People and Plants International People and Plants International CONSERVAT I O N S E R I ES Governance Wild Product CONSERVAT I O N S E R I ES ‘This timely book does a terrific job of providing a image © Nigel Dickinson / Still Pictures Cover context for improving policies related to the harvest and trade of wild resources. What are the major issues, what works, what clearly doesn’t work, and what are the best alternatives? There is a lot to absorb – and hopefully apply – here. The editors are to be congratulated for assembling such a thoughtful and informative collection of papers.’ Charles M. Peters, Kate E. Tode Curator Wild Product of Botany, The New York Botanical Garden ‘It is high time to move from anecdotes and eclectic studies on NTFPs to democratic and sustainable plans that foster diverse livelihoods and new relationships to nature. Governance In an exciting work of truly global scope – drawing on experiences from Mexico to India – Laird, McLain and Wynberg have done just that, assembling readable and cutting-edge proposals, which link grounded cases with general principles to fundamentally rethink the rules that govern forests around the world.’ Finding Policies that Work for Paul Robbins, Professor and Head, School of Geography and Development, University of Arizona, USA Non-Timber Forest Products roducts from the wild, also known as non-timber forest products (NTFPs), are used as medicines, foods, spices and for a multitude of other purposes. They contribute Psubstantially to rural livelihoods, generate revenue for companies and governments, and have a range of impacts on biodiversity conservation. However, throughout the world NTFPs have been both overlooked and poorly regulated by governments. Inappropriate policies have not only led to overexploitation but have also generated new forms of inequity. This book reviews these experiences and aims to provide information to support new policy approaches towards NTFP regulation and the broader issues of governance associated with these products. The volume includes cases from around the world, a review of literature and resources, and an annotated bibliography linked to the People Rebecca McLain and and McLain Rebecca and Plants International website. Wynberg P. Rachel Sarah A. Laird, Laird, A. Sarah Sarah A. Laird is the Co-Director of People and Plants International and its Policy and Trade Programme. Rebecca J. McLain is Co-Director of the Institute for Culture and by Edited Ecology, in Portland, Oregon, USA. Rachel P. Wynberg is a Senior Researcher, based at the Environmental Evaluation Unit, University of Cape Town, South Africa. publishing for a sustainable future www.earthscan.co.uk publishing for a sustainable future www.earthscan.co.uk Earthscan strives to minimize its impact on the environment Natural Resource Management / ConserVation / Law Edited by Sarah A. Laird, Rebecca J. McLain and Rachel P. Wynberg Wild Product Governance Wild Product Governance Finding Policies that Work for Non-timber Forest Products Edited by Sarah A. Laird, Rebecca J. McLain and Rachel P. Wynberg publishing for a sustainable future London • Washington, DC First published in 2010 by Earthscan Copyright © Sarah A. Laird, Rebecca J. McLain and Rachel P. Wynberg, 2010 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as expressly permitted by law, without the prior, written permission of the publisher Earthscan Ltd, Dunstan House, 14a St Cross Street, London EC1N 8XA, UK Earthscan LLC, 1616 P Street, NW, Washington, DC 20036, USA Earthscan publishes in association with the International Institute for Environment and Development For more information on Earthscan publications, see www.earthscan.co.uk or write to [email protected] ISBN: 978-1-84407-500-3 hardback Typeset by Composition and Design services Cover design by Susanne Harris A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Wild product governance: finding policies that work for non-timber forest products/edited by Sarah A. Laird, Rebecca McLain, and Rachel P. Wynberg. p. cm. Includes bibliographical references and index. ISBN 978-1-84407-560-3 (hardback) 1. Non-timber forest products–Government policy. 