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Oregon Bulletin

May 1, 2011

Department of Agriculture
Chapter 603

  • Rule Caption: Creates Control Area for Arundo donax in Morrow and Umatilla Counties.
  • Adm. Order No.: DOA 8-2011(Temp)
  • Filed with Sec. of State: 3-17-2011
  • Certified to be Effective: 3-17-11 thru 9-13-11
  • Notice Publication Date:
  • Rules Adopted: 603-052-1207, 603-052-1212, 603-052-1215
  • Subject: Giant reed grass, Arundo donax, is a promising bio-energy crop but it can also be highly invasive. This regulation would allow for up to 400 acres of giant reed grass to be grown in Morrow and Umatilla Counties. Planting stock would have to be free of soil and accompanied by a phytosanitary certificate. Planting within mile of water bodies would be prohibited. Surveys for feral plants would be required and the contractor would have to post a bond of $1,000,000 to cover eradication if the crop escapes. This temporary rule is necessary because PGE has contracted for planting stock to begin arriving in Morrow County on March 19, 2011. ODA believes it is in the public interest to restrict the plantings and minimize the risk of Arunda donax becoming a noxious weed.
  • Rules Coordinator: Sue Gooch—(503) 986-4583
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  • 603-052-1207
  • Definitions
  • As used in OAR 603-052-1207 to 603-052-1215 unless the context requires otherwise:
  • (1) “Giant Reed” or “Giant Cane Grass” means all parts of the plant species classified as Arundo donax L.
  • (2) “One hundred year flood plain of the Columbia River” means an area designated as a 100-year floodplain on the 2011 map of the Federal Emergency Management Agency (FEMA).
  • (3) State and County Noxious Weed Officials means Oregon Department of Agriculture Noxious Weed Program Manager and County Weed Supervisors.
  • (4) “Water” or “waters of the state” includes lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, wetlands as defined in ORS 196.800(16), inlets, canals, irrigation ditches, drainage ditches, and all other bodies of surface waters, natural or artificial, inland or coastal, fresh or salt, public or private, which are wholly or partially within or bordering the state or within its jurisdiction.
  • Stat. Auth.: ORS 561.190 & 570.405
  • Stats. Implemented: ORS 570.405
  • Hist.: DOA 8-2011(Temp), f. & cert. ef. 3-17-11 thru 9-13-11
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  • 603-052-1212
  • Intent, Purpose, and Evaluation of Field Trials
  • (1) Giant Reed (cane) grass, Arundo donax, is a promising bio-energy crop because of its very high biomass yield. It also is highly invasive in southern latitudes of the United States such as California, Texas, and Florida. It is the intent and purpose of OAR 603-052-1207 to 603-052-1215 to balance goals to develop new agricultural products and support renewable energy development from agricultural feedstocks while protecting natural resources and preventing the establishment of Giant Reed in riparian areas and the Columbia River system where, if Giant Reed were to become established, it could cause major negative impacts to the natural resources of the State of Oregon.
  • (2) The control area described in OAR 603-052-1207 to 603-052-1215 allows growth of Giant Reed only as provided in these rules to provide biomass for a test burn at the Portland General Electric Boardman Power Plant in 2012 or 2013. Additional research on cropping systems and control, as well as invasiveness assessments of Giant Reed, will also be conducted. This control area will be reevaluated before the end of 2013, based on data gathered from field trials and other sources, prior to reauthorization of the trial acreage or approval of any additional production acres.
  • Stat. Auth.: ORS 561.190 & 570.405
  • Stats. Implemented: ORS 570.405
  • Hist.: DOA 8-2011(Temp), f. & cert. ef. 3-17-11 thru 9-13-11
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  • 603-052-1215
  • Control Area
  • (1) As authorized by ORS 570.405, a control area is established in Morrow and Umatilla Counties to implement mitigation measures to reduce the risk of Giant Reed, spreading beyond production areas where Giant Reed is being produced for bio-fuel.
  • (2) Extent of Control Area: all of Morrow and Umatilla Counties.
  • (3) Commodities Covered: Giant Reed or Giant Cane Grass.
  • (4) Acreage Limit: A maximum total of 400 acres may be allowed for the planting and growth of Giant Reed.
  • (5) Prohibited Acts:
