Subject: Katy's Decision on Proposed Amendment to Canola Rules Date: May 20, 2009 To: Advisory Committee Members and other Interested Parties From: Katy Coba, Director Subject: Willamette Valley Canola Rules Five months ago I pulled together a committee to review our canola regulations. When the rules were adopted in 2005 we were missing key information about the extent of specialty seed and vegetable production, and the importance of canola pests, diseases, and volunteers in Oregon. Thanks to a team of experts from OSU, we now have much better information and we’re able to revise the canola administrative rules based on research results and our experience over the past few years. The committee worked hard and I applaud them for exploring all possible win- win solutions. Unfortunately, they didn’t reach a consensus; there are still differences of opinion on whether canola can co-exist with other crops in the Willamette Valley. The committee put two competing recommendations forward and both have merit. I can tell considerable thought went into them. There are many issues to consider when making a decision about whether to limit canola production in the Willamette Valley. Included in these considerations are: 1. The appropriate use of the Oregon Department of Agriculture’s control district authority as relates to pests and diseases. 2. The unique growing characteristics of the Willamette Valley which are conducive to specialty seed production. 3. The number of fresh vegetable operations, including smaller farm operations whose markets include local buyers, all of which could be negatively impacted by canola pests and diseases. 4. The opportunity to grow canola in many other regions in Oregon. For many reasons, including those outlined above and after careful consideration, I have chosen Option 3.5 which limits the production of canola within the Willamette Valley. Implementation of this option will be proposed through the regular rule-making process this summer. There will be additional opportunity for public comment during that process. The proposed option for the Willamette Valley includes: 1.) Boundaries of the Willamette Valley Protected District collapsed to a rectangle covering the historical specialty seed/ vegetable production area. 2.) Special permits limited to research 3.) Rule review again in three years. In addition, I’m asking that the Willamette Valley Specialty Seed Association (WVSSA) to transition to the electronic pinning system designed by OSU. This will involve an ongoing financial commitment by WVSSA to manage the system. A modern system of electronic pinning will allow multiple years of pinning history to be viewed at a glance and it will allow registered users to pin from their office computer. It should be beneficial in many ways to both users and regulators. I’m also asking the specialty seed and vegetable industries to support efforts to find alternative crops for grass seed growers who need profitable broadleaf alternatives in their rotations. I’d be remiss if I didn’t offer sincere thanks to the committee members (Craig Armbrust, Tomas Endicott, Katie Fast, Skip Gray, Dan Hilburn, Russ Karow, Mark Mellbye, Ed Montecucco, and Scott Setniker) who endured five months of presentations and discussions. Thank you also to the team of OSU researchers (Tom Chastain, Amy Dreves, Darryl Ehrinsing, Mike Halbleib, Bill Jaeger, Russ Karow, Jim Myers, Carol Mallory Smith, and Cindy Ocamb) and their graduate students for investigating the difficult questions and providing new information. Finally, thank you to the members of the public and affected industries who provided valuable input throughout the process. Attached is a copy of draft rule language and a powerpoint map showing the new proposed Willamette Valley protected district boundaries. Let me know if you find any errors or have suggestions or questions. We're on track to submit the notice of proposed rulemaking to the Secretary of State by June 15th. Thank you. Dan Hilburn