[MPWG] Question for AHPA Re: AHPA Submits Comments on Special Forest Products and Proposed Fees

Sun Jan 27 19:12:28 CST 2008

Hello again,

The Congress passed the law that is the basis for this rule in 2000 (I don't
know why the Forest Service (FS) was able to delay the rulemaking since
then). This law requires the FS to impose and collect fees for forest
products collected on National Forest lands.

AHPA's comments suggest that the fee should be only 3 percent of the value
at the time of harvest (as opposed to, for example, 30 percent of the
wholesale value, described as the starting point for valuation in one
document). 

In reply to the request to "explain" how the fee would affect pricing
further up the value chain, I can only tell you that I would expect that
this cost would be added at each step of the way - so the collectors should
get their 3 percent back from the dealer that they sell to, and the dealer
will charge that much more to the wholesaler or manufacturer, and at the end
of the line the consumers will pay this cost.

The law passed by the Congress also requires that a portion of the collected
fees be used by the specific National Forests on which collection occurs.
The law also requires these fees to fund activities such as monitoring the
effects of harvests to ensure that harvests are sustainable. In other words,
and if my speculation here is correct, consumers are going to pay the
(hopefully modest) costs of ensuring that forest products are used
sustainably.

Sincerely,

Michael McGuffin

AHPA

  _____  

From: mpwg-bounces at lists.plantconservation.org
[mailto:mpwg-bounces at lists.plantconservation.org] On Behalf Of
cafesombra at aol.com
Sent: Sunday, January 27, 2008 8:25 AM
To: MPWG at lists.plantconservation.org
Subject: [MPWG] Question for AHPA Re: AHPA Submits Comments on Special
Forest Products and Proposed Fees

Hello,
Now I see a posting was made Dec. 20 regarding an extension for public
comment on this ruling, thanks to Patricia. Seeing that comments were due on
January 22 (thank you Karen for including the link to the Federal Register)
it's obviously too late to say anything to the government.
I wonder if anyone from AHPA might be willing to explain how a 3% fee at the
point of collection will affect pricing further up the value chain.  Does
this mean that AHPA believes collectors exclusively should carry the burden
of fees, or will we now see a 3% increase in the price of affected raw
botanicals and ultimately, on supermarket shelves?  Does AHPA anticipate
buyers being willing to pay more?  For example, buyers purchasing materials
carrying organic certification pay more for the material, theoretically to
help farmers/collectors do the right thing rather than making them take the
burden on all by themselves.  Since following this SFP rule to do the right
thing will have no seal for consumers to see it's a sustainable source,
unless the collector takes the additional step of organic certification
(adding more costs of course, including an additional 1% fee for all sales),
does that mean collectors will be on their own with this new fee?  Obviously
the fee has to come from somewhere... Is the fee meant to or will it
indirectly deter people from collecting on public lands?  If collectors pass
this increase in the cost of doing business on to buyers, do you think that
will encourage buyers to avoid such materials and purchase only from private
woodlot owners, or to source more foreign ingredients?
Did any collector on this list outside of AHPA take the opportunity to
comment?  Unfortunately I was on holiday during the holidays, and missed the
posting regarding the comment extension.  I looked at the Sept Oct and Nov
archive and did not see an initial posting on this matter.  

-----Original Message-----
From: Michael McGuffin <mmherbal at ca.rr.com>
To: cafesombra at aol.com; MPWG at lists.plantconservation.org;
dnrmlw at dnr.state.ak.us; joe.joyner at alaska.gov
Sent: Sun, 27 Jan 2008 10:08 am
Subject: Re: [MPWG] AHPA Submits Comments on Special Forest Products and
Proposed Fees

Hi,

The comments that AHPA filed were not to this proposed Alaska state rule but
to a federal rule proposed by the USDA Forest Service.

Much of the points that you make about the need for a more active and
participatory citizenry are nonetheless relevant.

Michael McGuffin

AHPA

  _____  

From: mpwg-bounces at lists.plantconservation.org
[mailto:mpwg-bounces at lists.plantconservation.org
<mailto:mpwg-bounces at lists.plantconservation.org?> ] On Behalf Of
cafesombra at aol.com
Sent: Sunday, January 27, 2008 4:28 AM
To: MPWG at lists.plantconservation.org; dnrmlw at dnr.state.ak.us;
joe.joyner at alaska.gov
Subject: Re: [MPWG] AHPA Submits Comments on Special Forest Products and
Proposed Fees

Hello,

Glad to see that AHPA was able to submit comments for this.  I wish that
this list had more of a roll in discussion.  To me, the following
announcement appeared to be relevant to Alaska.  Sorry, but frankly as most
people do I often scan emails and this one had Alaska written all over it.
Since it is calling for revisions to the Alaska Administrative Code and
comments were to be sent to DNR in Alaska, excuse me but, if public comment
were really important to DNR on this matter, it might have been valuable to
make it more clear that this rule affects collection in the lower 49 states.
Here in PA when I called the Forest Service to ask how to request permission
to harvest teaberry, black cohosh and aralia on a recently clearcut large
piece of state forest land I was connected to four different people who did
not know procedure, was told they'd find out and call back, and never heard
back from them.  Granted this was state land not national forest land.  None
the less, DNR might want to think about more effective public outreach (even
though public comment is such a nuisance) and might also want to do some
outreach to their state siblings.  Democracy may be a bit quicker without
including everyone but then, that isn't really the point, is it?  At any
rate, glad some of the people got to put their two cents in.  Perhaps next
time this list could work openly on a participatory democratic process of
discussion and accord, and submit a group comment.  Even if we never reached
a point of agreement, it might inspire a few more citizens to throw some
cents into the mix. So long as people are not too busy and important for
participatory democracy, it would be nice to give it a chance to work. 