2. Non-timber forest resources– Management. I. Laird, Sarah A. II. McLain, Rebecca J. (Rebecca Jean) III. Wynberg, Rachel. SD543.W55 2010 338.1’74980973–dc22 2009053715 At Earthscan we strive to minimize our environmental impacts and carbon footprint through reducing waste, recycling and offsetting our CO2 emissions, including those created through publication of this book. For more details of our environmental policy, see www.earthscan.co.uk. Printed and bound in the UK by The Cromwell Press Group. The paper used is FSC certified. Contents List of Figures, Tables and Boxes ix About the Contributors xiii Acknowledgements xxi Foreword by J. E. Michael Arnold xxiii List of Acronyms and Abbreviations xxv Introduction 1 Sarah A. Laird, Rebecca J. McLain and Rachel P. Wynberg Chapter 1 Changing Policy Trends in the Emergence of Bolivia’s Brazil Nut Sector 15 Peter Cronkleton and Pablo Pacheco Case Study A In Search of Regulations to Promote the Sustainable Use of NTFPs in Brazil 43 Marina Pinheiro Klüppel, Júlio César Raposo Ferreira, José Humberto Chaves and Antônio Carlos Hummel Chapter 2 Integrating Customary and Statutory Systems: The Struggle to Develop a Legal and Policy Framework for NTFPs in Cameroon 53 Sarah A. Laird, Verina Ingram, Abdon Awono, Ousseynou Ndoye, Terry Sunderland, Estherine Lisinge Fotabong and Robert Nkuinkeu Case Study B Policies for Gnetum spp. Trade in Cameroon: Overcoming Constraints that Reduce Benefits and Discourage Sustainability 71 Ousseynou Ndoye and Abdon Awono Case Study C Regulatory Issues for Bush Mango (Irvingia spp.) Trade in South-west Cameroon and South-east Nigeria 77 Terry Sunderland, Stella Asaha, Michael Balinga and Okon Isoni Chapter 3 NTFPs in India: Rhetoric and Reality 85 Sharachchandra Lele, Manoj Pattanaik and Nitin D. Rai Chapter 4 Policy Gaps and Invisible Elbows: NTFPs in British Columbia 113 Darcy A. Mitchell, Sinclair Tedder, Tim Brigham, Wendy Cocksedge and Tom Hobby Chapter 5 NTFPs in Scotland: Changing Attitudes to Access Rights in a Reforesting Land 135 Alison Dyke and Marla Emery vi WILD PRODUCT GOVERNANCE Chapter 6 From Barter Trade to Brad Pitt’s Bed: NTFPs and Ancestral Domains in the Philippines 155 Yasmin D. Arquiza, Maria Cristina S. Guerrero, Augusto B. Gatmaytan and Arlynn C. Aquino Chapter 7 From Indigenous Customary Practices to Policy Interventions: The Ecological and Sociocultural Underpinnings of the Non-timber Forest Trade on Palawan Island, the Philippines 183 Dario Novellino Case Study D Overregulation and Complex Bureaucratic Procedure: A Disincentive for Compliance? The Case of a Valuable Carving Wood in Bushbuckridge, South Africa 199 Sheona Shackleton Chapter 8 Overcoming Barriers in Collectively Managed NTFPs in Mexico 205 Catarina Illsley Granich, Silvia E. Purata, Fabrice Edouard, Maria Fernanda Sánchez Pardo and Citlali Tovar Chapter 9 Fiji: Commerce, Carving and Customary Tenure 229 Francis Areki and Anthony B. Cunningham Chapter 10 One Eye on the Forest, One Eye on the Market: Multi-tiered Regulation of Matsutake Harvesting, Conservation and Trade in North-western Yunnan Province 243 Nicholas K. Menzies and Chun Li Chapter 11 Managing Floral Greens in a Globalized Economy: Resource Tenure, Labour Relations and Immigration Policy in the Pacific Northwest, USA 265 Rebecca J. McLain and Kathryn Lynch Chapter 12 NTFP Policy, Access to Markets and Labour Issues in Finland: Impacts of Regionalization and Globalization on the Wild Berry Industry 287 Rebecca T. Richards and Olli Saastamoinen Chapter 13 Navigating a Way through Regulatory Frameworks for Hoodia Use, Conservation, Trade and Benefit Sharing 309 Rachel P. Wynberg Chapter 14 Laws and Policies Impacting Trade in NTFPs 327 Alan Pierce and Markus Bürgener Chapter 15 The State of NTFP Policy and Law 343 Sarah A. Laird, Rachel P. Wynberg and Rebecca J. McLain CONTENTS vii Chapter 16 Recommendations 367 Sarah A. Laird, Rachel P. Wynberg and Rebecca J. McLain Appendix: NTFP Law and Policy Literature: Lie of the Land and Areas for Further Research 375 Alan Pierce Index List of Figures, Tables and Boxes FIGURES 1.1 Bolivia’s northern Amazon region 17 1.2 Woman breaking Brazil nut fruits to extract nuts 18 2.1 Map of Cameroon and neighbouring countries in Africa 54 2.2 Eru (Gnetum spp.) loaded onto taxi in transition from Cameroon to Nigeria 62 B.1 Selling Gnetum in the market, Cameroon 72 C.1 Bush mango storage by sticking the fruits to the outer walls of the house for later use. This image was taken in the village of Ekuri, Cross River State, Nigeria 79 3.1 Location of central dry forest region and Western Ghats region in India 86 3.2 Collection of Kalabhalia seed by the villagers of Kalasulia, Boudh 88 3.3 Population structure of uppage individuals in low-intensity and high-intensity harvest sites 105 4.1 Map of British Columbia, Canada 114 4.2 Salal (Gaultheria shallon) harvest 117 5.1 Map of United Kingdom, including Scotland 136 5.2 Cep (Boletus edulis), one of Scotland’s highest value mushrooms 137 5.3 Native bluebell (Hyacinthoides non-scripta), a controversial wild harvest 142 6.1 Alangan Mangyan rattan gatherers hauling bundles of split rattan