### Control Area For Gia nt Reed (Cane) Grass Arundo donax in Oregon

603-052-1207
Definitions

As used in OAR 603-052-1207 to 603-052-1212 unless the context re quires otherwise: (1) “Giant reed” or “giant cane grass” means the plant species Arundo donax L. For purposes of this rule the te rm “giant reed” or “giant cane grass” applies to whole plants, plant parts, rhizomes, and seeds. For purposes of this rule, “giant reed” or “gaint cane grass” does not in clude variegated varieties of giant reed as defined in subsection (4) of this section. (2) “Feral” gaint reed means whole plants of the plant species Arundo donax growing outside of permitted production areas or as otherwise inconsistent with this rule. (3) “Special Flood Hazard Area” means an area inundated during the 1% annual flood (also known as 100-year flood) as determined from the January 2011 version of the Flood Insurance Rate Maps of the Federa l Emergency Management Agency (FEMA) available through the Department of Land Conservation and Development at <oregonriskmap.com>. (4) “Variegated varieties of giant reed” means horticultural varieties of Arundo donax with striped or spotted leaves. Variegated varieties may include but are not limited to varieties marketed as “Peppermint Stick”, “Variegata,” and “Golden Chain,” or other ornamental varieties that can be visually distinguished from “gai nt reed” or “giant cane grass.” (5) “Water body” includes lakes, bays, p onds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, we tlands as defined in ORS 196.800(16), inlets, canals, irrigation ditches, drainage ditche s, and all other bodies of surface waters, natural or artificial, inland or coastal, fres h or salt, public or private, which are wholly or partially within or bordering the state or within its jurisdiction.

603-052-1209 Purpose Giant reed, Arundo donax, is a promising bio-energy crop because of its high biomass yield. It is also grown as an ornament al and as a source of reeds for woodwind

instruments. Giant reed is hi ghly invasive in riparian areas in some regions of the United States such as California, Te xas, and Florida. It is th e intent and purpose of OAR 603- 052-1207 to 603-052-1212 to balance goals to develop new agricultural crops and support renewable energy development from agricultural feedstocks while protecting natural resources and preventing the establishmen t of giant reed in riparian areas where it could cause major negative impacts to the natural resources of the State of Oregon.

603-052-1212
Control Area (1) As authorized by ORS 570.405, a statewide cont rol area is established to reduce the risk of uncontrolled spread of giant reed into the environm ent in order to protect the horticultural, agricultural or fo rest industries of the state.

(2) Extent of Control Area: All of the State of Oregon.(3) Commodities Covered: All life stages of giant reed, Arundo donax

.

(4) Prohibited Acts

a. Giant reed is prohibited from being imported, planted, propagated, or grown except as allowed in this rule in sections (5) through (7) below.

b. Giant reed shall not be planted or grow n near water bodies as defined in OAR 603-052-1207(4). Where giant cane is invasive, primary dispersal is by movement of rhizome and stem fragments in floods. To prevent flood dispersal, giant reed must not be planted or grown within the special flood hazard area (100- year flood) of any water body as “special flood hazard area” is defined in OAR 603-052-1207(3). There are no fixed setb ack from bodies of water where the planting or growing of giant reeed is pr ohibited as flood hazard areas vary in width and shape depending on terrain and ot her factors. The prohibition in this subsection applies consistently with th e definition of “special flood hazard area” as this may be determined from the January 2011 FEMA risk map.

(5) Permit Requirements

a. Except as specified in OAR 603-053-1212(7)(b), giant reed shall not be planted or grown in Oregon without a permit from the Oregon Department of Agriculture (ODA).

b. Applications for a permit must be in writing to ODA and include specific locations and detailed maps of the fiel d locations and any water bodies in the vicinity of all proposed field locations. Applications for a permit to produce giant reed must be sent to: Plant Program Area Director, Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97304 or emailed to:

<dhilburn@oda.state.or.us>.

c. ODA will review the applic ation upon its r eceipt and share the application

information with noxious weed control officials in the county(ies) were production of giant reed is gr own or proposed to be grown.

d. ODA may deny an application or may issu e a permit with any conditions as may be necessary to prevent the uncontrolled spread of giant reed or as necessary to protect the horticultural, agricultural or fo rest industries of the state. Conditions that ODA may require include but are not limited to conditions requiring notification to ODA of the dates when gian t reed fields are planted and are taken out of production, annual updates on field locations, or any other precautions related to site-specific risk factors pr esented by a proposed growing location.

e. Any equipment used in giant reed producti on fields must be cleaned free of soil and plant debris prior to leaving production fields.

f. Planting stock from outside of Oregon is prohibited unless it is produced via tissue culture (in vitro). In -state producers of biofuel planting stock are subject to the same requirements as biofuel producers.

g. Conditioning (crushing) and dr ying harvested giant reed pl ant material in the field to reduce cane viability and baling of th e material before transport in covered containers is required.h. ODA may enter into a contract with any person seeking to plant or produce giant reed pursuant to a permit issued by ODA. Any contract may require a permit holder to pay an annual assessment of $2.00 per acre to ODA for the cost of monitoring fields where giant reed is pr oduced under a permit and for surveys of riparian areas in the vicinity of pe rmitted production fields. Monitoring and surveys are necessary to ensure that giant reed has not escaped outside of permitted production areas and is necessary for enforcing the terms of the control

area established in this rule.

