Ask a conservation officer

[Lee Borgersen]

   Ask a Conservation Officer:

      Can you harvest ferns.


Written By: Jake Willis is a Minnesota State Conservation Officer covering the Brookston Station.  | Aug 4th 2019 - 7am.





 

 


Q: Can you harvest ferns from your own property and sell them?




 


  .....
A: Minnesota Statute 88.641 sub 1b defines decorative materials as forest products that are collected or harvested from growing coniferous or deciduous trees, bushes, saplings, seedlings, shrubs, or herbaceous plants, including the tops, branches, or other parts cut from any of the foregoing, untrimmed or in their natural condition, intended to be sold or used for decorative purposes.


  .....
 Since a fern would most likely fall under herbaceous plant it would be considered decorative material by statute. Therefore, MS 88.642 regulates the harvest, transport, and sale of these items. Subdivision 1 is lengthy, but to narrow it to the applicable sections to answer this question the statute requires written consent to be obtained and carried by any person cutting, harvesting, removing, possessing, or transporting more than 100 pounds of decorative materials. If someone is just harvesting a small amount of ferns from their own property, there is no requirement in this to carry written permission.


  ...
Subdivision 3 requires states that no person, common carrier, bough buyer, or authorized agent shall purchase or otherwise receive for shipment or transportation any decorative materials without recording the seller’s name and address along with the written consent form. So make sure whoever is buying them from you is recording this information.


  .....
Rarely do we deal with people who are harvesting ferns or like materials. The most similar issue we deal with frequently in this area is illegal harvesting/transportation of tree tops and pine boughs. There is a high incidence of non-compliance with these regulations, and there are people making a lot of money on these resources. Some are harvesting legally aside from not carrying the required paperwork, but many are stealing from public land and selling to unknowing or sometimes intentionally dishonest dealers.

  ...
Any time there is a chance to make money from our natural resources there is a likelihood that someone will take advantage and try to skirt the rules This not only hurts the resource but steals from the citizens of Minnesota, which is why natural resource laws exist.

[Gunner55]

We see a lot of pine boughs harvested around here & I bet quite a few of 'em are doin it illegally. We are only ~ 3 miles from a native village & on the Leech Lake Rez.

[glenn57]

We see a lot of pine boughs harvested around here & I bet quite a few of 'em are doin it illegally. We are only ~ 3 miles from a native village & on the Leech Lake Rez.

oh we know you know alot about that village!!!!!!!!!!!!

same up by us gunner...........we see alot of bough cutters and not on private land either!!!!!!!!!!

the former owner of the spring lake store did make really nice christmas wreaths with them. if i felt the wifey was nice i'd get her a couple wreaths from there.

[Gunner55]

One of the places down there actually has a sign up as a buyer & has a semi trailer parked in the yard a lot that time of year. I'd think he'd probably be legit t but I'm not so sure those bringin 'em to him all are though

[LPS]

I was told once that natives can cut on public lands any time they want.  ???

[glenn57]

another thing that frustrates me up there is cutting firewood. you need a permit to cut firewood and you can only do it on or in what they call blowdown areas. or on your own property. oh i get why,  you'll have morons cutting down live trees, but man all the trees toppled over and going to waste irks me. keep in mind personally i like the popple and pine for simple campfires so its not like i need to find birch or oak or maple for heat.

[Gunner55]

I was told once that natives can cut on public lands any time they want.  ???

They probably can but I'd bet there's some doin it on private land though too. 

[LPS]

Even with all of the logging up here they still estimate about 60% of the trees just die and rot away bringing no revenue.  The do replant some of the places that they log.  Others just regrow naturally. 

[Gunner55]

I shouldn't complain for as long as we've been here(63-64) there's never been a problem.