Monday, February 23, 2009

Nez Perce Agreement - ICIE's Saturday Summary 2/21/09

The Saturday Summary is a weekly roundup of some of ICIE’s activities in and around the Idaho Legislature. Staffing limits mean we can’t cover every meeting. If there’s an item of interest to you at an upcoming meeting of one of the environment or agriculture committees, let us know and we’ll try to cover it. Agendas are available at www.state.id.us. Click on “Legislative” and click on “Calendars and agendas.”

The House Resources and Conservation Committee met on Thursday to hear presentations on Idaho Forestry Program that is part of the Snake River Basin Adjudication settlement agreement and one on tracking Idaho wolves.

Steve Strack from the Idaho Attorney General’s office briefed the committee members on the settlement agreement which took six years of negotiation. The forestry program is part of the Nez Perce Agreement which was a settlement of the Nez Perce Tribe’s claims to water rights on the Snake River. It is a voluntary program which outlines forest management practices that protect salmonids while giving the forest landowner an incidental take permit under Section 6 of the Endangered Species. This approach is the first of its kind. The riparian protection measures outlined in the program provide 95% protection of a pristine area.

Implementation began in 2005. Following these practices has not much financial impact on the endowment funds produced by Idaho’s state forest lands. The program is designed to be profitable in addition to protecting salmonids.

A notice of intent to conduct public scoping has been published to allow the public an opportunity to comment on the provisions of the agreement which will lead to reasonable alternative. Under order to comply with Section 6, there has to be public scoping opportunities. The process will take two years. It will cover all aspects of industrial forestry practices.

Wolf Impact - ICIE's Saturday Summary 2/21/09

The Saturday Summary is a weekly roundup of some of ICIE’s activities in and around the Idaho Legislature. Staffing limits mean we can’t cover every meeting. If there’s an item of interest to you at an upcoming meeting of one of the environment or agriculture committees, let us know and we’ll try to cover it. Agendas are available at www.state.id.us. Click on “Legislative” and click on “Calendars and agendas.”

The House Resources and Conservation Committee met on Thursday to hear a presentations on tracking Idaho wolves.

The department is collaring and tracking both wolves and elk to demonstrate the impact of wolves on Idaho elk herds.

Using GPS collars allows Fish & Game to get actual data to track individuals in the Lolo Zone and the Sawtooth Zone. The data from the collars are transferred through satellites to the Fish & game office to be analyzed. The committee was shown an example of the path of a particular elk calf and the path of the wolves that it eventually encountered.

Fish & Game reported that Idaho is way over the recovery levels for wolf numbers in the Lolo Zone. 91% of the hunter days in that area have been lost due to wolf depredation. There needs to be an aggressive effort to restore elk populations. The information about actual wolf-elk interaction will help with that effort.

Senator Mike Crapo Reports to the Food Producers of Idaho - ICIE's Saturday Summary 2/21/09

The Saturday Summary is a weekly roundup of some of ICIE’s activities in and around the Idaho Legislature. Staffing limits mean we can’t cover every meeting. If there’s an item of interest to you at an upcoming meeting of one of the environment or agriculture committees, let us know and we’ll try to cover it. Agendas are available at www.state.id.us. Click on “Legislative” and click on “Calendars and agendas.”

Senator Mike Crapo spent some time with members of Food Producers of Idaho at their Wednesday meeting. Following is a summary of the discussion:

He explained that he did not vote for President Obama’s stimulus package. It will cost $1.1 trillion when interest is added. This is more money than 30 years of the space program and double the amount spent on the entire New Deal. It is supposed to be targeted to stimulate the economy and is based on the premise that we can spend our way into prosperity.

According to the Senator, these are borrowed dollars and most economists agree that in the long term, this will restrict our future capital supply.

He has heard no specifics from the new administration yet on immigration. The Democrats in Congress are leaning toward a wide-open system of immigration that grants amnesty to all illegal aliens and allows for broader immigration. Senator Crapo does not believe in amnesty for illegal aliens. He would rather have a guest worker program in which they can apply for citizenship or transition back to their own countries.

There are kinks in the e-verify system for checking on legal status of workers. These need to be worked out before it is required and should be part of reworking the entire immigration system. The Democrats took it out of the stimulus package.

Sen. Chris Dodd, Chairman of the Senate banking committee, is interested in significant reform of the financial regulatory system.

