Arkansas Agriculture -- Fall 2019

FALL 201 9

T he Landscape of 2020

T he issues that will shape agriculture next year.

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FE ATURES Bridging the Gap Between Farmers and Consumers Morgan Walker | Page 3 The Agriculture Policy Landscape in 2020 Matt King and Jeff Pitchford | Page 6 You’re Hired!

Gregg Patterson | Page 16 Little Bird trying to Solve Big Problem Gregg Patterson | Page 22

COLUMNS

Policy Update

Jessica Clowser Burkham | Page 24

Ag Law Update

Harrison Pittman | Page 32

COVER DESIGN

by Bryan Pistole

Photos by Keith Sutton

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FALL 2019

Edition 55

GuestCOLUMN Morgan Walker is digital & social media manager at the American Farm Bureau Federation.

By Morgan Walker, American Farm Bureau Federation

Bridging the Gap

Between Farmer and Consumers

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“

arming looks mighty easy when your plow is a pencil, and you’re a thousand miles from the corn field.”

It has been 63 years since President Dwight D. Eisenhower delivered that quote in a memorable speech in Peoria, Ill. There have been many changes in agriculture since 1956.

In the 1950s, farmers made up more than 12% of the workforce. Today, farmers and ranchers make up just 1.3% of the U.S. labor market.

In a time where consumers are truly curious about where their food comes from, farmers have a massive opportunity to reach those who truly are a thousand miles from a corn field.

With 230 million active users in the U.S. alone, social media allows farmers to create connections like never before. According to Pew Research Center, 73% of U.S. adults use YouTube. The video sharing platform is also the most popular medium for those in rural America.

Michael and Lauren Lee won the YF&R Excellence in Ag Award from Arkansas Farm Bureau in 2018. The Lees raise beef cattle at their Flying C Ranch operation in Faulkner County. Michael, 33, works fulltime on the farm and Lauren, 31, is an account director for a marketing agency.

The couple sells beef directly to the consumer at farmers’ markets and through social media. They also use their social presence to highlight their farming lifestyle and how they care for their land and animals.

“We live in a technology driven world, and it is important for us to tell our story on all platforms,” said Lauren. “The social media platform is crucial in telling our story as well as the advancement of our great industry.

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The most important concept moving forward is educating our consumers. Current and future generations are far removed from their food derivatives. It is up to the farmer to change that narrative by using social media.”

The Lees focus their efforts on Facebook and Instagram and frequently feature photos from their farm and of their animals, in addition to posting about meat specials and other offerings.

It’s impossible to talk about the power of social media and leave out Twitter.

The social network has 47 million users in the U.S. For farmers and ranchers, #AgTwitter is a unique community that allows producers to both share and glean information about what’s going on in agriculture.

John Newton, American Farm Bureau’s chief economist, uses the platform to share timely market intelligence reports and other economic information that’s important to farmers.

“Twitter helps me stay up to speed on timely information impacting agriculture and the farm economy,” Newton said. “I glean so much from the farmers and ranchers that I follow and appreciate their important perspective.”

Agriculture has a great story to tell and social media allows farmers and ranchers to be the story tellers. * 3

An official publication of Arkansas Farm Bureau Federation distributed to more than 43,000 farming and ranching households in Arkansas.

SUBSCRIPTIONS

Included in membership dues ARKANSAS FARM BUREAU OFFICERS:

President • Rich Hillman, Carlisle Vice President • Mike Freeze, Little Rock Secretary/Treasurer • Dan Wright, Waldron Executive Vice President • Warren Carter, Little Rock DIRECTORS:

Jon Carroll, Moro Terry Dabbs, Stuttgart Sherry Felts, Joiner Chase Groves, Garland City Tom Jones, Pottsville Terry Laster, Strong Jeremy Miller, Huntsville Gene Pharr, Lincoln Caleb Plyler, Hope Rusty Smith, Des Arc Joe Thrash, Houston EX OFFICIO

Magen Allen, Bismarck Donna Bemis, Little Rock Adam Cloninger, Keo Dustin Cowell, Mount Judea Executive Editor • Steve Eddington Editor • Rob Anderson Contributing Writers • Ken Moore, Gregg Patterson, Keith Sutton ADVERTISING

Contact Eva Bakalekos at Publishing Concepts for advertising rates ebakalekos@pcipublishing.com (501) 221-9986, Ext. 115 Fax (501) 225-3735 Arkansas Agriculture is published quarterly by the Arkansas Farm Bureau Federation 10720 Kanis Rd., Little Rock, AR 72211 POSTMASTER: Send address changes to Arkansas Agriculture, P.O. Box 31, Little Rock, AR 72203 Issue #55 Publisher assumes no responsibility for any errors or omissions. All rights reserved. Reproduction without permission is prohibited.

