California Ag Network

Tag: Almond Alliance of California

  • Almond Alliance’s Elaine Trevino Nominated as US Chief Agricultural Negotiator

    On September 13th, President Biden announced his intent to nominate several individuals to serve as key economic and trade representatives, including the Elaine Trevino to serve as Chief Agricultural Negotiator at the United States Trade Representative.

    Elaine Trevino is the President of the Almond Alliance of California (AAC), a member-based trade association that advocates on regulatory and legislative issues in areas of international trade, food safety, water quality and availability, crop protection, air quality, worker safety, supply chain and feed quality. As the leader of an organization that advocates for California’s leading agricultural export, Elaine understands tariff and nontariff barriers to trade and the importance of maintaining America’s strong trade agreements and global positioning. Elaine has worked on advocating for funding for COVID-19 relief, addressing retaliatory tariffs, climate smart farming, public private partnerships for opening new markets and strengthening existing markets and addressing technical sanitary and phytosanitary barriers. Elaine works at the local and federal levels on addressing port congestion, supply chain disruptions and excessive costs.

    Elaine served as a Deputy Secretary at the California Department of Food and Agriculture for Governor Arnold Schwarzenegger and Governor Gray Davis. She was responsible for the oversight of the international export and trade programs, specialty crop block grant funding, division of marketing services, plant health and pest prevention and the statewide county fair network. Elaine serves on USDA’s Agricultural Policy Advisory Committee (APAC). Born and raised in the Central Valley of California, Elaine has a long history of community service and has a great respect for agriculture and the value of the industry to the overall economy. She received her undergraduate degree from the University of California Berkeley and attended the John F. Kennedy School of Government. Elaine and her family currently reside in Sacramento, California.

    Almond Alliance Chairman Mike Curry shared, “We are thrilled to see Elaine nominated for this position and know that her experience with us at the Almond Alliance will carry over into her new role – working first for farmers and ranchers, their families and the workers and businesses in the rural communities where we live. Her new position is responsible for conducting and overseeing international negotiations related to trade of the nation’s agricultural products – all of them including California almonds. Elaine’s nomination requires U.S. Senate confirmation (which will take time) and be assured that the Board of Directors of the Almond Alliance will lead a smooth transition in partnership with Elaine to identify and hire her successor. While we’re transitioning, the Board, Elaine and the Almond Alliance team will not skip a beat in our advocacy work on behalf of California almonds, both on the state and federal levels. Although we will miss Elaine’s leadership and energy, we are excited for the almond industry, the Central Valley (where she grew up) and California agriculture to have such a passionate and committed person serving in the Chief Agricultural Negotiator role.”

    Of Trevino, Matthew Malcolm, Editor of Pacific Nut Producer Magazine shared, “While faithfully serving the California almond industry in her role as President of the Almond Alliance of California, Elaine has also demonstrated time and time again her commitment to the greater agricultural community in her tireless efforts and involvement in addressing issues such as food supply chain disruptions, international trade disputes, securing funding for agricultural burn alternatives, and much more.  While she will be missed in her role at the Almond Alliance, we are thrilled with the opportunity she will have to represent the interests of farmers at such a critical time as this. We are confident that she will continue to do great things, as she has done for the almond industry.”

    Richard Waycott, President & CEO of the Almond Board of California concurred, “We are thrilled to see Elaine nominated for this critical position, in recognition of the importance of California agriculture and the role of specialty crops like almonds.  We’ve worked closely with Elaine and the Almond Alliance over the years in addressing global trade issues, and look forward to supporting her in her new role as chief ag negotiator.”

    Manuel Cunha President of the Nisei Farmers League added, “I believe Elaine will do a great job representing our agricultural industries. She knows the commodities and markets very well. She is bright and bold.  She understands the politics and knows how to communicate well with both farmers and legislators.”

    Of the nomination, United States Trade Representative Katherine Tai shared, “Elaine Trevino understands the importance of America’s farmers and farming communities to the vitality of our economy. Her experience will help the Biden Administration craft durable trade policy that creates broad-based prosperity. Throughout her impressive career serving in leadership positions at the state and federal level, Elaine has developed strong relationships with key stakeholders and demonstrated a keen understanding of trade and agriculture policy. If confirmed as Chief Agriculture Negotiator, Elaine would be the first woman of color and the first Latina in this critical position that will help USTR advance President Biden’s vision to increase American competitiveness. I hope the U.S. Senate can quickly confirm her to fill this important role so she can get to work on behalf of the American people.”

