific Legal Foundation

U.S. Army Corp of Engineers

2016-07-23T17:25:28-07:00March 11th, 2016|

National Days Celebrations at Fresno State Farm Market

Fresno State Farm Market Hosts National Day Events

By Charmayne Hefley, Associate Editor

 

Fresno State’s Rue and Gwen Gibson Farm Market hosted its Annual Pistachio Day on February 26 in honor of World Pistachio Day. Miles Robinson, a student market lead, said, “We’ve been working with American Pistachio Growers (APG) to market this campaign and give away pistachio samples, all courtesy of APG. We are also raffling a gift basket with several of our products and APG items as well.”12821589_10153999748978330_676533612082576193_n

Robinson said the Fresno State farm market plans to host monthly events to feature the store and student products, including that very fowl day, Poultry Day, on March 18, and National Raisin Day on April 29. “For Poultry Day,” Robinson said, “we’ll be sampling Foster Farms chicken in a couple of different recipes. We look forward to having people actually taste our chicken. We will also have a chicken dance contest. For National Raisin Day we’re partnering with the California Raisin Board to bring information, samples and have a fun time.”

Robinson said the student-run farm market, which specializes in student-made products, is in the process of creating new recipes for its coated nuts and raisins. “Over the past year, we’ve been slowly rolling out new recipes for our milk chocolate raisins, milk chocolate almonds, milk chocolate cabernet raisins and dark chocolate raisins,” Robinson said. “All of our products will have brand-new recipes, 100 percent Fresno State-done.”

2016-08-10T11:56:30-07:00March 11th, 2016|

Semios Approved for Navel Orangeworm Control

Semios Aerosol Pheromone Approved for Navel Orangeworm Control


Announced TODAY, Semios, a leading provider of real-time agricultural information and precision pest management tools, has received US Environmental Protection Agency (EPA) approval and California Department of Pest Regulation (DPR) approval for aerosol pheromone biopesticide products that disrupt the mating of the Navel Orangeworm (NOW).  
Michael Gilbert, founder and CEO of Semios said, “The Navel Orangeworm pest causes significant loss of crop and revenue in the California almond and pistachio industries, and it’s getting worse every year.  The Semios NOW pheromone aerosol formulas give farmers the ability to reduce and control pest populations and, as a result, significantly reduce crop damage.  The Semios pheromone aerosol dispenser is part of a custom-designed controller and sensor network that gives farmers decision-making tools and remote access to the field conditions in real-time- all day, every day.”

Remote Control Makes it Highly Effective

The Semios platform includes in-field camera traps that monitor the number of pests and flight strength, which when combined with wind, temperature and other environmental conditions measured and reported by Semios, optimize pheromone deployment.  The combination of traps, pheromone dispensers and other sensors on the same network means farmers can deploy the right amount of pheromones where and when needed through a single interface.

A Destructive Pest for Many Crops

NOW is the most destructive pest of introduced nut crops. Semios NOW Plus and Semios NOW Standard (for organic growers) are available for control of NOW in orchards growing walnuts, pistachios, almonds, dates, figs, citrus, pome and stone fruits.

 

Sustainable Solution

Pheromones are a naturally occurring part of the communication systems used by insects.  Semios uses pheromones to disrupt the mating cycle of insects, thus diminishing pest populations and reducing crop damage.  Pheromones do not kill or damage the target insects and, as pheromones are species-specific and only target the specific pest, pollinators and other beneficial insect species are not affected.

_______________________________

About Semios

Semios is a leading precision farming platform that provides real-time information and pest management tools for the tree fruit, nut and grape growers.   Semios combines hardware with powerful secure online software that monitors field and weather conditions and allows remote pest monitoring and deployment of mating disruption pheromones. It’s easy to use, reduces labor and allows farmers to make decisions that preserve and increase crop value.
2021-05-12T11:03:03-07:00March 2nd, 2016|

Fresno State Students are Ag Ambassadors

Fresno State Students are Ag Ambassadors

By Charmayne Hefley, Associate Editor

Students serving as Ag Ambassadors for the Fresno State Jordan College of Agricultural Sciences and Technology represented the school at the 2016 World Ag Expo. Steve Rocca, associate professor of agriculture education at California State University, Fresno said “It’s a group of about 80 student ag ambassadors who attend events and are really an extension of the outreach and recruitment efforts by our College.”

