April 4, 2024

Update on HPAI in Dairy Cows

Last week, USDA confirmed the spread of highly pathogenic avian influenza (HPAI) to dairy cows after investigations turned up positive results in Texas and Kansas. Since then, new confirmed cases have been identified in Idaho, Michigan, Ohio, and New Mexico as well. In addition, the largest fresh egg producer in the country (Cal-Maine) slaughtered nearly two million hens and pullets earlier this week after detecting HPAI in one of their Texas plants. And notably, the Centers for Disease Control (CDC) confirmed that a Texas dairy worker tested positive for HPAI as well.

 

Yesterday, California’s lead veterinarian confirmed that it appears there have in fact been cow-to-cow transitions of HPAI. At the moment, CDFA is developing testing procedures and conducting state border inspections; however, it may be difficult to prevent the spread given the risks wild birds carry. For now, we do expect some restrictions, but this is a rapidly developing issue. CAFB has been closely engaged on this issue and continues to work with state and federal partners as we monitor the spread of the virus.

USFWS Finalizes ESA Rules

The U.S. Fish and Wildlife Service (USFWS) and NOAA Fisheries, operating under the Department of the Interior and the Department of Commerce respectively have finalized three rules aimed at adjusting protections for species and their inhabitants under the Endangered Species Act (ESA). These rules are intended to refine processes for listing species, designating critical habitat, and facilitating consultation with other federal agencies. The rules intend to improve the ongoing complexities of species management under the ESA, particularly incorporating science-based decisions into recovery efforts.

Following the announcement of proposed rules in June 2023 and a significant number of public comments, the agencies have finalized two rules revising joint ESA regulations regarding interagency cooperation, listing determinations and habitat designations. Additionally. USFWS has reinstated the “blanket rule” option for protecting threatened species under section 4d of the ESA. These final rules help to clarify classification standards, and underscore decisions. With over 99% of listed species protected from extinction over the ESA’s 50-year history, rules need to continue to adapt to current challenges.

USFWS Refuge Proposal – Deadline for Comments Extended

Last month, the US Fish and & Wildlife Service (USFWS) extended the comment period on their proposal for “biological integrity, diversity, and environmental health (BIDEH)” on the National Wildlife Refuge System. These proposals will impact refuges that currently have agricultural activities on them as a use. This may also impact any agricultural activities on the Refuge System that are in a conservation area or a waterfowl production area. CAFB has been putting together comments on the proposal, highlighting many of the concerns we have about the negative impacts to agricultural producers in those areas. The new comment period is extended through May 6th.

CA Small Storage Projects Receive Federal Funding

The Department of the Interior has announced a $35 million investment from Investing in America agenda for six small surface and groundwater storage projects in California and Utah, funded through the Bipartisan Infrastructure Law. The projects aim to increase water supply, operational flexibility, and community resilience to climate change effects.

The projects receiving funding include the construction of Chief Toquer Reservoir in southern Utah, with approximately $7 million allocated for a new pipeline from the Ash Creek Reservoir Storage Project, Accelerated Drought Response Project, Kern Fan Groundwater Storage Project Phase 1, and Orestimba Creek Recharge and Recovery Projects. The Bureau of Reclamation is investing $8.3 billion over five years for various water infrastructure projects, including rural water, conservation, and desalination. Since the law’s enactment, nearly $3 billion has been allocated for 425 projects with the Small Storage Program funding initiatives with capacities between 200 and 30,000 acre-feet.

RMA Nursery Program Webinar 

USDA has announced the nationwide expansion of its Nursery Value Select (NVS) crop insurance program, now available in all counties across the states. This expansion aims to provide improved risk management options for nursery producers, including those previously covered by the Nursery Field Grown and Container (FG&C) program. To help producers navigate this transition, the USDA Risk Management Agency (RMA) has scheduled informational workshops, offering insights into the NVS program and its benefits. 

The Nursery Value Select program, initially introduced in the 2021 crop year, allows nursery producers to tailor coverage according to their specific risk management needs. With the upcoming closure of the private contractor responsible for maintaining the Nursery FG&C program, the NVS program emerges as a vital alternative, offering comparable coverage enhancements. Producers insured over $460 million in liabilities during the 2023 crop year, highlighting the program’s popularity.

Interested producers can attend one of three Nursery Value Select workshops, scheduled for April 18th and July 18th, to learn more about the expanded coverage options and necessary transitions. With the sales closing date for the 2025 crop year set for May 1st, 2024, or September 1st, 2024 as outlined in the actuarial documents, growers are encouraged to stay informed and seize the opportunity to maximize their risk management strategies with the Nursery Value Select program.

WOTUS Update: Agency Memo

In late March, the Army Corps of Engineers (Corps) issued a memo that highlights how the Corps will protect non-jurisdictional features through civil works and regulatory program actions following the Supreme Court’s decision in Sackett v. EPA. By July 20, 2024, the Corps must report the compliance status with its mitigation policy across Corps districts, including how many Corps districts have been following this policy since the issuance of the 2008 Mitigation Rule. If Corps districts have not been following the policy, the Corps must report what next steps should occur to achieve compliance, as well as the number and locations of existing mitigation banks and in lieu fee projects. The memo also states that the Corps provide a comprehensive status update on the implications of the Sackett decision/actions taken under the directives in the Memorandum within one year of the date of its issuance. They also plan to continue evaluating compensatory mitigation proposals to determine whether the proposal is sufficient to offset losses of aquatic resource functions and services caused by permitted activities, regardless of jurisdictional status of the aquatic and other resources provided by a compensatory mitigation project.

For more information, you can read the full Memorandum below. 

Matthew Viohl

Federal Policy, Director

Erin Huston

Federal Policy, Consultant

Isabella Quinonez

Public Policy Coordinator