Control Area For Giant 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 requires
otherwise:

 “Giant reed” or “giant cane grass” means the plant species
Arundo donax L.  For purposes of this rule the term “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 include variegated varieties of giant reed as defined
in subsection (4) of this section.

“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.

 “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 Federal
Emergency Management Agency (FEMA) available through the Department of
Land Conservation and Development at <oregonriskmap.com>. 

 “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 “gaint reed” or
“giant cane grass.”

“Water body” 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.

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 ornamental and as a source
of reeds for woodwind instruments.  Giant reed is highly invasive in
riparian areas in some regions of the United States such as California,
Texas, and Florida.  It is the 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 establishment 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 

As authorized by ORS 570.405, a statewide control area is established to
reduce the risk of uncontrolled spread of giant reed into the
environment in order to protect the horticultural, agricultural or
forest industries of the state.

Extent of Control Area: All of the State of Oregon. 

Commodities Covered: All life stages of giant reed, Arundo donax.

Prohibited Acts

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

Giant reed shall not be planted or grown 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
setback from bodies of water where the planting or growing of giant
reeed is prohibited as flood hazard areas vary in width and shape
depending on terrain and other factors.  The prohibition in this
subsection applies consistently with the definition of “special flood
hazard area” as this may be determined from the January 2011 FEMA risk
map.

Permit Requirements

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).

Applications for a permit must be in writing to ODA and include specific
locations and detailed maps of the field 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>.

ODA will review the application upon its receipt and share the
application information with noxious weed control officials in the
county(ies) were production of giant reed is grown or proposed to be
grown.

ODA may deny an application or may issue 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 forest
industries of the state.  Conditions that ODA may require include but
are not limited to conditions requiring notification to ODA of the dates
when giant 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 presented by a proposed growing location.  

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

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.

Conditioning (crushing) and drying harvested giant reed plant material
in the field to reduce cane viability and baling of the material before
transport in covered containers is required.

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 produced under
a permit and for surveys of riparian areas in the vicinity of permitted
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

Any holder of a permit for the production of giant reed for other than
ornamental or woodwind reed purposes (see (8) below) 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
eradication of giant reed inside or outside of production fields if the
Department determines feral giant reed must be eradicated in order to
protect the agricultureal, horticultural or forest resources 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.

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 source of
propagules that could lead to accidental spread of giant reed in the
wild.

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 least two years
after production ceases to ensure that all giant reed plants are killed
and any source of propagules are eradicated.  ODA may require additional
monitoring time as it determines is necessary to assure complete
eradication of giant reed from areas permitted for production.

Any and all costs associated with eradicaiton of giant reed in
production fields and adjacent property owned or controlled by the
producer after production has ceased is the responsibility of the permit
holder.

Oregon State University Research and Extension Certers are exempt from
sections (5)(h) and (6)(a) of this rule for the purpose of allowing
research related to giant reed production 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. Ornamental or
woodwind reed plantings could result in feral populations.  In order 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 “Peppermint 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.  Variegated
varieties are less hardy and less likely to become invasive.

After December 31, 2013, only variegated varities of giant reed may be
sold in Oregon for ornamental or woodwind reed purposes.

A permit is not required for ornamental or woodwind reed plantings of
variegated varieties of giant reed totaling less than ¼ acre. 

Ornamental and woodwind reed plantings of giant reed existing before
these rules were adopted will not be considered feral unless they are in
Special Flood Hazard Areas or the ODA determines such populations are
becoming invasive.  Any plantings of giant reed or variegated varieties
of giant reed over ¼ acres are subject to the permitting requirements
in OAR 603-052-1212(5). 

If the ODA and the State Weed Board determine giant reed is a noxious
weed, all ornamental and non-permited uses of giant reed shall
terminate.

 

(8) Eradication and Control of Giant Reed

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.

Any person owning or occupying property upon which feral giant reed is
detected must contact the ODA within 48 hours of detection.

Upon detection of feral giant reed, ODA may develop a survey,
eradication, and monitoring plan to control or eradicate detected 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.

Control or eradication of feral giant reed may be implemented at no cost
to a person owning or controlling land within this 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.

If ODA is unable to control or eradicate feral giant reed on private
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 feral 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
provide 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 the State Weed
Board, the bond/collateral requirement (6)(a) sunsets unless
specifically extended via amendment to this rule.

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