The Arkansas Farm Bureau Federation reserves the right to accept or reject all advertising requests.

Send comments to: arkansasagriculture@arfb.com

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The

Agriculture Po

The past year has been one of up-and-down swings for agriculture, with pain caused by commodity prices and tariff battles followed by positive steps toward new trade agreements and the beginning of the end for the onerous Waters of the U.S. 6

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2020

olicyinLandscape

By Matt King and Jeff Pitchford

(WOTUS) rules. While much has happened this year, 2020 could prove to be even more eventful one, with a number of critical issues still on the table and uncertainty about a long-term deal with China and the political environment overall.

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Governor Asa Hutchinson and Arkansas Secretary of Agriculture Wes Ward look on as former Arkansas Farm Bureau President Randy Veach addresses a crowd during the Farmers’ Day at the Legislature in March.

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t the state level, the 92nd General Assembly gathered in Little Rock from January to April, passing a variety of bills that will continue to have an impact on Arkansas farmers and ranchers in 2020. In addition, the ongoing problem of feral hogs garnered new attention and funding for roads and road improvements remained an important focal point for legislators, Gov. Asa Hutchinson and Arkansas Farm Bureau. Both of these issues will carry over into the new year and important steps to address them remain to be taken in 2020.

To prepare for 2020, we put together a list of the key issues that Arkansas Farm Bureau will be monitoring and working on and that will be critical to everyone in agriculture during the next 12 months.

Congressional Activity

USMCA This agreement between our two largest trading partners is vital for our farmers and ranchers. Arkansas farmers and ranchers need this agreement to be ratified to ensure access to Mexico and Canada, which are among the largest importers of poultry, rice, beef, soybeans and corn. Farmers received good news in early December when House leadership announced an agreement to bring USMCA up for a vote. As of publication, signs are positive that it will pass, ensuring preferential market access for U.S. ag exporters.

Immigration Congresswoman Logren (D-CA) and Congressman Dan Newhouse (R-WA) introduced H.R. 4916, the Farm Workforce Modernization Act, to address the issue of the existing agricultural workforce. Specific concerns with the legislation include: The continuation of the AEWR and the complicated wage structure called for in the bill. The inclusion of arbitrary visa caps on the year-round program. Placing H-2A workers under the Migrant and Seasonal Worker Protection Act (MSPA).

This provision grants H-2A workers a Federal private 8

right of action and the ability to sue employers in federal court. Implementation of mandatory e-verify. Access to a competent, reliable workforce is a longstanding challenge in the agriculture community. Producers face a critical shortage of workers every year, as domestic citizens are largely unwilling to work in the physically demanding activities of production agriculture and guest worker programs are unable to operate in an effective manner.

Hemp In October 2019, the USDA released rules that states must follow when licensing producers to grow industrial hemp. The state of Arkansas has submitted rules, which are pending approval by the USDA. The crop still faces a number of hurdles including getting RMA approval for a crop insurance program and Congress must pass legislation allowing banks to finance these operations.

Livestock Transportation Livestock haulers continue to seek a permanent exemption to the hours of service (HOS) rules. We support an additional 150 air-miles exemption from HOS regulations on the backend of hauls for those transporting agricultural commodities. This builds on Arkansas Agriculture

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the current exemption for the beginning of hauls at the ‘source’ and would simply add the term ‘destination.’

Additionally, rules need to be expanded to allow this exemption to be utilized year-round rather than only during planting and harvesting seasons.

Reauthorization of Grain Grading Standards The U.S. Grain Grading Standards Act is currently up for renewal, which offers producers an opportunity to provide input on how to remove the variability in the grain grading system. Current breakdowns or issues in the system: Umbrella licensing; Accountability for grades outside FGIS’ margin of error – the human element involved in visual grading standards calls for the reasonable margin of error permitted under USDA regulations; Inconsistency between facilities; and Lack of awareness of checks and balances options.

Trade

General

As a top rice-and poultry-producing state, our farmers and ranchers understand the importance of ending trade distorting policies. For years, the United States has allowed countries to implement protectionist policies that have eroded competitiveness of imports, keeping U.S. products out. While we need to hold countries accountable and see the potential for long-term gains by opening markets, the

prolonged trade war is having a significant negative impact on our farm economy.

China The trade war with China has led to record soybeans stocks and depressed prices for farmers across the state. Prior to the trade war, Arkansas farmers saw positive news as China reported lifting restrictions on U.S. exports of beef and rice. Neither of these commodities have been able to reap the benefits as the trade war began shortly after the announcement.

While restrictions are easing, farmers continue to wait for the $20 billion in U.S. ag products to be bought.

