[Federal Register Volume 59, Number 185 (Monday, September 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23739]
[[Page Unknown]]
[Federal Register: September 26, 1994]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 23
RIN 1018-AC55
Export of American Ginseng Harvested in 1994-1996 Seasons
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES) regulates certain international trade in
plant and animal species. Export of plants and animals listed in CITES
Appendix II may occur only if the Scientific Authority has advised the
permit-issuing Management Authority that such export will not be
detrimental to the survival of the species and if the Management
Authority is satisfied that the plant or animal specimens to be
exported were not obtained in violation of laws for their protection.
Export of cultivated specimens of plants listed in Appendix II may
occur under certificates issued by the Management Authority if it is
satisfied that the plants to be exported were artificially propagated.
This document announces proposed findings on export of American
ginseng (Panax quinquefolius) from the 1994-1996 harvest seasons in 22
States. The U.S. Fish and Wildlife Service (Service) reviews
information and data on the topics described in this proposed rule as a
basis for determining whether to continue approval of export from
specified States for the 1994-96 harvest seasons or to initiate
changes. For Iowa and Wisconsin, approval is only for 1994. In
addition, the State of North Dakota has applied to export cultivated
ginseng under a State program; the State of Maine has submitted
legislation which has been signed to set up a State program for the
export of cultivated ginseng and is working to finalize the details of
the program and to apply for export approval; and the State of Michigan
has submitted draft legislation and is intending to complete its
application to export cultivated ginseng under a State program soon.
The Service proposes to approve only exports of cultivated ginseng from
those three States, contingent on submission of adequate final State
information.
Monitoring State ginseng programs for 16 years has shown that the
States from which ginseng export has been approved are likely to
continue to satisfy CITES requirements. To ensure that this is so, the
Service plans to continue its monitoring in accordance with the
procedures described herein, which have been somewhat streamlined and
clarified. This monitoring includes analysis of program reports made
available to the Service no later than May 31 each year from each State
from which ginseng export is approved. These annual reports document
the most recent previous harvest and the current status of the State's
program for ginseng.
The requirement that all ginseng be inspected and certified by
State officials is being modified to require that all wild ginseng be
inspected and certified by State officials. Cultivated ginseng may be
certified by licensed or registered dealers approved by the State to
make such an accounting. This change is being considered since: (1) The
origin of the roots is declared as to whether the plant was cultivated
or taken from the wild; and (2) the marked difference in appearance and
price between wild and cultivated ginseng make it reasonably unlikely
that wild ginseng would be sold as cultivated ginseng.
DATES: The Service will consider all information and comments received
by October 26, 1994, in making its final decision on this proposal.
State ginseng program reports are due by May 31 of 1995, 1996, and
1997.
ADDRESSES: Please send correspondence concerning this document to
Chief, Office of Management Authority, U.S. Fish and Wildlife Service,
1849 C Street, N.W. (MS-ARLSQ-420C), Washington, DC 20240. Express and
messenger deliveries should be addressed to Chief, Office of Management
Authority, Room 430, 4401 North Fairfax Drive, Arlington, Virginia
22203. Materials received will be available for public inspection by
appointment from 7:45 am to 4:15 pm, Monday through Friday, at the
Office of Management Authority at the Arlington address.
FOR FURTHER INFORMATION CONTACT: Management Authority: Marshall P.
Jones, Chief, Office of Management Authority, U.S. Fish and Wildlife
Service, 1849 C Street, N.W. (MS-ARLSQ-420C), Washington, DC 20240; fax
number 703-358-2280, telephone 703-358-2095.
Scientific Authority: Dr. Charles W. Dane, Chief, Office of
Scientific Authority (MS-ARLSQ-725), U.S. Fish and Wildlife Service,
Washington, DC 20240; fax number 703-358-2276, telephone 703-358-1708.
