State agriculture, parks and wildlife agencies

Summary

The State agencies in this cluster issued instruments of their own that limited commerce, travel and group meetings in every quarter from 2020 Q2 through 2021 Q3, and every one of them acted under a statute that gave it power over the subject it regulated. Parks and wildlife. In the second quarter of 2020 (with the March 13-31 run-up) the State park and wildlife agencies of at least Texas, Washington, Oregon, California, Hawaii, Maryland, Connecticut, Tennessee, New York, Massachusetts and Alaska closed or curtailed the public lands, campgrounds, boat ramps, hatcheries, visitor centers and concessions they control. Texas Parks and Wildlife closed park headquarters, visitor centers and stores on March 19, closed every State park to the public at the close of business April 7 at the Governor's direction, reopened day use only on April 20 under face-covering, five-person-group and advance-permit conditions, and resumed limited overnight camping on May 18 (Exs. 001-004). Washington's Fish and Wildlife, State Parks and Natural Resources departments closed all State campgrounds from March 23 through April 30, closed all State-managed lands and water access sites on March 24-25 under Proclamation 20-25, closed recreational fishing statewide from midnight March 25, extended every closure to May 4, postponed the spring bear and turkey seasons and the April 25 lowland-lakes opener, reopened State lands on May 5 for local day use only with camping and visitor centers still closed, reopened fishing on May 5 while keeping clam, oyster and mussel harvest and all coastal saltwater fisheries closed and charter and guide operations unapproved, reopened campgrounds only in the 22 Phase 2 counties on June 1, and resumed non-resident fishing licence sales on June 1 after suspending them in late April (Exs. 041-050). Oregon's Department of Fish and Wildlife closed its 33 hatcheries to visitors on March 18, closed recreational hunting, fishing, crabbing and clamming to all non-residents from 11:59 p.m. April 10 until May 5 (clamming and crabbing remained closed to non-residents), and the Parks and Recreation Department closed all campgrounds until limited camping resumed June 9 (Exs. 020-022, 026). California State Parks closed every campground in the system on March 17, closed vehicular access at all 280 State parks on March 29, fully closed additional parks and beaches from April 3 and closed campgrounds again in every region under the Regional Stay at Home Order from December 2020 (Exs. 012-016). Hawaii's DLNR closed all State parks and suspended every commercial ocean and trail tour permit on March 20, and closed all beaches on April 17 under the Fifth Supplementary Proclamation (Exs. 005-006). Maryland's DNR announced under the March 30 stay-at-home order that recreational fishing and boating were prohibited until 7 a.m. May 7 and that no fishing-tournament permits would issue (Exs. 007-008). Connecticut's DEEP, authorized by Executive Order 7R, closed parks that reached capacity, prohibited walk-in entry and picnicking with fines and arrest available, kept capacity limits and face coverings in place in May, closed inland swim areas and opened campgrounds only on July 8 (Exs. 009-011). Tennessee's TDEC closed all 56 State parks April 4-14 under Executive Order 23; New York closed every campground, cabin, cottage, pavilion, playground and athletic court through April 30 and suspended all 2020 reservations; Massachusetts DCR closed visitor centers, campgrounds and rinks; Alaska closed park buildings for the summer (Exs. 027, 029-031). Alaska's Department of Fish and Game told every charter, guide, lodge and commercial fishing operation in June, July and August 2020 that it remained bound by Health Mandates 10 and 17 and the approved protective plans (Exs. 023-025). Agriculture. Oregon OSHA's Administrative Order 2-2020 (April 28, 2020; provisions effective May 11; expiring October 24, 2020) rewrote field sanitation, labor housing and employer-provided transportation for every labor-intensive agricultural operation (six-foot work planning, a social-distancing officer, added toilets and handwashing, bed spacing), and its successor labor-housing rule OAR 437-004-1115 (AO 1-2021, April 30, 2021, amended June 30, 2021) ran to October 24, 2021, so it was in force on every day of the third quarter of 2021 (Exs. 051-055). Washington's Department of Health and Department of Labor and Industries adopted joint emergency rules for licensed temporary worker housing on May 13, 2020 (WAC 246-358-002 and WAC 296-307-16102: education, cloth face coverings, physical distancing in sleeping, cooking and bathing facilities, isolation of cases, a revised management plan within ten days, a fifteen-person group-shelter option and a ban on top bunks) and readopted them on September 10, 2020, January 8, 2021, May 7, 2021 (vaccination revisions) and May 28 / June 1, 2021, so that a version was in force from May 18, 2020 into late September 2021 (Exs. 056-065). Michigan's Department of Health and Human Services ordered baseline and arrival testing of every migrant housing camp resident and every worker of agricultural, meat, poultry, egg and greenhouse employers with more than twenty on site from August 3, 2020 (compliance by August 24; civil penalties under MCL 333.2262), re-issued the order in 2021 and rescinded it July 1, 2021 (Ex. 066; the order itself is Ex. MI-042, re-issue MI-075, rescission MI-078). Fairs. The Ohio Expositions Commission cancelled the 2020 Ohio State Fair on May 21, 2020; the Oregon State Fair Council cancelled the 2020 fair on May 7, 2020 because mass gatherings were prohibited through September; the Minnesota State Agricultural Society, the Iowa State Fair Board and the Kansas State Fair Board cancelled or postponed their 2020 fairs (Exs. 071-075). Lodging. Florida's DBPR Emergency Order 2020-04 (March 27, 2020) unlocked the statutory emergency powers of every condominium, cooperative and homeowners' association (the powers used to close pools, gyms, clubhouses and common areas), tolled timeshare-plan filings, waived harbor-pilot assessments and authorized veterinary telemedicine until DBPR Emergency Order 2020-06 ended most of it on June 1, 2020 (Exs. 091-092); the Florida vacation-rental prohibition of March 27, 2020 was the Governor's Executive Order 20-87 (Ex. FL-016), extended by 20-103 and 20-111 (Exs. FL-020, FL-021) and released county by county under DBPR-approved safety plans from Executive Order 20-123 (Ex. FL-027). The third quarter of 2021 is covered by the Oregon labor-housing rule (to October 24, 2021), the Washington temporary-worker-housing emergency rules (readopted May 28 and June 1, 2021, 120-day life), Hawaii's Safe Travels regime (Exs. HI-024, HI-030) and California's Cal/OSHA ETS as readopted June 17, 2021 (Ex. CA-025), all of which reached agricultural, outfitting and hospitality employers on every day of that quarter.