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RULES and REGULATIONS Nia Vulnerable) As a Vulnerable Plant 4077 RULES AND REGULATIONS nia Vulnerable) as a vulnerable plant. Ginseng is a forest Title 17—CONSERVATION plant that is native to the eastern half of the United States and Canada. Parts of the ginseng plant, particu- AND NATURAL larly its root, are valued for their therapeutic qualities and have been traded commercially, both domestically RESOURCES and internationally, for centuries. DEPARTMENT OF CONSERVATION AND NATURAL Under the WRCA, the Department is responsible for RESOURCES the protection and management of native wild plants. With respect to vulnerable plants, section 9 of the WRCA [ 17 PA. CODE CH. 45 ] (32 P. S. § 5309) provides as follows: Conservation of Pennsylvania Native Wild Plants (a) Species classified as vulnerable shall be subject to the following restrictions: The Department of Conservation and Natural Re- (1) The [Department] upon designation of vulnerable sources (Department) adopts amendments to Chapter 45 species shall establish regulations over the digging, (relating to conservation of Pennsylvania native wild harvesting, sale and exploitation of said species. plants). The final-form rulemaking moves the beginning of the ginseng harvest season from August 1 to Septem- (2) The regulations shall: ber 1 in § 45.69 (relating to vulnerable plant harvest (i) consider the distribution, abundance, economic seasons and conditions). In addition, in describing mature value, growing and reproduction cycle; ginseng plants, the final-form rulemaking corrects refer- ence to ‘‘seeds’’ by replacing this term with ‘‘berries.’’ (ii) establish seasons for the digging and harvesting of plants or plant parts; and A. Effective Date (iii) provide for the commercial licensing of persons This final-form rulemaking will be effective upon publi- who buy with the intent to sell vulnerable plants cation in the Pennsylvania Bulletin. within the Commonwealth or export said plants B. Contact Persons therefrom and to require the licensees to maintain For further information, contact Rebecca H. Bowen, records of their transactions. Chief, Ecological Services Section, Bureau of Forestry, (3) The [Department] shall establish the license fee. Department of Conservation and Natural Resources, P. O. Under section 9(a)(1) of the WRCA, the Department Box 8552, Harrisburg, PA 17105-8552, (717) 787-3444. has promulgated regulations ‘‘over the digging, harvest- Persons with a disability may use (800) 654-5984 (TTY). ing, sale and exploitation’’ of vulnerable plants. These This final-form rulemaking is posted on the Depart- regulations in Subchapter E (relating to vulnerable ment’s web site at http://www.dcnr.state.pa.us/forestry/ plants) require persons who buy, trade or barter vulner- plants/vulnerableplants/ginseng/index.htm. able plants with the intent to sell them in, or export them C. Statutory Authority from, this Commonwealth to obtain a commercial license from the Department. The regulations require licensees to This final-form rulemaking is made under the authority submit to the Department records of transactions includ- of section 7 of the Wild Resource Conservation Act ing information about the licensee’s purchase of the (WRCA) (32 P. S. § 5307) and sections 305 and 313 of the plants, sale of the plants, county of origin of the plants, Conservation and Natural Resources Act (CNRA) (71 P. S. form of plants (for example, whole plant, root or seeds), §§ 1340.305 and 1340.313). year of harvest, weight of the plants, destination and date It should be noted that the Department of Environmen- of export and whether the plants are wild or cultivated. tal Resources was assigned to administer the WRCA. In addition to covering vulnerable plants in general, the Subsequently, section 305(a)(9) of the CNRA transferred Department’s regulations establish special requirements this authority to the Department. for ginseng plants. These are a result of an international D. Background and Purpose trade agreement known as the Convention on Interna- tional Trade in Endangered Species of Wild Fauna and Statutory and regulatory framework Flora of 1973 (CITES) signed by the United States and The WRCA was enacted in 1982 to enhance the protec- many other countries, administered in the United States tion of native wild plants and nongame animals in this by the United States Fish and Wildlife Service Commonwealth. Under the WRCA, the Department estab- (USFWS). See http://www.cites.org/ and http://www.fws. lished a classification system for native wild plants in gov/international/plants/american-ginseng.html. The rela- Chapter 45. The classifications, such as extirpated, en- tionship between the Department’s ginseng harvesting dangered, rare, threatened and vulnerable, are defined in regulation and CITES is discussed as follows. § 45.2 (relating to definitions). The lists of species within Purposes of this Final-Form Rulemaking each classification are in Subchapter B (relating to classi- fied plants). Section 45.69 addresses certain activities regarding the harvest of vulnerable plants in general and ginseng in Vulnerable plants are defined in § 45.2 as plant species particular. This section establishes a harvest season for ‘‘which are in danger of population decline within this ginseng that runs from September 1 to November 30 and Commonwealth because of their beauty, economic value, prohibits the possession of harvested green ginseng roots use as a cultivar or other factors which indicate that between April 1 and the start of harvest season. This persons may seek to remove these species from their final-form rulemaking moves the start of harvest season native habitats.’’ Ginseng (Panax quinquefolius) is one of forward by 1 month to September 1 and, consistent with the three species listed in § 45.15 (relating to Pennsylva- this change, prohibits possessing harvested green roots PENNSYLVANIA BULLETIN, VOL. 43, NO. 29, JULY 20, 2013 4078 RULES AND REGULATIONS between April 1 and September 1. The amendments also The USFWS made it clear to the Department that correct the terminology in § 45.69(a)(2) for the ginseng unless the change in harvest season is adopted soon, the berry. USFWS will be unable to make a ‘‘non-detriment’’ finding Harvest date under CITES with regard to the harvesting of ginseng in this Commonwealth. Copies of correspondence from the The intent of § 45.69(a) is to ensure the sustainability USFWS are available from the Bureau of Forestry. The of ginseng. It takes a ginseng plant at least 5 years to absence of a nondetriment finding would mean that the mature. Ginseng seeds have the best chance of producing USFWS would cease issuing export permits for ginseng new plants if they come from a mature plant and are harvested in this Commonwealth. See the USFWS 2012 planted near the site of the harvested plant. Section findings report on ginseng at http://www.dcnr.state.pa.us/ 45.69(a), therefore, allows only mature plants to be cs/groups/public/documents/document/dcnr_20026618.pdf. harvested and requires that the seeds of these plants be Adopting the USFWS’s recommendation of a September 1 planted in the immediate vicinity of the collection site. To harvest date brings this Commonwealth in line with ensure that only mature plants are harvested, § 45.69(a) nearly all of the ginseng-exporting states surrounding puts collectors on notice of the physical characteristics of Pennsylvania. a mature ginseng plant—it has at least three leaves of This Commonwealth was the only ginseng-exporting five leaflets each and red berries. In addition, this section state with a harvest season date as early as August 1. prohibits collection of the plant before the start of the Variations in the yearly growing seasons and growing harvest season as defined in the section. Therefore, to conditions in different parts of this Commonwealth could comply with the Department’s ginseng harvesting re- cause ginseng berries to turn red slightly before or quirements, a collector may harvest ginseng plants only slightly after September 1. However, as is recognized by if: 1) they have at least three leaves of five leaflets each; harvesters, dealers and botanical researchers in this 2) they have red seeds (berries); 3) they are collected Commonwealth, the clear trend in Pennsylvania and during harvest season; and 4) their seeds are planted in surrounding states is for berries to be red by September the immediate vicinity of the collection site. 1. The purpose of this final-form rulemaking is to move It should be noted that the export of another species of the start date of the ginseng harvest season from August plant classified in Chapter 45 as vulnerable, Golden-Seal 1 to September 1. There is general agreement within both (Hydrastis Canadensis), is also subject to regulation by the scientific community and the ginseng industry that CITES as administered by the USFWS. However, unlike an August 1 start date is too early to ensure that ginseng ginseng, specific harvest season dates are not required for plants that meet the description of mature plants in this species. terms of their leaves and berries are fully mature and can safely be harvested without threatening the survival of Correction of terminology the ginseng population. Section 45.69(a)(2) formerly stated as follows regarding The harvesting of ginseng plants in ginseng-exporting the harvesting of ginseng plants: ‘‘Only mature ginseng states, such as this Commonwealth, is subject to special plants with at least three leaves of five leaflets each may restrictions imposed by the USFWS. The USFWS’s in- be harvested and only when the seeds are red.’’ Emphasis volvement is due to the regulation of the export of added. ginseng from the United States by CITES. The purpose of This final-form rulemaking replaces ‘‘seeds’’ with the CITES is to monitor and regulate the international trade correct term ‘‘berries.’’ The reason for this amendment is of certain plant and animal species to prevent detrimen- to distinguish between seeds and berries.
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