    Michael Dykes, D.V.M., president and CEO of the International Dairy Foods Association added, “Having had the pleasure of serving on the USDA Agricultural Policy Advisory Committee for Trade with Ms. Trevino in recent years, I’m confident she will position U.S. agriculture interests competitively, remain vigilant to protect U.S. businesses from myriad barriers to trade, and embrace diplomacy and relationship-building. As a resident Californian and former deputy secretary of the California Department of Food and Agriculture, Elaine Trevino is well aware of the importance of trade to California—the state exported $2 billion worth of dairy products in 2020— and to U.S. dairy. IDFA is eager to get to work with Ms. Trevino to continue the growth of our dairy exports and the global competitiveness of the dairy industry. We encourage the U.S. Senate to confirm her quickly.”

    “The role of Chief Agricultural Negotiator is essential in pursuing positive trade policy results for U.S. dairy farmers and in expanding overseas markets for dairy products,” said Jim Mulhern, president and CEO of National Milk Producers Federation (NMPF). “NMPF is pleased that in choosing Ms. Trevino to nominate for this position, President Biden has selected someone with the right background and clear understanding of trade’s importance to American agriculture, both of which are vital to success in this position. I’ve been fortunate to serve on the president’s Agricultural Policy Advisory Committee with Ms. Trevino and hope to see swift confirmation of her nomination by the Senate so she can commence the work that’s so key for farmers across the country.”

    “U.S. dairy farmers, exporters and manufacturers have been eagerly awaiting the nomination of a Chief Agricultural Negotiator given the sizable role that trade plays in providing a home for the equivalent of more than a day’s worth of U.S. milk production each week,” said Krysta Harden, president and CEO of US Dairy Export Council. “The world needs U.S. dairy and U.S. dairy needs the world. Our industry is eager for additional market opportunities to help us create more jobs here in America as we meet that demand with our high-quality, sustainably produced products. We urge the Senate to move swiftly to confirm Ms. Trevino and look forward to working closely with her to expand markets around the world.”

    Doug Palmer in the Politico Pro shared, “Biden has been under pressure from farm-state senators to fill the position, which Congress created 20 years ago to elevate the importance of agricultural issues in U.S. trade negotiations. Depending on the year, anywhere from 18 percent to 40 percent of the income U.S. farmers earn is derived from goods transported to other countries… By selecting Trevino, Biden helps fulfill his goal of bringing diversity into his administration, while also giving a key position to someone from the largest U.S. agricultural exporting state.”

    Palmer continued, “The Senate Finance Committee will schedule a hearing on Trevino’s nomination sometime after it has received her official paperwork from the White House. Her nomination is the last of six Senate-confirmed positions in the Office of the U.S. Trade Representative that Biden needs to fill. Of those, only U.S. Trade Representative Katherine Tai is already on the job.”

  • Losses in Over 20% of Sales due to Continued Port Congestion

    Almond Alliance of California — The transportation crisis continues for agriculture exporters and seems to be worsening as the holiday season nears. Increased costs, rescheduling, cancellations, detention and demurrage charges up 300% and lost markets are some of the realities the industry is facing. Based on numerous sources, over 20% of sales cannot be completed due to ocean carrier rates, declining to carry export cargo, unreasonable demurrage and detention charges, and other practices.  As an industry that is international holiday focused, this issue continues to be a top priority for almonds.

    The Almond Alliance continues to focus on this issue and work closely with AgTC, several stakeholder organizations, logistic companies and of course the Port of Oakland.  Here is a summary of recent efforts related to port congestion and related Almond Alliance action items.

    Federal Maritime Update (FMC):

    The FMC launched an expedited inquiry into the timing and legal sufficiency of ocean carrier practices with respect to certain surcharges. There are eight ocean carriers being asked to provide the Commission’s Bureau of Enforcement (BOE) with details about congestion or related surcharges they have implemented or announced. This action was taken in response to communications received by the Commission from multiple parties reporting that ocean carriers are improperly implementing surcharges. The companies contacted are CMA CGM, Hapag-Lloyd, HMM, Matson, MSC, OOCL, SM Line; and Zim. Each ocean carrier was identified as having recently implemented or announced congestion or related surcharges. Ocean carriers are subject to specific requirements related to tariff changes or rate increases, including providing a 30-day notice to shippers and ensuring that published tariffs are clear and definite.

