Omitting residual herbicides in soybeans – really – we have to have this argument again?

Source: Dr Mark Loux, OSU Extension

According to our network of sources, the effectiveness of new soybean trait systems has some growers once again thinking about omitting preemergence residual herbicides from their weed management programs.  Some people apparently need to learn the same lessons over and over again.  Having gone through this once in the early 2000’s when Roundup Ready soybeans had taken over and we all sprayed only glyphosate all day every day, we think we’re pretty sure where it leads.  We’re sensitive to concerns about the cost of production, but the cost-benefit analysis for residual herbicides is way in the positive column.  We’re not the ones who ultimately have to convince growers to keep using residual herbicides, and we respect those of you who do have to fight this battle.  Back in the first round of this when we were advocating for use of residuals, while the developers of RR soybeans were undermining us and telling everyone that residuals would reduce yield etc, we used to have people tell us “My agronomist/salesman is recommending that I use residuals, but I think he/she is just trying to get more money out of me”.  Our response at that time of course was “no pretty sure he/she is just trying save your **** and make sure you control your weeds so that your whole farm isn’t one big infestation of glyphosate-resistant marestail.”  And that answer probably works today too – maybe substituting waterhemp for marestail.

We need to state here that a good number of growers kept residual herbicides in their programs through all of this, and we assume they aren’t tempted to omit them now either.  For everyone else – maybe interventions are called for.  Where the recalcitrant person is repeatedly thumped with a stick while being reminded of what happened last time, until they change their minds.

Weed scientist:  so you’re going to use residual herbicides right?

Soybean grower:  no

Thump

WS:  remember what happened last time – lambsquarters became a problem when every residual herbicide would have controlled it.  Change your mind yet?

SB:  no

Thump

WS:  remember when the weather didn’t cooperate and you ended up spraying 2 foot tall weeds because of no initial control?  Do you want this again?

SG:  no

WS:  so you’re going to use residuals?

SG:  not sure

Thump

WS:  and you expect your local dealer to clean up whatever mess occurs when you don’t use residuals?

SG: yes

Thump

WS:  remember when you burnt out the FirstRate on marestail and then the glyphosate wouldn’t work?  Do you want this to happen with dicamba, 2,4-D and glufosinate?”

SG:  no

WS:  well then

SG:  maybe

Gentler persuasive tap

WS:  You know how bad a weed waterhemp is right?

SG:  yes

WS:  what if residuals will help prevent waterhemp infestations

SG:  Ok then – yes

WS:  ok then

Note:  we considered a number of sound effects here – thump, zap, whack…. Thump won out for no particular reason.  We could not decide whether getting hit by a stick was more or less acceptable than getting shocked in this context.

The bottom line is that residual herbicides provide both short- and long-term risk management in weed management for a relatively low cost.  A non-inclusive list of these:

– reduces weed populations overall and slows weed growth, resulting in more flexibility in the POST application window.

– Reduced risk of yield loss if weather interferes with timely POST application.  In the absence of residual herbicides, soybean yield loss can occur when weeds reach a height of 6 inches.

– increases the number of different sites of action used within a season, slowing the rate of resistance development

– reduces the number of weeds that are treated by POST herbicides, which also slows the rate of herbicide resistance development

– residuals control lambsquarters which is not well-controlled by POST herbicides

– the most significant weed problems in Ohio soybean production – waterhemp, giant ragweed, and marestail – cannot be consistently controlled with POST herbicides alone.  They require a comprehensive herbicide program that includes residual and POST herbicides.  It may be possible to make a total POST system work some years or for a while, but in the end this approach will result in problems with control and speed up the development of resistance.

This whole subject of omitting residual herbicides makes us cranky because we don’t have to guess what will happen.  We’ve made our best case here.  It’s up to you of course, but we suggest that we not have to come back and have this discussion again.  Because next time we’re bringing a few friends, a bigger stick, and a gorilla.

Disclaimer:  Parts of this article are meant in pure jest.  We would certainly never advocate in earnest the use of physical harm or other methods of persuasion to change the behavior of herbicide users.  This goes against everything that the discipline of weed science stands for, and also OSU.  Plus – we don’t even know where to rent a gorilla.

 

A hunting we will go: laws landowners need to know

By:Peggy Kirk Hall, Associate Professor, Agricultural & Resource Law

With archery season in full swing and deer gun season opening today, hunters will be out in full force across Ohio.  That means it’s also high season for questions about hunting laws, trespassers, property harm, and landowner liability.  Below, we provide answers to the top ten frequently asked questions we receive on these topics.