With the developments of African Swine Fever (ASF), China needs U.S. pork and other meat products.

In November 2019, China announced it was lifting restrictions on U.S. poultry, which could be worth $1 billion to the poultry industry.

Japan The U.S. will continue to negotiate an agreement with Japan. Phase 1 of the agreement in 2019 saw U.S. beef and pork products put on a level playing field tariff-wise with TPP and European competitors. The next phase of the agreement will see other agriculture products in which we will begin advocating for poultry and rice access with our members of Congress and USTR officials. continued on page 10>>

Members of the Arkansas Young Farmers & Ranchers State Committee joined Congressman Bruce Westerman on a night tour of the Capitol during their recent trip to Washington, D.C. to meet with the Arkansas delegation and other officials. (From left) Adam Cloninger, Michael & Lauren Lee, Jeffrey & Julie Tubbs, Rep. Westerman, Jason Cranford, Dustin & Kayla Cowell, Price & Tiara Boney, and Reed Storey.

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<<continued from page 9

Addressing the feral hog problem will involve multiple local, state and federal government agencies and will require coordination to be effective.

Randy Veach discusses agriculture issues with Senator John Boozman at his office in Washington, D.C.

Environmental

Dicamba Registration In 2018, the EPA approved a two-year label for new formulations of Dicamba herbicide, meaning the label will be up for reapproval in 2020. While complaints against the herbicide are declining in Arkansas, Dicamba remains a volatile topic.

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WOTUS Reauthorization On Oct. 22, 2019, EPA and the Department of the Army Corp of Engineerspublished a final rule to repeal the 2015 rule that impermissibly expanded the definition of Waters of the U.S. under the Clean Water Act. This action also recodifies the longstanding and familiar regulatory text that existed prior to the 2015 rule — providing regulatory consistency across states. The final rule will become effective on Dec. 23, 2019. Currently, a regulatory patchwork exists that requires implementing two competing Clean Water Act regulations and creates regulatory uncertainty across the United States. In 2020, the EPA is expected to publish a new WOTUS rule that will provide a clear definition for “waters of the U.S.”

USDA

NASS Production Estimate When USDA reports are well outside trade expectations they cause huge swings in the market, and

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can take weeks or months for the market to recover from the shock. Many farmers question why NASS continues to rely primarily on surveys, especially late in the season, when FSA and RMA data which farmers are required to report is available.

AMS Livestock Market Reporting After the Holcomb, Kan. fire at the Tyson packing plant, there are a number of producers wanting to know why the major price swings occurred, when we saw little movement in actual animal slaughter. There is concern of market manipulation and we continue to watch where the USDA investigation will go.

GIPSA Rules for Poultry Contracts The 2008 Farm Bill required the USDA to create rules regarding poultry contracts. The rules were expected to be out in October of this year, but have not been delivered yet, and public comment and implementation is expected in 2020. Issues Farm Bureau would like to see addressed are: • Length of contract – Producers need a set contract length, in some cases producers are growing on a flock to flock basis. Additionally, producers

• •

•

•

need a copy of the signed contract with both their signature and the integrator.

Legitimacy of house upgrades – Many producers question the need for facility upgrades on structures that do not have performance issues.

Downtime between flocks – Many our producers count on 5-6 flocks/house per year, with a downtime between flocks being approximately 14 days.

Inconsistency in downtime between flocks, often much longer than 14 days, can cause a producer to lose a flock, which is often their profit margin.

Contract extensions – There is not a contract extension offered as a result of making upgrades. Producers need assurance that a return on investment will be achievable if they make the upgrade.

Compensation for losses – No Antibiotic Ever (NAE) is the latest poultry program.

These birds have a higher mortality and can have smaller placements, but the producer is not paid a higher price per bird nor are they compensated for the higher losses associated with this production style. continued on page 12>>

Jessica and Cory Hamilton of Logan County lost their entire crop of wheat, corn and soybeans when a federal levee along the Arkansas River was breached during summer flooding.

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<<continued from page 11

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Animal welfare and production practice – Animal welfare issues are a concern for producers raising NAE. Birds are routinely sick and the integrator will not immediately treat them. There is a need for a mortality or morbidity threshold that will force treatment on flocks.

Tournament system – Tournament members are assigned by the week of processing and payments are made according to performance compared to the tournament average.

Enforcement – Many producers feel that if current rules were enforced consistently, some frustrations could be mitigated.

Other Issues to Watch •

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November Elections–If Republicans hold the Senate, then Arkansas’s John Boozman will become the Agriculture Committee Chair.

It is uncertain what will happen on the regulatory and trade front should there be an administration change.

Setting discussion for the next Farm Bill – ArFB will begin discussion about what members want in a new Farm Bill, assuming Senate leadership is from Arkansas.

