Cutting or removal of harvest restricted plants for their by-products, fiber or wood; procedures; exceptions

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3-907. Cutting or removal of harvest restricted plants for their by-products, fiber or wood; procedures; exceptions

A. The division shall provide harvest or wood permits, and wood receipts with each wood permit, authorizing the taking, transporting or possessing of harvest restricted native plants cut or removed for manufacturing or processing purposes, for their by-products, fiber or wood. It is unlawful for a person to take, transport or possess such a plant for its by-products, fiber or wood if he is not in possession of a permit and any required receipt. A permit or receipt is not transferable by the permittee or his agent, nor may it be used by anyone other than the person to whom it was issued, except that the permittee shall transfer the receipt to the purchaser as proof of ownership of the wood covered by the receipt.

B. A person in possession of a valid permit for the removal of dead plants, wood, fiber or other by-products issued by the United States department of agriculture or the United States department of the interior from lands under the administration of the United States forest service or the United States bureau of land management is exempt from the permit required by subsection A.

C. This chapter shall not be construed to prohibit any person from cutting, removing, transporting or possessing any harvest restricted native plant or part for manufacturing or processing purposes in amounts of one hundred pounds or less, or any such plant or part as wood in amounts of two cords or less in quantity from land owned or leased by that person, other than state-owned land or other public land, or from land if the owner has given written consent to the person to cut, remove, transport or use the plant, or its fiber or wood.

D. This section does not apply to the use of dead wood for branding fires or at permissible camping or cooking sites for camping or cooking fires or cutting, removing, transporting or possessing dead harvest restricted plants or the dead parts from such plants from land owned or leased by that person.


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