ENDANGERED SPECIES ACT OVERREACHES HUMAN RIGHTS

The Endangered Species Act Turns 40

A Statement by Rob Rivett, President, Pacific Legal Foundation.

This year the Endangered Species Act turns 40. President Richard Nixon, on December 28, 1973, signed into law one of the nation’s most powerful environmental laws. The law vested authority in the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration to enforce a wave of new regulations, and create a new relationship between homo sapiens and other species.

Soon after its passage, the U.S. Supreme Court declared it the most comprehensive law ever passed for the protection of species and that ESA enforcement must occur “whatever the cost.” Federal officials have used their power under the Act to regulate private property as if it were public land.

The degree to which the ESA has been successful is a matter of debate. Of the estimated $3 billion of taxpayer funds necessary to fund the annual operation of the ESA, less than 1 percent of the species in North America have been recovered out of more than 1,400 that have been listed. One undebatable fact is the law has created a flood of lawsuits, those filed to seek government acts, and those filed to limit them.

Since its founding in 1973 — the same year the Endangered Species Act (ESA) was enacted — Pacific Legal Foundation has been America’s watchdog in the courts to check and reverse government abuse of this and other environmental laws.

PLF has enough experience with the ESA to know that a well-intentioned law can completely turn the tables on common sense, sound science, and the fundamental freedoms of people. PLF believes in responsible stewardship of our land, water, and air for the benefit of people, the environment, and the species that inhabit it. The trouble comes when a law designed to help species harms the people who care for the environment — including farmers, ranchers, and foresters — those living and working in America’s “environment.”

The protection of the environment is only one of many competing and important social values in America. In an orderly society, no single value can be exalted “whatever the cost.” Environmental laws can and must be administered so as to safeguard, and not thwart, fundamental human needs and rights. Therefore, Pacific Legal Foundation has assumed a leading role in protecting constitutionally established limits on governmental power and ensuring individual freedom.

Nearly 40 years after its enactment, the Federal Endangered Species Act remains one of the nation’s most potent threats to our constitutionally protected property rights. Crafted by the Congress with the noble goal of saving species from extinction, and helping them to return to health, the law today has led to controversy and regulatory creep across our nation’s landscape.

Because Pacific Legal Foundation supports a balanced approach to environmental regulations — like the ESA, we’re taking the opportunity in 2013 to examine aspects of the law, with particular emphasis on past and current cases we’ve litigated.

During the course of the year, this landing page will feature PLF opinion articles, videos, podcasts, and news and information about current PLF cases.  Whether you are part of the “regulated community” or just a concerned citizen who values liberty and a thriving environment, I invite you to check in regularly on this page to see our latest postings and to give us your feedback.

Of course, as a nonprofit legal charity, Pacific Legal Foundation welcomes your charitable donations.

If you believe, as we do, that in protecting our nation’s environment, our constitutional rights should not be threatened or endangered by government agencies and activist groups, I invite you to become a supporter of PLF’s legal program.

Patrick Cavanaugh2021-05-12T11:06:03-07:00August 22nd, 2013|

Pear Growers Are Having A Tough Time

Labor Shortages Challenging Industry

By Patrick Cavanaugh

“We’re not seeing anything that we did not expect this year in terms of labor shortages,” said Bryan Little, Labor Relations, California Farm Bureau Federation in Sacramento.

Little said that labor is running about 30 percent short, about like it did last season.

“We saw the first shortages were with the cherry harvest this spring , but since the cherry crop was light, the labor shortage was not so evident,” Little said.

Currently, pear producers in the Delta and in Lake County are seeing some shortages, which is causing some strong-arming from harvesters. Usually, packinghouses want pears picked for size. Workers are demanding to get in and get out, by stripping all the fruit from the trees and get paid. “In this situation pear growers do not have many options,” said Little.

No word at this time on how the raisin industry is fairing, as the harvest has just begun.