SUPPLEMENTARY INFORMATION: The Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES) regulates certain
international trade in CITES-listed species. Export of specimens of
species listed in Appendix II of the treaty may only occur upon
approval of a Scientific Authority and a Management Authority of the
country of export. In the United States, the Scientific Authority and
Management Authority responsibilities are assigned to the Secretary of
the Interior and are carried out by offices of the U.S. Fish and
Wildlife Service.
CITES provides for listing of whole plants and specifically
designated parts and derivatives of Appendix II plants. Since 1973,
whole plants and roots of American ginseng (Panax quinquefolius) have
been so listed. In 1985, for reasons unrelated to the trade in American
ginseng, the CITES Parties (member countries) revised listing practices
and decided to regulate not only whole specimens of plants on Appendix
II, but also all their readily recognizable parts and derivatives,
unless they were specifically excluded. As a consequence, the listing
for ginseng needed restatement, and the listing proposal adopted by the
Parties (November 22, 1985, 50 FR 48212) continues to regulate ginseng
exports, including plants, whole roots, essentially intact roots, and
root chunks and slices [50 CFR 23.23(d)(3)].
The Service may issue findings yearly or for more than one year. It
began making multiyear findings for the export of American ginseng on a
State-by-State basis with issuance of the Scientific Authority and
Management Authority findings to cover the 1982-84 harvest seasons. On
October 4, 1982 (47 FR 43701), the Service reported that it found that
the status of wild ginseng did not appear to vary greatly from one year
to the next within any given State, and that the existing information
compiled was adequate to justify findings under CITES for 3 years. The
initial multiyear rule was followed by a second such rule for the 1985-
87 harvest seasons (50 FR 39691, September 30, 1985; 50 FR 42027,
October 17, 1985), and subsequent rules for the 1988-90 seasons (53 FR
33815, September 1, 1988) and the 1991-93 seasons (56 FR 41806, August
23, 1991).
The Service uses information compiled since 1977 to make the
multiyear findings. This notice concerns the Service's proposed
findings to approve the export of American ginseng to be collected in
certain States in the 1994-96 harvest seasons. The Service plans to
continue to review current biological and harvest information
concerning ginseng and those State programs approved for exporting of
their ginseng. The State information previously submitted need not be
resubmitted if it is incorporated by reference and its validity
reaffirmed. The Service is retaining the option to revise 3-year
findings whenever warranted by information that shows the need for
change. The procedures herein have been somewhat streamlined and
clarified, and the Service would welcome comments concerning further
simplification of these procedures.
Scientific Authority Criteria
The overall criteria used by the Scientific Authority in finding
whether export will not be detrimental to the survival of a species are
generally as follows (summarized from a notice of July 11, 1977; 42 FR
35800):
1. Whether such export has occurred in the past and has appreciably
reduced numbers or distribution of the species;
2. Whether such export has or is expected to increase, remain
constant, or decrease; and
3. Whether the life-history parameters of the species and relevant
structure and function in its ecosystems indicate that the present or
proposed levels of export, considered with the potential impacts of
other factors, are expected to appreciably reduce the numbers or
distribution of the species, or cause signs of appreciable ecological
stress within the species and/or in other species within its
ecosystems.
For ginseng, the evaluation for nondetriment by the Scientific
Authority, in accordance with these general criteria, is based on the
information and data submitted on the following topics by each affected
State and from other appropriate sources. Information previously
submitted that remains valid need only be referenced.
The following information and data for wild ginseng can be
conveniently recorded by natural region(s) of the State or by county,
preferably on a State map, or in a table of the counties. Ginseng is to
be considered wild if it occurs in naturally perpetuated habitat where
the species is naturally propagated or with only limited planting of
seeds and with no subsequent tending of plants or habitat before
harvest.
1. Historic distribution of ginseng, with indication of optimal
habitat.
2. Location and approximate acreage of statute-protected lands in
the State on which wild ginseng occurs and where collecting is
prohibited.