“There’s nothing better [for prospective students] than to learn about our college from actual students who are studying in our college and who know firsthand what Fresno State has to offer,” Rocca said. “Approximately 80 students has been the norm for the past several years. It’s a large group. They’re very enthusiastic and are great supporters of Fresno State. At events like the World Ag Expo, they talk to both prospective students and also to alumni, as a lot of loyal alums stop by and want to talk about Fresno State.”

In addition to the ambassador program, Rocca said Fresno State students can join the FFA State Conference Committee, which assists the California FFA Association in organizing the California FFA Field Days/State Finals Contests and State Conference in Fresno every April. “The California FFA State Conference is the largest annual conference in the city of Fresno,” Rocca said. “There are about 6,000 students as well as advisors who come to Fresno each year to develop their leadership skills, enhance their personal growth and compete in various career development activities. Our students at Fresno State assist directly with the events that take place during that convention.”

2016-05-31T19:24:11-07:00March 1st, 2016|

Falcons Work in Agriculture, Too

Farmers’ Other Best Friend—Falcons—Work in Agriculture, Too

By Charmayne Hefley, Associate Editor

Charmayne Hefley, California Ag Today broadcaster and associate editor, and farmers’ other best friend – the falcon.

Agriculturalists have found ways to employ some animals to assist them in the fields. Karl Kerster, owner of Sacramento-based Kerster’s Falconry, employs farmers’ other best friend, falcons, to keep agricultural products safe before and during harvest. More specifically, Kerster’s five falcons perform bird abatement—removal of nuisance birds—to protect cherries, berries and grapes. Pest birds are defined as sparrows, swallows, finches, starlings, pigeons, blackbirds and more.

“We work to protect the farmer’s crop,” Kerster said, “and we really enjoy doing it—which is a plus when you’re having to do it for a hundred days straight to keep a crop safe. We start when the fruit starts to ripen enough that the birds are going to attack, until the crop has been substantially harvested. I work five birds, and I have several more in reserve, but the five that I work keep me very busy.”

Kerster, a master falconer, has been serving as a falconer since 1996, and his birds have a high success rate at keeping pest birds away from crops.“We are 99 percent successful in protecting a crop in most situations,” Kerster said. “We also take care of any other bird problems that may or may not be on the berries, cherries and grapes that we normally do. Any customer who wants us to dispose of a problem, we’re ready to help.”

______________________________________

Becoming a falconer is not an “overnight” achievement and is not for the meek. The first of the “up-front questions you need to be able to answer to yourself,” according to the California Hawking Club is, “Will you, can you, commit part of your waking hours to a creature who at the very best of times will merely tolerate your presence, is as affectionate as a stone, and at the worst of times will cause you heartache and puncture wounds? Can you commit to an average of a half-hour a day, every day, and two to four hours on a hunting day, regardless of school, family, or job – forever?

The eight steps required to become a falconer in the state of California are provided by the California Hawking Club.

Becoming a Master falconer, according to the North American Falconers Association, “takes at least seven years; finishing your apprenticeship alone will take at least two.”

______________________________________

Falconry is a heavily-regulated practice, governed by federal and state laws and regulations.  For more information, go to:

California Natural Resources Agency Department of Fish and Wildlife

California Hawking ClubCalifornia-Hawking-Club-logo

Kerster’s Falconry 

Electronic Code Of Federal Regulations

______________________________________

2021-05-12T11:03:03-07:00February 29th, 2016|

National Dairy Crisis Continues—Part 2

National Dairy Crisis—A Way Forward, Part 2

By Laurie Greene, Editor

In our continuing coverage of the national dairy crisis marked by high inventories and below-production costs-prices, industry proponents are considering ‘market responsive’ ways to help with inventories, such as donating to the Feeding America organization or to other food banks. Tom Van Nortwick, owner and publisher of Fresno-based Agribusiness Publications, which has published a dairy magazine for 35 years, has been closely involved with hundreds of dairy producers from 2009 through June 2014 in the organization and establishment of the National Dairy Producers Organization. This nationwide organization focuses on keeping dairies profitable especially when market conditions squash dairy pricing.

