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What is CITES and how does it affect ginseng growers in Appalachia?

By Randi Pokladnik


 Many ginseng growers may not be aware that the export of their ginseng roots to Asian markets is regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). What is CITES and what does it mean to the Appalachian ginseng grower?

 

          CITES is an international agreement between governments who deal in trade of the various species listed in the agreement. The agreement was put in place to hopefully control international trade in order to ensure that the survival of these species is not threatened. The idea for the agreement was first embarked upon in 1963. As a result of a resolution between members of the World Conservation Union, representatives of eighty countries signed a formal agreement in 1973 and in 1975, CITES went into action.

Today, trade in plant and animal species is estimated to be in the billions of dollars. Some species have approached the verge of extinction due to loss of habitat and over-harvesting. Since the Convention was in-acted, however, not one species has become extinct. Now 166 parties are collectively involved in CITES.

The United States is one of the participants in the CITES agreement. For that reason, species, like ginseng (panax quinquefolius), that are considered to be “at risk” are listed on Appendix II of the convention and fall under its regulation. There are three appendices within CITES.  Species are classified based on the degree of protection they may need and each appendix varies as to the degree of regulation required for protection. Appendix II covers species “not necessarily threatened with extinction, but in which trade must be controlled in order to avoid utilization incompatible with their survival.”

Part of the agreement requires that each of the 166 parties involved designate a management authority to oversee a licensing system and a scientific authority to take charge of evaluating the effects of trade on the status of the species. Whenever a ginseng root is sold, appropriate documentation is necessary to ensure that only legal roots of a specified age are involved in commerce. The program also evaluates the status of the species to ensure harvest will not be detrimental to its survival. Permits or certificates follow every interstate or international sale.

With the passage of the Endangered Species Act of 1973, The United States Fish and Wildlife Service was designated as the authority for managing ginseng. Nineteen states have been authorized to export ginseng. While each state may have its own set of laws governing harvest dates, fines, and season lengths, they all are subject to CITES regulations.

Each year, USFWS’s Division of Scientific Authority, issues a detailed report on the status of ginseng across the harvesting range. This report makes recommendations for current and future harvesting. To date, the division has recommended that in states where harvesting of wild ginseng is allowed, it be limited to plants five years old or older. Based on the annual USFWS findings, some states may restrict or prohibit ginseng harvest on national forest lands.

Each state must submit data to the USFWS. In Ohio, ginseng management is administered through the Ohio Department of Natural Resources. In West Virginia the Division of Forestry is in charge of issuing permits, and Kentucky’s Department of Agriculture promulgates rules to control harvest of ginseng. Only ginseng that can be proven to be artificially propagated “under controlled conditions with human intervention” falls outside the CITES regulations.

According to Patricia Ford, a botanist who is responsible for the American ginseng program for the Division of Scientific Authority under the USFWS, in most cases wild, woods-grown and wild-simulated ginseng roots are treated as “wild” unless the state/grower/ dealer can prove that the plants were artificially propagated according to the CITES definition. Wisconsin ginseng is treated as artificially propagated.

Growers, gatherers and dealers are all subject to the CITES as well as state laws. State laws, CITES statues, and annual reports issued by the USFWS can all be accessed via the internet at the following sites:

Ohio: www.ohiodnr.com/wildlife/resources/ginseng/ginsenglaws.htm

Kentucky: www.kyagr.com

                  www.lrc.state.ky.us/kar/302/045/010.htm

West Virginia: www.wvforestry.com

CITES www.cites.org/eng/disc/how.shtml

 


 Many thanks to Pat Ford and Patricia DeAngelis for their assistance and the above web pages.

Last Updated on 9/15/2004
By Randi Pokladnik 


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updated: December 12, 2005