    The FMC has indicated that they are committed to transparency and Chairman Maffei has said, “As Chairman, I want to know the carriers’ justifications for additional fees, and I strongly support close scrutiny by the FMC’s Bureau of Enforcement aimed at stopping any instance where these add-on fees may not fully comply with the law or regulation.”

    In summary, the FMC is working on the below items:

    • The Fact Finding 29, led by Commissioner Rebecca Dye, to identify operational solutions to cargo delivery system challenges.
    • FMC Ocean Carriers Audit Program which will analyze the top nine carriers by market share for compliance with the Commission rule interpreting 46 USC 41102(c) as it applies to detention and demurrage practices in the United States. Other focus areas of the audit process may include practices of companies related to billing, appeals procedures, penalties assessed by the lines, and any other restrictive practices. Lucille Marvin, the Commission’s Managing Director, is leading the audit.  
    • FMC is committed to transparency facilitating ongoing stakeholder discussions and roundtables.

    The Commission can initiate enforcement actions for improperly established tariffs based on their findings. We will let you know when the inquiry on Shipping Act violation findings are released. If you want to file a formal complaint, please contact the Almond Alliance and we will walk you through the process.

    The Federal Maritime Commission recently announced their National Shipper Advisory Committee. The Committee is comprised of 24 members, evenly divided between those who export cargo from and those who import cargo to the United States, that will advise the Commission on policies relating to the competitiveness, reliability, integrity, and fairness of the international ocean freight delivery system. Joshua Woods from Blue Diamond Growers will serve on the advisory committee.  The Almond Alliance will continue to communicate industry challenges to the Commission and newly formed advisory committee.

    Action Item:  The Almond Alliance continues to engage with the FMC staff and will be transmitting a letter to the commission regarding the impacts to the California almond industry and our requests for action. In addition, we alerted the FMC that due to the delays at the Port of Los Angeles and Port of Long Beach the number of vessels that have bypassed the Port of Oakland, we believe due to time constraints, has soared. The number of vessels that have bypassed the Port of Oakland in comparison to last year is approximately 40 (from July 2020 to July 2021) which furthers the challenges that almond exporters are facing.

    Recent Roundtables Facilitated by FMC:

    Port of Oakland on August 30, 2021: Oakland Port executives, with Federal Maritime Commissioner Carl W. Bentzel, California State Transportation Agency Secretary David S. Kim, importers, exporters and stakeholders discussed the port congestion challenges and how to strengthen Oakland’s place in the global supply chain and strengthen the state and federal economies. Attendees asked for support from maritime leaders to streamline seaport operations and communications and collaborate on making the supply chain transparent for customers and operators. FMC and CalSTA asked for recommendations on how to alleviate the port congestion and improve communication between importers, exporters, the Port of Oakland, logistics and carriers.  The Almond Alliance requested longer night gate hours, requirements on the percentage of empty containers returning on a vessel, improved notifications from carriers on early calls and blank sailings, explanation of increased fee methodology and compensation for third party fees on storage and chassis. While our requests are ambitious, our goal is to push for transparency on the issues important to our exporters.

    Port of Long Beach on September 1, 2021: The Long Beach roundtable focused on supply chain transparency and how equipment and operations move cargo in and out of the largest port complex in the United States. Commissioner Bentzel was joined by Congressman Alan Lowenthal, who has represented the LA/LB port complex at the local, tate and now federal level for decades. Long Beach and Los Angeles Port Directors Mario Cordero and Gene Seroka also joined as well as representatives of rail lines, trucking, chassis, container lines, and terminals.

    Action Item:  The Almond Alliance was asked to summarize and update the impacts that the port congestions have had on almonds.  We are in the process of drafting and will submit soon.  We need to hear from our handlers if expanding night gate hours for truckers at the Port of Oakland will be helpful and utilized. Please email us and express your support. This will help our effort to expand gate hours at the Port of Oakland.