EPA is getting more aggressive with a new enforcement mentality. Senator Crapo is a member of the Environment & Public Works Committee which has oversight over EPA; however, the chairman of the committee is Senator Barbara Boxer of California and supports these stepped up enforcement activities. The Senator summed it up by saying that big government is back and we can expect increase federal intervention and regulation.

ICIE Legislative Activities - ICIE's Saturday Summary 2/21/09

The Saturday Summary is a weekly roundup of some of ICIE’s activities in and around the Idaho Legislature. Staffing limits mean we can’t cover every meeting. If there’s an item of interest to you at an upcoming meeting of one of the environment or agriculture committees, let us know and we’ll try to cover it. Agendas are available at www.state.id.us. Click on “Legislative” and click on “Calendars and agendas.”

Members of ICIE’s Environmental/Regulatory Affairs (E/RA) Committee gave a presentation to the House Environment, Energy & Technology Committee on Rules, Guidance and Stringency. This was fifth presentation to a legislative committee on the topic for this session. The same cast of characters were introduced by Norm Semanko, Chairman of the E/RA Committee —Roy Eiguren, Eiguren Public Law & Policy; Jack Lyman, Idaho Mining Association; Joan Cloonan, member of the Board of Environmental Quality and environmental consultant.

Quagga Mussel Report - Saturday Summary 2/21/09

The Saturday Summary is a weekly roundup of some of ICIE’s activities in and around the Idaho Legislature. Staffing limits mean we can’t cover every meeting. If there’s an item of interest to you at an upcoming meeting of one of the environment or agriculture committees, let us know and we’ll try to cover it. Agendas are available at www.state.id.us. Click on “Legislative” and click on “Calendars and agendas.”

The invasive Quagga Mussel was the topic of a special meeting on Thursday of the Environment and Common Sense Task Force. Representative Eric Anderson, who co-chairs the committee with Senator Curt McKenzie, introduced a video produced by Oregon Public Television which traces the species from Lake Michigan to Lake Mead. Representatives from the Idaho State Department of Agriculture and private industry provided their insight. The information is alarming. The tiny shellfish destroys habitat and boats. A single female the size of a fingernail produces an estimated 1 million eggs each mating season. There are an estimated three trillion Quagga in Lake Michigan, with an estimated 700,000 per square meter. They are spreading to other bodies of water throughout the east. It has found its way west and is now present in lakes in California, Nevada, Arizona, Colorado and Utah. The species was first recorded in Lake Mead in January of 2007 and is now clogging intake valves in Hoover Dam. Experts say it is not a matter of whether the mussel will be introduced to Idaho waters, but when.

The financial impact to Idaho, once the species is introduced, is projected at $91 million annually in increased maintenance. The estimate doesn’t include impacts to agriculture and recreation.
The number one method of transport of the Quaqqa Mussel is trailers and boats. Once the species is introduced, there is very little that can be done. An aggressive public education effort, the implementation of boat rinsing stations and strict regulation of recreational vehicles are required.

Private industry is looking at developing pesticides that are not toxic to other wildlife, with little success. Idaho is hosting a “Quagga drill” at the end of April in Lucky Peak reservoir, but the state plan focuses primarily on prevention, monitoring and education.

Industry experts recommend quarantining lakes where the species has been introduced, and installing wash stations at every boarder. The wash stations utilize high pressure water at 140 degrees. The mussel can also be killed by exposing it to air for five days. Bleach water and chemicals have limited success because the mussel’s ability to be self contained in its shell for long periods of time. An estimated 125 to 150 wash stations at every border crossing and at each body of water would have a significant effect at limiting the mussels’ access to Idaho waters. The stations cost an estimated $50,000 apiece.

Friday, February 20, 2009

2009 Goldroom Workshop: Noxious Weeds - Are We Winning or Losing?

Notes from the 2009 ICIE Goldroom Workshop
February 9, 2009

The Workshop was opened by Rep. Bert Stevenson, Chairman of House Committee on Resources and Environment, and ICIE President Trent Clark, who noted that this is the 20th year of this workshop – the first topic of which was Global Warming.

John D. Cantlon: Government Resource Manager, E.I. DuPont DeNemours Company
Cantlon noted that noxious weeds cause losses from agricultural production, increase wildfire events, diminish water and air quality, threaten public health due to pest control issues, and reduce recreational opportunities.

There are roughly about 300 undesirable plants in all states, with about 57 of those in Idaho. The spread rate is increasing from between 10 and 24% per year. Noxious weeds are alarming in their ability to spread.

