Bluestem Prairie

VIDEO: Special Session Omnibus Environment & Natural Resources bill informational hearing

Session Daily and other venues report Walz calls for special session Friday.

Readers who want to know what is in the omnibus budget bills are advised to visit the MNHouse Info YouTube channel for Uploads of committee and division walk throughs of the bills, and the committee/division homepages, as well as checking out coverage in the state's newspapers and other media.

Here's the video of Thursday's Special Session Omnibus Environment & Natural Resources bill informational hearing by the Minnesota House Environment and Natural Resources Division, via the Minnesota House Information Services YouTube channel:

Here are the documents about the hearing posted on the Division's webpage:

• Environment and Natural Resources Special Session Spreadsheet - 5/23/2019
• Environment and Natural Resources Trust Fund Spreadsheet - 5/23/2019
• Environment and Natural Resources Special Session Draft Bill - 5/23/2019
• Environment and Natural Resources Policy Tracking - 5/23/2019
• Written Testimony 5-23-19 - 5/23/2019

At Session Daily, Erin Martin reports in Policy not left behind in environment and natural resources agreement:

A pair of issues provided serious stumbling blocks for House and Senate conferees tasked with working out a budget compromise on the omnibus environment and natural resources finance bill – chronic wasting disease and the Environment and Natural Resources Trust Fund.

Unable to make the Monday legislative deadline for the bill sponsored by Rep. Rick Hansen (DFL-South St. Paul) and Sen. Bill Ingebrigtsen (R-Alexandria), a walkthrough was offered Thursday on the agreement that is expected to go before legislators in special session in the next few days.

The compromise would provide $14.78 million above base appropriations of $324.2 million from the state’s General Fund during the 2020-21 biennium for the Pollution Control Agency, Department of Natural Resources, Metropolitan Council Regional Parks, Minnesota Conservation Corps, Board of Water and Soil Resources, Minnesota Zoo, Science Museum and Board of Tourism.

The House initially sought a spending increase of $30.38 million; the Senate a $57 million reduction.

[MORE View the spreadsheet]

Three weeks of negotiating while the conference committee awaited budget targets resulted in a number of policy provisions being adopted. Chief, and perhaps most intensely negotiated, were provisions relating to the state response to chronic wasting disease, the fatal neurological disease that has spread into Minnesota white-tail deer herds.

The compromise resulted in agreement that deer farms would:

• be required to fence their perimeters with high-tensile fencing at least 96 inches high, effective upon passage;
• install redundant gate access by Dec. 1, 2019;
• tag white-tail deer before Oct. 31 of the year they are born, and elk and other cervids by Dec. 31 of the year they were born;
• require annual physical inspections of farms, including an inspection of all perimeter fencing and verification of all tagged animals;
• set inspection fees based on livestock use and composition;
• deny future registration to permit holders whose registration has been revoked without a Board of Animal Health determination that future escapes are unlikely;
• require all dead farmed cervids over 1 year old be tested for chronic wasting disease; and
• require all farms testing positive for chronic wasting disease to depopulate the farm after an appraisal for federal indemnification, or in a reasonable time determined by the Board of Animal Health and Department of Natural Resources, and to maintain fencing with biohazard signs for five years thereafter.

The bulk of the additional funding included in the agreement will fund the board and department’s efforts relating to chronic wasting disease. The agreement would also increase the Aquatic Invasive Species surcharge to help fund ongoing control efforts and studies.

The House succeeded in keeping provisions to create a “No Child Left Inside” grant program, intended to help connect children to the outdoors. It would include Senate-sought funding for high school fishing league and firearms safety grants funded through the program.

The House also successfully included designation of the Rusty Patched bumble bee as the state bee.

The effort to rename a state park or state park structures after former Vice President Walter Mondale was reduced to naming a scenic river way for him.

A number of significant House provision failed to make their way into the compromise, including:

• a ban on recreational wolf hunting;
• the use of a portion of PCA pollution violation settlements by affected communities;
• fee changes for watercraft;
• establishing a tree planting goal for carbon sequestration;
• allowing people with physical disabilities to use motorized vehicles in wildlife management areas without a permit;
• repeal of turtle seller licensing;
• requiring nontoxic shot be used by hunters in wildlife management areas;
• establishing a carpet stewardship program and plan;
• re-establishing the MPCA Citizens’ Board; and
• creation of a voluntary salt applicators certification.

The Senate carried a number of significant provisions that made it into the agreement, including:

• expanding zebra mussel control pilot programs on Gull Lake and Cross Lake to include all access points;
• expanding state park open house days, when the public may access the parks free of charge, to three days per year;
• allowing the use of night vision/thermal imaging equipment to hunt coyote and fox;
• restricting application of storm water rules to county areas designated as urbanized;
• modifying bear baiting to require drums be permanently tagged and removed from state lands out of season;
• allowing the use of 410 shotguns for turkey hunting; and
• requiring the DNR to continue operating the Hill-Annex Mine State Park through June 2021.

Trust fund dispute settled

The compromise would also approve how $64.47 million from the Environment and Natural Resources Trust Fund is to be spent.

The disagreement over how to spend fund revenues was largely resolved by returning to the recommendations produced by the Legislative-Citizen Commission of Minnesota Resources.

[MORE See the LCCMR spreadsheet]

Each year, the LCCMR makes funding recommendations to the Legislature on projects that help maintain and enhance state environment and natural resources. Their mandate was established in the state constitution in 1963. 

Normally, the Legislature would approve recommendations for fund monies for the approaching year, in this case 2020. But money previously earmarked for debt service in 2019 was returned to the fund, leaving legislators with $2.94 million for which the LCCMR had not made recommendations.

