ЗRegistered in the Ministry of Justice of Russia on April 16, 2012 N 23849
FEDERAL FORESTRY AGENCY
ORDER
dated December 5, 2011 N 511
ON APPROVAL OF THE RULES
FOREST FOOD PROCESSING AND HARVESTING
MEDICINAL PLANTS
Вin accordance with article 34 of the Forest Code of the Russian Federation (Collected Legislation of the Russian Federation, 2006, N 50, Art. 5278; 2008, N 20, Art. 2251, N 30 (part I), Art. 3597, Art. 3599, N 30 (part II), art. 3616, N 52 (part I), art. 6236; 2009, N 11, art. 1261, N 29, art. 3601, N 30, art. 3735; N 52 (p. I), Art. 6441; 2010, No. 30, Art. 3998; 2011, No. 1, Art. 54, No. 25, Art. 3530, No. 27, Art. 3880, No. 29, Art. 4291, No. 30 (part . I), Art. 4590) I order:
уto reiterate the attached Rules for harvesting food forest resources and collecting medicinal plants.
Leader
V. N. MASLYAKOV
Approved
by order of the Federal
forestry agencies
dated 05.12.2011 N 511
REGULATIONS
FOREST FOOD PROCESSING AND HARVESTING
MEDICINAL PLANTS
I. General Provisions
1. These Rules for the procurement of food forest resources and the collection of medicinal plants (hereinafter referred to as the Rules) are developed in accordance with Article 34 of the Forest Code of the Russian Federation (Collected Legislation of the Russian Federation, 2006, N 50, Art. 5278; 2008, N 20, Art. 2251; N 30 (part I), art. 3597, art. 3599; N 30 (part II), art. 3616; N 52 (part I), art. 6236; 2009, N 11, art. 1261; N 29 , Art.3601; N 30, Art. 3735; N 52 (part I), Art. 6441; 2010, N 30, Art. 3998; 2011, N, Art. 54; N 25, Art. 3530; N 27 , art. 3880; N 29, art. 4291; N 30 (part I), art. 4590) (hereinafter - the Forest Code of the Russian Federation) and regulate relations arising from the procurement of food forest resources and the collection of medicinal plants, with the exception of harvesting and collecting these types of resources for the citizens' own needs.
2. Harvesting of food forest resources and collection of medicinal plants are business activities related to the removal, storage and removal of such forest resources from the forest.<*>.
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<*> Часть 1 статьи 34 Of the Forest Code of the Russian Federation.
3. To food forest resources, the harvesting of which is carried out in accordance with the Forest the code Of the Russian Federation, includes wild fruits, berries, nuts, mushrooms, seeds, birch sap and similar forest resources <*>.
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<*> Часть 2 статьи 34 Of the Forest Code of the Russian Federation.
4. Citizens and legal entities harvest food forest resources and collect medicinal plants on the basis of forest lease agreements <*>.
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<*> Part 3 of Article 34 Of the Forest Code of the Russian Federation.
5. Failure by citizens, legal entities that use forests to comply with the forestry regulations and the forest development project is the basis for early termination of lease agreements for a forest plot <*>.
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<*> Part 2 of Article 24 Of the Forest Code of the Russian Federation.
6. Harvested food forest resources and medicinal plants are, according to part 1 of article 20 Of the Forest Code of the Russian Federation, the property of the lessee of the forest area.
7. Citizens and legal entities that have been granted the right to use forests for harvesting food forest resources and collecting medicinal plants must apply methods and technologies that exclude the depletion of available resources.
8. Harvesting of food forest resources and collection of medicinal plants may be limited in accordance with со article 27 Of the Forest Code of the Russian Federation.
9. In areas contaminated with radioactive substances, the harvesting of food forest resources and the collection of medicinal plants may be limited or prohibited in accordance with the procedure established by the legislation of the Russian Federation. <*>.
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<*> Resolution Government of the Russian Federation of December 25, 1992 N 1008 "On the regime of territories exposed to radioactive contamination as a result of the disaster at the Chernobyl nuclear power plant" (Collection of acts of the President and the Government of the Russian Federation, 1993, N 5, art. 387; Collection of laws of the Russian Federation, 1996, 13, Article 1365).
10. Citizens are prohibited from harvesting and collecting mushrooms and wild plants, the species of which are listed in Red Book Of the Russian Federation, red books of the constituent entities of the Russian Federation, as well as mushrooms and wild plants, which are recognized as narcotic drugs in accordance with the Federal by law of January 8, 1998 N 3-FZ "On narcotic drugs and psychotropic substances" (Collected Legislation of the Russian Federation, 1998, N 2, Art. 219; 2002, N 30, Art. 3033; 2003, N 2, Art. 167; No. 27 (Part I), Art. 2700; 2004, No. 49, Art. 4845; 2005, No. 19, Art. 1752; 2006, No. 43, Art. 4412; No. 44, Art. 4535; 2007, No. 30 , Art. 3748; N 31, Art. 4011; 2008, N 30 (part I), Art. 3592; N 48, Art. 5515; N 52 (part I), Art. 6233; 2009, N 29, Art.3588, Art.3614; 2010, N 21, Art.2525; N 31, Art.4192; 2011, N 1, Art.16, Art.29; N 15, Art.2039) <*>.
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<*> Part 3 of Article 11 Of the Forest Code of the Russian Federation.
