Regulation No. 111-08 Regulation on the Commercial and Sustainable Extraction of Non-Timber Forest Products (NTFPs) (FDA Regulation No. 111-08)

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اللغة: English
النوع: لائحة
المنظمة: European Union
الدولة: ليبيريا
الموضوعات: Forestry
الكلمات المفتاحية: non-wood forest products, timber, traditional rights/customary rights, access and benefit-sharing, community management, liability/compensation, fees/royalties, sustainable use, medicinal plants

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part 1
1 Forestry Development Authority Regulation No. 111-08 Regulation on the Commercial and Sustainable Extraction of Non-Timber Forest Products (NTFPs) WHEREAS, the National Forestry Reform Law of 2006 establishes a transparent framework, for the use, management and protection of forest resources that balances the commercial, community, and conservation priorities of the Republic; and WHEREAS, the past forestry practices, the lack of appreciation for the economic potential, ignorance of the importance of NTFPs to rural societies and general lack of knowledge on NTFPs hindered the provision of sufficient and adequate policy direction to develop proactive management programs for NTFPs in Liberia; and WHEREAS, there is a gradual recognition of the role NTFPs in sustainable forest management, provision of income and livelihood opportunities for the forest fringe communities as well as improving the economy of the country; and WHEREAS, the basis for formulation of any organized research and development for NTFPs will only be achieved through comprehensive inventory of the production, economic value as well as development of systematic, logical and broad-based classification scheme, and WHEREAS, the National Forestry Reform Law of 2006 authorizes the Forestry Development Authority to issue regulations and other rules necessary to implement the law (Section 19.1 (a)); including regulations that address the parameters towards achieving the Objectives of Forest Management (Section 3.1(a)); and to establish procedure for the collection of forestry fees (Section 14.2 (b) and the export permits to export forest products (Section 13.8 (a, b and c)). NOW, THEREFORE, The Forestry Development Authority does hereby rule and regulate as follows: 2 PART ONE: GENERAL PROVISIONS Section 1. Policy In allowing the exploitation and utilization of Non-Timber Forest Products as part of the Forest Resources of Liberia, the Authority and its staff aim to: (a) Act as trustee of the Republic’s Forest Resource, in a professional, transparent, and non-discriminatory manner, without personal interest or aim of self-enrichment. (b) Provide social and economic livelihoods, cultural and religious benefits for forest-based- communities and Liberia’s populace in general. (c) Assure sustainable development and conservation of the forest and its genetic resources for the present and the future generation. Section 2. Definitions In this Regulation, the following terms have the meaning indicated, unless the context otherwise requires: (a) Authority : Forestry Development Authority (b) Non-Wood Forest Products (NWFPs): These are goods of biological origin other than wood that are derived from the forest. They also include services, such as rope making and gum collecting that are related to the collection and processing of these products. (c) Non-Timber Forest Products (NTFPs): This describes a broader range of goods than those defined as NWFPs. NTFP include small products made of ligneous (or wood) materials, such as wooden stool, pounding mortals and pesters, masks, drums, or other handcrafted items which are not industrial timber or pulp. (d) Value-added Products (VAP): This term should be defined as processing and remanufacturing processed products (start from treatment of the product through semi-finished to finished products). (e) Specialty wood products: These include handcrafted products e.g. Carving, utensils, containers, turning, musical instruments made from tree/shrubs. (f) Forest: Is taken to include vegetation types with the forest structure as well as areas of fallow swidden, shrub land and agro-forest. 