  1. I gave them permission to hunt on my land, but do I have to sign something?  Yes.  Permission to hunt should be in writing.  Ohio law requires a person to obtain written permission from a landowner or the landowner’s agent before hunting on private lands or waters and to carry the written permission while hunting.  A hunter who doesn’t obtain written permission can be subject to criminal misdemeanor charges.  ORC 1533.17.  The ODNR provides a permission form at http://wildlife.ohiodnr.gov/Portals/wildlife/pdfs/publications/hunting/Pub8924_PermissiontoHunt.pdf.   If a hunter uses another form, read it carefully before signing and ensure that it only addresses hunting and doesn’t grant other rights that you don’t want to allow on the land.
  2. Do family members need a license to hunt on my land?  Some of them will, depending on their relationship to you.  Resident landowners, their children of any age and their grandchildren under the age of 18 are exempt from the hunting license requirement when hunting on the landowners’ private lands and waters.  The same rule applies if a limited liability company (LLC), limited liability partnership (LLP) or a trust holds the land and the LLC, LLP or trust has three or fewer members, partners, trustees and beneficiaries, as long as the LLC member, LLP partner or trustee is a resident of Ohio.   When the landowner is not a resident, only the landowner, spouse and children of any age may hunt without a license, and only if the landowner’s state of residency grants the same rights to Ohioans who own land in that state.  ORC 1533.10.  Family members who don’t fall under the license exemption must obtain a hunting license and follow the written permission requirement.
  3. Does a hunter need my permission to retrieve an animal injured on another property?  Yes.  The written permission requirement applies to all of these activities:  shooting, shooting at, catching, killing, injuring, or pursuing a wild bird, wild waterfowl or wild animal.  ORC 1533.17.
  4. Will I be liable if a hunter is injured on my land?  Probably not.  Two laws apply to this situation, depending upon whether you gave the hunter permission.   A landowner is not liable for injuries to or harm caused by a hunter who does not have written permission to be on the land.  ORC 1533.17.  Ohio’s Recreational User Statute applies when a hunter does have permission to be on the land; it states that a landowner has no legal duty to keep the premises safe for a hunter and assumes no responsibility for or incurs liability for any injury to person or property caused by any act of a hunter.  ORC 1533.181.  Note that this immunity doesn’t apply if the landowner charges a fee for hunting, unless the fee is a payment made under a hunting lease with a hunter or hunting group.  ORC 1533.18.  Read more about the law in our law bulletin, here.  These laws provide significant protection from liability for hunter injuries, but won’t protect a landowner who willfully or recklessly causes harm to hunters.  One situation that might rise to the level of willful or reckless conduct by a landowner is granting permission to too many hunters and failing to inform or manage the hunters, explained below.
  5. What if several people want to hunt on my land—how many should I allow?  Ohio law does not state how many hunters can have permission to hunt on a parcel, but be careful about setting up a dangerous situation by allowing multiple hunters on the land at once.  If you do give permission to several hunters, let them know that others could also be hunting on the land and designate a particular parking area so that they know when other hunters are present.  You could even consider scheduling hunters on certain days.  If the hunters are part of a hunting club, consider leasing your land to the hunting club and letting the club decide how to manage multiple hunters (see our Hunting Lease checklist, here).  Taking such steps to manage multiple hunters will ensure that you aren’t behaving recklessly and have immunity from liability under the Recreational User Statute.
  6. Should I allow a hunter to bring along someone who’s not hunting? In regards to liability for that person, the Recreational User Statute described above applies to any person engaging in any kind of recreational activity, in addition to hunting. Hiking or walking on the land is a recreational activity covered under the law.  As long as you give permission and don’t charge the recreational user a fee, the law provides immunity from liability for their injuries.
  7. What if a hunter leaves a tree stand or a blind on my land—can I get rid of it?  It depends.  It’s okay to carefully remove a stand or blind from the area, but be careful about damaging or getting rid of it too soon if it’s the property of a hunter who had permission to be on the land.  According to Ohio common law, you might be liable for the property under a claim of “conversion” if the property is not “abandoned” or “lost.”  Abandoned property is that to which the owner has relinquished all rights with the intention of not reclaiming it, while lost property is that which the owner has involuntarily parted with through neglect, carelessness, or inadvertence.  A finder who possesses abandoned property takes absolute title to the property, while a finder of lost property takes title against everyone except the owner.  In either case, destroying or disposing of property that is not abandoned or lost could lead to a claim of conversion, and you could be liable for the damages.
  8. What if a hunter who had my permission to hunt ends up harming my property?  There are two ways with deal with property harm from hunters.  First, the hunting laws prohibit a hunter from acting in a negligent, careless or reckless manner so as to injure persons or property.  Violating this law can lead to first degree misdemeanor charges and compensation to the landowner, as well as revocation of the hunting licenses and permits.  ORC 1533.171 and 1533.99.  Second, Ohio law allows a landowner to seek compensation for the “reckless “destruction of vegetation, trees and crops under ORC 901.51.  Reckless means acting intentionally and without regard for consequences.  If successful, a landowner can receive triple the amount of the harm caused to the property.
  9. What can I do to a trespasser who’s hunting on my land?   Dealing with trespassers is tricky.  First, don’t willfully harm the trespasser, as you could be liable for causing intentional harm.  Second, call your local ODNR wildlife officer or the Turn in a Poacher program, below, to report the incident.  Third, read our law bulletin on “Do’s and Don’ts of Dealing with Trespassers on the Farm,” available on farmoffice.osu.edu, here.
  10. What if I see someone violating hunting laws?  ODNR’s “Turn in a Poacher” program encourages the public to report wildlife violations such as hunting out of season or without a license or permission.  The program provides several ways to report:  complete an online form available at http://wildlife.ohiodnr.gov/stay-informed/turn-in-a-poacher-tip and submit it through the internet or via mail,  call the TIP hotline at 1-800-POACHER, or use the same number to text photos of suspects, vehicles or signs of violations.  All reports are confidential.