(6) Bond; Conditions for Ceasing Production of Giant Reed

a. Any holder of a permit for the production of giant reed for other than ornamental or woodwind reed purposes (see (8) belo w) must post a bond or another form of acceptable collateral of $100/acre up to a maximum of $1,000,000 with the Dapartment of Agriculture. The purpose of the bond is to cover any and all costs

associated with the detection and eradicat ion of giant reed in side or outside of production fields if the Department determin es feral giant reed must be eradicated in order to protect the agricultureal, horticu ltural or forest resour ces of the State. The bond must be in place for the duration of permitted production and remain effective for 2 years afer permitted produciton ceases.

b. The holder of a permit for the production of giant reed that ceases production of giant reed, must completely eradicate giant reed in a manner that prevents unmanaged fields from becoming a sour ce of propagules that could lead to accidental spread of giant reed in the wild.

c. Any holder of a permit issued by ODA must monitor any and all areas upon which giant reed was produced under a permit for at leas t two years after production ceases to ensure that all giant reed plants are killed and any source of propagules are eradicated. ODA may require additiona l monitoring time as it determines is necessary to assure complete eradication of giant reed from areas permitted for production.

d. Any and all costs associated with eradicaiton of gian t reed in production fields and adjacent property owned or contro lled by the producer after production has ceased is the responsibility of the permit holder.

e. Oregon State University Research and Extension Certers are exempt from sections (5)(h) and (6)(a) of this rule fo r the purpose of allowing research related to giant reed produc tion and control.

(7) Conditions for Ornamental and Woodwind Reed Plantings

Giant reed has been used as an ornamental plant in Oregon for many years. It is also grown as a source for woodwind reeds. Or namental or woodwind reed plantings could result in feral populations. In orde r to lower the risk of ornamental or woodwind reed plants becoming feral, giant reed is being phased out of the nursery trade. Variegated varieties such as “P eppermint Stick,” “Variegata,” and “Golden Chain,” may continue to be grown and sold in Oregon unless ODA and State Weed Board list giant reed as a noxious weed. Va riegated varieties are less hardy and less likely to become invasive.(a) After December 31, 2013, only variegated variti es of giant reed may be sold in Oregon for ornamental or woodwind reed purposes. (b) A permit is not required for ornamental or woodwind reed plantings of variegated varieties of giant reed to taling less than 1⁄4 acre. (c) Ornamental and woodwind reed plantings of giant reed existing before these rules were adopted will not be considered fera l unless they are in Special Flood Hazard Areas or the ODA determines such popul ations are becoming invasive. Any plantings of giant reed or variegated va rieties of giant reed over 1⁄4 acres are subject to the permitting require ments in OAR 603-052-1212(5). (d) If the ODA and the State Weed Board dete rmine giant reed is a noxious weed, all ornamental and non-permited uses of giant reed shall terminate.

(8) Eradication and Control of Giant Reed

a. Except as stated in (7) above, ODA considers giant reed plants detected outside of permitted production fields as feral plants which shall be eradicated or controlled.

b. Any person owning or occupying property upon which feral giant reed is detected

must contact the ODA within 48 hours of detection.

c. Upon detection of feral giant reed, ODA may develop a survey, eradication, and monitoring plan to control or eradicate det ected feral giant reed. Consistent with its authorities, ODA may develop and conduct appropriate measures to control or eradicate feral giant reed, may enter into a contract for the purpose of controlling or eradicating feral giant reed, or take any measures necessary to control or eradicate feral giant reed consistent with law.

d. Control or eradication of feral giant r eed may be implemented at no cost to a person owning or controlling land within th is state upon which feral giant reed is detected. However, ODA may request any person owning or controlling land within this state to control, prevent the spread of, or eradicate feral giant reed, subject to supervision of such activities by ODA.

e. If ODA is unable to control or eradicate feral giant reed on pr ivate property, then consistent with the provision of ORS 570.405(2), any person owning or controlling land within this state must take measures to eliminate or prevent the possibility of spread of fe ral giant reed to other lands and ownerships. Control measures for feral giant reed must be implemented in a timely manner as determined by ODA. Treatments must provi de sufficient levels of control to make progress toward the goal of eradication.

(9) Review Before December 31, 2022, the Department will conduct a thorough review of the effectivness and necessity for this rule. If by that date giant reed has not been declared a noxious weed by ODA and th e State Weed Board, the bond/collateral requirement (6)(a) sunsets unless specifical ly extended via amendment to this rule.