    Port Update:

    Port of Oakland: A year-long cargo surge slowed and volume dipped at the Port of Oakland in July. The Port recently reported it expected containerized cargo volume growth to resume as peak shipping season arrives. Though business dipped in July, the Port said year-to-date import volume has increased 16 percent. Total volume in the same period is up 9 percent.

    According to the Port, cargo volume declined 3.5 percent in July compared to the same month a year ago. Here’s the breakdown:

    • July containerized imports down 1.7 percent year-over-year;
    • July containerized exports down 4.7 percent Y-O-Y; and
    • July total volume, which includes imports, exports and empty container repositioning, down 3.5 percent Y-O-Y.

    The Port attributed the declines to record cargo volume in the first half of the year. It explained that surging shipments stacked up on docks causing delivery delays. The Port said that as a result, shipping lines omitted several voyages to Oakland, leading to lower volumes.

    The Port said that cargo volume should increase again from August through October. Those are peak shipping months for retailers building holiday inventories. Oakland has introduced two new vessel services to Asia in the last month which should also boost volume. The Port said new services demonstrate continued reliance on Oakland as a key global trade gateway.

    Action Item:  The Almond Alliance is working with the Port of Oakland to encourage longer hours of service at the night gate, with an early opening time. If you have an opinion on this issue, please contact the Almond Alliance.

    Union Negotiations:

    All of our almond exporters are concerned with the upcoming labor negotiations which are set to begin in January 2022. Given the existing conditions at the Port of Oakland, an impasse would be devastating.  While labor negotiations impact the Port of Oakland, the two parties negotiating are the International Longshore and Warehouse Union (ILWU) and the Pacific Maritime Association (PMA). The Almond Alliance is meeting with ILWU and PMA and will continue to monitor contract negotiations and update on the progress.

    Legislation of Interest:

    Congressmen John Garamendi and Dusty Johnson are authors of the Ocean Shipping Reform Act of 2021 “OSRA21”. The Act’s provisions address the unreasonable detention and demurrage charges, export cargo bookings, and other carrier practices that are essential to allow US agriculture to remain competitive in global markets. The Almond Alliance strongly support provisions in the bill to gain reasonable and fair ocean carrier practices consistent with the Federal Maritime Commission’s Interpretive Rule on Demurrage and. It imposes upon carriers the obligation to self-police compliance with that Rule. In addition, the bill obligates ocean carriers to carry export cargo, to the extent they can do so safely. It addresses carrier practices limiting efficient use of containers, chassis and other equipment. The Almond Alliance will continue to work on advancing and strengthening this bill as it proceeds through the legislative process.

    To view the Ocean Shipping Reform Act of 2021, Click Here.

    To view the Ocean Shipping Reform Act of 2021 Factsheet, Click Here.

    Action Item:  Please check the list below. If your Congressional Representative (or one that you know) is not on the list of co-sponsors of OSRA21, please contact them directly to request they co-sponsor the bill.

    A current list of Co-sponsors of OSRA21:

    Rep. Johnson, Dusty [R-SD-At Large]* 08/10/2021
    Rep. Costa, Jim [D-CA-16] 08/13/2021
    Rep. Newhouse, Dan [R-WA-4] 08/13/2021
    Rep. Smith, Adrian [R-NE-3] 08/13/2021
    Rep. Valadao, David G. [R-CA-21] 08/13/2021
    Rep. Schrier, Kim [D-WA-8] 08/13/2021
    Rep. Thompson, Glenn [R-PA-15] 08/17/2021
    Rep. Gottheimer, Josh [D-NJ-5] 08/17/2021
    Rep. Fitzpatrick, Brian K. [R-PA-1] 08/20/2021
    Rep. Brownley, Julia [D-CA-26] 08/27/2021
    Rep. Keller, Fred [R-PA-12] 08/31/2021
    Rep. Panetta, Jimmy [D-CA-20] 08/31/2021
    Rep. Baird, James R. [R-IN-4] 08/31/2021
    Rep. Van Drew, Jefferson [R-NJ-2] 08/31/2021
    Rep. Meuser, Daniel [R-PA-9] 09/03/2021
    Rep. Womack, Steve [R-AR-3] 09/10/2021
    Rep. Jacobs, Chris [R-NY-27]    09/10/2021

  • Upcoming Legislation on Product Packaging Concerns California Farmers

    As if transportation issues and port congestion weren’t challenging enough for California agriculture and other industries, further legislation to regulate the type of packaging producers can use to ship their products is pending state approval. Watch this brief video with Almond Alliance of California’s lobbyist Dennis Albiani how this will impact agriculture, and read more about it in Pacific Nut Producer Magazine.
    Please thank this video’s sponsor Suterra for their industry support.

