Regulation banning export of selected species as logs (FDA Regulation No. 18)

WHEREAS, the Authority notes with concern that large quantities of Niangon logs (including small sizes) have been extracted from the forest and exported, thus threatening the sustained the regeneration of this species; and WHEREAS, the FDA seeks to encourage the sustainability of this species through economic and silvicultural measures; and NOW, THEREFORE, the Forestry Development Authority does hereby rule and regulate that the export size of niangon logs be restricted relative to the required minimum diameter. SECTION I: DEFINITIONS: Niangon Logs: Felled trees or sections of felled trees of Niangon not in processed forms. Minimum Diameter: The Lowest diameter measured at the smaller end of the log. SECTION II: REQUIRED EXPORT SIZE OF NIANGON LOGS: The required export size of all Niangon Logs shall henceforth measure minimum diameter of sixty (60) centimeters at the smaller end. That is, all Niangon Logs designated for export shall measure sixty (60) centimeter for above at the smaller end irrespective of first, second of third logs. SECTION III: PENALTY: Where a producer/exporter contravenes the provision of this regulation, the following, penalties shall be applied against the producer/exporter: Any Niangon Log(s) below sixty (60) centimeters in diameter at the smaller end, transported to the port and designated for export shall be confiscated and publicly auctioned by the Authority, and such logs shall be processed locally. In the event that such log(s) have already been exported, the producer/exporter shall be charged one hundred percent (100%) of the F.O.B. value. This regulation shall become effective on October 1, 1989 and shall be published in the publish media and the FDA Newsletter. REGULATION NO. 18 REGULATION BANNING EXPORT OF SELECTED SPECIES AS LOGS WHEREAS, in Section 3 (c) of the Act creating the Forestry Development Authority approved November 1,1976 and published December 20, 1976, one of the major objectives is to stop needless waste and destruction of forest and associated natural resources and bring about the profitable harvesting of all forest products, while assuring that supplies of these products are perpetuated; and WHEREAS, Sections 4 (j) and (n) of the Act conferred on the Authority the power to promulgate rules and regulations required to ensure the accomplishment of all the polices and objectives of the Authority and the power to issue, amend and rescind Forestry Regulations; and WHEREAS, some tropical hard wood species of Liberia are being depleted and have declined in supply locally and international trade; and WHEREAS, it has become necessary to devise means to ensure sustainability of these species and protect the local construction and furniture industries industries which to a large extend depend on wood; and WHEREAS, the Authority encourages conservation measures to sustain the genetic resources base of the forest; and WHEREAS, Government seek to strength the local industrial base in the forestry sector enhance international trade in the lesser known species; and NOW, THEREFORE, the Forestry Development Authority does hereby rule and regulate that exportation of some selected species in the form of logs is banned henceforth; SECTION I: DEFINITIONS: Logs; Felled trees and sections of felled trees in unprocessed forms; Processed Wood: Trees felled and processed as sawn lumber, veneer, plywood, chips, chipboard, particle boards or in any form other than logs and boules. SECTION II: SPECIES INCLUDED IN THE BAN SCIENTIFIC NAME TRADE NAME Entandrophragma utile Sipo Entandrophragma candollei Kossipo Entandropragma/ cylindricum Sapele Entandrophragma angolense Tiama/Edinam Tieghimilia heckelii Makore Lovoa trihilioides/anthotheca Lovoa/Dibetou Khaya irorensis/anthotheca Khaya/Acajou Naucles diserrichii Kusia Triplochiton scleroxylyon Wawa/Obeche/Samba Aningeria robusta Aningre SECTION II: PENALTY Where a producer and/or exporter contravenes the provisions of this Regulations, the following penalties shall be applied against the producer/exporter: Any log(s) of the above species transported to the port and designated for export in the log form shall be confiscated and publicly auctioned by the authority, and such logs shall be processed locally. In the event that such log (0) have already been exported, the producer/exporter shall be charged one hundred percent (100%) of the F. O. B. value. This regulation shall become effective on October 1, 1990 and shall be announced in the public media and published in the FDA Newsletter. RATIONALE FOR FDA REGULATION NO. 18 (REGULATION BANNING EXPORT OF SELECTED SPECIES AS LOGS) HISTORICAL PERSPECTIVE Most of the ten tree species included in the export ban as log have been labeled the “PRIMARY SPECIES” by the industry at the turn of the century. This label of “PRIMARY SPECIES” which over the years have stuck on these species have more to do with the pioneering role of these species in the export timber trade in West Africa than with their excellent technical properties. The utilization of these tree species was vigorously promoted by producers and exporters in the European market as the best African tree species. Under the general trade name of “MAHOGANY” most of these tree species especially the red wood were exported to Europe in large volumes thus laying the foundation for the creaming of the tropical rain forest of West Africa. Meanwhile Europe got used to the so called mahoganies, and the creaming of these species from West Africa continued until recently when most of the West African countries began to initiate appropriate conservation measures. Liberia entered the picture in the early 1990s with the advent of organized commercial logging. As was the case in other West African countries, Liberia’s entry into the international timber trade had to start with the so called primary species which at that time accounted for over 80% of the total production and 100% of the export parcel. These species, especially the ENTANDROPHRAGMA species pioneered and stabilized Liberia’s participation in the export timber trade from the early 1960s to the late 1970s. In early 1980s Heritiera utilis (Niangon) and other species have made significant in-roads in the export market. Today the so-called