3. Present abundance of ginseng, using the indices of 0 = absent, 1
= rare, 2 = occasional, 3 = frequent.
4. Density within the ginseng populations for each natural region
(or county) where present, using the indices of 1 = sparse, 2 =
moderate, 3 = dense.
5. Harvest collecting intensity, using the indices of 0 = none, 1 =
light, 2 = moderate, 3 = heavy.
6. Preferably by natural regions of the State (or by county) rather
than statewide, the average number of roots per pound (dry weight) as
purchased by dealers.
7. Information on trends in wild ginseng populations for the State
or, if possible, natural regions of the State, indicating whether
populations are apparently increasing, stable, decreasing, or being
extirpated.
In addition for the wild ginseng, the following information and
data can be provided in narrative form:
1. Approximate number of ginseng collectors (diggers) in the State
and whether the number appears to be increasing, stable, or decreasing.
2. A description (or copy) of the State's regulations for the
annual harvest of wild ginseng, including (a) designated harvest
season--preferably to begin after seeds are mature; and (b) harvest
requirements, such as (i) minimum size or age of plants allowed to be
collected--at least 3-leaf (3-prong) is recommended, and (ii) whether
seeds from collected plants are to be planted and only at the harvest
sites, etc.
3. Number of pounds (dry weight) of ginseng roots certified by the
State for export.
4. Information on trends in roots per pound (dry weight) for the
State or, if possible, natural regions of the State, indicating whether
the number of roots per pound appears to be increasing, stable, or
decreasing.
5. A brief description of any research projects related to
ginseng's status that the State has initiated or that are ongoing in
the State.
6. The State's opinion, based on the information and data provided
on the topics above and any other information and data that the State
may provide, as to whether the removal of the ginseng from the wild in
the State might have been adverse for the State's entire population of
the species.
For cultivated ginseng, the following information and data can be
provided in map, tabular, or narrative form. Ginseng is considered
cultivated when it is artificially propagated and maintained under
controlled conditions, for example in intensively or intermittently
prepared or managed gardens or patches under artificial or natural
shade.
1. Counties in which ginseng is commercially cultivated.
2. The number of pounds (dry weight) of cultivated ginseng roots
certified by the State for export.
Management Authority Criteria
In addition to the Scientific Authority finding that ginseng
exports will not be detrimental to the survival of the species, the
Management Authority must be satisfied (1) that the ginseng was not
obtained in contravention of laws for its protection, and (2) as to
whether it was of wild or cultivated origin.
Criteria used by the Management Authority in determining a State
program's qualifications for export are that the State has adopted and
is implementing the following regulatory measures (see 50 FR 39691,
September 30, 1985):
1. A State ginseng law and regulations mandating State licensing or
registration of persons purchasing or selling ginseng collected or
grown in that State.
2. State requirements that these licensed or registered ginseng
dealers maintain true and complete records of their commerce in the
annually harvested ginseng and provide copies of such records to the
State in a signed and dated statement at least every 90 days (within 15
days of end of each quarter of calendar year) and a year-end accounting
of the total commerce for the year.
3. Dealer records required to show date of transaction, whether
roots and plants were wild or cultivated, if roots were dried or fresh
(green) at time of transaction, weight of roots, weight or number of
plants, State of origin of roots or plants, and identification numbers
of the State certificates used to ship ginseng from the State of
origin. The name and address of the seller or buyer of record of the
ginseng shall be maintained by the dealer on his/her own copy of
commerce record forms supplied by the State(s) of licensing and shall
be made available to the State ginseng-program manager(s) upon request.
4. Inspection and certification by State personnel of all wild
ginseng harvested in the State to authenticate that ginseng was legally
obtained from wild sources within the State. Cultivated ginseng
harvested in the State may be certified by licensed or registered
dealers approved by the State to make such an accounting of this
ginseng.