The agreement worked out a number of appropriations to be made in 2019, including:

• $1.8 million for development of a diagnostic test for chronic wasting disease;

• $806,000 for creation of the Lawns to Legumes program; and

• $330,000 for a grants management system for LCCMR.

Photo: A tweet by division member Jamie Becker-Finn, DFL-Roseville, illustrates the changing face of agencies and the legislature itself.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post. Those wishing to make a small ongoing monthly contribution should click on the  paypal subscription button.

Or you can contribute via this link to paypal; use email sally.jo.sorensen@gmail.com as recipient.

EPA cancels registration of 12 neonicotinoid products from Bayer, Syngenta & Valent

Back in 2017, Bluestem posted about central Minnesota beekeeper Steve Ellis's role as lead plaintiff in a lawsuit charging EPA approved neonics with little thought to bees.

The post was built on Minnesota Public Radio reporter Dan Gunderson's Judge: EPA violated law in approving products dangerous to bees, butterflies:

A Minnesota beekeeper is claiming a partial victory in a federal lawsuit over the regulation of a common insecticide.

Last week, a federal judge in California ruled that the Environmental Protection Agency violated the federal Endangered Species Act when it approved dozens of neonicotinoid insecticide products.

Steve Ellis of central Minnesota is the lead plaintiff of suit, which claims the EPA approved products containing neonicotinoid insecticide without adequately considering harm to bees and endangered species. . . .

On Tuesday, Bloomberg Environment's Adam Allington reported in EPA Curbs Use of 12 Bee-Harming Pesticides:

The Environmental Protection Agency has canceled registration of a dozen pesticides, from a class of chemicals known to harm bees.

The cancellations are effective as of May 20 for 12 neonicotinoid-based products produced by Syngenta, Valent, and Bayer.

The Federal Insecticide, Fungicide, and Rodenticide Act requires pesticides sold or distributed in the U.S. to be registered by the EPA.

Under a December settlement agreement linked to an Endangered Species Act challenge by environmental groups, the companies voluntarily agreed to petition EPA to cancel 12 out of 59 products containing the active ingredients clothianidin and thiamethoxam.

Developed as an alternative to organophosphate and carbamate pesticides, neonicotinoids are chemically related to nicotine, and attack the nervous system of insects.

Unlike traditional pesticides, “neonics” are also systemic, meaning that when taken up by the root system, the entire plant becomes toxic to insects.

“Today’s cancellation of these neonicotinoid pesticides is a hard-won battle and landmark step in the right direction,” said George Kimbrell, legal director at the Center for Food Safety, which litigated the case and was a party to the settlement agreement.

Often used as seed coatings on crops such as corn, cotton, and soybeans, in recent years increased use of neonics has been linked to declines of honeybees, wild bees, and other insects.

Impact for Farmers

Among the 12 pesticides canceled in the U.S., seven were for seed coating products used by farmers.

According to Syngenta, any move to further restrict access to neonicotinoids risks harming farmers by removing one of their most widely used insecticides.

“After five years of litigation, this settlement represents a positive outcome in the interest of all parties. The terms clearly support America’s farmers while ensuring continued protection of the environment,” Syngenta said in a statement.

“The settlement allows growers continued access to trusted neonicotinoid products containing thiamethoxam, essential for controlling destructive pests, managing resistance, and supporting integrated pest management.”

While farmers will still have access to other neonic-based products for the time being, environmental groups are pressing EPA for a complete ban on all outdoor uses for neonics in the coming years based on similar endangered species concerns.

“This entire class of active ingredient soon will be up for re-registration [under the Federal Insecticide, Fungicide, and Rodenticide Act] by 2022,” said Kimbrell. “These first 12 were just an interim step.”

In April 2018, the European Union adopted a near total ban on outdoor uses of neonic pesticides.

The restrictions in the EU apply to 3 out of 5 active neonic ingredients, however the applications that remain are for plants who spend their entire life cycle in greenhouses.

Dino Grandoni, Washington Post, The Energy 202: EPA blocks a dozen products containing pesticides thought harmful to bees reports:

Finally, at the end of 2018, three agribusinesses — Bayer, Syngenta and Valent — agreed to let the EPA pull from shelves the 12 pesticide products used by growers ranging from large-scale agricultural businesses to home gardeners. The legal settlement also compels the EPA to analyze the impacts of the entire neonic class on endangered species.

Minnesota lawmakers respond

Minnesota state representatives who had offered builds to limit use of neonics responded on twitter today as the news spread in Forum Communications' newspapers reprinting the Washington Post article. Here's a sampling:

Center for Food Safety wins in case to force EPA to ban 12 neonicotinoids | 🐝🙂🦋#savethebees #mnleg https://t.co/5YG8uuXmoc

— Rep. Rick Hansen (@reprickhansen) May 23, 2019

In conference committee the #mnleg GOP Senate refused to take up the ban of neonicotinoids on wildlife management areas (which they passed unanimously 67-0) because it would "be the camel's nose under the tent." Well, the @EPA just banned 12 neonicotinoids yesterday. https://t.co/mh4LSw2AAa

— Fue Lee (@RepFueLee) May 23, 2019

I had a neonicotinoid bill this session that didn’t get any traction. So glad the EPA is doing something about it since MN can’t. https://t.co/s36Bj31UvF

— Kaohly Vang Her (@KaohlyVangHer) May 23, 2019

Products cancelled

Here's a screengrab of the list of the products and their manufacturers from the Federal Register:

Environmental groups strike skeptical notes

Environment America's sub-headline sums it up Statement: EPA bans some bee-killing pesticides

Decision is a good first step but more must be done to protect bees from neonics

Beyond Pesticides dives into the details in a blog post, Fulfilling Legal Settlement with Limited Scope, EPA Cancels Twelve Neonicotinoid Products:

(Beyond Pesticides, May 23, 2019) On Monday in the conclusion of a lawsuit, the U.S. Environmental Protection Agency (EPA) announced the final notices of cancellation on the registration of twelve neonicotinoid pesticide products in the Federal Register, each of which contains chlothianidin or thiamathoxam as an active ingredient. The decision to pull these products from the market was required as part of a legal settlement under the Endangered Species Act (ESA) in December 2018 of a successful case, Ellis v. EPA, brought by beekeeper Steve Ellis and a coalition of other beekeepers and environmental groups, including Beyond Pesticides. The case establishes a legal precedent in which the court required action to address the bee-toxic effects of pesticides; however, the effect of the settlement and its impact on overall neonicotinoid and other systemic insecticide use is limited.