  • New Incentives & Funding for Alternatives to Ag Burning

    Almond Alliance of California — Today, the San Joaquin Valley Air Pollution Control District made several decisions which impact the California almond industry.

    The District accepted and appropriated $178,200,000 in state funding and approved enhancements to alternatives to the open burning incentive program. These funds were divided into two categories of incentives.

    • First, increase funding and expand incentives to the District Alternatives to Agricultural Open Burning Program.
    • Second, to ensure adequate capacity to accommodate increase in chipping, the District is proposing to expand the program to include new options for purchasing of chipping and grinding equipment. The criteria will require that any funded equipment is used specifically for expanding Central Valley chipping capacity as open burning is phased out. 
    New Incentive Program Enhancements:
    • Eliminate current $60,000 per year funding cap per entity.
    • Dedicate 30% of funding for smaller ag operations.
    • Additional incentives for small ag operations.  Provide an additional $100/acre for each incentive category to operations (<100 total acres).
    • Expand options for disposition of chipped material through beneficial re-use.
    • Revised per acre incentive amounts by crop type.
    • Increase incentive amount for cane and cordon-pruned vineyard material.
    • Maintain current incentive amount for orchard removal material.
    To View the Full Narrative, Click Here.
    New Incentive Option for Expansion of Chipping Capacity (New Equipment Purchase):
    • Anticipated launch date is September 1, 2021, pending receiving funding from the state.
    • Funding amount is initially allocated up to $30,000,000 for new equipment purchases.
    • Eligible participants are chipping and shredding contractors with demonstrated experience operating services for the chipping of ag material.
    • Eligible equipment are new tier 4 chippers and grinders for the purpose of processing woody ag waste.
    • Incentive amounts are up to 65% of the cost of eligible  equipment with a cap of $2,000,000 per participant.
    • First come, first serve, based on submittal of a complete application.
    • Participant requirements are required to sign a legally binding agreement with the District.  For more details feel free to contact the Almond Alliance. 
    Funding to Replace Agricultural Tractors and Heavy Duty Diesel Trucks:
    The District accepted $5,579,036 from US EPA for the following uses:
    • $2,789,518 to replace heavy-duty diesel trucks that have 2016 or older model year engines with low-NOx natural gas trucks;
    • $2,789,518 to replace agricultural tractors that have uncontrolled, Tier 1 or Tier engines with new agricultural tractors that have Tier 4 engines.
    • To learn more about these opportunities, please visit:
      • Mobile Agricultural Equipment Replacement, Click Here.
      • Heavy Duty Diesel Truck Replacement, Click Here. 
    To View All of the District’s Incentive Program Guidelines, Click Here.

    For more specific details, please contact the Almond Alliance.

  • Ag Goals & Progress of Voluntary Agreements for Bay-Delta Flows

    What is now being referred to as a 20 year drought in California has caused many problems for not only farmers, but all Californians and wildlife. In addition to the dire need for water infrastructure renovations, farming groups are also very focused on pursuing voluntary agreements for alternatives to the California State Water Resources Control Board plan for Bay-Delta flows.  Watch this brief interview with Merced County farmer, Randy Fiorini who shared some insights from the Delta Stewardship Council as the discussions on voluntary agreements have resumed.
    Please thank this video’s sponsor Suterra for their industry support.

  • FARM Act Funding for Pilot Programs to Produce Biocarbon Products from Tree Nuts

    The Almond Alliance of California today commended Rep. Josh Harder (C-10) for including funding to support ten nationwide pilot programs to convert tree nut by-products into biocarbon products in the Future of Agricultural Resiliency and Modernization (FARM) Act.

    Almond Alliance President Elaine Trevino explained that in California the funding will help accelerate efforts to develop new biofuels or other biocarbon products derived from almond harvest by-products.  For example, in a process called “pyrolysis” almond harvest by-products can produce biochar, a soil amendment with excellent carbon sequestration potential and syngas and bio-oils, which can be used directly to fire furnaces or more importantly as inputs to produce motor vehicle biofuels and other biochemicals.