Experience has shown the value of an inspection and certification
program by State official(s) who can document both the weight of the
ginseng roots (weight or number of plants) involved and that they were
legally taken from the wild or cultivated in that State. Dealer
certification for cultivated ginseng is being considered because the
declared origin of the root is indicative of whether it is wild or
cultivated and the marked difference in appearance and price between
wild and cultivated ginseng makes it reasonably unlikely that wild
ginseng would be certified by a State-approved dealer as cultivated.
Cultivated ginseng may be recorded by such a dealer and exported with
appropriate CITES export documents without further certification by
State officials.
5. Ginseng unsold by March 31 of the year after harvest must be
weighed by the State, and the dealer, digger, or root owner given a
State weight receipt. Future State export certification of this stock
for export is to be issued against the State weight receipt.
6. Certificate of origin forms for wild ginseng must remain in
State control until issued at certification. The certificate of origin
forms for all ginseng must contain the following information:
(a) State of origin;
(b) Serial number of certificate;
(c) Dealer's State registration number;
(d) Dealer's shipment number for that harvest season;
(e) Year of harvest of ginseng being certified;
(f) Designation as wild or cultivated roots or plants;
(g) Designation as dried or fresh (green) roots, or live plants;
(h) Weight of roots or plants (or number of plants) separately
expressed both numerically and in writing;
(i) Verified statement by State ginseng official that the ginseng was
obtained in that State in accordance with the State law of that harvest
year;
(j) Name and title of State certifying official;
(k) Date of certification;
(l) Signatures of both the dealer and the State official making
certification.
This certificate should be issued in triplicate, with the original
designated for the dealer's use in commerce, first copy for dealer
records, and second copy retained by the State for reference.
7. State regulations that (a) prohibit export from the State of its
ginseng without certification by the State of origin, and (b) require
uncertified ginseng supplied to State-registered dealers to be returned
to the State of origin within 30 calendar days for certification.
Failure to have such ginseng certified will render those roots illegal
for commerce under State law.
Each State from which ginseng export is approved shall, without
further notice, make program information on each year's harvest
available to the Service's Office of Management Authority no later than
May 31 of the subsequent year (e.g., the State's 1994 ginseng data
should be received by May 31, 1995). These data should be sufficient to
satisfy the Scientific Authority criteria indicated above. The
following information is needed to satisfy the Management Authority
criteria:
1. Reaffirm the State ginseng program and indicate modifications,
if any, concerning:
(a) State ginseng laws and regulations;
(b) Season of ginseng harvest and commerce;
(c) State dealer, digger, and/or grower license or registration rules;
(d) Sample of required ginseng-related licenses, including dates of
authorized use;
(e) Fees for any ginseng-related license or registration;
(f) Dealer, digger, or grower record maintenance and reporting
requirements;
(g) Sample of current-year dealer certificates and reporting forms;
(h) Description of State certification system for wild and cultivated
ginseng legally harvested within the State, including controls to deter
uncertified ginseng from moving out of or into the State;
(i) Name, address, telephone number, and fax number of State official
to contact concerning such information.
2. The State data should also include information on the following:
(a) Pounds (dry weight) of wild and of cultivated ginseng roots and
weight or number of live plants (i) harvested and (ii) certified by the
State, and (iii) the pounds of each bought and sold from in-State and
from out-of-State sources;
(b) How dealers not resident in the State obtain certification for
ginseng roots harvested in that State and how this type of commerce is
controlled by State law;
(c) Ginseng law enforcement procedures, violations discovered, and
remedies; and
(d) A sample of the current-year State certificate of legal take and
origin.
Program for Cultivated Ginseng
On October 21, 1980 (45 FR 68944), the Service announced that it
would approve export of cultivated ginseng only from States for which
the export of wild-collected ginseng was approved because those States
had programs that could adequately document the source of the ginseng.
On October 4, 1982 (47 FR 43701), the Service announced that it would
approve export of cultivated ginseng from other States if procedures
had been implemented to minimize the risk that wild-collected plants
would be claimed as cultivated. The Service continues to consider
granting such approval.