Back-to-school means different laws apply to youth farm workers

Source: Peggy Kirk Hall, Associate Professor, Agricultural & Resource Law

When kids head back-to-school, it’s time for farmers to do some homework and recall the rules that apply to youth working on farms during the school year.   Once school is in session, Ohio labor laws place restrictions on the times of day and number of hours that youth under the age of 18 can work on a farm.  The laws don’t apply to parents, grandparents, or legal guardians, however.  For other farm employers, be aware that the laws vary according to the age of the minor and some require written parental consent.  Here’s a quick refresher:

16 and 17 year olds

  • Cannot work before 7:00 a.m. on school days, with the exception that they can work starting at 6:00 a.m. if they were not working past 8:00 p.m. the night before.
  • Cannot work after 11:00 p.m. on a school night, which means a night when the minor has school the next day.
  • No daily or weekly limits on the number of hours the youth can work.

14 and 15 year olds

  • Cannot work during school hours while school is in session.
  • Cannot work before 7:00 a.m. or after 7:00 p.m., but can work until 9:00 p.m. from June 1 to September 1 or during any school holiday or break lasting more than 5 weekdays.
  • Cannot work more than 3 hours during a school day or more than 8 hours during a non-school day.
  • Cannot work more than 18 hours in a week while school is in session, unless the job is part of a work education program such as vocational training or work study.

12 and 13 year olds

  • The same time restrictions and daily and weekly hour limits for 14 and 15 year olds (above) apply to 12 and 13 year olds, but there is no exception to the 18 hour weekly limit for vocational training or work study programs.
  • Employer must obtain written parental consent for the youth to be working, unless the youth’s parent or legal guardian also works on the same farm.

Under 12 years old

  • Can only work on a farm where employees are exempt from the federal minimum wage, which includes a farms of an immediate family member or a “small farm” that used fewer than 500 “man days” of agricultural labor in any calendar quarter the preceding year.  A “man day” is a day during which an employee performs agricultural work for at least one hour.
  • Exception to the above:  local youths 10 and 11 may hand harvest short-season crops outside school hours for no more than 8 weeks between June 1 and October 15 if their employers have obtained special waivers from the U.S. Secretary of Labor.
  • The same daily time restrictions and daily and weekly hour limits for 14 and 15 year olds (above) apply to youth under 12 years old, but there is no exception to the 18 hour weekly limit for vocational training or work study programs.
  • Employer must obtain written parental consent for the youth to be working.

The other labor laws that typically apply to youth doing agricultural work on a farm continue to apply throughout the school year. For example, employers must maintain records for youth employees, provide a written agreement of compensation and a statement of earnings on payday, and a 30-minute rest period if the youth works more than five consecutive hours. An employer can’t assign any youth under the age of 16 with a “hazardous” job or task unless the youth is 14 or 15 and has a certificate of completion for tractor or machine operation. Further information about these and other laws that apply to youth under 18 working on a farm is in our new Law Bulletin, Youth Labor on the Farm: Laws Farmers Need to Know, available here.