In the Salinas Valley there are about 30 percent down as well. Growers there are making daily decisions on whether or not to pay overtime to harvest a field.

“If you have a field of cabbage and you need to get it out for the marketplace then an economic decision must be made. Use the limited workers and pay overtime, or disk the field under,” said Little.

California Farm Bureau Federation is continuing their online labor survey this season. Growers are encouraged to take the survey. http://www.cfbf.com/employmentsurvey/

Patrick Cavanaugh2016-05-31T19:45:23-07:00August 21st, 2013|

EPA REQUIRES NEW POLLINATOR PROTECTION LABEL

Outdoor Foliar Products Re-Labeled for Pollinator Protection

The U.S. EPA issued a letter today to registrants of nitroguanidine neonicotinoid products that requires new labeling on all products registered for outdoor foliar use, (except granulars).

These include products that contain the active ingredients clothianidin, dinotefuran, imidacloprid, or thiamethoxam regardless of formulation, concentration, or intended user.

The necessary label changes incorporate a “Pollinator Protection Box” as well as new pollinator language to be added to the “Directions for Use” section of each label.

These labeling terms will highlight the measures necessary to better protect pollinators and also help achieve label clarity and consistency across this chemical class.

Current labeling must use the term “foraging” to describe any reference to bees, as opposed to former phasing such as “actively visiting,” “actively foraging” or “visiting.”

It is essential for these label statements to be implemented immediately on the labeling of eligible products. In the absence of labeling changes, EPA will take appropriate actions to ensure that these products are consistent with the requirements of Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

If these changes are made in the expedited fashion described in the letter, EPA anticipates labels with the new language will be available for the 2014 use season.

The submission of efficacy data and the company’s pollinator stewardship plan requested in the EPA’s July 22, 2013 letter should be submitted if they have not been submitted to date.

Registrants are requested to submit an electronic label (text .pdf) and the fast-track amendment application no later than September 3, 2013 via email to mailto:laws.meredith@epa.gov.

Guidance for electronic submission, including e-labels are on the EPA’s website: www.epa.gov/pesticides/regulating/registering/submissions/index.htm

Patrick Cavanaugh2016-05-31T19:45:23-07:00August 21st, 2013|

Aug. 29 Kings County Meeting Will Update Pistachio Growers

Gill’s Mealybug in Pistachios

Gill’s mealybug is a relatively new pest of pistachios in California. It was first recognized in the late 1990s near the town of Tulare. It can now be found throughout most of Tulare County and is becoming more and more established in Kern and Kings Counties.

During 2013, UCCE Farm advisors David Haviland and Elizabeth Fichtner conducted an insecticide trial to evaluate the effectiveness of existing and prospective insecticides against Gill’s mealybug.

Pistachio growers are invited to see the results of this trial while taking the opportunity to learn more about this pest and how it can be managed.

Thursday, August 29, 2013  10:00 am – 12:00 pm at the  intersection of Ave. 208 and Rd. 28, Northeast of Corcoran

Sponsored by UCCE Farm Advisors David Haviland and Elizabeth Fichtner No reservations required. For more info call (661) 868-6200

There will be a formal presentation from 10:15 to 10:35am. The remainder of the time will be for discussion and exploration of an ongoing mealybug research trial. (No CEU units are being offered)

Patrick Cavanaugh2016-05-31T19:45:23-07:00August 21st, 2013|

CAPCA SEMINARS DELIVER GREAT SPEAKERS

Nutrient Management Discussed At Seminar

By Patrick Cavanaugh, Editor

Terry Stark

At a CAPCA Ed Seminar in Exeter, California, with more than 75 Pest Control Advisors (PCAs)/Certified Crop Advisors (CCAs), the audience heard the latest on the efficient use of nitrogen, phosphorus and potassium fertilizers.

Terry Stark, CAPCA CEO/President, noted that CAPCA runs the CCA programs and about 95 percent of all CCAs are also California PCAs. CCAs will be important in the new mandates of managing nitrogen in farming.