State Issues for 2020

Following the Floods One of the biggest issues in 2019 will drive policy making in 2020 – flooding.

The tremendous amount of rain across the state and water coming from Oklahoma and Kansas caused major flooding and damage to farmland across the state. Excessive rain delayed crop planting and harvesting. Gov. Asa Hutchinson charged a task force to look at the levee situation in Arkansas and earmarked $10 million toward repair and needed work.

The General Assembly will be looking to do something and waiting on the task force’s recommendations to guide policy. It will be important to watch to see how the structure of levee districts and enforcement will ultimately look and to determine who will pay for the maintenance and other repairs in the future. Who will ultimately be in charge of levees and how can they be coordinated?

Another big issue for 2020 (as it has been for several years): Can feral hogs be controlled? It’s clear this has become a statewide issue that is affecting more than just farmers – even golf courses and gated communities have been damaged by feral hogs.

However, like the levee situation, solutions involve multiple local, state and federal government agencies and will need coordination to work.

Perry County farmer Lee Nutt and Perry County Extension Agent Zach Gardner look out at some of Nutt’s flooded farmland in late May.

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In spring, more than 100 Arkansas Farm Bureau members and leaders gathered inside the Arkansas State Capitol for the Farmers’ Day at the State Legislature. The group shared concerns with legislators and attended the signing of proclamations declaring March 10-16 as Arkansas Agriculture Week.

This leads to some critical questions: • Who will ultimately be in charge or at least coordinate the efforts?

• What is the best plan and easiest to do from the farmer’s perspective?

• Could there really be a way to slow the spread of hogs via chemicals?

The November Ballot A third major issue in 2020 will play out at the ballot box in November: The future of our state roads. Issue One will be to continue and existing ½-cent sales tax and apply it to a serious maintenance program for state roads. Included in the plan is the repair/replace of over 1,200 bridges that are either low-weight or off limits to farm machinery and trucks. This will be key to repairing farm to market roads, bridges and maintenance of roads. If the tax is not renewed, then cities and counties will actually see a decrease in road turn back funds and that would continue to strain our state’s road systems. This will be an important issue for voters.

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Former Arkansas Farm Bureau President Randy Veach looks on as Congressman French Hill addresses Farm Bureau leaders during an Advocacy conference in Washington, D.C. Also on the ballot in 2020 will be an amendment to change how issues are put on the ballot in the first place.

Arkansas is way too easy of a state to allow issue to be put on the ballot thus we have seen marijuana, casinos, etc. over the last few years. The proposal will make it more of a statewide initiative to get something on the ballot and it will also make it harder for the legislature to put issues on the ballot – thus making the issue more vetted and more thought out. * 13

CONGRATULATIONS Soy Scholars 2019 Research Winners Natalie B. Star City High School Star City 2019 State Soybean Science Challenge $1,000 cash Award

a

Emily S. Arkansas School for Mathemathics, Sciences and the Arts Hot Springs

a Amna K. Little Rock Central High School Little Rock

a

Chris C Glen Rose High School Malvern

a Molly R. Alma High School Alma

ROOTED IN PASSION

G ROW N W IT H PRIDE WIT PRID E

a Cooper B. Salem High School Salem

a Rayne C. Taylor High School Taylor

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At Riceland, our roots run deep. Backed by generations of U.S. family farmers, Riceland produces high-quality grains to proudly be served to families around the world.

Clayton M. Waldron High School Waldron

Learn more about Riceland at Riceland.com.

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NOVEMBER IS SOYBEAN MONTH IN ARKANSAS. Celebrate with the Arkansas Soybean Promotion Board by spending two and a half minutes with a video that showcases the impact our industry has on our state, nation and the world.

You’ll also find recipes, production data, career info, funded research podcasts and grower tools at TheMiracleBean.com

Scan this code with your smart phone or key in this quick link to watch: bit.ly/soybeanmonth Arkansas Agriculture

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You’re

Apprenticeship program seeks new farmers

By Gregg Patterson

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Hired!

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new version of “The Apprentice” will begin in northwest Arkansas in January 2020, but President Donald Trump won’t be hosting it, Instead, the University of Arkansas System Division of Agriculture is looking for people who want to get into farming for its new Farmer Apprenticeship Program. The program will match future farmers with full-time farming mentors for periods of 10 months to two years. The program is managed by the Center for Farm and Food System Entrepreneurship and is being offered through the University of Arkansas Agricultural Experiment Station.

Heather Friedrich is a program manager for the university’s Horticulture Department. She’s leading the effort to find up to a half dozen apprentices.

“We have been developing this program for a few years now. We have a long history working with organic production methods and sustainable production methods,” Friedrich said. “We also work with farmers markets in the area.”