For all but two of the twelve canceled products, a nearly identical surrogate remains actively registered. Furthermore, the fact remains that there are hundreds more products containing the active ingredients targeted by the lawsuit that have not been removed in any capacity – 106 products containing clothianidin and 95 containing thiamethoxam remain untouched on the market. Breaking down the impacts of the EPA ruling even further, there are several eerily similar classes of insecticides that operate the same way neonicotinoids do that remain untouched by regulation. The sulfoxamine insecticide sufloxaflor, for example, is functionally identical to the neonicotinoid imidacloprid, which negatively impacts foraging and immune responses in bees. Even at low levels, sulfoxaflor impairs reproduction and reduces bumblebee colony size.

In the originating lawsuit, filed in 2013, plaintiffs made a number of claims related to EPA’s failure to protect pollinators from dangerous pesticides, its poor oversight of the bee-killing pesticides clothianidin and thiamethoxam, and its practice of “conditional registration,” as well as labeling deficiencies. Plaintiffs noted that the subject pesticides “have been shown to adversely impact the survival, growth, and health of honey bees and other pollinators vital to U.S. agriculture” and have “harmful effects on other animals, including threatened and endangered species.”

“The federal pesticide law is a weak statute and offers limited protection for bees, the ecosystem, and public health” said Jay Feldman, executive director of Beyond Pesticides. “People are taking matters into their own hands by adopting practices around their homes and community-wide and purchasing products that are protective of bees, the environment and people,” he continued.

In May 2017, a federal judge ruled that EPA violated the Endangered Species Act when it issued 59 neonicotinoid insecticide registrations between 2007 and 2012 for pesticide products containing clothianidin and thiamethoxam. U.S. District Judge Maxine Chesney rejected the claims of intervenors (pesticide producers) that the plaintiffs had not established causation between the subject pesticides and the harm to plaintiffs. But rather than order EPA to work with the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) — a requirement when a pesticide is registered (so as to reduce risks to endangered species) — the judge directed the parties, including the plaintiffs, defendant EPA, and intervenor Bayer CropScience, to move forward with a settlement conference to resolve the disputes. The result: a compromise solution with, at best, weakly protective impacts. The court ruling denied plaintiffs’ claims under the Federal Insecticide, Fungicide and Rodenticide Act, the nation’s pesticide control law, that EPA had a statutory duty to suspend cited bee-toxic pesticides, as established in an emergency legal petition filed in March 2012. The judge said that the court lacked jurisdiction due to conflicting laws or EPA’s actions were not “approvals” subject to court challenge.

Canceled Product	Active Registered Product
Meridian 0.20G	Meridian 0.33G & Meridian 25WG
Meridian 0.14G	Meridian 0.33G & Meridian 25WG
Activa Complete Corn 500	Activa Complete Corn 250
THX/MXM/FDL/TBZ FS	THX/MXM/FDL/TBZ/SDX FS
Adage Delux	Adage St
Adage Premier	Adage St
Inovate Seed Protectant	Inovate Pro Seed Protectant
Inovate Neutral Seed Protectant	Inovate Pro Seed Protectant
Aloft GC G Insecticide	Aloft GC SC Insecticide
Flower, Rose & Shrub Care III	Flower, Rose & Shrub Care II

Systemic insecticide-treated seeds are pervasive and widely used across the agricultural landscape, home gardens, and public spaces. Of the two most widely planted crops in the U.S., between 79 to 100 percent of corn seed and 34 to 44 percent of soybean seed were treated with neonicotinoids in 2011. A conservative estimate of the area planted with neonic-treated corn, soybean, and cotton seed totals just over 100 million acres, or 57 percent of the entire area for these crops.

Pollinators are far from the only victims of ubiquitous systemic insecticide contamination. In a recent avian risk assessment, EPA scientists found that neonicotinoids present in treated seeds exceeds the agency’s level of concern for certain birds by as much as 200-fold. A 2017 study by researchers at the University of Saskatchewan confirmed that tiny amounts of neonicotinoids – the equivalent of just four treated canola seeds, for example – are enough to cause migrating songbirds to lose their sense of direction and become emaciated. Recent research uncovered the endocrine-disrupting health impacts of imidacloprid on white-tailed deer, leaving the disturbing open question: if large mammals are feeling the impacts, are humans as well?

In light of the shortcomings of federal action to protect pollinators, wildlife, and people, it is left up to the public to establish safe havens by creating pesticide-free habitat and educating others to do the same. Get involved at the community level to pass policies that protect imperiled pollinators. Use Beyond Pesticides’ resources and educational materials, including our BEE Protective doorknob hangers to get the word out. See Beyond Pesticides’ series celebrating unsung wild pollinator heroes through the Polli-NATION campaign.

All unattributed positions and opinions in this piece are those of Beyond Pesticides.