3 (g) Cord: Is the volume imperial measurement of pile of poles, fuel wood, rafters, cam wood, etc. It is a measure of 4ft x 4ft x 8ft or 128 cubic feet or 2.407 cubic meters. (h) Semi-processed NTFP: Is a term to indicate the degree of processing. It need further processing before it is put into use. (i) Processing Industry: Shall be defined as any degree of processing facility to either undertake semi-processing or manufactured/finished products of NTFPs. (j) Transporting: As it is referred in this regulation as moving of any NTFPs from area of harvest/production to any other destination outside of the community including market, port of export, manufacturing site, etc., Section 3. Liberia’s Traditional and Potential NTFPs For the purpose of this Regulation, all biological resource derived products that are non-timber, harvested from forest, forested lands and small arborous and fibrous plants and animals shall be herein referred to as Traditional and Potential NTFPs in Liberia, unless the context otherwise requires. See Appendix 1 Section 4 to 8 Reserved PART TWO: NTFPs MANAGEMENT AND COMMERCIALIZATION Section 9. NTFPs Harvesting and Producers Obligations NTFPs have important social and economic values, especially to people living in the rural communities. The communities have often depended on NTFPs for income and sustenance. NTFPs have the potential to contribute to hunger eradication and poverty alleviation, protecting human health, the environment and biodiversity resources. It is an emerging product of commerce with potential to contribute significantly to economies of Liberia. Henceforth, it is regulated that: (a) production/exploitation and utilization should be sustainable (both commercial and non-commercial); 4 (b) Forest use permit holders harvesting NTFPs within any community should provide compensation/ return some of the benefits to the community before lifting of the products to the market; (c) Forest Use Permit Holder Shall pay extraction fees to the Government for the harvesting/collection of NTFP from the forest as shown in schedule three; (d) Any forest use permit holders harvesting NTFPs in any area where the product is naturally grown shall bring along a written agreement with the local communities; (e) Resident community members/producer groups may sustainably harvest NTFPs from their forest lands for use within the community, or for commercial purposes within the community as will be defined in the Community Rights Law for Forest Lands which is mandated in the Forest Reform Law (2006). Section 10: Annual Administrative/ Registration Fees. (i) Forest Use Permit Holders (a) Non-Refundable Annual Administrative/Registration Fee shall be levied on all Forest Used Permit Holders engaging in extraction/harvest of Non Timber Forest Products as specified in section 2 (b), unless the context otherwise require. (b) Administrative/Registration fee for Forest Use Permit shall be levied based on the type of the activities in exploiting and processing as well as the nationality involved as indicated in Schedule 1. See appendix II; (c) Community-based NTFP producers are exempt from national Administration/Registration Fees; (d) (d) Community-forest management bodies may levy fees on NTFP production by community members which will be credited to a Community Forestry Fund used for community forest management or related development activities within the community. The Fund and its governance will be defined in the Community Rights Law for Forest Lands which is mandated in the Forest Reform Law (2006). 5 (ii) NTFPs Exporters All NTFPs exporters shall follow the below procedures to be able to export any of the products. (a) Letter of intent to FDA Management (b) Present copies of Articles of Incorporation and Business Registration Certificates © Fill in the NTFPs Exporters Annual Registration Form; (d) Pay Exporters’ Annual Registration Fee of U$D 250.00 into Government Revenue Section 11. Unit of Measurement for NTFPs in Liberia (a) In this section, the units at which the NTFPs will be quantified are as follows: See appendix III (b) The FOB value for each NTFP shall be determined based on the unit of measurement of the product. (c) All measurement for tax determination and statistical information shall use these units. Section 12 to 15 Reserved PART THREE: NON-TIMBER FOREST PRODUCTS FEES Section 16. NTFPs extraction/harvesting fee (a) The Authority shall levy forest Resource extraction fee from Forest Use Permit holders for the selected NTFPs species that are harvested for commercial