primary species account for about 20% of the total log export. The relatively “new species” of Niangon, Tetra, Limbali, Framire and Didelotia account for about 63% of the total production and about 70% of the total log export. An update of the growing stock showed that the selected primary that the selected primary species have suffered some considerable depletion in the last 25 years, and further production should be closely monitored and restricted so as to ensure the sustained regeneration of these species. The FDA Regulations #17 and 18 are only the beginning of a series of conservation measures designated to restrict the production of these species, and encourage local processing into semi-finished and finished goods thereby promoting the Government policy of industrialization in the forestry sector of the economy. CONSERVATION MEASURES Over the years the conservation measure practices by the FDA are based on the sustainability of the forest resources. Regulation #17 and 18 are designed to further ensure the conservation of “WISE-USE” of the forest resources especially the ten selected species which by October 1, 1990 shall be banned from the export market as logs. Under these regulations, the rate of extraction of the affected species (so called primary species) will be reduces thereby affording ample time for natural regeneration to foster. Given the present state of the art in the industry, it is arguable that more industrial capacity needs to be installed to match the present level of extraction of the primary species. Until such time that the industry can fully adjust and make the necessary investment required for additional industrial capacity, the rate of extraction of these species will definitely by reduced. NATIONAL ECONOMY This restricted export of the ten so called primary species as logs as per Regulation #18 is bound to trigger a flurry of activities within the wood-processing sub-sector of the industry. Such flurry of activities will be in the area of new investment in processing plants and improvement of existing facilities. The sum total of the inter play of economic factors and the required investment in various mills (multiplier effect and economic linkages) will result to increased output of processed wood of higher value. Under normal circumstances, the attainment of increases productive capacity of high quality goods for export (More value added) in any economy is an indication of real industrial growth. In the case of the forestry sector of the economy, regulation #18 is a positive factor in the national effort to attain economic recovery and industrial growth. Export of such processed wood (more value added) means higher FOB value and more foreign exchange earned from the nation’s export trade. EMPLOYMENT OPPORTUNITIES/TECHNOLOGY &TRAINING With the anticipated new investment for more industrial output of processed wood, employment opportunities in the forestry sector are bound to increase. More jobs will be created by additional plant capacity that will be installed to cater for the processing requirements of Regulation #18. The installation of new equipment and machinery will add to the level of technological transfers to the nation with its attendant requirement of training for the work force. ENVIRONMENTAL ASPECT AND INTERNATIONAL CONCERN Environmental protection is today the most popular issue in the world. In Europe and North America, the issue of environmental protection has become the hottest political movement such as the Green Party in Germany, and the Environmental Defense Council in USA. In Africa several governments continue to express concern on the environmental problems of today, and recently ECOWAS sponsored a Conference in Liberia on Environment and Toxic Waste. In certain quarters within-off the Debt of Third Word countries that promote the practice good forest conservation measures. In effect, the international community is united in the global effort to conserve the forest and other natural resources of Mother Earth. Liberia is not exception to this noble international endeavor to conserve forest resources. The FDA Regulation # 18 is therefore a positive move and one of the several conservation measure designed to ensure sustained production of wood products for both local and international markets. In addition, Liberia is a member of several international organizations and party to several international conventions measures adopted in Liberia are in inconsonance with the objectives of these international organization (UNEP, UNDP/FAO, IUCN, ITTO, ATO, EXOWAS etc.). Most countries within the range of tropical rain forest belt have carried out conservation measures restriction log export. Such countries are ASIA: Philippines, Malaysia, Thailand, India, Pakistan, Papua New Guinea; AFRICA: Ghana, Ivory Coast, Liberia, Nigeria, Guinea, Tanzania, Kenya; SOUTH AMERICA: Brazil, Costa Rica, Panama, Honduras, Elsalvador, Peru, Bolivia, Columbia etc. REGULATION NO. 19 REGULATION ON SUSTAINABILITY OF THE RESOURCES BASE FOR FUEL WOOD AND CARCOAL PRODUCTION WHEREAS, the Act creating the Forestry Development Authority approved November 1, 1976 and published December 20, 1976 laid down as one of the primary objectives of the FDA to stop needless waste and destruction of the forest and associated natural resource and to bring about the profitable harvesting of all forest products while assuring that supplies of these products are perpetuate (Section 3c); and WHEREAS, the Authority has been charge in Section 3 (d) of the Act with the responsibility to correlate forestry to all other land use and adjust the forest economy to the overall national economy; WHEREAS, (Section 4j) of said Act empowers the FDA to promulgate rules and regulations from time to time to ensure the implementation of the policies and objectives of the Authority; and WHEREAS, Regulation No. 5 Section 7.1 (Forestry Consultancy) stipulates that upon request of the owner, FDA shall, if possible, also render consultancy services to the owner in all other aspects of the management and utilization of the owner’s forest land and forest resources, including but not limited to, the hiring of qualified staff, the organization of operations, the acquiring, use the maintenance of machinery, the processing and marketing of forest products; and