  • (a) Giant Reed is prohibited from being planted or grown within the one hundred year flood plain of the Columbia River or its tributaries.
  • (b) Giant Reed is prohibited from being planted or grown within one-quarter mile of any water or waters of the state.
  • (c) The Oregon State University Hermiston Research and Extension Center is exempted from the prohibition in subsections (a) and (b) of this section for the sole purpose of allowing research on Giant Reed at the Oregon State University Hersmiston Research and Extension Center.
  • (6) Conditions of Planting and Growth:
  • (a) All contractors and persons growing Giant Reed shall provide to the Oregon Department of Agriculture and to county noxious weed control officials the specific locations, including maps, of all fields in Morrow or Umatilla Counties where Giant Reed is planted or grown.
  • (b) Any equipment used in Giant Reed production fields must be cleaned free of soil and plant debris prior to removal from the production field.
  • (c) Root mass and rhizome material for establishing Giant Reed fields will be transported in closed containers to prevent establishment of wild infestations. Planting stock from out of state must be free of soil and must be accompanied by a phytosanitary certificate indicating that the stock has been inspected and found free of soil and harmful pests, diseases and weeds. Containers must be thoroughly cleaned to remove soil and plant debris or discarded in a manner that prevents pest/weed introduction.
  • (d) Giant reed biomass shall be transported in either covered trucks or rail cars to prevent leaves and canes from being lost during transport. Trucks or rail cars must be thoroughly cleaned to remove soil and plant debris after delivering their loads.
  • (e) Drying Giant Reed plant material in the field and baling of the material before transport, to prevent canes from being viable, is strongly encouraged.
  • (f) Any contractor contracting for the growth of Giant Reed grass or any growers of Giant Reed grass must work with State and County noxious weed officials to develop and implement any necessary surveys or other monitoring to detect the establishment of Giant Reed in any areas outside of fields where Giant Reed is planted or grown.
  • (g) Any contractor contracting for the growth of Giant Reed or any growers of Giant Reed must work with State and County noxious weed officials to develop and implement any necessary treatment plans to eradicate escaped or feral Giant Reed.
  • (h) Any and all expenses for the activities described in sections (f) and (g) shall be the responsibility of the contractor.
  • (i) Any contractor contracting for Giant Reed production shall cooperate with State and County noxious weed officials to perform annual detection surveys during the growing season to detect escaped or feral Giant Reed in “at-risk habitats” near giant reed grass production fields as identified by the Oregon Department of Agriculture or by County noxious weed officials. Annual surveys shall continue indefinitely in and around any and all active production and research sites where Giant Reed has been planted or grown. Escaped plants must be eradicated as soon as practically possible.
  • (j) Giant Reed in fields taken out of production must be eradicated so that unmanaged fields do not become a source of propagules that could lead to accidental spread of Giant Reed in the wild. Any and all expenses for the activities conducted pursuant to this subsection, including eradication and monitoring, shall be the responsibility of the contractor.
  • (7) Bond: Any contractor for the planting and growth of Giant Reed must post a bond of $1,000,000 with the Department of Agriculture for the purpose of covering any and all costs associated with the eradication of Giant Reed either in fields where Giant Reed is grown or in any areas other than fields where Giant Reed is grown if the Department determines it is a noxious weed and must be eradicated in order to protect the agricultural or natural resources of the State. The bond must be in place for the duration of the trial plantings and three years beyond removal of the fields if the trial is terminated. In the event of ongoing production on a larger scale, a proportionally larger bond may be required.
  • Stat. Auth.: ORS 561.190 & 570.405
  • Stats. Implemented: ORS 570.405
  • Hist.: DOA 8-2011(Temp), f. & cert. ef. 3-17-11 thru 9-13-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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