purpose in a quantity greater than allowable quantity in section 26 of this Regulation (b) The resources extraction tax shall be collected or paid to the Government for the following but not limited to species in the Appendix III. (e) The fee attached to each species or product shall be adjusted as the market dictates. Community-based NTFP producers are exempted from national extraction/harvesting fees. (c) Taxes shall be levied on National and International traders of NTFPs (d) Local Producer of NTFPs shall pay extraction/harvesting fee or tax to the Community Development Committee or Community Forest Management Body. Section 17. Transporting NTFPs (a) No trader shall transport any of the below NTFPs for commercial purpose without valid Waybill. They include: 6 • Fibrous/Ligneous products; • Specialty wood species/products; • Construction products; • Biomass –based products; • Other species/Products. (b) All Waybills for transporting of NTFPs shall be obtained from the FDA Central Office or any of the Regional Offices; (c) The Community Development Committee or Forest Management Body shall be encourage by the Authority to harvest NTFPs in a sustainable way; (d) Only exempted quantity of NTFPs as prescribed by this regulation shall be transported without Waybill; (e) Any Waybill issued for transporting NTFPs shall indicate the following: • Name of trader, area (s); • Where the product is harvested; • The quantity of the product; • Name of the product; • Date, the destination; • Name of buyer and the amount of harvesting fees (Government and Community benefit). Section 18. Waybill Fee: Trader seeking waybill to transport NTFPs within Liberia shall pay into Government revenue five dollars per copy of waybill or fifty United State Dollars (U$D 50.00) for a booklet of ten copies. Section 19. NTFPs Export Permit Fees and License: (a) No trader shall export NTFPs from Liberia without valid NTFPs export Permit (b) The Authority may prescribe application for NTFPs export Permit. (c) NTFPs export permit fee shall not exceed fifty United States Dollars (U$D 50.00) for each permit. (d) Each of the NTFPs export permit shall only be issued upon the Presentation of contract which details the species/products, quantity, destination, FOB unit price in contract. (e) NTFPs Export permits shall only be issued upon a proof of payment of taxes/ fees owed to the government; (f) NTFPs Export Permit issued shall be valid for only one shipment. (g) All NTFPs export permit shall be valid for the period of sixty days effective the date of issuance; 7 (h) Export Permit shall be renewed only once and the fee for renewal shall be charged 50% of the fee for the original export permit issued. Section 20. NTFPs Classification/Grouping system For the purpose of section 22, 23, and 24 of this Regulation: (a) The defined NTFP species and products in section 3 shall be grouped into seven (7) categories to facilitate the determination of taxes and fees. (b) NTFPs species and products not listed in the seven (7) groups shall be classified under the grouping of other species/products. SCHEDULE 4: FOR GROUPING OF SPECIES AND PRODUCTS Species Products examples 1 Fibrous/Ligneous products e.g. Bamboo, rattan, raphia palm, fibrous leaves, trunks and grasses 2 Food Products 1. Vegetable-based products: trunks, buds, roots, tubers, flowers, fruits, nuts, spices, oilseeds, and fungi. 2. Animal Products: bee honey, wild meat, snail, insects etc., 3 Medicinal Plants/herbs Leaves, bark, twigs, trunks, roots and flowers, seeds/fruits 4 Extractive Products Gum, resin, latex, Oleoresin, dye, fat oil 5 Specialty wood species/products Cam wood, Carved products from afzelia and Iroko, , turning, utensil, bowls, containers, 6 Construction products Rafter, Poles/Post 7 Biomass –based products Charcoal, Firewood, Bio-fuel 7 Other species/Products Tree species, toxic plants, wrapping leaves, Section 21. Unprocessed NTFPs Export Fees (a) Forest Used / Export Permits holders exporting unprocessed NTFPs (not restricted in section 24) shall pay NTFPs Export fee according to the following categories: wt Highlight 8 SCHEDULE 5: UNPROCESSED NTFPs FEE N o Species/Products % of FOB Unit Price 1 Fibrous Products 10 2 Food Products 10 Medicinal Plants: a. leaves, fruits. Seeds, nuts, flower 10 3 b. twigs, bark, trunks, roots 15 4 Extractive Products 10 5 Construction products ( Rafter, Poles/Post) 10 6 Specialty wood Species (cam wood, etc.) 15 7 Other Species and Products 7.5 Section 22. Semi-Processed NTFPs Export Fee (a) Forest Used/Export Permit holders exporting Semi-Processed NTFP Shall pay 5% of the cost of FOB unit value for each of the categories Section 23. Processed (Finished Products) NTFPs Export Fee (a) Forest Used Permit holder exporting manufactured/ processed/finished products out of Liberia shall pay to the Government 2.5% of the FOB unit value. (b) Forest Used Permit holder allowed exporting Biomass-energy Products including Firewood, Charcoal, bio-fuel etc. shall pay 10% of the FOB unit price. Section 24. Restricted NTFPs from Export. (a) Species that are gaining importance both on national and international markets and with potential to pose threats to their sustainability; (b) Species whose value-adding is advantageous to the development of the rural economy; (c) Products whose export will lead to shortage in supply for domestic consumption and increase in the price for the population; wt Highlight 9 (d) The species in this section shall include but not limited to the following: 1. Un processed Rattan species 2. Unprocessed Raphia palm products; 3. Unprocessed Selected medicinal plants/animals 4. Wood Charcoal 5. Fuel wood Section 25. Processing Industry Permit (a) “ Processing Industry” as mentioned in this section shall be defined as any degree of processing facility to either undertake semi-processing or manufactured/finished products of NTFPs including carbonization of charcoal, bio-fuel production, Cottage industry, Handicrafts etc. (b) No one shall operate NTFPs processing Industry without permit under this section. (c) For ease of identification, NTFPs processing industry shall be classified into 3 major categories in this Regulation Unless otherwise: i. Village-level handcrafts/household crafts ii. Cottage Industry iii. Industrial Processing (d) Village-level craftsmen shall be free from processing industry permit fee but should be registered with the local authority for statistical purpose (e) Operators of Cottage industry shall obtain NTFPs processing permit from the Authority and pay to the Government annual fee of seventy (U$D 75.00) United States Dollars. (f) Operators of Industrial Processing Facility shall obtain NTFPs processing Permit from the Authority and pay to the Government annual operational fee of three hundred and fifty United States Dollars (U$D 350.00) (g) Fees under this section are due on the date the industry commences operation and on each anniversary date of the following years. Section 26. Quantity of Products exempted from fees/charges (a) The quantity of products in Schedule 6. below are exempted from all taxes and charges; 10 (b) All NTFP enroute shall NOT be taxed as long as the quantity does not exceed that in the schedule 6 Appendix VI (c) All NTFP species/products destined for education, training and research purposes. However, such products shall be accompanied by document duly signed by the Authority; Section 27 to 28. Reserved PART FOUR: NTFPs SUSTAINABILITY MEASURES AND COMMUNITY’S BENEFITS Section 29. Silvicultural measures (a) The Silvicultural measures for NTFPs shall only be applicable in forested land where the contract holder has been granted a forest use permit by the Authority (b) To maintain the perpetuation of NTFPs resource base, anyone with the intention to commercialize any of these resources within any sustainable forest management area and the species are threatened of extinction , shall make a legal commitment to provide silvicultural prescriptions. (c) All silvicultural prescriptions undertaken for NTFP regeneration/cultivation /domestication shall be done in consultation and collaboration with the local communities and with technical advice from the Authority. (d) All NTFP species to be used for propagation/cultivation shall be of indigenous types. Any exotic species to be cultivated shall meet the approval of the Authority and EPA. (e) Sustainable use of NTFPs at community level whether under a Forest Use Permit or by community members will fall under the purview of the Community Forestry Management Body to be defined in the Community Rights Law for Forest Lands which is mandated in the Forest Reform Law (2006) Section 30. Specific NTFP species for Silvicultural Prescriptions: (a) Any NTFPs whose