She says the idea is to recruit new farmers using those production methods into those markets to meet consumer demand in the area for those types of food products.

Heather Friedrich

continued on page 18>>

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The new Farmer Apprenticeship Program will match future farmers with full-time farming mentors for periods of 10 months to two years. <<continued from page 17

“Who will be farming our land in the next 20 to 30 years?” she asks. “There’s going to be a big turnover in ag lands, because our farmers are getting older. Who is going to be farming that land, and where are they going to get the skills to do that?”

Friedrich said program leaders will be “looking for people who are seriously contemplating food production for local and regional markets as a profession.” She adds, “Ideally, those coming into the program will have some experience in food production, either from other farms, backyard gardening or education.”

Those selected for the apprenticeship program will start in January. Friedrich says the first two months will be classroom work. “Each year we’re going to have a set of 12 classes that apprentices will attend.” She says this will give participants a baseline of ag information, knowledge of who the providers are in the area and

networking opportunities.

“There’s a lot of flexibility we’ve built into this program based on farmer needs and apprentice interest,” Friedrich said. She says a vegetable farm apprenticeship might last 10 months while a livestock farm apprenticeship could last two years.

“Once they do go on-farm, we’ll be checking in with them every two months – and more if needed – to make these kind of assessments to be sure they are learning skills and not just doing the same tasks day in and day out. This is a learning experience for these apprentices, so we want to make sure they are indeed gaining the necessary experience, knowledge and skills,” Friedrich said. “That’s what our role is after we conduct the classes.”

Friedrich says she’s looking to get four to six apprentices in this initial apprenticeship class.

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“We’re working with four different farms in northwest Arkansas, and they range from an organic vegetable producer to an integrated vegetable and livestock operation. So, we have a nice range of experiences available for apprentices.”

Applications are due by Dec. 15, 2019. Those accepted into the program will be required to pay $285 per year for program education and administration.

Direct questions about the program to Heather Friedrich at heather@uark.edu.

Those interested in learning more about the program and applying online can do so at the following link: bit.ly/ AAES-FarmerApprenticeship . *

“There’s going to be a big turnover in ag lands, because our farmers are getting older. Who is going to be farming that land, and where are they going to get the skills to do that?” asks Heather Friedrich, program manager for the University of Arkansas’s Horticulture Department.

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Little Bird Trying to Solve Big Problem The goal is to cut poultry feed-related costs

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ittle Bird Systems is a Fayetteville-based startup company that’s touting its new feed monitoring system called FeedCast. Its website defines FeedCast as “a non-intrusive, low cost, wireless solution to monitor feed inventory for the livestock industry.” Sensors powered by a solar battery are magnetically attached to a feed bin or tower. A vibration transducer element is also magnetically attached to the bin. It creates a vibration profile that is read by the monitors. That profile accurately indicates how much feed is still in the bin.

So what’s the big deal?

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By Gregg Patterson Bryon Western is Little Bird’s CEO. He explained the genesis and the value it adds to both integrator feed mills and to the day-to-day feeding operations of the farmer/grower.

“It’s a feed inventory control system,” Western said.

He says the poultry industry has long been trying to solve the feed delivery efficiency problem it has from the mill to individual farms and poultry houses. Western says individual feed bins hold 36,000 pounds of feed. The inherent inaccuracies in once or twice a week visual readings made by the poultry farmer or readings based on an inefficient weight-scale system, cause inaccurate readings up to 25%.

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“Integrators like Tyson, Simmons and Pilgrim’s Pride are responsible for delivering the feed, so that inventory number is real important to them,” Western explained. “The towers are large. It’s really hard to get a decent estimate by just looking inside.” He says it’s not uncommon for a poultry grower to be 5,000 to 10,000 pounds Bryon Western (manual estimate) off with one of these estimates. Western also says feed bins set on a scale system have been around for a while but tend to be expensive and unreliable and have never really caught on.

Western explained how Little Bird was asked to develop something reliable, easier to install and more cost effective then these load scales. “The FeedCast system is a pretty unique way of measuring how much feed is in a (feed) tower.

“I don’t know. We may have been drinking at the time when we came up with the idea,” Western said, a mischievous hint of humor in his voice. “When you have a wine glass and you rub the rim of the wine glass, it makes a tone. That tone changes depending on how much wine is in that glass. So we took that same sort of concept and applied it to these giant feed towers.

“So the FeedCast system has a component that sits on top of the bin, and it vibrates the bin. It has several vibration sensors placed down the side of the bin. By measuring that vibration, we can determine how much feed is inside that tower.”

