Ginseng in Ohio

A Growing Concern: Ginseng Poaching
By Steve Zarate and Elise George, AmeriCorps*VISTA volunteers, Rural Action

On Saturday, August 21, 2004, a group of 28 concerned landowners, law enforcement officials and others met in Logan, Ohio, to discuss the problem of ginseng poaching (or theft). Still one of the world's highest valued plants, wild American ginseng has been an important part of the culture in rural communities across its natural range, especially in the hills of Appalachia. ‘Sangin,’ or digging, is commonplace in the region, and many people even depend on it as a major, or at least supplemental, income source. With wild ginseng being much harder to find, landowners who have planted ginseng seed in a manner that simulates wild conditions have found that they can produce roots that can sell at the same price as wild ginseng. Intentional planting can enable landowners with suitable habitat to contribute to the recovery of the species, while also diversifying their forest-based income.

The event, attended by ginseng growers, law enforcement, a ginseng buyer, and the Department of Natural Resources Ginseng Coordinator, began with a meeting of growers who have been working on the ginseng theft issue for several years. Allan Wright of the Ohio Division of Wildlife suggested education about ways to prevent poaching of both the public (Farm Bureau, OSU Extension and farmers) and the courts (judges) as the top priority in working on the issue. Wright explained that poachers caught by the Division of Wildlife receive a $250 fine, and all ginseng (or other herbs or roots) on their person is confiscated. But, he pointed out, "It often is a small amount of money compared to the amount they receive for the root." Chip Carroll of Rural Action, a local organization supporting landowners in their efforts to confront ginseng theft, noted that stealing ginseng was a more serious crime in the early 1900’s than it is today.

Kevin Behr of the Ohio Division of Wildlife observed that prosecutors give a "Victim Impact Statement" to the judge and that this can be used to educate them about ginseng and demonstrate the value that growers have invested in their roots. But as he pointed out, "How do you define the pleasure you derive from going out and working in the woods?" One grower said, "You don’t want to publicize the fact that you’re growing it, and that prohibits you from talking to the people that can help you." Behr continued, "I agree that the fear that we have is not something that we should have to live with. The way it is is wrong. These folks could be armed." Another grower noted that "I don’t have a single four-prong plant on my property because they were all poached. I’m afraid that I’m being poached right this moment." Several other growers present at the event said that they have been poached in the past as well. One grower may even have been poached while at the event, although it is not determinable, as this was not discovered until the following Monday.

In the first of two presentations following the growers’ meeting, Mitchell McCollough, a ginseng buyer with (and owner of) Ohio River Ginseng and Fur, described how his father started in the fur business 45 years ago, at a time when many folks dug ginseng and goldenseal. McCollough took the business over in 1990, and currently purchases fur, goldenseal, ginseng, black cohosh and bloodroot. He then sells American Ginseng to Asian companies and other herbs to bigger companies in California and Utah. As he noted, 95% of the wild American Ginseng traded, leaves the US. "The majority of my business is in ginseng," McCollough said. Wild simulated ginseng sells for the same price as wild ginseng. McCollough noted that "Goldenseal is the next highest selling herb at $10-40 per pound of dry root."

Ron Ollis, the Division of Wildlife’s Ohio State Ginseng Coordinator, offered the second presentation of the day about Ohio’s Ginseng Management Program, which was turned over to the Division of Wildlife in 1999. The goal of this program is to achieve and maintain a sustained yield. Ollis listed four Division of Wildlife Law Enforcement Priorities: harvesting without written permission of the landowner, closed season harvest, buying without a permit, and failure to maintain records. He noted that "All law enforcement officers, acting within the scope of their jurisdiction, may enforce Ohio's ginseng laws."

As State Ginseng Coordinator, Ollis has several important duties. These include compiling harvest and certification data for an annual report that is given to the U.S. Fish and Wildlife Service, providing in-service training on ginseng enforcement, issuing registration permits to dealers, and maintaining a certification program including hosting the locations (setting up times with buyers and coordinating scales and officers.) Describing the certification program, McCollough observed that "Roots are weighed on certified scales and inspected. Legal documentation must accompany the roots as they are passed from buyer to buyer." Tom Donnelly of the Ohio Division of Wildlife explained that the Division currently has three locations and two investigators focusing on ginseng. "We do root counts per pound," he said. "The digger (harvester) signs a form that says that they legally acquired the ginseng. One can only dig on a national forest, not on state lands." According to Ollis, 4,557 lbs. of ginseng were harvested in Ohio during 2003. Four counties showed a harvest in excess of 300 lbs. of dried ginseng in 2003, and the average number of dried roots per pound was 290.

