[MPWG] Poaching

[rrr at montana.com]

Hello Bob,

Good ideas! I just wanted to add that when the Governor's Task Force on
Wild Medicinal Plants here in Montana was considering legislation to
protect our flora from poachers, we decided that the law had to be a
criminal offense, not a civil offense. The reason is that a civil law was
too difficult to prosecute. The state defense attorney would have to go
after them and this would not likely happen. Whereas, with a criminal law,
any law enforcement agency (fed or state) could be involved in the arrest,
and the offender could be charged and tried in any county of the state.
Also, we could make it hurt. I recall that violation involves $1,000.00
and 6 months in jail for first offense.

I don't know if the law is working, but it has to be a deterrence to
someone. If we had no law to this effect, it is like hanging a "come get
it" sign. Our legislature agreed and passed this bill into law a few years
ago.

This was just after our neighbor, North Dakota, passed an emergency
measure specifically for all species of Echinacea (only E. angustifolia is
native; and all species could be grown). Violators in North Dakota can
have their vehicle confiscated as well as a stiff fine.

There are wildcrafting companies here in Montana that rely on our flora 
and work with the Forest Service and others to sustainably harvest
specific species in specific areas. They leave areas alone to recover
according the the plant species.

When busloads of migrant workers come into the state to harvest beargrass
or huckleberry or mushrooms without getting a permit, they are in
violation of our law. The law does not concern those harvesting for
personal use.

It's all laid out in the Montana Code. Just search for "wildcrafting."
I'll post if I find the specific web address soon.

Best Regards,
Robyn Klein



> Hi all
> I really don't think you can hide ginseng from poachers. It is like trying
> to hide the holiday presents from your teenage kids! I have thoughts on
> poaching ginseng that may be somewhat relevant to other medicinal plants.
> Bob
>
> Thoughts on Poaching Ginseng
>