OHIO AG LAW BLOG—Case watch: LEBOR and Lake Erie battles linger

Source: OHIO AG LAW

It’s been a while since we’ve written about the Lake Erie Bill of Rights (LEBOR)! As a refresher, LEBOR was passed in February in a special election as an amendment to Toledo’s city charter.  LEBOR was meant to create new legal rights for Lake Erie, the Lake Erie ecosystem, and to give Toledo citizens the ability to sue to enforce those legal rights against a government or a corporation violating them.  For a longer explanation on LEBOR, see our post here.  Since then, lawsuits for and against LEBOR have been filed, and the state of Ohio has passed legislation concerning the language in LEBOR. Updates on those actions will be discussed below.

Update on the Drewes Farm lawsuit

The day after LEBOR passed, Drewes Farm Partnership initiated a lawsuit in the U.S. District Court for the Northern District of Ohio, Western Division, against the city of Toledo. Our initial blog posts concerning this lawsuit are available here and here.  In May, we discussed updates to the Drewes Farm lawsuit in yet another blog post.  Since our last update, the Lake Erie Ecosystem and TSW’s motion to stay pending appeal and the appeal were both denied, meaning the Sixth Circuit agreed with the district court’s decision to leave the ecosystem and TSW out of the lawsuit.  As a result, the current parties to the lawsuit are plaintiffs Drewes Farm Partnership and the State of Ohio, as well as the defendant City of Toledo.  In early June, both the Drewes Farm Partnership and the state of Ohio filed motions for judgement on the pleadings.  The district court has not yet determined whether to grant the motions; the City of Toledo’s response to the motions is due on August 9, 2019.  After the response is filed, the plaintiffs will have a chance to reply.

Toledo Citizens file lawsuit against State of Ohio Continue reading

Poultry Litter Applications

Source: Glen Arnold, OSU Extension

Stockpiles of poultry litter can be seen in farm fields across Ohio. While common each year in wheat stubble fields, there are also stockpiles showing up in preventative plant fields.

Poultry litter is an excellent source of plant nutrients and readily available in most parts of the state.  Poultry litter can be from laying hens, pullets, broilers, finished turkeys, turkey hens, or poults. Most of the poultry litter in the state comes from laying hens and turkey finishers. Typical nutrient ranges in poultry litter can be from 45 to 57 pounds of nitrogen, 45 to 70 pounds of P2O5, and 45 to 55 pounds of K2O per ton. The typical application rate is two tons per acre which fits nicely with the P2O5 needs of a two-year corn/soybean rotation.

Like all manures, the moisture content of the poultry litter greatly influences the amount of nutrients per ton. Handlers of poultry litter have manure analysis sheets indicating the nutrient content.

Poultry manure for permitted operations needs to follow the Natural Resource Conservation Service 590 standards when being stockpiled prior to spreading. These include:

– 500 feet from neighbors

– 300 feet from streams, grassed waterways, wells, ponds, or tile inlets

– not on occasionally or frequently flooded soils

– stored for not more than eight months

– not located on slopes greater than six percent

– located on soils that are deep to bedrock (greater than 40 inches to bedrock)

Farmers who want to apply the poultry litter delivered to their fields are required by Ohio law to have a fertilizer license, Certified Livestock Manager certificate, or be a Certified Crop Advisor. Check with your local Soil and Water Conservation District for proper setbacks from steams, ditches and wells when applying poultry litter.

No Pigweed Left Behind – Late-Season Scouting for Palmer Amaranth and Waterhemp

Source: Dr. Mark Loux (edited)

Remain vigilant!  We have Palmer and Waterhemp in Knox County!! Now is an excellent time to scout for these weeds, especially in bean fields. If you would like help with identification call John at 740-397-0401.

If you don’t already have to deal with waterhemp or Palmer amaranth, you don’t want it.  Ask anyone who does.  Neither one of these weeds is easy to manage, and both can cause substantial increases in the cost of herbicide programs, which have to be constantly changed to account for the multiple resistance that will develop over time (not “can”, “will”).  The trend across the country is for Palmer and waterhemp to develop resistance to any new herbicide sites of action that are used in POST treatments within about three cycles of use.  Preventing new infestations of these weeds should be of high priority for Ohio growers.  When not adequately controlled, Palmer amaranth can take over a field faster than any other annual weed we deal with, and waterhemp is a close second.  Taking the time to find and remove any Palmer and waterhemp plants from fields in late-season before they produce seed will go a long way toward maintaining the profitability of Ohio farm operations.  There is information on Palmer amaranth and waterhemp identification on most university websites, including ours –  u.osu.edu/osuweeds/ (go to “weeds” and then “Palmer amaranth”).  An excellent brief video on identification can be found there, along with an ID fact sheet.  The dead giveaway for Palmer amaranth as we move into late summer is the long seedhead, and those on female seed-bearing plants are extremely rough to the touch.  We recommend the following as we progress from now through crop harvest: Continue reading