Bluestem will continue to watch for irony at the Minnesota state capitol. Erin Martin reported in Policy not left behind in environment and natural resources agreement:

The House also successfully included designation of the Rusty Patched bumble bee as the state bee.

Let's hope those endangered bumblebees don't get zapped by neo-nics, especially those with cancelled registrations.

Photo: Minnesota beekeeper Steve Ellis. Via Earthjustice.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post. Those wishing to make a small ongoing monthly contribution should click on the  paypal subscription button.

Or you can contribute via this link to paypal; use email sally.jo.sorensen@gmail.com as recipient.

Now with documents! Omnibuzz budget bill informational public hearing livestreaming Thursday at noon

UPDATE #3: The new draft of the bill, tracking sheet and the

The new Omnibuzz Environment and Natural Resources Budget Bill here.

The tracking sheet for the budget here.

The Omnibus LCCMR Environment and Natural Resources Trust Fund here.

Watch the hearing at noon, via the Combined Legislative Meeting Calendar:

HTV1

MN House Information Services will be streaming on Facebook  Live.

Now we're going to read the bill. [End Update #3]

UPDATE #2: Just in by email from Peter Strohmeier, the House Environment and Natural Resources Division Committee Administrator:

Thursday, May 23, 2019 , 12:00 PM

Environment and Natural Resources Finance Division

Chair: Rep. Rick Hansen

Location: 5 State Office Building

Agenda:

Informational hearing on the Special Session Omnibus Environment and Natural Resources Bill.

Nonpartisan staff walk-through of articles and spreadsheets.

Materials will be provided when available.

No official action will be taken.

We'll let readers know about streaming media and documents for tomorrow's meeting as the details are made public. [end update #2]

UPDATE: The public informational hearing has been postponed until tomorrow, we're told. We'll update this post as information about the new time is available. [end update]

Late Wednesday morning, MinnPost's Walker Orenstein posted an in-depth look at the emerging shape of Special Session Omnibus Environment and Natural Resources Bill in Budget deal looks to address chronic wasting disease, even as Legislature sidesteps more controversial environmental issues.

More on that fine piece in a bit. Readers can take look at the budget agreement in a tweet by House Environment and Natural Resources Division Rick Hansen, DFL-S. St. Paul, (we used our ever-handy OED magnifying glass):

Signed 🖌Env Finance 🌳💧🦌😊🦆🦃🐝🎣🌾Budget 💵spreadsheet. Signed by Senate Leader Gazelka, Rep Hansen, MPCA Comm Bishop & DNR Comm @StrommenSarah. Thank you! #mnleg 🌎 pic.twitter.com/EtgIRAqwtI

— Rep. Rick Hansen (@reprickhansen) May 22, 2019

Or check out the spreadsheet here online.

According to a news release from the Minnesota House, "A copy of the bill will be available later and can be found here." That's the division's webpage; bills being heard are ordinarily posted beneath the "Upcoming Hearing" section in the upper right had corner of the page. The document has yet to appear.

Some of the shape of the final bill (had it been available before the session ended, it would be called a conference committee report) is sketched in the Orenstein piece. Here's a digest of some of that piece:

. . . In the race to finish an overall state budget — a task not yet accomplished — the CWD response was also one of the few notable initiatives to emerge from closed-door negotiations this week. A special session is expected later this week to pass a full budget, and many environmental issues that split the parties this year won’t move forward — like whether to ban a recreational wolf hunt or pass a law to cement the name Bde Maka Ska on the former Lake Calhoun — while others, like requiring a carbon-free energy grid by 2050, had yet to be decided or publicly discussed as of Wednesday morning.

 . . . Overall, lawmakers were given about $13.8 million in new general fund money over existing spending to distribute to environmental causes and state agencies, including the DNR and the Minnesota Pollution Control Agency. More than $4 million of that will be spent on increased costs at the DNR, such as rising salaries and insurance, Meier said. Another $2.7 million will go to legal fees for DNR and the MPCA for defending their actions in court, including a DNR decision to greenlight the PolyMet copper-nickel mine plan.

. . .The House had originally proposed $32 million in new general fund spending and a hike to several environment-related fees, while the Senate offered a $57 million cut but wanted to backfill some of the money with cash from fees and funds currently dedicated for other uses. “I see the ultimate budget as a true work in compromise and one that will get rid of some of those shifts and raids and transfers,” Meier said.

The surcharge for aquatic invasive species management — levied on three-year boat registrations — would rise from $5 to $10.60 under the plan.

While the natural resources conference committee was able to work out differences on most issues, Ingebrigtsen said several controversial policies did kick up to the powerful trio.

That included much-debated provisions to ban recreational wolf hunting, create a wild rice stewardship council and finalize the name Bde Maka Ska, Ingebrigtsen said. All, he added, were shot down since each of the three leaders needed to agree on a policy for it to move forward.

The Minnesota Court of Appeals ruled last month the DNR did not have power to change Lake Calhoun to Bde Maka Ska, although the agency is appealing the decision. While a state task force recommended lawmakers create a permanent panel to study wild rice and water pollution standards, some DFLers objected, saying there was not enough tribal representation or consultation involved.

A new carpet recycling program proposed by DFLers and a Republican plan to allow some two-line fishing did not make the final cut either, Hansen said.

One thing that did get a thumbs up from the leadership trio: naming the St. Croix River State Water Trail after former Vice President Walter Mondale. . . .

In addition to agreements on CWD-related provisions, Ingebrigtsen and Hansen’s committee is finalizing spending of lottery funds dedicated to the environment and their deal had dozens of new laws, including:

• A “No Child Left Inside” program for outdoor education championed by the DFL Grants for hunting, fishing and firearm safety wanted by Republicans amid declining participation in those sports were merged into the new program as well.
• Naming the rusty patched bumble bee as the official state bee.
• A bill to limit the extension of comment periods on some environmental reviews without approval from a business proposing a project, which raised some opposition from environmental groups.

