Those type of laws could benefit or hurt the digger. If they have permission on one persons land but are digging on someone else, how will the authorities be able to tell where the seng was dug? The digger can just say it was all dug on the persons land where they had permission. It does sound like at least an attempt to help the land owner.
Unfortunately you are correct, criminals will always look for ways to break the law and not get caught. On the positive side, at least it shows that the authorities understand the seriousness of the problem and are willing to prosecute illegal ginseng digging and sales. And it?s nice to know that at least in Ohio if someone makes the effort and investment to put up game cameras and gets hard evidence against Ginseng poachers, that the authorities will take it seriously. I mean I can see it from the police side too; a land owner comes in and gives you a picture of a man digging up a plant in the middle of the woods, does that go on the top of his pile of cases (probable not). With high visibility state wide prosecutions going on, it brings awareness of the severity and probable more willingness to pursue these cases.
Please don't get me wrong. I am in total agreement with you in that any and all eforts to help protect the landowners rights is great by me. There has been poaching probably as long as there has been digging and I am all for putting a stop to it.
Glad we can all agree, this precious resource rightfully belongs to the land owner.I know many land owners in the area, and know of none who have ever given anyone permission to dig seng!
The quest for seng has always been almost a secret society, everybody has some but can't tell you where it came from!
Many under the ideas of hunting mushrooms or bow hunting deer
on a property, find it early or later when the season starts and most will not mention to anyone his discovery! And think for some reason the owners do not need to know they have it on their land.
So........the circle goes round
I was told by one of the locals that the roots can identify the soil it grew in...?
There are microchips on the market (fairly cheap) that can be rubbed into the root (of course you have to dig up a few roots and then replant after) that can identify the seng no matter where it goes in the world if someone has the reader.I have not had any experience with this technology myself and only know of it in passing jibjab back and forth with other seng growers.
As long as one of the chips remains on the seng, it can be tracked.
As a conservation officer, I can tell you that if video evidence exists of a person digging up ginseng on a certain property, then ginseng they are found with will be charged to that particular case. It is now a Federal crime.
That is how I would prosecute the matter, and I am very interested in this, because someone has been poaching ginseng in my jurisdiction, and we are planning on setting out trail cams to catch them in the act.
Analyzing soil samples can be done, but it's like asking for DNA analysis on that cheeseburger that you swore the burger boy spit in. It's up to you to spend the cash for the test. Do you have 5 grand to throw out for the testing?
That sounds fantastic! How much proof or whatever do you need to claim it is on your property? Land marks, etc? I am sure their lawyer would say it is somewhere else. I am glad to see this is federal. Maybe, just maybe, poaching can be curtailed. Thanks for the info.
If you have photographic evidence, and this can be either video or trail cam, it will seal your case.
Let's say that you are blindfolded and taken to a remote spot on your own land. The blindfold is removed and you can immediately recognize where you are. Why? Because you know the trees. There is no way to duplicate one square foot of woods anywhere else; it is impossible.
Therefore, there is no way that the accused can claim the pics were taken elsewhere, when you can take the jury to the location and show them. All it takes is one trail cam pic of them digging ginseng on your land. I'll guarantee you that the DA will assume that all ginseng found on their person or sold by them, will have your name on it.
That is what makes this investigation so crucial to other states.