Van Nortwick, who believes donating excess milk would be relatively easy and painless for the dairy industry, commented, “We are not going to specially package it; it is going to be what it is and where it is. It is then their responsibility to deal with it after that. The milk has already been processed and stored, and it’s waiting to be sold.”

In picking up all these excess dairy products, food banks such as Feeding America would dramatically reduce inventories. Van Nortwick explained, “We have found in studying these inventory levels, that when inventory gets to a certain level, it starts to impact the value of what someone is willing to pay me—a dairy producer—for the milk that I am pulling out of our cow today. And so we are recommending to our dairy producers that it might take literally 15 cents to impact the price of milk today which is currently $5 under the price of production and $7-$10 away from profitability.”

“The idea,” he continued, “is to have producers put up 15 cents per hundredweight into a savings account, which, when needed, would buy up excess inventory on the finished product side—the milk, cheese, milk powder and butter markets. Producers would then donate the purchased product to churches, food banks and Feeding America.

Tom Van Nortwick further expounded, “What if you invest $1 and get a $10 return? What if you invested 15 cents and got a $10 return? Is that a great plan? That is a great plan. The ‘investment’ is actually buying up [excess] inventory from the inventory [of processors and manufacturers] so it is no longer there. Because all of that is tracked, everybody knows how much there is and where it is. So if you are watching the market, you know if you should be buying more cheese, or making more cheese, or more powder. GM doesn’t make more cars than the dealers can sell; otherwise GM shuts the plant down. Everybody screams and hollers, but guess what? They know if they are going to survive, they have got to back off and not make more cars until the dealers, the selling organizations, pick up the slack.”

Van Nortwick says the dairy industry needs to focus more on the milk after it leaves the farm, “It is vitally important that we in the dairy producers sector start paying attention to what is going on with the milk, and the products being manufactured from milk after it leaves the farm. We are doing a wonderful job in how we produce it, the care and keeping of the animals, the sustainability of the environment, the recycling of the waste material; all of that we do better than anybody else in the world.”

“Do we need to be ever watchful?” he asked. “We have a new program called, ‘Picture Perfect’ in the industry, especially agriculture. All of agriculture needs to be ‘Picture Perfect.’ Do you know why? ‘Because everyone has a camera. Everyone’s got their own video recorder and anything can be seen anytime and filmed anytime. And a picture taken can go viral tomorrow, or tonight—even while we are asleep. So, we have to be picture perfect. We already do that.

He implored, “I want to say to dairy producers across the country, ‘You win. You make the most. You make the best. But that is not what we need right now in order to be sustainable. We need you to pay attention to your milk and what happens with your milk after it leaves the farm.”

______________________________

Links:

National Dairy Producers Organization

Feeding America

 

2021-05-12T11:17:14-07:00February 25th, 2016|

PCA Training At UC Davis

UC Davis Offers Pathway to PCA Training

By Laurie Greene, Editor

 

Frank Zalom, distinguished professor of entomology, agricultural experiment station entomologist, and extension specialist at UC Davis, teaches a class for students that forms a pathway to becoming a Pest Control Advisor (PCA). “It is the only class that a lot of them had ever taken in entomology,” said Zalom, “so we try to structure it to give them a good, solid background in entomology. Then we lead them through all the different pest management options. We even bring in someone from the California Association of Pest Control Advisors (CAPCA) Pathway to PCA program for the very last lecture.”

Zalom, whose research interests include integrated pest management (IPM), tree crops, small fruits and vegetable crop entomology, wants to provide a valuable education to his students. “Most of the kids taking my classes are interested in taking the PCA exams and there is a huge opportunity for those students out in the future.”