    Trevino commented, “California’s almond growers are proud to be innovators who remain focused on sustainability and are constantly looking to put everything we grow to its highest and best use.  We expect that biofuels produced using California Grown almond by-products will become a major contributor towards meeting California’s carbon neutral goals.  We appreciate Congressman Harder’s ongoing support of almond growers and especially his inclusion of funding for pilot projects in the FARM Act that will catalyze development of climate-friendly biocarbon and biofuel products.”

    About the Almond Alliance

    The Almond Alliance of California (AAC) is a trusted non-profit organization dedicated to advocating on behalf of the California almond community. California almonds generate more than $21 billion in economic revenue and directly contribute more than $11 billion to the state’s total economy. California’s top agricultural export, almonds create approximately 104,000 jobs statewide, over 97,000 in the Central Valley, which suffers from chronic unemployment. The AAC is dedicated to educating state legislators, policy makers and regulatory officials about the California almond community. As a membership-based organization, our members include almond processors, hullers/shellers, growers and allied businesses. Through workshops, newsletters, conferences, social media and personal meetings, AAC works to raise awareness, knowledge and provide a better understanding about the scope, size, value and sustainability of the California almond community.

    For more information on the Almond Alliance, visit https://almondalliance.org/ or check out the Almond Alliance on Facebook, Twitter and Instagram.

  • Preparing Almond Growers for Another Drought

    Drought is a serious concern for farmers this year, and in this interview with Daren Williams from the Almond Board of California, he shares some complimentary resources from the Almond Board to help growers weather another dry year, as well as some other insights. Watch this brief video with Daren and read more about it in Pacific Nut Producer Magazine.
    Please thank this video’s sponsor Trece for their industry support.

  • What the Farm Workforce Modernization Act Means for Farmers

    While it has seemed impossible to get anything done at the national level regarding ag labor reform, Sara Neagu-Reed from the federal policy Division of the California Farm Bureau Federation shares in an interview with California Ag Network that hope is on the horizon with the progress of the Farm Workforce Modernization Act. Watch this brief video with Sara as she explains why, and what ag employers should know and do about it.
    Please thank this video’s sponsor Trece for their industry support.

  • Alternative to Ag Open Burning Incentive Program

    Almond Alliance of California – The San Joaquin Valley Air Pollution Control District (Air District) is accepting applications for the Alternative to Agricultural Open Burning Incentive Pilot Program. This program provides incentives to commercial agricultural operations located within Air District boundaries to chip or shred agricultural material from orchard and vineyard removals and use for soil incorporation or land application on agricultural land as an alternative to the open burning of the agricultural materials.

    The Almond Alliance and Almond Board of California continue to encourage almond growers to utilize this program, especially given the recent Air Resources Board (CARB) approved plan to phase out all open agricultural burning by 2025 in the San Joaquin Valley.

    Applicants must have not chipped, nor can begin chipping, any of the acres and/or orchard to be removed at the location referenced in their application until they have an executed voucher.

    Applications are processed on a first-come, first-served basis while funds are available. The review and approval process consists of an application review and site inspection.  A voucher is executed and sent to the applicant upon determination of an eligible and complete application and inspection.  The approval process typically takes 7-10 business days.

    Land conversions intended for non-agricultural purposes are not eligible for funding.

    To be eligible, farmers have to use the material for soil incorporation or land application as an alternative to the burning of the material. Eligible crop types include orchard and vineyard removals.  Applicants who will be chipping the material with soil incorporation may receive up to $600 per acre, for a maximum of $60,000 per year.  Farmers who wish to chip without soil incorporation are eligible for up to $300 per acre with a $30,000 maximum per year.

    Almond Alliance Chairman Mike Curry of Johnson Farms indicated that it was easy to apply stating “It’s very simple paperwork. It’s pretty straightforward.” Adding that growers who have applied for Air District funding to assist with the purchase of low-dust harvesting equipment or to replace diesel pumps will find the application process similar.

    For Program Guidelines, Click Here.

    For Program Application, Click Here.