The hearing itself, scheduled for 9:00 p.m. or at the call of the chair, will be video streamed via HTV 1. according to the Combined Legislative Meeting Calendar.

We're hoping it's streamed live on YouTube as well (bigger screen on the television). Audio streaming will also be available here.

Photo: Rusty patched bumble bee feeding on wild bergamot (Monarda fistulosa). This endangered pollinator may end up being Minnesota's state bee, if the legislature can get busy in the special session.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post. Those wishing to make a small ongoing monthly contribution should click on the  paypal subscription button.

Or you can contribute via this link to paypal; use email sally.jo.sorensen@gmail.com as recipient.

Chronic Wasting Disease response legislation details emerge in Becker-Finn tweet thread

In an updated post published Monday, UPDATED: Lights out for Bambi in Senate GOP lights-on bill; could look better in budget deal, Bluestem noted a tweet by Roseville DFLer and Minnesota wild deer defender Jamie Becker-Finn about the Omnibus Environment and Natural Resource conference committee "large policy compromise in #mnleg Enviro conference committee! Includes CWD plan and #NoChildLeftInside."

The conference committee kicked decisions on language the Wild Rice Stewardship Council, naming a public space to honor Walter Mondale, and the wolf hunt to leadership. and so the omnibus environmental and natural resources bill didn't make the deadline for the final day of the session.

Here's what was discussed by the conferees about CWD, according to Becker-Finn's twitter commentary and photos of the language:

Here is the language re #CWD that was adopted by #mnleg conference committee yesterday. 🦌 It is not as strong as I think it needs to be but it is a good start given what we are up against.

Page 1 includes funding for U of M diagnostic test and fencing/gate changes. 1/5 pic.twitter.com/VsjvCD2nIg

— Jamie Becker-Finn (@jbeckerfinn) May 21, 2019

Page 2 of #mnleg #CWD language.

Changes to animal identification requirements and requires an annual inspection (now it’s a ‘must’ instead of a ‘may’) of entire fence perimeter & all animals 2/5 pic.twitter.com/k85pQDdfug

— Jamie Becker-Finn (@jbeckerfinn) May 21, 2019

Page 3 of #mnleg #CWD language 🦌

Increases annual fees for captive cervid business owners, specifies that those with herds for commercial purposes (including selling the ability to shoot animals) pay more. 3/5 pic.twitter.com/81F3TngGSz

— Jamie Becker-Finn (@jbeckerfinn) May 21, 2019

Page 4 of #mnleg #CWD language. 🦌

Mandatory depopulation with positive CWD in the herd, maintain fencing with biohazards signs for 5 years.

Quarterly reports/legislative oversight of Board of Animal Health, DNR, U of M research.

Set up account if federal funds available 4/5 pic.twitter.com/7WHsxH8r0J

— Jamie Becker-Finn (@jbeckerfinn) May 21, 2019

Page 5 is just #mnleg renumbering

Additional agreement not in this #CWD language re importation of hunter harvested cervidae and creating “adopt a dumpster” program to address safe disposal of potentially infected carcasses. 🦌 Global deal also includes $$ to DNR and BAH. 5/5 pic.twitter.com/do4fqnDVSg

— Jamie Becker-Finn (@jbeckerfinn) May 21, 2019

We'll continue to track this issue as details about the final bill emerges. Readers can listen to audio from Monday at Conference Committee on SF2314 Part 1 and Conference Committee on SF2314 Part 2.

Readers should also check out Star Tribune Outdoors columnist Dennis Anderson's post from this weekend, Legislature is turning a blind eye to CWD in Minnesota.

Photo: A big wild whitetail buck.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post. Those wishing to make a small ongoing monthly contribution should click on the  paypal subscription button.

Or you can contribute via this link to paypal; use email sally.jo.sorensen@gmail.com as recipient.

UPDATED: Lights out for Bambi in Senate GOP lights-on bill; could look better in budget deal

UPDATE 5/20/2019: A tweet by CWD action leader, state representative Jamie Becker-Finn, DFL-Roseville, from the Omnibus Environment and Natural Resources Conference Committee suggests that matters might be looking up as the committee works under the targets and guidelines set by Sunday's budget agreement.

She tweeted:

Passed large policy compromise in #mnleg Enviro conference committee! Includes CWD plan and #NoChildLeftInside 🦌🎣 pic.twitter.com/vDA0W7LEEC

— Jamie Becker-Finn (@jbeckerfinn) May 20, 2019

A clearer view of the House Policy Offer--adopted on a voice vote--from the Minnesota Center for Environmental Action:

Here is the language that is currently being discussed for adoption in the Environment conference committee #mnleg pic.twitter.com/7mfHZoVIXb

— MCEA (@MCEA1974) May 20, 2019

[END UPDATE]

On Saturday, Star Tribune outdoor columnist Dennis Anderson reported in Legislature is turning a blind eye to CWD in Minnesota:

Whenever the Legislature finally, and mercifully, ends its business in St. Paul, its lack of decisive action to contain chronic wasting disease (CWD) in Minnesota’s 1-million-animal-plus white-tailed deer herd will be among its major failures.

Now confirmed in 51 wild deer in the state and untold numbers of captive deer, CWD is on the wrong trajectory, threatening not only Minnesota’s $1 billion deer-hunting business and culture but, possibly, Minnesotans themselves.