Cory Schurman, with Agro-Culture Liquid Fertilizer, spoke about nitrogen efficiency. It all starts with the 4 R’s:

Attendees at CAPCA eds Exeter Nutrient Management Seminar

· Right Source

· Right Rate

· Right Timing, and

· Right Placement

“When N containing materials are applied to soils, certain generalized reactions take place that influence the relative availability of the N for crop uptake,” said Schurman.

Cory Schurman

Mineralizationis the process of transforming N from organic forms to inorganic N in soil. This occurs in a number of steps. Organic matter decomposes by breaking down complex organic molecules to smaller and more soluble inorganic ones such as ammonium and nitrate. Schurman noted that most soil microbes carry out mineralization. “The ideal conditions are soils with oxygen content greater than five percent, temperatures between 85 and 100 F, soil pH near 7.0, and moisture content near the soil’s holding capacity,” said Schurman.

Nitrificationis the reaction that creates nitrate from ammonium. Microorganisms carry out these reactions by meeting their energy needs, thereby oxidizing ammonium. The ideal conditions for rapid nitrification are temperatures at 75-85 F, well-aerated soils, pH between 6-8, soils with good water and nutrient levels and soils containing organic matter with good fertility.

Immobilizationoccurs when soil microbes assimilate plant-available N into their bodies or cells. “This most typically happens when a large amount of crop residue with a high C: N ratio is mixed with the soil. Soil N that is immobilized is not lost from the soil; rather, it is retained by the bacterial and humus until it slowly reverts to plant-available N through mineralization,” Schurman said.

Schurman emphasized it is critical that growers meet a crop’s nutrient demand curve.

· Match the timing of the treatment with the crop’s ability to utilize the applied nutrient

· Match the amount that is applied with the crop’s ability to make use of the treatment

· Choose the balance and nutrient that offer the greatest opportunity for uptake.

· Consider foliar feeding to meet a crop’s heavy nutrient needs.

To maximize yield potential, Schurman noted four additional points:

· Complete soil/tissue analysis.

· Consider crop potential.

· Research limiting factors, with soil characteristics and nutrient availability in mind.

· Design nutrient program.

Mark Davis, with Great Salt Lake Minerals, spoke about the role of Potash (K) in nutrient management.

Mark Davis

Davis focused on many crops regarding their potassium need. In vegetables, adequate K is required for both yield and quality. “Where K is limited, tomatoes, potatoes and cabbage often show discoloration of the internal tissue,” Davis said. “Both tomatoes and potatoes respond well to applied K in terms of total yield and percent of that yield meeting strict market standards.”

Adequate nitrogen is needed as N and K interact to help achieve maximum economic yield.

In tree crops, low K saw a 27 percent increase in spur mortality. This was attributed to a return bloom of 30 percent lower in low K trees, which led to a reduced yield. K removal from the soil is high in most permanent crops.

“Factors that affect K’s utilization include poor soil aeration, soil moisture that is too dry or too wet, soil temps that are too low and soil texture such as high clay content that holds onto K,” Davis said.

Davis noted that the K application must precede the uptake. “Understanding the major demands of K during the growth stage of the plant is important,” Davis said. “And make sure that K is available during this uptake.”

In determining the right rate of K, Davis noted that growers should start with a yield goal. “They should then determine crop need and potential removal of K. Growers should utilize soil and tissue sampling to determine soil K supply and mineralogy/moisture issues that may affect K availability.

Dan Munk

Dan Munk, UC Cooperative Extension Farm Advisor Fresno County, also spoke at the half-day event. Munk said that he has been the cotton farm advisor during his work in Fresno, but since cotton acreage is down, he has picked up the responsibility of irrigation and water management.

Munk spoke about many different nutrients along with important nutrient issues.