    San Joaquin Valley Air Pollution Control District Contact Information:
    Phone: (559) 230-5800
    Email: grants@valleyair.org
    Website: www.valleyair.org

  • CA Fish & Game Commission Decision on Appealing the Court’s Decision on Enlisting Bumble Bees Under the CA Endangered Species Act

    Almond Alliance of California — On January 12th the California Fish and Game Commission (Commission) met to consider rescinding the decision they made at the June 12, 2019 meeting acting on the petition to determine whether listing Crotch bumble bee (Bombus crotchii), Franklin’s bumble bee (Bombus franklini), Suckley cuckoo bumble bee (Bombus suckleyi), and western bumble bee (Bombus occidentalis) as endangered or threatened species under the California Endangered Species Act (CESA) may be warranted. The Commission’s consideration to rescind their January position was due to lawsuit filed by an agricultural industry coalition (that includes the Almond Alliance) where a Sacramento County Superior Court judge ruled that insects including bees were not eligible for protection under the CESA.

    During public comment at the Commission meeting there were several organizations that supported an appeal of the Superior Court’s decision and made it clear that they are moving forward on an appeal and encourage the California Fish and Game Commission to join them. Those appealing the decision are Xerces Society, Defenders of Wildlife and Center for Food Safety. They believe the trial court was incorrect, that bees and bumble bees should be afforded protection under the CESA and that the lower court ruling should be appealed.

    Sunshine Salvador, Counsel of California Farm Bureau and Paul Weilend of Nossaman spoke on behalf of the coalition and did a great job representing the industry’s position. They indicated that the farming community is prepared to pivot away from litigation and engage in a stakeholder process to establish a statewide pollinator management policy. We are uniquely suited to do so given our expertise in pollinator management and in light of the essential role of pollinators in farming and providing food security for our State and the nation. Establishing a statewide pollinator management policy, tailored to the challenges pollinators face is much more likely meet pollinator conservation needs versus regulation through the CESA.

    On January 27th, the Almond Alliance and members of the coalition met with Commission President Eric Sklar and Vice President Samantha Murray as well as the Commission’s legal counsel and a representative from the Attorney General’s office.  We expressed why the Commission should not appeal the Sacramento County Superior Court Judge’s decision. This meeting’s goal was to tell them about our current efforts to protect pollinators and to explain there are better ways to protect pollinators and other insects than expending further resources in court. We stated that enlisting bees under CESA may limit our ability to work together to protect pollinators and advance Secretary Crowfoot’s initiative for a statewide pollinator management policy under the Resources Agency Biodiversity Collaborative.

    On February 5th we were made aware that the Commission filed a Notice of Appeal through the California Attorney General’s Office.

    This is where we need your assistance. We need resources to continue our efforts, now at the Appellate Court level to oppose inclusion of insects under the CESA. We are asking our membership and stakeholders to contribute to a legal fund to continue our fight. Whether it is $100, $500 or $5,000 – every donation helps and ensures that we represent you in the Appellate Court. If you prefer to pay directly to the coalition’s legal counsel, we are happy to forward their contact information to make the direct payment.

    For those of you that would like more background as you consider your contribution to this effort, please see below.

    For any questions, please email etrevino@almondalliance.org.

    If you would like to see the Xerces Society media release on the appeal, Click Here.

    Background: On June 12, 2019, the California Fish and Game Commission (Commission) voted 3-1 that listing four species of bumble bees may be warranted under the California Endangered Species Act (CESA).  The decision was made after the Xerces Society, Center for Food Safety, and Defenders of Wildlife filed a petition to list the Crotch bumble bee (Bombus crotchii), Franklin’s bumble bee (Bombus franklini), Suckley cuckoo bumble bee (Bombus suckleyi), and western bumble bee (Bombus occidentalis) as endangered species under CESA.

    Presently, no insects are listed as threatened or endangered under CESA. Both the California Office of Administrative Law and the California Office of the Attorney General have previously taken the position that insects cannot be listed under CESA as the law  defines candidate, threatened, and endangered species as “native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant.”  The law does not include insects.

    Counsel for the Commission claims that because the California Fish and Game Code defines fish as “a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals,” when the Legislature enacted CESA, rather than include insects among the families of species that could be listed, there was legislative intent to incorporate bees, butterflies, beetles, and other insects via the definition of fish.