Ever beholden, it seems, to the state’s agriculture industry, legislators, especially Republicans, have for years failed to act in even minimal ways to protect the public, passing on repeated proposals to at least require double-fencing of captive cervid operations, and failing as well to ensure the state Board of Animal Health, which oversees Minnesota deer and elk farms (kind of), does its job. . . .

Read the whole sad story at the Star Tribune. But there's more. Later in the day, Steve Karnowski reported in Senate GOP passes 'lights on' bill; no budget deal in sight:

But Democratic Senate Minority Leader Tom Bakk, of Cook, accused Republicans of bargaining in bad faith and suggested that the "lights on" bill was their real plan all along.

"What this is, is a new two-year budget for the state of Minnesota," Bakk said of the bill, which fits on one page. He said the bare bones approach would mean foregoing increased educational opportunities, higher local property taxes, fewer correctional officers in the state's prisons and no new broadband funding for rural Minnesota.

Sen. Carla Nelson denied that the bill is meant to be the state's next two-year budget.

What's not in that budget? A press memo from Ellen C. Anderson, Communications Director for the Office of Senate DFL Leader Tom Bakk, closed with this sentence noting that the new two-year Senate Republican budget means even more bad news for deer in Minnesota:

• No money for timely response to Chronic Wasting Disease across the state. The disease is spreading and threatens hunting and the state's economy.

Bambi can run, but there's no hiding from CWD.

Image: From MadTV''s infamous zombie Bambi satire. The dead deer corpses at an infected Crow Wing County pen-shooting deer farm reminded us of this moment in pop culture.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post. Those wishing to make a small ongoing monthly contribution should click on the  paypal subscription button.

Or you can contribute via this link to paypal; use email sally.jo.sorensen@gmail.com as recipient.

MNDNR: 34 wild deer tested positive for CWD between November 2018 through April 2019

From Saturday morning's Legislative Update from the Minnesota Department of Natural Resources:

Chronic wasting disease sampling has wrapped up, with just over 8,000 samples collected and tested from November 2018 through April 2019, which will inform CWD surveillance zones and boundaries for the 2019 hunting season. Across the state, 34 wild deer tested positive for the disease: 27 in deer permit area 603 in southeastern Minnesota; six in southeastern Minnesota, outside of DPA 603; and one in north central Minnesota. (No wild deer tested positive for CWD in central Minnesota.) Since 2016, a total of 51 CWD positive wild deer have been identified. An overview of the DNR's test results have been provided to the Environment and Natural Resources Omnibus bill Conference Committee and is available here.

From 2003-2019, an estimated $8.4 million has been spent from the Game and Fish Fund for Surveillance and Response in relation to Chronic Wasting Disease in Minnesota. A breakdown of how those funds have been spent has been provided to the Environment and Natural Resources Omnibus bill Conference Committee and is available here.

Photo: A wild whitetail.

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Agriculture Policy conferees reach agreement

In Agriculture policy set to finish first as conferees reach agreement, Session Daily's Erin Martin reports:

One down and many others to go.

Approved Wednesday morning, the omnibus agriculture policy bill is the first omnibus bill to be wrapped up by its conference committee.

Sponsored by Rep. Jeanne Poppe (DFL-Austin) and Sen. Bill Weber (R-Luverne), HF1733 next needs to repassed by the House and Senate before going to the governor for his signature.

The process was sped significantly by the removal of some provisions that are included in the omnibus agriculture, food and housing finance bill. That measure awaits conference committee action.

Notable provisions in the bill would:

• modify aquaculture regulations for saltwater practices;
• add rest stop contractors to the list of state employees eligible for a reduced pesticide applicator licensing fee;
• allow the Dept. of Agriculture to approve alternate practices for balled and burlapped nursery stock;
• create a custom-exempt food handlers license for those handling products not for sale;
• modify shelf-life regulations for eggs;
• extend the Organic Advisory Task Force by five years;
• allow the agriculture department to waive farm milk storage limits is the case of hardship, emergency, or natural disaster, and modify milk/dairy labelling requirements;
• modify labelling for cheese made with unpasteurized milk;
• expand the agriculture department’s power to restrict food movement after an emergency declaration;
• modify eligibility and educational requirements for beginning farmer loans and tax credits;
• modify the methane digester loan program to allow previous borrowers who have paid off a loan to access the program a second time;
• increase participation limits for the opportunity loan program; and
• exempt truck washes from the swine basin prohibition.

Rep. Samantha Vang (DFL-Brooklyn Center) unsuccessfully tried to add a provision to grant the agriculture department the authority to delegate duties relating to the use, storage, and disposal of pesticides to cities of the first class. It failed on a 3-3 vote.

Gene Ramieri, director of public relations for the city of Minneapolis, cited an incident in which the city lost bee hives due to pesticide use, as well as increased pesticide use, as cause for concern.

But the issue may be moot, as the department may not have authority to delegate pesticide regulation to cities, according to Assistant Commissioner Susan Stokes. She added that Commissioner Thom Peterson [sic] plans to meet this summer with city stakeholders to better understand their concerns.

Readers can check out the Conference Committee Report HF 1733 Omnibus agriculture policy bill here. Today's meeting audio is available in the archives here, arranged by date and bill number.The discussion of the Vang effort is especially interesting, with Ramieri stressing that the pesticide issue isn't a preemption, but a delegation.

Land Stewardship Project Organizer Amanda Babcock tweeted praise for Vang:

Thank you for speaking up in support of #localcontrol over pesticide use in first class cities, @RepSamanthaVang and @founghawj. Disappointing that the @MNagriculture didn’t testify in support for this for just four MN cities.

— Amanda Babcock (@amandanbabcock) May 15, 2019

As Rep. Poppe stressed throughout the meeting, Ag Finance is an whole 'nother bill.

Photo: A farmer combining corn. Via UMN Extension.