“You have start with the economics of crop productivity in that fertilizers/amendments have a cost,” Munk said. “There are also application costs and excessive vigor on permanent crops which increases cost of pruning. Excessive vigor can also impact insect and disease management.”

“And very importantly, growers need to understand the balance of fertilizer needs, according to each crop,” Munk said.

“Growers should also keep in mind environmental degradation in areas leading to water quality problems and greenhouse gas emissions,” Munk added.

Munk outlined effective fertilization practices in orchards, which include:

· Fertigation.

· Split Applications.

· Accounting for nitrates in the irrigation water.

· Planting legume cover crops.

· Quickly incorporating or irrigating after a broadcast application.

· Avoiding applications during the late fall and winter when uptake is minimal.

He also noted that foliar sprays of urea in the fall to help drop leaves could contribute to the total nitrogen needs of some orchard crops. Furthermore, in selecting a fertilizer material, consider the potential effects of other nutrients in the blend and the effect on soil pH.

Munk also noted situations where limited fertilizer applications may be warranted.

· High rates of manure or compost were recently applied.

· Legume cover crops were used.

· Previous crop was not harvested.

· Irrigation water is high in nitrates.

· Crop has very low nutrient requirements, such as in young trees.

· Some areas of the field may have low productivity zones.

Dr. Rob Mikkelsen, Western North America Director, International Plant Nutrition Institute (IPNI) spoke about soil, water and tissue testing for nutrient management.

IPNI is a global not-for-profit scientific and research education group on fertilizers.

Dr. Rob Mikkelsen

“You have all heard about nutrient management plans that will affect many growers throughout the San Joaquin Valley Water Quality Coalition. Water quality is what is driving all of this,” Mikkelsen said. The East San Joaquin area of Modesto, Turlock, Merced, and Madera, have those regulations in place and will begin January 2014. Growers in the coalition area must manage their nitrogen, with budgets. The regional water board is targeting the southern San Joaquin Valley next.

“The bottom line is if growers in the East San Joaquin Water Quality Coalition are in a zone that is vulnerable to nitrate leaching, they will each need a Certified Crop Advisor (CCA) to sign on his/her farm’s nitrogen management plans. The grower then submits it to the coalition.

“If every pound of nitrogen that we apply ended up in a plant, it would be easy; but, we would be lucky if we were to get half that N in the plant,” Mikkelsen remarked.

“In reality we are trying to balance all these inputs, the water, nitrogen fixation, organic matter, extra fertilizer, and manures, with what the plant needs. But some of nitrogen is harvested off, some goes back into the organic matter, some is lost as a gas, and some gets leached. So we are trying to predict these things while guessing what the weather will be like, and it’s very difficult,” Mikkelsen said. “And if you mess up on one or two of these things, the whole process is out of balance.”

“So what we are being asked to do is a real challenge. But I think all of us can make some adjustments to do a better job,” he said. “The 4 R’s are a good way to approach the N applications, and have that discussion with regulators. If you can describe the source, rate, time and place, you are doing something right and showing some accountability of the decisions that you are making.”

“We will all need to show why we are doing what we are doing and how we are minimizing those losses into the water. If we cut back on N use but put it on at the wrong time, then we are not doing the right thing. We all need to be mindful of the right amount at the right time,” Mikkelsen said. “We need to do this because we have nitrates in the ground water in many parts of the state. And some are saying that we are paying for the sins of our grandfathers and that may be true, but we are the ones that need to change things to make some improvements and clean it up.”

According to UC Davis studies, high economic yields are compatible with a minimal amount of leaching. The research never showed leaching at zero, but it worsens as growers push yields. “More is not always good,” Mikkelsen said.

Also speaking at the seminar was Dennis Keller, Sub-Watershed Coordinator, Kaweah Sub-Watershed Kings County Conservation District. His topic was the Irrigated Lands Regulatory Program and Nitrogen.