Cantlon outlined a six part structure to a solution to this problem:
The State is the core – if we make sure county and state efforts are robust in terms of funding and structure, we begin to approach a solution.
Third party science is critical – Millions and millions of dollars are going into researching this issue, whereas in the late 90’s there were no research dollars. The Federal agencies are multipliers – Funding that comes through US Forest Service, Department of Agriculture or BLM can help when the funding in the state does not occur. The specialized informants – a number of NGO’s are very involved in this issue in terms of looking at managing their own properties. The suppliers – fabricators, contractors, manufacturers, and industry are involved in developing materials to solve some of these problems.
Legislation and appropriation are the fabric – the Western Governors’ Association, advocates at the Federal level, and other groups are collaborating on solutions.

Cantlon noted a number of what he called premier states in the noxious weeds issue – those that have excellent funding and structure:

Wyoming has the luxury of using tax receipts to fund this issue. Wyoming targets leafy spurge. The state works closely with its Department of Transportation to curtail invasive weed spread. Wyoming has implemented a pesticide registration fee.

Montana is similar in how they approach cost share.

Key actions on invasive species have happened since the early 1990s with the Aquatic Nuisance Prevention and Control Act targeting the zebra mussel. The National Invasive Species Act was reauthorized in 1996.

All these components have come together for these states. Groups from a number of states came together recently to talk about the issue, and outlined their key findings:

Need One – Stable, more dependable funding for prevention, detection, eradication and control. Need to gain champions in the legislature, advocating and educating.
Need Two – Regional communication and coordination.
Need Three – Awareness of these issues’ importance and how noxious weeds can harm us.

George N. Gough: Director, State & Local Government Affairs, Monsanto Company
Gough discussed the topic from an agricultural perspective. He noted that a weed is “a plant that interferes with management objectives for a particular piece of property.”

Farm crops compete with weeds for space, water, fertilizer. Weeds interfere with the full objective capacity of a farm field and can be harbingers of pests that can be harmful.

Herbicides control weeds today, but early on weeds were controlled manually, then mechanically. Both systems have their drawbacks. In the early 1900’s, herbicides often included kerosene or diesel. In the 1940’s, 2-4D helped us enter into effective weed control.

What is the impact on agriculture of weeds and weed control? Nationally, farmers spend about 60% of all the volume of agricultural crop protection on combating weeds. In Idaho, according to the CropLife Foundation, there is about 2.35 million pounds of herbicide utilized at a cost of about $63.5 million dollars for product, application, and fees.

The value back to agriculture of weed control totals about $432 million.

Without herbicide, the impact to crop yield in corn would be 35%; in dry beans, 25%; in hops, 25%; in onions, 15%; in potatoes, 35%, and in sugar beets, 40%.

Biotech crop technology has been the biggest growth area in the history of agriculture. This includes herbicide-resistant crops. Benefits of this technology go beyond effective weed control including increased soil moisture, reduced erosion, decreased soil compaction, reduced carbon dioxide emissions, and reduced production costs.

In recent years, herbicide-tolerant corn in Idaho resulted in decreased weed management costs of $1.239 million. Round Up-ready alfalfa and sugar beets are being introduced into Idaho with phenomenal results.

Jeffrey Pettingill: Weed Control Manager, Bonneville County Weed Department
Mr. Pettingill noted and thanked legislators for helping to pass a state weed law two years ago which helps with early detection; rapid-response; control of weeds that are present, but are not an immediate threat; containment of noxious weeds which are present in large quantities and cannot be eradicated immediately.

Cost-share funding combines help from private and public funding sources.

The worst thing Pettingill says he hears is: “If we are winning this war, why do we need more money for weeds?” He says we are doing a poor job of communicating what we have been able to preserve. “We are out there hand targeting weeds in draws and steep canyons,” he said, and noted that additional funding is needed for education and outreach.

County weed programs include:
- Northern Idaho – which contracts weed control services through the landowners, but performs no roadside maintenance
- Western Idaho – Which addresses noxious weeds and pests (gophers, mosquitoes and rabbits), but not a lot of roadside maintenance
- Eastern Idaho (which is the area that Pettingill manages for Bonneville County) – Which manages all noxious weeds and roadside maintenance.