Better still, says Western, is the collected information is then transmitted directly from the feed bin over a cellular network. “The grower or the integrator or feed mill can look at their phone or their computer and get an up-to-date inventory. They can base all of their delivery logistics on this much more real-time, accurate information rather than the farmer calling in once a week,” Western said. The now accurate data helps the farmer and the feed mill.

The farmers benefit, of course, because they’re not having to worry about running out of feed and then trying to schedule an emergency delivery. The feed mills benefit by having accurate, real-time data and using it to develop more efficient delivery schedules.

With much (up to 60%-70%) of the cost in raising a chicken tied up in feed, savings realized in feed delivery efficiency could potentially save farmers, feed mills and integrators money. Presently, Little Bird is still in the startup and testing phase on a handful of poultry farms.

“We’re looking to get enough funding to carry us through next year (2020),” Western said. “It looks like 2021 we’ll finally get enough traction to become selfsufficient and self-sustaining from revenues.” *

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With the FeedCast system, sensors powered by a solar battery are magnetically attached to the feed bin or tower and a vibration transducer element is also magnetically attached to the bin. These create a vibration profile that is read by the monitor, which accurately indicates how much feed is still in the bin.

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PolicyUPDATE Jessica Clowser Burkham grew up on a registered Angus cow/calf operation in Nebraska. She spent six years in Washington, D.C., working as a legislative assistant for U.S. Sen. Deb Fischer of Nebraska, where she advised on legislative issues for the Senate Agriculture, Nutrition and Forestry Committee and the Senate Environment and Public Works Committee. She also managed the senator’s legislative priorities in agriculture, energy and environment, water infrastructure, biofuels and trade policies and worked to negotiate and advance priorities for the 2014 and 2018 Farm Bills.

By Jessica Clowser Burkham Director of Policy Development and Legislative Research for Arkansas Farm Bureau

The Road(s) to a Better Future

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reliable infrastructure network is critically important for Arkansas’ agriculture producers.

Highways expand and strengthen interstate commerce, which is vital for the movement of goods in and out of Arkansas and from farm or ranch to market. This is important because agriculture is the economic engine of our state and our hardworking farmers, ranchers and forest products producers depend on the effective transportation of products to provide for their families.

In early 2019, the Arkansas General Assembly approved two highway funding related pieces of legislation. The first, HJR 1018, referred to as Issue 1, is a legislatively referred constitutional amendment, which will appear on the Nov. 3, 2020 general election ballot. Currently, Arkansans are paying one-half percent (.5%) – or half a cent – sales and use tax for the purpose of funding infrastructure projects in the state.

Issue 1 is simply a continuation of current law, paying half a cent sales tax to fund state highways, bridges, county roads and city streets.

Essentially, a “yes” vote for Issue 1 would support the continuation of the current half-percent sales tax that is set to expire in 2023. A “No” vote would reject the continuation of the current half-percent sales tax beyond 2023.

In addition to HJR 1018, the Legislature approved SB 336, which was signed into law by Gov. Asa Hutchison and is now referred to as Act 416. Act 416 was approved with the intent “to provide additional revenue for the maintenance and repair of highways, streets, and bridges in the state.” Among its provisions, Act 416 establishes a wholesale tax of 24.5 cents per gallon on gasoline and a wholesale tax of 28.5 cents per gallon on diesel. This tax does not apply to off-road diesel. Moreover, Act 416 mandates an additional registration fee of $100 for hybrid vehicles and $200 registration fee for electric vehicles. Finally, Act 416 transfers casino tax revenue in excess of $31 million annually, with a minimum of $35 million, to the State Highway Fund. Arkansas Farm Bureau strongly supports both Issue 1 and Act 416.

Under the combination of Issue 1 and Act 416, the total new revenue generated for Arkansas’ surface

24

infrastructure projects and maintenance is $410 million. This is extremely significant given the current state of Arkansas’ state and county roads. Of the $410 million, $300 million will be designated for the Arkansas Department of Transportation (ArDOT) and the remaining balance of $110 million will be split between the counties and cities. Targeting these dollars in the most effective manner will provide a stronger surface transportation network across the state.

To ensure ArDOT, as well as our cities and counties, receive these dollars, Arkansas Farm Bureau has teamed up with a coalition that is working diligently to get Issue 1 across the finish line in November 2020. On Nov. 15, the campaign – referred to as Vote for Roads. Vote for Issue 1 – was formally announced and officially kicked off the year-long focus to approve Issue 1 as an amendment to the Arkansas constitution. For this effort, Arkansas Farm Bureau has joined together with the Arkansas State Chamber of Commerce, Arkansas Trucking Association, The Poultry Federation, Associated General Contractors of Arkansas, Arkansas Asphalt Pavement Association, Associated Builders and Contractors of Arkansas, Northwest Arkansas Council, American Traffic Safety Services Association, and the American Council of Engineering Companies of Arkansas. As you can see, this is a diverse group which encompasses multiple industries, illustrating the importance of Issue 1.

