[MPWG] Montana wildcrafting regs.

[rrr at montana.com]

Alan,

We actually passed two bills. One sunsetted after three years, to give the
Governor's Task Force on Medicinal Wild Plants time to assess the
situation and get public comment.

The first bill listed 7 plants that were not to be harvested at all during
that time. The second bill simply requires that ANY plant being harvested
(wildcrafted) for the purpose of commercial sale must be permitted. This
includes plants wildcrafted on private lands. The landowner simply needs
to write a letter of permission. This is to both protect private
landowners, but also to protect the wildcrafter from prosecution.

Again, this bill does not require permits for PERSONAL use. However,
people who harvest on federal, state or private lands could be violating
other laws. So, anyone who harvests wild plants should ask for permission
or know the laws for that particular property. The BLM tends to be the
most lenient, especially for personal use. Forest Service Districts may
vary some because they have different issues depending on their resources
or the cultural habits of the local folks. For example, huckleberry
picking is popular in some of our districts.

The second bill is now under Title 76, Chapter 10. See below and let me
know if you have any other questions.

Cheers, Robyn Klein

http://data.opi.state.mt.us/bills/mca_toc/76_10_1.htm

TITLE 76. LAND RESOURCES AND USE
CHAPTER 10. REGULATION OF WILDCRAFTING

Part 1. General Provisions

76-10-101. Purpose.
76-10-102. Definitions.
76-10-103. Written permission or permit to wildcraft required.
76-10-104. Exemption from written permission or permit requirement.
76-10-105. Requirements of buyer.
76-10-106. Restriction on liability of landowner.
76-10-107. Violations -- penalties.

    76-10-101. Purpose. (1) The purpose of this part is to:
     (a) encourage the growth of a statewide sustainable wildcrafting
industry that encourages stewardship of the wild plant natural
resources of the state by requiring a person who is wildcrafting for
commercial purposes to obtain a permit or permission in a written
form before the person can wildcraft and by providing enforcement
procedures;
     (b) require buyers to be accountable for wildcrafted plant material
that they purchase by requiring recordkeeping; and
     (c) establishing enforcement procedures.
     (2) The state recognizes its limited jurisdiction within the Indian
reservations in Montana and acknowledges and respects the
government-to-government relationship between Montana and the tribes
within its borders. It is the legislature's intent that this part be
implemented within current jurisdictional limitations. The tribes are
invited to enter into state-tribal cooperative agreements with
Montana to provide for broader implementation.
     History: En. Sec. 1, Ch. 282, L. 2001.




> Hello Robyn,
>
> I read with interest your post to the MPWG about the wildcrafting
> legislation in Montana.  I was under the impression that the law didn't
> get the votes to pass.  The only material I could find on the web was the
> proposed bill of 2001, but nothing mentioning whether it passed or not.
> Could you please clarify?
>
> Many thanks,
> Alan