This is an educational issue. One example is the salt cedar tree. One tree will consume 200 gallons of water per day. The trees produce a sap that makes it impossible for anything to grow around it. When the county offered to cut down any such trees in the area, they were contacted about the Ririe Reservoir—which had 240 salt cedar trees around it.

Another example is policeman’s helmet which is listed as one of Britain’s top 10 noxious weeds but was brought into the county as an ornamental plant.

Roger Batt: Statewide Coordinator if the Idaho Weed Awareness Campaign
Batt noted that the campaign started in 2001 as a result of the Idaho Strategic Plan for Managing Noxious and Invasive Weeds. The organization will have accomplished the objectives in this plan within the next three years.

The goal of the campaign is to get weeds in the media. Batt noted that they have done several things using paid and earned media opportunities. He showed some PSAs on leafy spurge. One with Governor Butch Otter promotes the website (http://www.idahoweedawareness.org/) and the weed hotline to report noxious weeds in a specific area. The hotline generates about 11,000 calls and the website about 40,000 hits a month. It has most of the 57 species listed, and a virtual field guide.

War of the Weeds was an Outdoor Idaho spot filmed in conjunction with Idaho Public Television. A similar radio spot promoted a weed identification booklet.

Batt introduced Elwood the Elk, the campaign’s award-winning mascot. Batt showed the group a video featuring Elwood outlining the top noxious weeds and the need to control them. He also distributed copies of the video to the committee members.
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Monday, February 16, 2009

ICIE Legislative Activities - ICIE's Saturday Summary 2/14/09

The Saturday Summary is a weekly roundup of some of ICIE’s activities in and around the Idaho Legislature. Staffing limits mean we can’t cover every meeting. If there’s an item of interest to you at an upcoming meeting of one of the environment or agriculture committees, let us know and we’ll try to cover it. Agendas are available at www.state.id.us. Click on “Legislative” and click on “Calendars and agendas.”

The House Resources and Conservation Committee, 2-11-09
The House Resources and Conservation Committee met on Wednesday to discuss a number of resolutions. Among which: a request to expand the duties of an interim committee to study the impacts of state policy initiatives designed to protect the value of working ranches, farms and forest land for other uses, which passed. Another resolution would have provided funding from license fees for the Idaho Department of Fish and Game to administer a survey of hunters and fishermen regarding their views on the management practices of the department. This resolution, and a similar one following it were sent back to the bills’ sponsor for reworking.

House Environment, Energy & Technology Committee, 2-12-09
Rich Rayhill of Ridgeline Energy presented the committee with information on the New Energy Economy, focusing on his company’s development in wind energy. He noted that the Snake River Plain provides ideal wind conditions as the winds gain strength as they hit the mountains that boarder the plain, that wind energy is a factor of rotor diameter (a windmill rotor in 1981 was 10m, today it is 127 m), and that problems with birds have been alleviated by changes in machinery and intelligent placement. Rayhill further noted that wind can provide baseload energy need according to a recent study by Stanford. Representative Eskridge noted that this committee has demonstrated its willingness to get behind the wind energy, doing everything in their power to create incentives equivalent to other states that attract such industries.
*****

Research on mercury convinces IDEQ to vote down a motion on mercury emission regulation - Saturday Summary 2/14/09

“Industry Group Rolled the Idaho Conservation League” (reprinted from IACI’s Legislative Report, February 13, 2009)
This was Rocky Barker’s assessment of the IDEQ Board meeting on February 12th at which IACI and ICIE presented its white paper on Sources and Receptors of Mercury in Idaho. The Board voted down a motion that would have asked industries to voluntarily install the best available technology for removing mercury from their smokestacks. The Idaho Conservation League had petitioned to get the Board to regulate mercury in the state in an effort to combat the pollutant that accumulates in fish and has serious health implications.

IACI and ICIE reported on the uncertainty in the science, and included one of the world’s top mercury pollution experts, Steve Lindberg, a retired environmental chemist from Oak Ridge National Laboratory, as one of its presenters at the meeting. He has assisted in developing mercury rules for states and the EPA and has worked on both sides of the issue during his career. Lindberg reported that the science linking an industry source to high mercury levels in fish in nearby reservoirs was not yet clear enough. He raised questions about whether atmospheric mercury pollution was as serious a problem in the American west as it is in the east, where there is more rain and more wet deposition of the pollutant. Board member, Nick Purdy, indicated that the confusion and uncertainty about the sources made it hard for them to make rules.
*****

Vehicle testing repeal sent back to sponsor - Saturday Summary 2/14/09

The House Environment, Energy and Technology Committee voted by a narrow margin to send a bill back to its sponsor that would have repealed last year’s air quality vehicle emissions testing bill. Representative Dick Harwood introduced the measure, saying he was representing constituents who had concerns about North Idaho counties qualifying for emissions testing under the bill. Representative Wendy Jaquet introduced a substitute motion to send the bill back to its sponsor, noting the amount of time and public input into last year’s bill were of concern, as well as the worry about the impact of non-attainment of local businesses.