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Guest post: Senate language defining feedlots as pasture could mean more manure in waters

by Paul Sobocinski
Originally published by the Land Stewardship Project

Minnesota's state leaders have the power and responsibility to act in the best interest of all Minnesotans, as well as our water and land. We rely on our state to ensure we have safe water to drink, clean air to breathe, and healthy land to pass down to the next generation. But right now, Big Ag interests are working hard to write special laws for themselves at the expense of the rest of us.

I know that family livestock farmers like me respect the inherent value of our land. We want to leave our farms better than when we found them, and make sure all members in our communities have access to safe water, clean air, and healthy land. On my farm, I raise livestock on pasture and on feedlots. Because these systems differ, they have to be treated differently—our state does that.

On pasture, manure is held in place on the land and the vegetative cover works as a filter that can actually improve water quality. In feedlots, the ground has no living cover, livestock herds are held more densely, and manure is prone to run off if not managed well. Because of this, feedlots are appropriately regulated by the Minnesota Pollution Control Agency (MPCA) to protect our water quality.

I was involved when our state government created a definition for “pasture.” It was carefully crafted in a way that values our pastured livestock and our natural resources, keeping in sync with the science. As currently defined under Minnesota law, pasture is appropriately exempt from feedlot regulation by the MPCA.

But if a Big Ag-backed provision in the Senate’s proposed Agriculture Budget Bill and its proposed Agriculture Policy Bill goes through, certain feedlots will be able to qualify as pasture. Incredibly, this provision creates a new exemption for land without vegetation so that it can be considered "pasture." Pasture without plants growing on it? It simply doesn't make sense. This is especially problematic because the MPCA does not have regulatory authority over pastures, only feedlots. Land that is in essence a feedlot could be exempt from state laws that protect land, water, and rural communities.

Although Big Ag is selling it as simply “consolidation of existing statute,” new language is introduced throughout the provision. In fact, this language, according to Senate rules, is under the jurisdiction of the Environment and Natural Resources committees, not the Agriculture committees. (This Land Stewardship Project letter to legislative leaders has details on the language.)

Simply put, this is bad legislating and is just a way of writing special rules for special interests and not following the rules of our legislative process, which puts our rural communities at risk. Our Legislature must hold itself to a higher standard.

The definition of pasture must be protected—our farms, communities, land, water, and air are at risk. Farmers like myself who have incorporated pasture into our farming operations are raising livestock on a whole set of diverse principles that include rotational grazing and managed livestock density that protect the pasture’s plant systems. Some of us have special markets because certain consumers highly value livestock not raised in confinement. Pastures are not feedlots and allowing that game to be played for a few special interests is wrong. Keeping our current law in place is the right thing to do.

As the 2019 session of the state Legislature heads into its final days, Minnesotans need to speak up and tell their legislators to oppose this provision. You can take action here.

Land Stewardship Project organizer Paul Sobocinski raises livestock in southwestern Minnesota's Redwood County.

For more details on the change--and the court case that inspired it, check out the factsheet from the Minnesota Center for Environmental Action:

Photo: This feedlot would be defined as "pasture" by the Senate version of the Ag bill. The image is of the producer who lost in court over the definition of pasture—this is the feedlot they are hoping to qualify as a pasture. See factsheet above.

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Mankato Free Press scolds Jeremy Munson for "approach befitting a third grader" on Almanac

In a recent editorial, Our View: Place names Choose the parts of history to honor, the Mankato Free Press editorial board noted local state representative Jeremy Munson's tasteless Bde Maka Ska/bidet crack on Almanac:

In that context, let us note that Rep. Jeremy Munson, R-Lake Crystal, went on TPT’s “Almanac” on Friday to defend the Calhoun name and apparently thought it advanced the discussion to make a smirking bathroom pun off the Bde Maka Ska name. That’s an approach befitting a third grader, not a state representative.

There's that. Bluestem observed in Random white guy with an opinion on PBS thinks Sioux & Dakota fought war against each other that Munson's profound ignorance about the Dakota people--he observed off the bat that the Dakota had displaced the Sioux from the shores of Bde Maka Ska, not realizing that both terms are names for the same tribal nation--made us wonder what it took to get on Almanac to say ill-informed and vulgar things about indigenous Minnesotans.

The Mankato Free Press is South Central Minnesota's news leader, and likely the paper with the largest circulation in Munson's district.

Screengrab: Munson espousing his opinions about indigenous history on Almanac. Why was he paired with someone who could cite law, the facts of the recent recovery of the lake's Dakota name? Was Almanac hoping for the potty joke?

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MN House passes MMIW bill (again), North and South Dakota bills became law earlier this year

Once again, the Minnesota House has passed a bill to create a task force to address the brutal facts of missing and murdered indigenous women and girls. At Session Daily, Tim Walker reports in House OKs bill to address ‘historic epidemic’ of violence against indigenous women:

On the House floor Thursday, lawmakers heard stories of violence, rape, death, injustice and other trauma affecting Native American women and girls at rates far above other populations.

Murder is the third-leading cause of death for 10- to 24-year-old indigenous girls and women, said Rep. Mary Kunesh-Podein (DFL-New Brighton).

“This is a real historic epidemic” that can finally be addressed, said Kunesh-Podein, who sponsors HF70. The bill would create a task force to analyze systemic reasons for the high rate of violence against Native American women and girls in the state and track the number of those who have gone missing, most presumably dead or victims of sex trafficking.

Passed 128-0, the bill goes to the Senate where Sen. Patricia Torres Ray (DFL-Mpls) is the sponsor.

The vote came after several representatives, including Kunesh-Podein and Rep. Jamie Becker-Finn (DFL-Roseville), recited names and told the tragic stories of several women that have recently come to light.