The following is the public notice regarding these proposed regulation 

changes: 

NOTICE OF PROPOSED CHANGES IN THE

REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES

The Department of Natural Resources (DNR) is proposing to add new 

regulations and revise others concerning the use of state lands for the 

commercial harvest of non-timber forest products (NTFPs).  DNR proposes to 

adopt regulation changes in Title 11 of the Alaska Administrative Code, 

specifically 11 AAC 96.030 dealing with the Applications for a land use 

permit. The Department of Natural Resources also proposes to adopt new 

regulations in Title 11 of the Alaska Administrative Code, specifically 11 

AAC 05.010(a) and (e) dealing with the Fees,  11 AAC 96.035 dealing with 

the Commercial Harvest of non-timber forest products and 11 AAC 96.250 

dealing with definitions. 

The revised regulations include the following: 

refunds of annual use fees for land use permits

requirements for applications for land use permits

The new regulations include the following: 

establishes an application and minimum permit fee for commercial harvest 

permit for non-timber forest products,

establishes permit harvest fees for the commercial harvest of non-timber 

forest products,

establishes a permitting process, standards and conditions for the 

issuance of permits for the commercial harvest of non-timber forest 

products,

defines terms used in the issuance and management of permits for the 

commercial harvest of non-timber forest products.

The proposed regulation additions and changes are necessary to establish a 

sustainable commercial harvest program for limited amounts of non-timber 

forest products on state lands and to ensure that the public interest is 

served in the commercial harvest of these materials. 

You may comment on the proposed regulations, including the potential costs 

to private persons of complying with the proposed changes, by submitting 

written comments to the Division of Mining, Land and Water, 550 W. 7th 

Avenue, Suite 1070, Anchorage, AK 99501-3579 or by e-mail to 

dnrmlw at dnr.state.ak.us
<http://lists.plantconservation.org/mailman/listinfo/mpwg_lists.plantconserv
ation.org>   or by fax to 907-269-8904.  The comments must be 

received by the department no later than 5:00 p.m. on Friday, on January 

4, 2008. 

If you are a person with a disability who needs a special accommodation in 

order to participate in this process, please contact Joseph Joyner at 

269-8511 no later than December 21, 2007, to ensure that any necessary 

accommodations can be provided.

For more information or a copy of the proposed regulation changes, go to 

http://www.dnr.state.ak.us/mlw/hottopics/, or write to the Director's 

Office, Division of Mining, Land and Water, Department of Natural 

Resources, Attention Joseph Joyner, 550 W. 7th Avenue, Suite 1070, 

Anchorage, Alaska 99501-3579; or call 907-269-8511, or email at   

Joe.Joyner at alaska.gov
<http://lists.plantconservation.org/mailman/listinfo/mpwg_lists.plantconserv
ation.org>  . 

After the public comment period ends, the Department of Natural Resources 

will either adopt these or other provisions dealing with the same subject, 

without further notice, or decide to take no action on them.  The language 

of the final regulations may be different from that of the proposed 

regulations.  You should comment during the time allowed if your interests 

could be affected.

Statutory Authority:   AS 38.05.020; AS 38.05.035; AS 38.05.850; 

Statutes Being Implemented, Interpreted, or Made Specific:   AS 38.05.020; 

AS 38.05.035; AS 38.05.850;

Fiscal Information:  The proposed regulation changes are not expected to 

require an increased appropriation.

-----Original Message-----
From: Karen Robin <KRobin at ahpa.org>
To: mpwg at lists.plantconservation.org
Sent: Fri, 25 Jan 2008 1:14 pm
Subject: [MPWG] AHPA Submits Comments on Special Forest Products and
Proposed Fees

AHPA Submits Comments on Special Forest Products and Proposed Fees

(January 25, 2008) - The American Herbal Products Association (AHPA) has
submitted comments to the USDA Forest Service in response to that agency's
proposed rule governing the sale and disposal of nontimber forest products
that are harvested on National Forest System lands. The proposed rule, which
was issued last October, sets requirements for the Forest Service to monitor
such harvests and ensure that they occur at sustainable levels, and
establishes programs for collection of fees from harvesters.  

"Our National Forests and National Grasslands provide many commercially
valuable plants to the trade," said AHPA President Michael McGuffin. "AHPA
and its members are committed to sustainable use of our plant resources and
we applaud the Forest Service for its management efforts. We are also
supportive of reasonable fees that can be used to manage those resources,
but those fees must be established at levels that do not disrupt the income
of individual collectors and other small businesses that are engaged in
sustainable harvest operations." 

Among its comments to the Forest Service, AHPA suggested that fees for
harvested forest products be calculated at the point of harvest, rather than
further along the distribution or value-added chain, and that these fees
should be 3 percent of each product's value at the point of harvest. AHPA
also suggested that existing resources should be used in both monitoring and
pricing activities. These include AHPA's tonnage surveys, the AHPA/AHP Good
Agricultural and Collection Practice for Herbal Raw Materials(1), and the
ISSC-MAP(2).

The Federal Register notice for the Forest Service's proposed rule can be
downloaded at:
http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov
/2007/pdf/E7-20658.pdf.

AHPA's comments are available are at:
http://www.ahpa.org/Portals/0/pdfs/08_0122_AHPAComments_USFS.pdf.

Notes:

1) Jointly published in December 2006 by AHPA and the American Herbal
Pharmacopoeia, this document is available at
http://www.ahpa.org/portals/0/pdfs/06_1208_AHPA-AHP_GACP.pdf.

2) International Standards for Sustainable wild Collection of Medicinal and
Aromatic Plants, available at
http://www.floraweb.de/proxy/floraweb/MAP-pro/Standard_Version1_0.pdf

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