In addition to joining the coalition, Arkansas Farm Bureau, through its Voluntary Issues Fund, has provided monetary support for the Vote for Roads. Vote for Issue 1. campaign. The Voluntary Issues Fund has made a huge difference with previous legislative issues, ballot questions and amendments to the Arkansas Constitution. This fund cannot be used for personal or individual contributions, but is in place to advance the priorities of our Arkansas Farm Bureau members.

In the months ahead, the Vote for Roads.

Vote for Issue 1. campaign will focus on educating Arkansas voters on the need for a safe and dependable infrastructure system. Additionally, ArDOT will host twelve open-forum, community events around the state including: Monticello, West Memphis, Harrison, Arkansas Agriculture

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ARKANSAS FARM BUREAU • FALL 2019

Texarkana, Mena, Fort Smith, Hot Springs, Maumelle, Springdale, Batesville, Jonesboro, and El Dorado. Farm Bureau strongly recommends you attend the event located in, or near, your community to learn more about Issue 1 and the importance of its approval on Election Day 2020.

Without a long-term, reliable funding solution for transportation projects, Arkansas ag producers cannot do what they do best: feed the nation and feed the world. A strong surface transportation network is great news for the entire state and will only lead to greater economic development across all industries throughout Arkansas. *

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Arkansas Agriculture

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ADVERTORIAL

F

or centuries, the Arkansas Delta and other river floodplains have been bountiful sources of food and habitat for migrating ducks.

Greentree reservoirs on public and private land are a crucial component of this habitat.

Greentree reservoirs, largely developed in the 1950s, are bottomland forests that are artificially flooded by land managers to provide duck habitat and duck-hunting opportunities.

These reservoirs offer red oak acorns and invertebrates for food as well as thermal cover and pair isolation — nearly everything ducks need during mid- to late-winter stopovers.

AGFC manages nearly 50 GTRs across the state, providing more than 50,000 acres of flooded forests for waterfowl habitat and worldrenowned public hunting opportunities. AGFC staff, along with other expert habitat managers, began a formal assessment of forest health conditions within these GTRs in 2014.

Forest health data indicate the composition and health of these forests have gradually changed and declined, leaving these habitats less valuable to ducks. The most beneficial red oaks have proven especially susceptible to years of prolonged and growing season flooding, but even more water-tolerant species are showing stress.

“Many years of artificial water management that differs substantially from natural conditions have stressed many tree species in these sites,” said Luke Naylor, AGFC waterfowl program coordinator.

Scientific information gathered during the last few decades calls for a more natural and sustainable management philosophy for these habitats. For the last several years, AGFC has started to deploy different strategies to provide high-quality waterfowl habitat, and hunting, for the long term.

Delaying intentional artificial flooding to a more beneficial time of year, the adoption of new management plans and infrastructure renovation are all geared to reduce stressors on water-intolerant trees and improve management capacity. Additional forest health assessments have been initiated as well as detailed reviews to evaluate hydrology, identify needed infrastructure changes and develop restoration plans for each GTR. To date, GTR reviews have been conducted on 12 WMAs resulting in preliminary restoration plans and infrastructure modifications. “These renovations will not be cheap,” Naylor said. “Many GTRs have a large amount of infrastructure installed over many decades.

Much of this infrastructure is in poor condition and in need of major repair.”

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Arkansas Agriculture

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ARKANSAS FARM BUREAU • FALL 2019

BY THE NUMBERS More than 300 miles of levees and more than 400 water-control structures regulate the water on public GTRs in Arkansas, and most of this infrastructure is now 50-60 years old.

Current GTR restoration plans are identifying the most critical renovations needed to better manage the flow of water through these habitats.

The AGFC and partners must be creative in funding these vital projects. Luckily for the Commission, the hunters and the ducks, help is available. In addition to traditional wildlife management funding streams, competitive grants are available through programs like the North American Wetlands Conservation Act.

49

Public Greentree Reservoirs in Arkansas

50,000-plus

Acres of flooded forests for waterfowl habitat and hunting

300-plus

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400-plus

Structures regulating water on public lands in Arkansas

Henry Gray Hurrican Lake WMA GTR - shows timber loss due to prolonged flooding from new precedent of high water events and U.S Corp water management.

The act, created in 1989, conserves North America’s waterfowl, fish and wildlife resources while producing a variety of environmental and economic benefits. Its success is driven by partnerships involving federal, state and local governments, nonprofit organizations such as The Nature Conservancy, Ducks Unlimited, and community groups.

