To require written landowner permission to harvest ginseng, change method to determine maturity of plants, streamline reporting.
Text of proposed rule:
Title 6 NYCRR Section 193.5 is amended to read as follows:
Section 193.5 Collection, sale and conservation of American ginseng in New York [ginseng].
Subdivision (a) remains the same.
Subdivision (b) is amended to read as follows:
(b) Maturity
(1) [Only][w] Wild ginseng plants [with at least three five-leaflet leaves (prongs)] may be collected only if they are a minimum of five years old. The age of the plant shall be determined by counting the number of stem scars on the rhizome (also known as root neck) of the plant. A five year old ginseng plant will have four stem scars on the rhizome.
Paragraphs (2) and (3) remain unchanged.
A new subdivision (c) is adopted to read as follows:
(c) Landowner permission.
(1) Ginseng may be harvested only by the landowner or with written permission of the landowner.
(2) No ginseng may be harvested from lands administered by the Department of Environmental Conservation without a temporary revocable permit. Permits will only be issued for academic or scientific research.
Title 6 NYCRR Section 193.7 is amended to read as follows:
Section 193.7 Ginseng dealers.
Subdivisions (a), (c), (d) and (e) remain unchanged.
Subdivision (c) is amended to read as follows:
(c) Reports. Dealers must report all ginseng commerce to the department every [90 days] year. Reports are due on [April 15th, July 15th, October 15th and] January 15th. Reports must be made on forms furnished by the department and will cover the dealer’s commercial ginseng activity for the previous calendar [quarter, except for the January report which will cover the previous calendar] year.
Text of proposed rule and any required statements and analyses may be obtained from:
Jason Denham, Division of Lands and Forests, 625 Broadway, Albany, NY 12233, (518) 402-9425, email: jpdenham@gw.dec.state.ny
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
Consensus Rule Making Determination
1.B. The purposes of the proposed amendment are to (1) reduce and streamline reporting requirements on ginseng dealers in New York State, (2) reiterate that landowner permission is required, under the Protected Native Plants regulation, Part 193.3 (e), to harvest ginseng and specify harvesters obtain permission in writing, and (3) change the way the age of ginseng plants shall be determined in order to better ensure harvested ginseng meets the existing 5-year old requirement for export under Federal regulations (US Fish & Wildlife Service and CITES, the Convention on International Trade in Endangered Species of Wild Fauna and Flora.)
Under the proposed amendment, dealers will now only be required to report their ginseng commerce once per year, instead of every 90 days, as currently required, saving time and expense. Ginseng is already listed as a “protected native plant” under Part 193.3, and landowner permission to harvest is already required by that Section. The amendment simply re-states this existing requirement, for clarity, in the specific ginseng regulation (Part 193.5) and specifies the permission be in writing, to protect harvesters, landowners and dealers. The current, Federally-mandated, legal age for harvesting ginseng of 5 years is not being changed. The amended method (approved by the US Fish & Wildlife Service) for determining the plant’s age has proven to be a more reliable indicator of plant age, and is as simple to apply for harvesters in the field, and dealers, as the former method. The Department has discussed these proposed changes with NY ginseng dealers, harvesters, ginseng experts at Cornell Cooperative Extension and protected plant experts with The Natural Heritage program and has received their concurrence. Because the proposed regulatory revisions are minor in nature and non-controversial, this amendment will be proposed as a consensus rulemaking.
Job Impact Statement
A Job Impact Statement is not submitted with this proposal because the proposal will have no substantial adverse impact on existing or future jobs and employment opportunities. The Department is proposing to amend the current ginseng regulation to require written landowner permission to harvest ginseng, change the way the age of ginseng plants that may be legally harvested is determined, and streamline the reporting requirements of ginseng dealers in New York State.