regeneration and maturity for next harvest is difficult to attain; 11 (b) Any NTFP species of which the harvest requires the removal/felling of the entire standing species; (c) NTFP species that is threatened of extinction in a particular locality (Rattan species); (d) Specialty wood species (e.g. Cam wood and other wood species used for carving, bark used for culinary medicines, roots of medicinal- based, etc.). Section 31. Community’s Benefits: As the NTFPs are largely natural- forest- oriented and the rural communities’ livelihoods sustenance are dependent on the forest resources, it is paramount that the NTFPs harvesting and commercialization respect their concerns; (a) All NTFPs processing Industries shall be located within the affected communities; (b) Preference for labor recruitment in extraction and processing industry shall be given to the local community members; (c) As community’s benefits, any one harvesting NTFPs under a Forest Use Permit from a particular community shall pay the equivalent of 25% of the harvesting fee to the Community Development Committee or Community Forestry Management Fund to be defined in the Community Rights Law for Forest Lands which is mandated in the Forest Reform Law (2006). (d) No Waybill shall be given to any NTFP traders/buyer except he /she produce a duly signed payment receipt from the community’s Development Committee or Community Forest Management Body as defined in the Community Rights Law for Forest Lands which is mandated in the Forest Reform Law (2006).. The copy of this receipt must be recorded together with the haulage waybill to every FDA manned Check point. (e) 30% of revenues from fines collected from FDA resulting from information provided by communities will be returned to the Community Development Committee or Community Forestry Management Fund to be defined in the Community Rights Law for Forest Lands which is mandated in the Forest Reform Law (2006) Section 32 to 34. Reserved wt Highlight 12 PART FIVE: ABANDONED NTFPS, OFFENSES AND PENALTIES Section 35. Abandoned NTFPs: All NTFPs harvested or processed for commercial purpose from the forest shall be immediately removed to a storage facility or dispose off in order to avoid deterioration and waste of the forest resource. (a) Any NTFP harvested, but not removed from the area of harvest for more than two consecutive months shall be declared by the Authority as abandoned; (b) Any consignment of NTFPs transported and stored in a depot for commercial purpose unprotected from rain or any agent that will cause it to deteriorate for more than three consecutive months shall be declared Abandoned by the Authority; (c) All processed NTFPs shall be allowed to be stored for a period not more than six months. Otherwise, it will be declared as Abandoned; (d) All NTFPs destined for export but are stored at export depot shall be removed within three months. After this period, they will be declared Abandoned; (e) All abandoned NTFPs owners shall be serve a written letter of notice by the Authority to remove all products within a period of two weeks; (f) All Abandoned NTFPs shall be auction by the Authority and the fund be deposited into Government revenue account. The owner of the abandoned product shall be given a copy of the flag receipt for the auction product. Section 36. Offenses and Corresponding Penalties a) Any NTFP Forest Use Permit holder , processor, trader, transporter, exporter that violate any of the sections of the regulation or commit any of the below mentioned offenses shall be subject to imposition of monetary fines, forfeiture of property, termination of contract, invocation of permit and other measures by the Authority. These include but not limited to the following in the table below: 13 �� !"�� !"��#�� $��"��%� �� &'��"�� (� �� ) ��*� +�� ,� �� &'� �� !"��+�� &'�� "�� .� /�� "��*� � �� "�� &'��"�� 0� 1 �$�� "�� 2� ��34� �� *� � �� "�� 5� �� $�� "�� $�� 6� + �� "�� 7� 8�� $�� $�� $�� +� �� $�� "�� *� � ��9�� 9�-� ��"�� "��:�&'��;� �� +�� <�� =� �� 8�$� ��=� �� 4� �� "�� ;�+��> � ��'�� %� ��$�� $�� +�� $�� $�� $�� +��8��# ��# �� 8��# ��: 770;�� 14 Section 37 to 40. 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Regulation No. 111-08 Regulation on the Commercial and Sustainable Extraction of Non-Timber Forest Products (NTFPs) (FDA Regulation No. 111-08)

عن هذا القانون

أين تقرؤه

النص

part 1