The State of North Dakota has applied to export cultivated ginseng,
and the Service is proposing to approve such exports from this State.
North Dakota is considered outside the native range of ginseng. The
State of Michigan (which is within the native range of the species) was
granted interim approval to export cultivated ginseng from the 1993
harvest. The State has been working with the Service to finalize
procedures under a new State law and is planning on completing their
submission requesting approval of their ginseng program prior to the
publication of the final rule. The Service is considering the approval
of such exports from this State. The Service's proposal to approve
Michigan's program is dependent upon receiving the required
information. The State of Maine (which is within the native range of
the species) has passed legislation setting up a State program for
cultivated ginseng and is working to complete their submission for
export approval for cultivated ginseng only. The Service is considering
the approval of such exports pending satisfactory completion of the
application for export approval.
Previous Export Approval
On August 23, 1991 (56 FR 41806), the Service approved multiyear
export of 1991-93 harvested ginseng only from States with a legally
regulated ginseng program that provided for a State certification and
inspection system and that satisfied the other criteria of the
Management Authority and the Scientific Authority. The export of wild
and cultivated ginseng harvested from 1991 through 1993 was approved
only from the 19 States indicated in the Code of Federal Regulations
[50 CFR 23.51(e)(1)]--see the 1991-1993 column in the table at the end
of this document. Documents containing information that provided the
basis for the Service's findings of legal take and origin are on file
at the Office of Management Authority at the address given above.
Such export approval means that any ginseng legally harvested
during those years from Service-approved State programs may be exported
at any time when accompanied by appropriate State certification and
valid Federal export documents granted by the U.S. Management
Authority. For example, ginseng legally harvested in 1992 under a
Service-approved State program may be exported in 1994 when accompanied
by the 1992 State certificate of origin, a 1994 export document issued
by the Management Authority, and an exporter's invoice.
Multiyear Findings
As a result of monitoring State ginseng programs and the status of
ginseng since 1977, the Service expects that States from which the
export of ginseng has been approved will continue to satisfy CITES
requirements and that continued export of ginseng from these States
will not be detrimental to the survival of the species. Therefore,
States previously approved for export of ginseng for the 1991-93
harvest seasons need not submit completely new applications for export
program approval for the 1994-96 harvest seasons. However, in relation
to both the set of criteria used by the Scientific Authority and the
set used by the Management Authority, each State needs to reaffirm the
validity of its existing program and to notify the Service of any
modifications or changes.
This report with information on the 1993 harvest, reaffirmation of
the ongoing State program, and any new program information should have
been received by May 31, 1994, from all States from which ginseng
export has been approved for the 1991-93 harvest years (see 56 FR
41806; August 23, 1991). The States of Iowa and Wisconsin have been
notified of the Service's concerns over the lack of State certification
for wild ginseng. Therefore, the Service is proposing to approve export
of wild and cultivated ginseng from these two States for 1 year only.
Findings allowing further export will be made based on compliance with
Service requirements. The Service is proposing to find that the status
of the species and State programs is such that the 1994-96 harvests of
ginseng for export will not be detrimental to the survival of the
species for 17 of the 19 States approved for the 1991-93 harvest
seasons. In addition, the Service is proposing the approval of exports
of cultivated ginseng from Maine and Michigan, pending receipt of
required information, and from North Dakota, which is outside the
species' native range.
Any States wishing to initiate export programs for ginseng should
begin working with the Service early so that their finalized request
for approval can be submitted by March 31 of the year in which the
State anticipates certifying that season's ginseng for export.
Service export approval is subject to revision prior to the 1995
and 1996 harvest seasons if a review of information reveals that
Management Authority or Scientific Authority findings on any approved
State may need to be changed. The Service proposes not to grant general
approval for export of ginseng originating in any State not named in
the 1994 codification of 50 CFR 23.51(e), for one or more of the
following reasons: (1) The species does not occur there; (2) no harvest
of the species is allowed by the State; or (3) the Service does not
have current information needed for Management Authority and/or
Scientific Authority findings.