Those in favor of his bill noted they would like to reopen the negotiations and see updated emissions numbers. Harwood noted that the law is an official capitulation to a federal bar on air quality that continues to be lowered every year, saying “’necessity’ is a plea to infringe on human rights. This is a method of tyrants.”
*****

Wolf Delisting - Saturday Summary 2/14/09

House Resources and Conservation Committee member Representative Lenore Barrett of Challis brought a House Joint Memorial before the committee regarding wolf delisting, noting “Idaho is fed up with the Federal foot dragging,” on this issue. She noted that the language of the bill is not hostile, but designed to bring the issue to the forefront of the Administration. The committee voted unanimously to send the bill to print.
*****

Tuesday, February 3, 2009

Fire Protection - Saturday Summary 1/31/09

This is a weekly roundup of some of ICIE’s activities in and around the Idaho Legislature. Staffing limits mean we can’t cover every meeting. If there’s an item of interest to you at an upcoming meeting of one of the environment or agriculture committees, let us know and we’ll try to cover it. Agendas are available at http://www.state.id.us/. Click on “Legislative” and click on “Calendars and agendas.”

The House Resources & Conservation committee heard a presentation on the 27th from George Bacon, Director of the Idaho Department of Lands. Mr. Bacon asked the committee to print a bill proposed by the department to increase the cap on the cost that private forest land owners pay for fire protection from 60 to 65 cents an acre and from $20 to $40 per improved lot or parcel. This increase would help the department have the equipment and resources to continue initial attach efforts wild fires. The department currently receives $2 million from the general fund for fire preparedness. It also receives $4 million from forest landowner assessments and $4 million in grants. Initial attack reduces the cost of firefighting on Idaho’s forest lands. Last year 250 fires started on state forest land. Three of these fires were not stopped with initial attack and the department spent $5.5 million to fight just those three fires. The increase would allow the department to establish a fund to replace fire equipment as necessary to continue its efforts to protect forest land and residences. The Idaho Land Board makes the final decision on fees, but must stay within the higher cap set by this legislation. *****

Wastewater Flow Areas - Saturday Summary 1/31/09

This is a weekly roundup of some of ICIE’s activities in and around the Idaho Legislature. Staffing limits mean we can’t cover every meeting. If there’s an item of interest to you at an upcoming meeting of one of the environment or agriculture committees, let us know and we’ll try to cover it. Agendas are available at http://www.state.id.us/. Click on “Legislative” and click on “Calendars and agendas.”

The House Environment Energy and Technology Committee met again on Wednesday (1-28-09) to discuss rules brought forth by the Idaho Department of Environmental Quality. Barry Brunell, Idaho DEQ water qualiy administrator presented a rule he said was intended to protect consumers from buying homes with faulty septic systems. The rule would increase the estimated wastewater flow area for septic systems based upon updated water use information for residential homes. Many members of the committee wondered to what extent consumers needed such protection, but Brunell didn’t have exact figures as to how many septic systems have actually failed due to too small a waste water field, versus other factors such as lack of maintenance or shoddy installation. The rule was also opposed by realtors and citizens who testified against it. The committee voted to reject the rule.

Ground Water Quality - Saturday Summary 1/31/09

This is from a weekly roundup of some of ICIE’s activities in and around the Idaho Legislature. Staffing limits mean we can’t cover every meeting. If there’s an item of interest to you at an upcoming meeting of one of the environment or agriculture committees, let us know and we’ll try to cover it. Agendas are available at http://www.state.id.us/. Click on “Legislative” and click on “Calendars and agendas.”