SOLUTIONS
In discussions before and following the presentations, many solutions were suggested for dealing with the poaching problem. Adams County Wildlife Officer Kevin Behr mentioned that he prefers to call poaching "theft" when dealing with courts and the public. "It helps them see it in a different light," he said. "Poaching is thought of as a more casual act." Behr encouraged landowners to use the civil court after first trying criminal court, and he also mentioned the effectiveness of the TIPline (1-800-POACHER). TIP stands for "Turn In a Poacher." When calling this hotline to report poaching, a grower should try to give any clues, such as license plate, vehicle color or make and time of day. Colin Donohue of Rural Action advised growers to monitor how much they have so they can know how much is stolen and be able to share that information with buyers and law enforcement. Wright agreed, and added that it is a good idea for growers to take photos of their patches.

Calling for "a consistent statewide standard on punishment," one grower recommended community service or jail time as a good deterrent for poaching, especially "because it would take the poacher out of the woods." Donnelly responded that punishments "vary quite a bit state-wide. The judges have the final say, but you need a good prosecutor too." McCollough then suggested that the threat of losing a digging permit could serve as a good deterrent to ginseng theft.

One grower expressed concerns about proposals to license "diggers" (harvesters who don’t grow their own roots), while others supported the idea. Ollis noted that most dealers are okay with the idea of licensing. Initiating the conversation, the grower argued that no one should be able to sell ginseng unless they own the crop. "Licensing gives people an incentive to come onto my land or someone else’s. I want to take that incentive away," he said. However, by the end of the day’s event, most agreed that licensing was a potential part of the solution to ginseng poaching. Ollis agreed, saying "I can see a lot of benefits from licensing (diggers) but that’s not going to be a tomorrow thing." One grower asked who to call about encouraging licensing of diggers. Ollis responded saying "I would encourage you to call your legislator. The administrative rules are set by the Senate and the House. Wild-simulated growers are considered harvesters under the Ohio Revised Code. Periodically there are omnibus bills where we can suggest change in certain things within the law, but we have to wait for the opportunity." Chip Carroll of Rural Action noted that it would be wise to look to North Carolina as an example, as that state licenses growers separately from harvesters.

OTHER GROWER CONCERNS
There are some aspects of the laws governing ginseng that adversely affect growers. One grower asked if ginseng sold at flea markets was legal. Ollis responded stating that it is legal if potted, as that is considered to be cultivated ginseng, and therefore not restricted by the laws that govern wild ginseng. Carroll noted the need to address the difference between wild and wild-simulated ginseng. Wild simulated ginseng is currently considered "wild" ginseng within the law. In order to sell dried root to someone for their personal consumption, one needs a registration permit. However, a landowner can move ginseng around on their property and use it for their own consumption. Donohue noted that some progress is being made in West Virginia in distinguishing between wild-simulated and wild. Randi Pokladnik, a graduate student studying the issue of ginseng poaching, observed that communication across states is lacking. In Kentucky, ginseng is managed under the Agriculture Division, in West Virginia under the Forestry Division, and in Ohio under the Division of Wildlife. She continued, "We could have more clout if we formed a bigger organization."

While no particular suggestion drew unanimous approval, by the end of the discussion most attendees did support the licensing of diggers and harvesters. The group also agreed on the need to publicize and promote poaching prevention, especially in two areas: educating courts and judges and stiffening penalties. Ollis stated, "This has definitely been an eye-opener." He later added that "Ginseng regulations were set up for diggers and now we’ve started to see the other side."
This gathering was organized by the Roots of Appalachia Growers Association (RAGA), an organization formed to encourage, educate and support medicinal herb growers, and Rural Action, a local membership-based, nonprofit organization working for sustainable communities, economies and environments in Appalachian Ohio.

On October 23rd, 2004 these organizations will host a "Green Gold: Grower Workshop," on growing ginseng and other herbs by Jeanine Davis and Scott Persons. These two are experts in the field and are coming out with a new book on this topic soon. There will be some time set aside at this event to discuss the issue of poaching. If you are interested in attending this event or getting involved with the RAGA Poaching Committee, please call Elise George at 740-742-4401.