Following lunch, Dr. Eric Ellison, with Agrium spoke about: “It Takes More than NPK”; Dr. Steve Petrie, Yara North American spoke about calcium’s role in nutrient management; and Bill Green, Center for Irrigation Technology, California State University Fresno spoke about fertigation and nutrient management. We will cover what these speakers said at a later time on this blog.

Patrick Cavanaugh2016-05-31T19:45:23-07:00August 21st, 2013|

URBAN AG IN L.A. COUNTY

–>

New Research on Urban Farming

A group of graduate students in urban planning at the UCLA Luskin School of Public Affairs has created the first comprehensive picture of urban agriculture in Los Angeles County, according to the California Department of Food and Agriculture.

While farming has long been the domain of rural landscapes, increasing interest in the local-food movement, healthy eating and sustainable cities has sparked the growth of farming in urban environments. The new report, “Cultivate L.A.: An Assessment of Urban Agriculture in L.A. County,” is intended to aid city planners as they learn how to accommodate these new land uses in the nation’s most populous county.

Project managers also expect the data to be a useful tool for urban agriculture practitioners and start-up entrepreneurs seeking information about current and future business models and siting opportunities for urban agriculture enterprises. Advocates, such as the Los Angeles Food Policy Council, will use the research to inform efforts to create a more seamless infrastructure and support system for urban agriculture in Los Angeles County’s food ecosystem.

The researchers produced an interactive map detailing the location of every formal urban agriculture site across the county, excluding residential backyard gardens. The map is supplemented by a report, downloadable from the same website, with in-depth analysis. The report includes an appendix that catalogs laws and regulations governing urban agriculture in each of L.A. County’s 88 municipalities, case studies and other resources.

Urban agriculture, as defined in the report, is any undertaking that produces, processes, distributes or sells fruits, vegetables, livestock, floral goods or other materials in urban settings or their immediate surroundings.

Among the group’s findings:

There are a total of 1,261 verified urban agriculture sites — categorized as school gardens, community gardens and commercial primary growing sites — in Los Angeles County.

L.A. County’s urban agriculture activity encompasses school gardens with 761 sites and commercial agricultural operations (nurseries and farms) total 382 sites, and community gardens. Unclear, complex and conflicting regulations were found to constrain agricultural entrepreneurs.

Definitions for agricultural activities in municipal codes vary widely across the county, making it difficult — if not impossible — for urban farmers to operate in compliance with local health and zoning regulations.

L.A. County’s urban farmers travel an average of 13.9 miles to distribute their goods versus the 46.8-mile average traveled by the county’s farmer’s market vendors.

The University of California Cooperative Extension-Los Angeles County assisted professors and students in this project. UCCE, part of the University of California’s Division of Agriculture and Natural Resources, works with home gardeners and commercial agriculture but has only recently begun a coordinated effort to address the needs of urban farmers.

Patrick Cavanaugh2016-05-31T19:45:23-07:00August 20th, 2013|

Garlic and Onion Growers Finishing up 2013, Getting Ready for 2014

Onions and Garlic Harvest Continues

Some Growers Hurt By Lack of Water

Onion and garlic growers are still harvesting on the Westside of the San Joaquin Valley for the dehydrated (dehy) market. The industry is only harvesting what the processing plants can handle in a given day.

Bob Ehn

“Fresh market garlic and onions are nearly all finished and quality across the fields is good,” said Bob Ehn, CEO and Technical Manager for the California Garlic and Onion Research Advisory Board, based in Clovis Calif. He added that some growers were not able to finish their fields because they did not have enough water for the last irrigation. “It really affected the yields of the late varieties,” Ehn noted.

The processed crops will continue through September, and then quickly new fields will be planted for the 2014 season.

Ehn reports that the harvest of dyhy onions in the Tule Lake area of northern California will also start the first of September. “This is a major growing area for the state,” Ehn noted.