“We teach them about integrated pest management (IPM) and the pests,” Zalom noted. “Then we show them some of the many career opportunities for PCAs,”  he said, adding. “There will always be a big need for professional PCAs to help protect our crops from pests and diseases. They assist growers all over the state.”

________________________

Links:

California Association of Pest Control Advisors (CAPCA)

CAPCA Pathway to PCA

2021-05-12T11:03:03-07:00February 24th, 2016|

Drought-Resistant Genes Research

Promising Drought-Resistant Genes Research Underway

By Brian German, Associate Editor

 

A team of UC researchers headed by Jeff Dahlberg, director of the UC Kearney Agriculture Research and Extension Center (KARE) in Parlier, Fresno County, is conducting critical drought-resistant genes research on plants. “I’m pretty excited,” Dahlberg said, “because California is the perfect place to study drought tolerance and we have never really delved into it too much because our agriculture is mostly irrigated. This is a perfect, perfect, place to do drought tolerance.”

“We are using sorghum because it is inherently drought tolerant, and we are searching for the genes that control how sorghum responds to drought,” explained Dahlberg, who has worked with sorghum during most of his career. “The idea is to identify the sorghum genes for drought tolerance and see if other cereal crops, and even other crops, have those genes but they are just turned off. I don’t believe that genes are just specific to single crops. I think that these genes are throughout most crops; we just don’t know how to turn them on or off,” Dahlberg noted.

“And so, I’m hoping that we can use sorghum as kind of a model for how these drought-resistant genes get turned on,” said Dahlberg, “and then use that model to relate it to other crops. We want to see if we can tweak them and get them to respond to drought in a different way.”

“I really am excited that we are able to develop these field drought nurseries because I think [our research] will have tremendous impact worldwide for helping to feed people,” he said.

2021-05-12T11:05:58-07:00February 23rd, 2016|

Water Regulators Operate in Silos

State Senator Cannella Says Water Regulators Operate in Silos

By Laurie Greene Editor

California State Senator Anthony Cannella, (R-Ceres), who represents District 12, the Westside of the Central San Joaquin Valley from Modesto to Coalinga, knows how growers must feel about so much fresh water from recent rain and early snowmelt flowing out to the ocean instead of being stored for future use. Cannella, who is currently serving as vice chairman of the Agriculture Committee said, “Obviously growers are out there; they have their life savings out there; they have been relying on water from the State Water Project or they have been relying on reservoirs; and the state has been taking more and more of their water due to ESA restrictions.”

“If farmers do not have surface water again this year,’ he continued, “they are going to pump from the groundwater. But state and federal officials do not see the connection that no surface water means more groundwater pumping. It would be much more sustainable if farmers could receive more surface water instead of having it flow out to the ocean.”

Cannella said, “Water regulators operate in silos. On one hand, they say groundwater has to be at an equilibrium; and, on the other hand, they say that they cannot pump much fresh water into reservoirs. They don’t combine the two; they don’t connect the two; and I think that is wrong.”

“If you are going to regulate or take away surface storage, there will be an impact on groundwater,” explained Cannella. “But the state does not operate that way, and that is why we are having the problem we are having,” he said.

2016-05-31T19:24:11-07:00February 22nd, 2016|

Interior Assesses California Water

U.S. Department of Interior’s Tom Iseman Assesses California Water

Tom Iseman, deputy assistant secretary for water and science at the U.S. Department of the Interior, in an exclusive interview with California Ag Today’s farm news director, Patrick Cavanaugh, assessed how California is faring given the drought.

Cavanaugh:  I see you as someone who focuses on not just solutions but also the issues and tragedies caused by the extended drought in California. From your perspective, how is California doing and how could things be better?

Iseman:         First of all, I think California is obviously on the leading edge for a lot of reasons, but the state is in the midst of an extended drought. So it is really forcing us to be smarter about how we address these water scarcity challenges. I have been very impressed with the way we have been able to really work together—the Bureau of Reclamation working with the state, the water users and the conservation groups—to think about how we can stretch our limited water supplies to meet these different purposes.