Both representatives have Native ancestry, and both said it’s important to speak the names of those indigenous women and girls who have been traumatized by violence because mainstream society has kept them in the shadows for far too long.

“We are more than our traumas, we are survivors and we are still here,” said Becker-Finn. “Your stories matter, and I hear you.”...

Read the rest at Session Daily. Here's the video of the floor debate:

Here's hoping the Senate passes Sen. Patricia Torres Ray's companion bill. Nationally, this isn't a partisan issue. Here in South Dakota, News Center 1 reported n late March in Bill addressing missing and murdered indigenous persons signed into law:

A bill designed to address the problem of missing and murdered indigenous persons has been signed into law.

Gov. Noem signed Senate Bill 164 last week. The bill would lay out guidelines for how law enforcement officials handle and report on cases of missing and murdered indigenous persons.

It would also establish additional training programs for law enforcement on how to conduct investigations into such cases.

For decades, advocates have voiced concern at the issue of missing and murdered Native American persons, particularly women and children.

Indigenous women, who make up less than one percent of the population, represent a disproportionately high number of ongoing missing person cases in the U.S.

Additionally, the Department of Justice reports that Native American women are murdered at ten times the national rate, according to Sen. Lynne DiSanto, the main sponsor of the bill.

There’s also been an overall lack of coordination and data collection due to a breakdown in communication between tribal governments, the FBI and local agencies.

The new law will require that the Division of Criminal Investigation prepare and distribute uniform guidelines on reporting and investigating these cases to law enforcement agencies throughout South Dakota.

Annita Lucchesi, a doctoral student at the University of Lethbridge, worked to establish an estimate of the number of indigenous women and girls that have gone missing or been murdered in South Dakota, Montana and North Dakota since 1972.

She found a total of 296 documented cases between the three states. Of those, 30 are still active missing person cases, 192 are murders and 74 have an unknown status — in which it isn’t clear whether they’ve been found or not.

According to Rep. Tamara St. John, there are likely many more undocumented cases.

Advocates say the issue has long been on the minds of many in the Native American community, and that they hope the new law will help better protect indigenous women going into the future.

Archivist for the Sisseton-Wahpeton Oyate of Dakota, St. John represents SD1, which includes much of the Lake Traverse Reservation on the Minnesota border. The SWO, many of whom lived in Minnesota before the 1862 US-Dakota War, negotiated a treaty in 1867 for the reservation.

In her remarks on the floor, Kunesh-Podein discusses the urban dimension of the crisis. The death this winter of SWO member Amber Hopkins, reported in the Star Tribune article, Death of woman found in Minneapolis snow pile haunts family and community, ties the tragedy together across state lines and other jurisdictions.

Part of the Lake Traverse Reservation is In North Dakota. Forum Communications reported in Bills to curb violence against indigenous people, human trafficking sent to North Dakota governor:

A package of legislation aimed at preventing human trafficking and violence against indigenous people is heading for Gov. Doug Burgum’s desk.

Freshman Rep. Ruth Buffalo, D-Fargo, first brought forward one of the bills, House Bill 1313, to create a database for missing indigenous people. But the legislation expanded to include all North Dakotans because the state doesn’t collect this data.

Already approved by the North Dakota House, the bill passed the state Senate unanimously Friday, March 29.

Two other related bills with Buffalo as the main sponsor have been sent to Burgum: House Bill 1311 for law enforcement training on cases of missing and murdered indigenous people, and House Bill 1507 to prevent human trafficking by training hotel employees.

Such training would be encouraged – not mandated like in Minnesota. . . .

Governor Burgum signed HB1313 according to West Dakota Fox's Gov. Burgum signs bill for missing/murdered indigenous people database:

Gov. Burgum has signed the first of two bills sponsored by Rep. Ruth Buffalo, D-Fargo, designed to fight the crisis of missing and murdered indigenous people.

HB 1313 would create a North Dakota specific database for missing persons. The Bureau of Criminal Investigation says every missing person is put into the national system run by the FBI but they can't search that place for a list of every missing person in North Dakota.

As for the other bills, on April 1, Burgum signed HB1311, which would train law enforcement personnel  "on missing and murdered indigenous people." HB1507, voluntary human trafficking prevention training for hospitality industry personnel, was signed by Burgum on April 4.

Given that on the federal level Savanna's Act is Back and seems to be going nowhere, it's good that states are working on this issue. Savanna's Act was originally introduced by former North Dakota US Senator Heidi Heitkamp, passed the Senate and then was stalled in the House late last year by retiring Congressman Bob Goodlatte. The bill is named for Savanna LaFontaine-Greywind, Spirit Lake Dakota and Turtle Mountain Chippewa, who was eight months pregnant when she was brutally murdered and her child cut from her womb.

Does the increased presence of indigenous women legislators in the Minnesota, South Dakota and North Dakota legislature lead to the passage of bills like those discussed above? As Rep. Jamie Becker-Finn noted on the floor  (and we paraphrase), the perception of native women as leaders, not merely victims. "We are more than our traumas, we are survivors and we are still here," she noted. We're happy that Ruth Buffalo, Tamara St. John, Kunesh-Podein and Becker-Finn are now in office.

Photo: Rep. Mary Kunesh-Podein gives the thumbs-up to supporters and advocates in the House Gallery after HF70 is passed on the House Floor May 9. It would establish a Task Force on Missing and Murdered Indigenous Women. Photo by Andrew VonBank, via Session Daily.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post. Those wishing to make a small ongoing monthly contribution should click on the  paypal subscription button.

Or you can contribute via this link to paypal; use email sally.jo.sorensen@gmail.com as recipient.