To ensure that States for which ginseng export is approved by the
Service maintain successful programs so that export is not detrimental
to the survival of this species, the Service plans to annually review
the export documents returned from U.S. Department of Agriculture ports
and the information and data submitted by the States, including any
unexplained changes in harvest levels and any other concerns presented
in the State-submitted reports. Taking into account the State
evaluations, the Service will continue to make an overall evaluation on
the status of ginseng. Notices will be published in the Federal
Register in 1995 and 1996 only if new information or changed conditions
show reason for revised findings or guidelines.
Export Procedures
Valid Federal CITES documents are necessary to export wild or
cultivated ginseng roots, major root parts, or plants. Applications for
these documents should be sent to the Office of Management Authority at
the address given above.
Ginseng may only be exported through ports with personnel and/or
facilities of the U.S. Department of Agriculture (USDA ports) that have
been designated by the U.S. Department of the Interior (49 FR 49238,
October 25, 1984; see 50 CFR 24.12). For each export, the exporter must
present to the port inspector of the USDA Animal and Plant Health
Inspection Service, Plant Protection and Quarantine (APHIS/PPQ), the
following:
1. Ginseng roots or plants being exported.
2. Original State certificates of origin for the ginseng (or
foreign export documents for American ginseng imported into the United
States). An exporter or dealer may split an original State certificate
by striking a line through the original weight on the certificate and
stating in numbers and words the new lower weight of ginseng to be
exported. This change in weight must be certified by the dealer or
exporter with the written words ``I made these changes on (date)''
followed by the full legal signature of the dealer or exporter. The
modified State certificate of origin must bear this certified change in
ink, in original form, and be readily legible or also given in printed
style.
3. One completed Federal CITES export document (permit or
certificate) with two copies.
4. One copy of the exporter's executed invoice.
The APHIS/PPQ port inspector may sign and validate the CITES
documents only after a satisfactory inspection of the contents of the
State certificate(s) of origin, the exporter's invoice, CITES export
documentation, and the shipment. Once the CITES documents are
validated, the inspector will forward the State certificates, one copy
of the CITES export document, and the exporter's invoice to the Office
of Management Authority for recordkeeping and reporting. The second
copy of the Federal CITES export document goes to the exporter. The
original CITES export document authorizes the international shipment of
the ginseng and will be collected by the importing country for its
recordkeeping and reporting.
Request for Information and Comments
The Service requests information and comments on (1) the status of
ginseng throughout its range or in any portion of its range; (2) the
proposed findings that the export of ginseng from any of the 22 States
with programs to be approved will not be detrimental to the survival of
the species; and (3) the status criteria used. Information and comments
also are requested on the criteria and procedures and their
implementation for determining (1) that exported specimens are
accurately declared as wild or cultivated; (2) that the ginseng (roots)
originated in a particular State; and (3) that the ginseng is not
collected in contravention of laws for its protection.
The Service also requests information on environmental or economic
impacts and effects on small entities (including small businesses,
small organizations, and small governmental jurisdictions) that would
result from findings for or against export approval. This information
may aid the Service in further evaluating the conclusions stated below.
This proposed rule is issued under authority of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.; 87 Stat. 884, as
amended), and was prepared by Mark R. Albert and Carol L. Carson,
Office of Management Authority, and Charles W. Dane, Bruce MacBryde,
and Wayne L. Milstead, Office of Scientific Authority.
Effects of the Rule and Required Determinations
The Service has determined that these proposed findings are not a
major Federal action significantly affecting the quality of the human
environment under the National Environmental Policy Act (42 U.S.C.