    The Almond Alliance along with our coalition partners argued that this consideration is not justified based on the following facts:

    • Presently, no insects are listed as threatened or endangered under CESA.
    • Both the California Office of Administrative Law and the California Office of the Attorney General have previously taken the position that insects cannot be listed under CESA. 
    • CESA defines candidate, threatened, and endangered species as “native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant” which does not include insects. 

    ​​​​​​​Paul Weilend of Nossaman, LLP represented our coalition (petitioner list is found below) in the proceedings that opposed candidacy for the four bumble bee species.

    How this impacts the California almond industry: If the bumble bees are listed under the CESA, they would be the first insects protected under the Act. While the bees are “candidates” for listing, they have the same protections as species listed as threatened or endangered.  This means prohibitions on killing them which the Department of Fish and Wildlife routinely interprets to extend to harm to the bees or their habitat.  We would expect pesticide restrictions, grazing rules, and other habitat protections regarding bumble bees.  That could lead to uncertainty if bumble bees are present on fields or in other areas where agricultural practices are occurring. This type of ambiguity would guarantee disruption to normal and customary almond production practices.  For example, ripping, soil movement or almond harvest activities could be claimed to disturb potential nesting sites.  The petitioners specifically list honey bees as a threat to the bumble bees, thus a listing could regulate placement of or reduce the number of honey bee hives.  Listing bumble bees as threatened or endangered is setting the stage for how other insect pollinators will be defined, regulated, and protected.

    Let me be clear, this should not be a debate about the value of bumble bees to almonds, society, and the world, rather how we handle an insect that needs to be protected to prevent colony loss and provide the best possible long-term health.

    The Commission argued that insects are covered by CESA, on the grounds that the Fish & Game Code defines “fish” to include “invertebrates” and that bumble bees and other insects are “invertebrates.”

    In addition, the court declined to defer to the Commission’s scientific expertise and its longstanding position that is has the authority to list insects under CESA. The court noted that the Commission only attempted once before to list an insect species, under CESA’s predecessor statute, and that the Office of Administrative Law rejected the listing as unauthorized. More broadly, the court observed: “Because the Commission’s opinion of its authority under CESA is at odds with the Legislature’s, the Commission’s expertise does not command the deference sought.”

    On November 13th 2020, the Sacramento Superior Court  ruled that insects are not eligible for listing under the CESA ; Almond Alliance of California v. California Department of Fish and Wildlife, Sacramento Superior Court No. 34-2019-80003216 (Nov. 13, 2020).

    CESA defines “endangered species” as a “native species or subspecies of a bird, mammal, fish, amphibian, reptile or plant which is in serious danger of becoming instinct.” Fish & Game Code § 2062.

    The superior court agreed with the farming groups based on straightforward principles of statutory interpretation. The Commission argued that insects are covered by CESA on the grounds that the Fish & Game Code defines “fish” to include “invertebrates” and that bumble bees and other insects are “invertebrates.” The court reasoned that while the definition of “fish” included “invertebrates connected to a marine environment” (such as shellfish and crustaceans), it did not encompass terrestrial “insects such as bumble bees.” The court rejected the “counterintuitive mental leap” that would be “required to conclude that bumble bees may be protected as fish.”

    The court also pointed to a statement in the CESA legislative history indicating that— unlike the federal Endangered Species Act, which explicitly covers terrestrial invertebrates—the California statute was drafted to exclude such invertebrates from eligibility. The court further cited a 1998 California Attorney General opinion concluding that CESA did not apply to insects. While Attorney General opinions are not binding, they are entitled to “great weight,” especially in the absence of clear case law authority. The court concluded: “Combined with CESA’s legislative history, the Attorney General’s opinion makes a very strong case that the Commission was not authorized to list bumble bees.”

    Lastly, the court rejected the Commission’s claim that CESA should be interpreted broadly to effectuate CESA’s purposes. The court concluded that “the absence of authority to list insects under CESA, either as fish or otherwise, is clear. As a result, CESA’s purposes do not confer authority that the Legislature withheld.”

    Thank you for contributing to this very important effort.


    Petitioners: 
    • Almond Alliance of California 
    • California Association of Pest Control Advisors 
    • California Citrus Mutual 
    • California Cotton Ginners and Growers Association 
    • California Farm Bureau Federation 
    • Western Agricultural Processors Association 
    • Western Growers Association