11. These Rules apply to all forest areas of the Russian Federation.
II. Rights and obligations of citizens, legal entities,
using forests for harvesting food
forest resources and collection of medicinal plants
12. Citizens, legal entities using forests for harvesting food forest resources and collecting medicinal plants have the right:
use forests in accordance with the terms of the lease agreement for the forest area;
create according part 1 of article 13 Forest Code of the Russian Federation forest infrastructure (forest roads, timber yards, etc.);
place according part 4 of article 34 Of the Forest Code of the Russian Federation on the provided forest plots dryers, mushroom farms, warehouses and other temporary buildings;
have other rights if their implementation does not contradict the requirements of the legislation of the Russian Federation.
13. Citizens, legal entities using forests for harvesting food forest resources and collecting medicinal plants are obliged:
draw up a forest development project in accordance с part 1 of article 88 & nbsp; of the Forest Code of the Russian Federation;
comply with the terms of the lease agreement for the forest plot;
carry out sanitary and recreational activities (felling of dead and damaged forest plantations, cleaning forests from littering, pollution and other negative impacts) in accordance withс paragraph 4 of part 1 of article 55 Forest Code of the Russian Federation;
comply with the requirements paragraph 13 Fire safety rules in forests, approved by the Government of the Russian Federation of June 30, 2007 N 417 (Collected Legislation of the Russian Federation, 2007, N 28, Art. 3432; 2011, N 20, Art. 2820; 2012, N 6, Art. 671);
in accordance with part 2 of article 26 Of the Forest Code of the Russian Federation to submit annually the declaration;
in accordance with part 1 of article 49 Of the Forest Code of the Russian Federation to represent report on the use of forests;
in accordance with part 1 of article 60 Of the Forest Code of the Russian Federation to represent report on the protection and protection of forests;
in accordance with part 4 of article 91 Of the Forest Code of the Russian Federation to submit to the state forest register in the prescribed manner the documented information provided for by part 2 of article 91 Forest Code of the Russian Federation;
fulfill other obligations stipulated by the legislation of the Russian Federation.
III. Requirements for the procurement of certain types of food forest
resources and collection of medicinal plants
14. Harvesting of wild fruits and berries is carried out strictly on time. The timing of harvesting wild fruits and berries depends on the time of the onset of mass ripening of the crop.
Cutting of fruit-bearing trees and pruning of branches for harvesting fruit is prohibited.
15. The walnut harvesting methods are specified in the lease agreement for the forest plot.
When harvesting nuts, it is prohibited to cut trees and bushes, as well as to use methods that damage trees and bushes.
Citizens, legal entities to whom forest plots are leased for harvesting nuts, ensure the safety of walnut plantations.
16. The harvesting of mushrooms should be carried out in ways that ensure the safety of their resources.
17. Harvesting birch sap is allowed in mature forest areas not earlier than 5 years before felling.
The harvesting of birch sap is carried out by the tapping method in the plantings where selective felling is carried out, it is allowed from the trees planned for felling.
For tapping, areas of healthy woods of I - III quality classes are selected with a completeness of at least 0.4 and the number of trees per hectare at least 200 pieces. Trees with a diameter at a chest height of 20 cm or more are prescribed for tapping.
The canal is drilled at a height of 20 - 35 cm from the root collar of the tree. In cases when two or more tapping holes are made on a tree, they are located on one side of the trunk at a distance of 8-15 cm from one another, so that the juice flows into one receiver.
When determining the load rate of a tree, that is, the number of channels drilled in it, it is recommended to be guided by the following indicators:
┌─────────────────┬────────────────────────┬──────────────────────────────┐
│ Diameter │ Number of channels at │ Note │
│ tree on │ tapping │ │
│ chest height, │ │ │
│ cm │ │ │
├─────────────────┼────────────────────────┼──────────────────────────────┤
│ 20 - 22 │ 1 │One year before felling it is allowed │
├─────────────────┼────────────────────────┤tapping of trees with diameter │
│ 23 - 27 │ 2 │16 cm at the following rates │
├─────────────────┼────────────────────────┤load: │
│ 28 - 32 │ 3 │16 - 20 cm - 1 channel │
├─────────────────┼────────────────────────┤21 - 24 cm - 2 channel │
│ 33 и более │ 3 │25 см and more - 3 channels │
└─────────────────┴────────────────────────┴──────────────────────────────┘
After the end of the tapping season, the holes should be smeared with gum paste or closed with a wooden stopper and covered with pitch, garden putty or clay with lime to prevent tree diseases.
In subsequent years, the canals are drilled at the level of the canals of the first year of tapping with an interval of 10 cm in one direction or the other around the circumference of the tree trunk.
The harvesting of birch sap should be done in ways that ensure the preservation of the technical properties of wood.
18. Harvesting of other types of food resources should be carried out in ways that do not worsen the condition of their thickets. It is forbidden to uproot plants, damage leaves (fronds) and rhizomes.
The raw material for bracken fern is harvested at one site for 3 - 4 years. This is followed by a break to restore the thicket: with a one-time (per season) collection of raw materials - 2 - 3 years, two-time - 3 - 4 years.
19. Harvesting of medicinal plants is allowed in volumes that ensure timely plant restoration and reproduction of raw materials.
Re-collection of raw materials of medicinal plants in the same thicket (land) is allowed only after the complete restoration of stocks of raw materials for a particular plant species.
In the absence of data on the timing of re-procurement of raw materials for any type of medicinal plant, it is recommended to be guided by the following:
harvesting of inflorescences and above-ground organs ("grass") of annual plants is carried out on one thicket once every 2 years;
aboveground organs ("grass") of perennial plants - once every 4 - 6 years;
underground organs of most types of medicinal plants - no more than once every 15 - 20 years.