4321-4347), and therefore the preparation of an Environmental Impact
Statement is not required.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866. For the 1994-96 harvest seasons, the
Service analyzed the impacts and again concluded that the 3-year rule
will not have significant economic effects on a substantial number of
small entities as outlined under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Exporters normally derive their product from
ginseng roots harvested in a number of States. Therefore, the approval
or disapproval of wild ginseng export from any one State would not
significantly affect the industry. Moreover, because the proposed rule
would treat exports on a State-by-State basis and proposes to approve
export in accordance with State programs, the rule would have little
effect on small entities in and of itself. The proposed rule would
allow continued international trade in ginseng from the United States
in accordance with CITES, and it does not contain any Federalism
impacts as described in Executive Order 12612.
It also has been determined that this proposed rule does not
contain information collection requirements that require approval by
OMB under 44 U.S.C. 3501 et seq.
List of Subjects in 50 CFR Part 23
Endangered and threatened species, Exports, Imports, Plants
(agriculture), Transportation, Treaties.
Proposed Regulation Promulgation
PART 23--ENDANGERED SPECIES CONVENTION
Accordingly, Part 23, Subpart F of Title 50 (Chapter I, Subchapter
B) of the Code of Federal Regulations is proposed for amendment as set
forth below:
1. The authority citation for Part 23 continues to read as follows:
Authority: Convention on International Trade in Endangered
Species of Wild Fauna and Flora, 27 U.S.T. 108; and Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Subpart F--Export of Certain Species
Sec. 23.51 [Amended]
2. In Sec. 23.51, paragraph (e)(1) is proposed to be revised as
follows:
Sec. 23.51 American ginseng (Panax quinquefolius)
* * * * *
(e)(1) 1982-1996 harvests:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harvest year
State -----------------------------------------------------------------------------------------------
1982 & 1983 1984 1985-1987 1988-1990 1991-1993 1994-1996
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama................................................. - - - + + +
Arkansas................................................ + + + + + +
Georgia................................................. + + + + + +
Illinois................................................ + + + + + +
Indiana................................................. + + + + + +
Iowa.................................................... + + + + + *
Kentucky................................................ + + + + + +
Maine................................................... - - - - - c
Maryland................................................ + + + + + +
Michigan................................................ - - - - - c
Minnesota............................................... + + + + + +
Missouri................................................ + + + + + +
New York................................................ - - - + + +
North Carolina.......................................... + + + + + +
North Dakota............................................ - - - - - c
Ohio.................................................... + + + + + +
Pennsylvania............................................ - - - + + +
Tennessee............................................... + c + + + +
Vermont................................................. c + + + + +
Virginia................................................ + + + + + +
West Virginia........................................... + + + + + +
Wisconsin............................................... + + + + + *
--------------------------------------------------------------------------------------------------------------------------------------------------------
+Export approved for wild and cultivated ginseng roots and plants.
cExport approved only for cultivated (artificially propagated) ginseng.
-Export either not requested or not approved.
*Export approved for 1994 only.
3. With the exception of the Note, Sec. 23.51(e)(2) is proposed to
be revised as follows:
Sec. 23.51 American ginseng (Panax quinquefolius).
* * * * *
(e)(2) Conditions on export: All roots and plants must be
documented as to State of origin, season of collection, and dry or
fresh (green) weight. The State must certify, or for cultivated ginseng
authorize certification, whether roots and plants originated in that
State, were legally obtained in a particular season, and are wild or
cultivated (artificially propagated) specimens. Along with the ginseng
to be exported, the following must be presented: a dealer's or
exporter's executed invoice, the State certification, and a current
CITES export document. The State must maintain a ginseng program as
described in the current final rule. Annual program data for the
preceding harvest season should be available to the Service's Office of
Management Authority by May 31 each year. All other export procedures
must be followed as described in 50 CFR parts 13, 14, and 23.
* * * * *
Dated: August 18, 1994
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-23739 Filed 9-23-94; 8:45 am]
BILLING CODE 4310-55-P