The House Environment, Energy and Technology Committee met again on Wednesday (1-28-09) to discuss rules brought forth by the Idaho Department of Environmental Quality. Barry Brunell, Idaho DEQ water qualiy administrator, presented a Ground Water Quality Rule. The DEQ has been meeting over the past two years with stakeholders, including those in the mining industry and environmental groups, to address setting points of compliance within which a mine can contaminate groundwater. Federal agencies leave these standards up to the state. The DEQ feels the resulting proposal is a good compromise between the two stakeholder groups, and expands the existing rule to include opportunities for the mine operator to request a point of compliance review for a fee. Testifying in favor of the rule were John Tippets, a representative of phosphate and nitrogen company, Agrium, and Jack Lyman of the Idaho Mining Association. Both noted that the DEQ proposal wasn’t exactly what they would have brought to the table, but it was a good compromise. Not so, said Justin Hayes, of the ICL who testified in opposition to the proposal, as it would grant permanent exemptions to the groundwater contamination parameter – leaving the state no recourse to pursue restitution from those companies that go out of business. He suggested implementing a bond requirement, which the DEQ staff felt was beyond the scope of the bill. Representative Eskridge asked the DEQ to consider the timeline issues raised by Hayes. The committee ultimately approved the rule, with Representatives Smith, Jaquet and Cronin dissenting. * * * * *

Bunker Hill - Saturday Summary 1/31/09

This is from a weekly roundup of some of ICIE’s activities in and around the Idaho Legislature. Staffing limits mean we can’t cover every meeting. If there’s an item of interest to you at an upcoming meeting of one of the environment or agriculture committees, let us know and we’ll try to cover it. Agendas are available at http://www.state.id.us/. Click on “Legislative” and click on “Calendars and agendas.”


On the 26th, the House Environment, Energy and Technology Committee addressed the expansion of the impact area of the Bunker Hill Mine site. Bunker Hill has been listed as a super fund site since 1982. The area surrounding the site was later expanded into the lower Silver Valley basin. The bill proposed by Department of Environmental Quality is intended to stimulate the local economy, providing a vehicle for land transfers for commercial development. For example, Eagle Crest Golf and Ski Resort has had a tremendous economic impact in the Silver Valley. The committee voted unanimously to send the bill to the floor. *****

Transmission - Saturday Summary 1/31/09

This is from a weekly roundup of some of ICIE’s activities in and around the Idaho Legislature. Staffing limits mean we can’t cover every meeting. If there’s an item of interest to you at an upcoming meeting of one of the environment or agriculture committees, let us know and we’ll try to cover it. Agendas are available at http://www.state.id.us/. Click on “Legislative” and click on “Calendars and agendas.”


House Environment, Energy & Technology Committee, 1-26-09: At last week’s House Environment, Energy and Technology Committee, Office of Energy Resources Administrator Paul Kjellander presented a bill to create priority status for transmmission projects in Idaho. This week, he returned with more information about its impacts. Committee members were particularly interested in how the designation of priority status would impact local government agencies. Kjellander noted the benefits of granting transmission projects priority status include providing an open public forum and public records to facilitate better public understanding of such projects. “People may still not like (a particular) project,” Kjellander noted, “but at least they’ll have the opportunity to understand it and why the priority status was designated.” Kjellander noted that the bill would not challenge the decision-making autonomy of county government where transmission projects were concerned. The bill would only pertain to those agencies that the State and Public Utilities Commission deal with. Representatives from the PUC and the Association of Idaho Counties testified that they agreed with Kjellander’s assessment of the impact of this bill on local authority. The committee voted to send the bill to the floor with a do-pass recommendation.
*****

ICIE Legislative Activities - Saturday Summary 1/31/09

This is from a weekly roundup of some of ICIE’s activities in and around the Idaho Legislature. Staffing limits mean we can’t cover every meeting. If there’s an item of interest to you at an upcoming meeting of one of the environment or agriculture committees, let us know and we’ll try to cover it. Agendas are available at http://www.state.id.us/. Click on “Legislative” and click on “Calendars and agendas.”


Senate Health & Welfare Committee, 1-26-09 Members of ICIE’s Environmental/Regulatory Affairs (E/RA) Committee gave a presentation to the Senate Health & Welfare Committee on Rules, Guidance and Stringency. Norm Semanko, Chairman of the E/RA Committee introduced the presenters—Roy Eiguren, Eiguren Public Law & Policy; Jack Lyman, Idaho Mining Association; Joan Cloonan, member of the Board of Environmental Quality and environmental consultant discussed the differences between rules and guidance and the issue of state stringency over federal rules. The same presentation was made the next day to the House Resources & Conservation Committee.
*****

Sheep Update - Saturday Summary– 1-31-09

This is from a weekly roundup of some of ICIE’s activities in and around the Idaho Legislature. Staffing limits mean we can’t cover every meeting. If there’s an item of interest to you at an upcoming meeting of one of the environment or agriculture committees, let us know and we’ll try to cover it. Agendas are available at http://www.state.id.us/. Click on “Legislative” and click on “Calendars and agendas.”