Patrick Cavanaugh2016-05-31T19:45:23-07:00August 19th, 2013|

2013 RAISIN CROP HARVEST BEGINS

Raisin Production up a Whopping 25.5 Percent

Raisin harvest has begun, which is about 7 to 10 days earlier than last year.

The raisin-type variety grape forecast is 2.40 million tons, up 25.5 percent from the 2012 final production. Based on the objective measurement survey, bunches per vine totaled a record 47.7 compared to 29.1 in 2012.

Thompson Seedless on the Tray

Acreage of bearing age is 200,000, which means a record high yield is expected. The 2013 California raisin-type grape crop is shaping up to be the largest crop since 2008.

Weather conditions have been good for crop development, which is a few days ahead of normal. Mildew pressure was low, but mites were significant. In traveling throughout the valley, California Ag Today editors report a lot of burned leaves due to mite feeding.

The forecast is based on the results of the Raisin Grape Objective Measurement (O.M.) Survey conducted in July. The Fresno-based Raisin Administrative Committee provided funding for the 2013 Raisin O.M. Survey.

What effect this production has on grower prices is still up in the air at this time.

Patrick Cavanaugh2016-05-31T19:45:23-07:00August 19th, 2013|

PCAs RECOMMEND CLOSE OBSERVATION

2013 Cotton Crop Opening Up

By Patrick Cavanaugh

Photo taken Sunday, August 18 Near San Joaquin.

Bolls are opening up in Fresno County. The photo of the open boll was taken on Sunday Aug. 18 near the town of San Joaquin. This field was flowering toward the top of the plant with the lower first position bolls open.

Pest Control Advisors say whiteflies and aphids could cause sticky cotton, which can decrease quality. Regular field scouting and timely sprays are recommended.

Patrick Cavanaugh2016-05-31T19:45:24-07:00August 19th, 2013|

USDA OFFERS HELP TO THOSE AFFECTED

Calif. Counties Declared Drought Disasters

The U.S. Department of Agriculture (USDA) designated the following six counties in California as primary natural disaster areas on Aug. 14, 2013, due to damages and losses caused by the recent drought: Del Norte, Mendocino, Siskiyou, Humboldt, Shasta and Trinity.

Farmers and ranchers in the following contiguous counties in California also qualify for natural disaster relief: Glenn, Lassen, Plumas, Tehama, Lake, Modoc, and Sonoma.

“Our hearts go out to those California farmers and ranchers affected by recent natural disasters,” said Agriculture Secretary Tom Vilsack. “President Obama and I are committed to ensuring that agriculture remains a bright spot in our nation’s economy by sustaining the successes of America’s farmers, ranchers and rural communities through these difficult times. We’re also telling California producers that USDA stands with you and your communities when severe weather and natural disasters threaten to disrupt your livelihood.”

With natural disaster designation, a county’s qualified farm operators are eligible for low interest emergency (EM) loans from USDA’s Farm Service Agency (FSA), provided eligibility requirements are met.

Farmers in eligible counties have eight months from the date of the declaration to apply for loans to help cover part of their actual losses. FSA will consider each loan application on its own merits, taking into account the extent of losses, security available and repayment ability. FSA has a variety of programs, in addition to the EM loan program, to help eligible farmers recover from adversity.

Secretary Vilsack also reminds producers that Congress has not funded the five disaster assistance programs authorized by the 2008 Farm Bill. These are SURE; the Livestock Indemnity Program (LIP); the Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish (ELAP); the Livestock Forage Disaster Program (LFP); and the Tree Assistance Program (TAP). Production losses due to disasters occurring after Sept. 30, 2011, are not eligible for disaster program coverage.

Patrick Cavanaugh2016-05-31T19:45:24-07:00August 19th, 2013|

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California Ag News…
At Your Fingertips!

The Endangered Species Act Turns 40

A Statement by Rob Rivett, President, Pacific Legal Foundation.

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California Ag News… At Your Fingertips!

California Ag News…
At Your Fingertips!