Tom Iseman, deputy assistant secretary, U.S. Department of the Interior

Tom Iseman, deputy assistant secretary, U.S. Department of the Interior (Source: https://www.linkedin.com/in/tom-iseman-3354aa7)

Cavanaugh:  Obviously the country is not able to build another Hoover Dam, but does the Interior understand that we need more storage in California for the rainy days?

Iseman:         Absolutely. There are different ways to do it, so we are looking at a number of projects. One is raising Shasta Dam; one is a new reservoir possibly on the upper San Joaquin River (Temperance Flats); and Sites Reservoir.

Cavanaugh:  But those projects are a long way off, and they may never be built. What can California do now to increase its water portfolio?

Iseman:         There are smarter ways we can build smaller-scale storage and new ways to operate our facilities to stretch water supplies to our advantage.

Cavanaugh:  Could you talk about how we can use water differently? Desal is more expensive water, but water needs to be more expensive. When water gets more expensive, people conserve more, right? Talk about your vision of desal in America, particularly in California.

Iseman:         Generally, clean water technology is a big part of what we need to be doing. It is not just building new storage; it’s being smarter with what we have. So, technology is a great way to do that. We have desalination, water recycling and water reuse. Having these options creates an opportunity for more partnerships. So now you can have cities recycling their water and sending their water supply to agricultural water users—a win-win situation. The city gets some revenue and deals with its wastewater, and agricultural water users get a new supply. That is the way we should be thinking—about the possible partnerships to take advantage of these options.

Cavanaugh:  People building desal plants in cities like Santa Barbara, mothballed the plants when the rains came. We need to make desal part of the culture of these cities located on the ocean. I mean, does the Department of the Interior see that as a rational thing to do?

Iseman:         It’s interesting. Obviously it has been done in other places, and they have invested quite a bit of money here in California. It comes down to economics; we don’t make the decision about whether a city builds or doesn’t build a desal plant, but it is part of the water supply list, potentially.

The challenges with desal is just the cost right now and how much energy and waste it can produce. And they are comparing that to the other options out there. Are there other technologies out there that we can use? Are there water markets or water rights I can acquire? Is there potential for new storage? I think the cost will help sort that out.

The part that cost doesn’t address in some ways—and it can be built in—is the uncertainty. One thing, I think, about a desal plant that people like is that you know there is going to be a water supply if you are on the ocean. And if you have the money and can generate the energy, you can get the water. As you see more uncertainty in our climate and in our existing water supplies, that would be one argument in favor of desal.

Cavanaugh:  It is stable.

Iseman:         Yes, and we need reliability.

Cavanaugh:  Well, you talked about the cost and the economics, but we all need to pay more for water, and I’d be the first one. It would make everyone conserve more, right?

Iseman:         Absolutely.

Cavanaugh:  Maybe, raise the cost of water $10 a bill?

Iseman:         Well, I’m not going to say we are going to raise people’s water rates, but if you talk to the industry and look at the future of the industry, a lot of people say, ‘People need to pay more for water.’ That is how you get the investments.

The federal budget is constrained; they are not going to be there when we are going out and building Hoover Dam in ten years. We just don’t have that kind of resources anymore. So the question is, how do you get more revenue stream in to help contribute to the cost of those investments? And that goes back to rates. And at some point, we will have to decide how much we pay for water and how much we value our water.

Cavanaugh:  Thanks for being aware of all this. Are you encouraged we will find solutions?

Iseman:         We talk about California everyday; we are all very aware of the things that are happening. But I really gained an appreciation of the innovation, the energy and the cooperation of people here—the commitment they have in dealing with these issues. I was glad to be a part of it.

_____________________________

Link:

U.S. Department of the Interior

2016-05-31T19:24:12-07:00February 19th, 2016|

Sign Up For Our Newsletter!

(We do not share your data with anybody, and only use it for its intended purpose)

California Ag News…
At Your Fingertips!

Unable to load Tweets

Copyright 2021 California Ag Today | CaliforniaAgToday.com owned and operated by Californians.

Website Designed by Desert Tech Pros

Copyright 2021 California Ag Today | CaliforniaAgToday.com owned and operated by Californians.

Website Designed by Desert Tech Pros

Go to Top