More on Sheep ...
I received a couple of calls this week about my report on the issue of sheep grazing rights in the Payette National Forest. So I did some research on the subject and watched the same presentation by sheep rancher, Ron Shirts and his attorney, Alan Schroeder, a second time when they came before the House Resources & Conservation Committee.

The correction: Big horn sheep were extirpated from the Hells Canyon area in the 1940’s, but there are currently big horn sheep in that area as a result of program to reintroduce them.

The dispute: Alan Schroeder showed the committee a map of the area in question with the location of big horn sheep marked. The Shirts family contends that there are few if any collared big horn sheep in the area during the time his domestic sheep would graze. His attorney presented a map that showed areas where bighorn sheep have been detected, and a map showing big horn sheep detected in that same area during the time domestic sheep would graze.

At the center of the dispute is the 1997 agreement which was signed by the state wildlife agencies of Idaho, Washington and Oregon, the Wallowa-Whitman National Forest (which has jurisdiction over Hells Canyon), Bureau of Land Management, the Foundation for North American Wild Sheep that allowed further reintroductions of bighorns in exchange for an agreement that domestic grazing would not be impaired.

According to a letter sent Idaho Wool Growers Association at the time, “the committee understands that bighorns may occasionally migrate outside of their designated range and come into contact with domestic sheep. These bighorns will be considered ‘at risk’ for potential disease transmission and death. There is also the potential for an exposed bighorn to leave the area and spread disease to other bighorn sheep. Under these conditions, the Idaho Department of Fish and Game, the Oregon Department of Fish and Wildlife, and the Washington Department of Wildlife will assume the responsibility for bighorn losses and further disease transmission in their respective areas. The three departments will also take whatever action is necessary to reduce further losses of bighorn sheep without adversely impacting domestic sheep operators.”

The Payette National Forest released its updated forest plan in 2003, and it seemed to include the essence of the 1997 agreement that bighorn reintroductions would not impair the grazing of domestic sheep. Several environmental groups and the Nez Perce Tribe challenged the plan in part over the domestic sheep-grazing issue. In 2005, the Chief of the Forest Service agreed that the plan did not provide enough protection for big horn sheep. The next year the Payette Forest published a risk assessment that found one allotment in the area in question, Smith Mountain, at very high risk for big horn sheep and four allotments at high risk. Domestic sheep grazing continued, however, while groups from both sides tried to reach some sort of accord.

In April, 2007, the anti-grazing group, Western Watersheds Project and the Hells Canyon Preservation Council sued the Forest Service for failing to protect a viable population of bighorn sheep as required by the Hells Canyon National Recreation Area Act and the National Forest Management Act (NFMA).

NFMA rule says that each national forest must maintain a minimum, viable population of the species that live there which applied to the re-introduced big horn sheep. Once the big horn sheep were re-established, the Forest Service has a duty to protect them despite the 1997 agreement.

Faced with the lawsuit, the Payette National Forest agreed to a bighorn-protection plan drawn up by the Nez Perce Tribe. During a hearing in May, Assistant U.S. Attorney Deborah A. Ferguson told Judge Winmill that the Payette National Forest would stop grazing during the 2007 season on portions of two domestic sheep allotments in the bighorn country on the Idaho side of the Snake River. Grazing on two allotments on the Salmon River would also be curtailed. The permittees were given just a few days to find alternate grazing or sell large portions of their herds.

The Forest Service had to do a risk assessment and an SEIS before modifying the permits; however, according to the ranchers, it modified the permits before the risk assessment and SEIS were done.

The ranchers contend there is no documented evidence of transmission of disease from domestic sheep to wild big horn sheep. There are some common pathogens but both wild and domestic sheep have them. The big horn sheep that have been reintroduced come from Canada and other states and are not tested for pathogens. Domestic sheep that are moved across state lines are tested for pathogens.

Those who want to end domestic grazing on these allotments or on all federally-managed land claim that bighorn sheep are highly susceptible to pathogens carried by domestic sheep. They also claim that there are numerous examples of big horn sheep dying after suspected contact with domestic sheep.