AGFC has partnered with Ducks Unlimited to submit the first two of many expected NAWCA grant proposals to help fund GTR renovation projects. The first two proposals Arkansas Agriculture

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ARKANSAS FARM BUREAU • FALL 2019

are linked to GTR projects on Earl Buss Bayou DeView WMA, and Ducks Unlimited has stepped up to administer these grants and provide engineering design support.

AGFC expects the next set of NAWCA grant proposals will be for GTR projects on Henry Hurricane Lake WMA. “Securing external funding takes time, and necessary changes won’t happen overnight,” Naylor said. “We’re in this for the long haul and there are no quick fixes.”

Visit AGFC.com for more information about Greentree Reservoir Management in Arkansas. •

29

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Energy well-spent Invest in high efficiency equipment for greater yields on the farm. Our incentives cover up to 75% of the total cost on equipment upgrades. entergyarkansas.com/agriculture

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Arkansas Agriculture

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ARKANSAS FARM BUREAU â&#x20AC;˘ FALL 2019

10/30/19 4:21 PM

31

Ag LawUPDATE Harrison M. Pittman heads the National Agricultural Law Center, which serves as the nation’s leading source of agricultural and food law research and information. The Center deals with legal issues around the country that impact agriculture at the state and federal levels.

by Harrison Pittman, Director, National Agricultural Law Center University of Arkansas System, Division of Agriculture

A

t the National Agricultural Law Center, we keep an eye on legal cases around the country that are likely to have an impact on agriculture at the state and federal levels. In this edition, we look ahead to cases and issues likely to play out in 2020 and examine what they could mean for Arkansas farmers.

Waters of the United States (WOTUS) In 2020, expect to see a lot of action, expanding litigation, and continued confusion regarding the scope of the Environmental Protection Agency and the U.S. Army Corps of Engineers jurisdiction over private lands. One major event will be issuance of the “replace rule,” which will be the Trump Administration’s attempt to replace the 2015 WOTUS rule issued by the Obama Administration. For those wanting to see immediate change, that news will be welcome but also come with disappointment as it is certain to be the target of multiple legal challenges.

And, those lawsuits will be on top of the more than 15 or so legal actions already playing out in federal district courts around the country.

More on WOTUS The United States Supreme Court will issue a decision in County of Maui v. Hawaii Wildlife Fund, which could have major implications for agriculture. In County of Maui, the Court will decide whether or to what extent groundwater can be considered a “water of the United States” and, therefore, subject to regulation by the EPA and Corps of Engineers. For decades, groundwater was widely considered to be outside the scope of 32

EPA and Corps jurisdiction under the Clean Water Act. This longstanding belief could be changing. In recent years, there was a split among the courts considering the issue. The matter wound its way to the Supreme Court, and we’ll learn in 2020 what the Supreme Court has to say on the matter. The case itself does not involve an agricultural operation, but the outcome nevertheless carries major implications for agriculture in Arkansas and across the nation.

Beef and Soybean Checkoff We can expect a decision in the ongoing litigation against the beef checkoff, R-CALF v. USDA. That action challenges the ability of states’ qualified beef councils to retain onehalf of the dollar-per-head assessment producers pay under the national beef checkoff. The plaintiffs in that case want the ability to “leap frog” the state beef councils at issue and pay the full assessment to the Cattlemen’s Beef Board. Interestingly, the defendant – USDA – actually agrees with the plaintiffs on this particular issue.

The net effect is that many state beef councils could see a decrease the amount of the assessment they have historically retained and expended.

Due to the very similar structure and operation of the national soybean checkoff, the outcome of R-CALF could very well impact the traditional role and operation of qualified state soybean boards in the national soybean checkoff.

Hemp It looks like 2020 will be a huge year in the evolution of hemp production for a number of reasons.

For example, it will be the first

growing season under the 2018 Farm Bill and hemp interim final rule issued

by USDA in late 2019. Additionally, the USDA will seek to make many changes to the interim final rule as they seek to improve the rules based on feedback from industry, law enforcement, and others.

Glyphosate; Roundup We’ll learn a lot more about the fate of glyphosate, the active ingredient in Roundup Ready products and one of the most widely used herbicides in the United States. As we head into 2020, there are nearly 20,000 lawsuits filed in federal and state courts around the country alleging that glyphosate caused or contributed to plaintiffs’ non-Hodgkin’s Lymphoma. So far, court decisions have been significant victories for the plaintiffs and have therefore raised serious doubts about the long-term availability and/or use of glyphosate.

To learn more about these and other issues impacting agriculture in Arkansas and the nation, be sure to visit our website at www.nationalaglawcenter.org. *

Arkansas Agriculture

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ARKANSAS FARM BUREAU • FALL 2019

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