| 'Log rules' tool against
timber theft Private forest landowners got a new
set of tools to help in marketing their timber, with
adoption of a set of rules mandating a paper trail
recording the harvest, transportation, and ultimate sale
of timber.
The rules were adopted in January by a committee under
auspices of the Louisiana Office of Forestry, as a
protection against timber theft.
Implications of the new rules were discussed by
Enforcement Officer Tom Trahan of the Office of Forestry
during a landowners forum in Ruston last month. The
complete text of the rules is published below, for
information of landowners and professionals involved in
the harvest and transporting of timber.
Title 7
Agriculture and Animals
Part XXXIX, Forestry
Chapter 15. Timber Harvesting and Receiving Records
§1501. Loaders Log: Required Information;
Distribution; Maintenance or Records
A. Loaders Log must be kept on all
timber harvesting sites. On any per-unit sale, upon
completion of the harvest, the purchaser must provide the
timber owner a copy of the loaders log. Loaders log must
be maintained for a period of four years.
B. Each loader log must contain the
following information:
1. loader make and model-each loader used must be
identified on the loaders log book by make and model;
2. load number-each load of timber leaving a cutting site
must be assigned a load number. Load numbers for each job
site must be in sequence;
3. parish/county and state-the parish or county and state
where the timber was severed;
4. landowner's name-the name of the owner of the land
where the timber is being severed. On multiple ownership
land, the name of the estate, corporation, or what the
site is commonly known as, may be entered. On industrial
lands, the company tract number may be listed;
5. date and time-the date and time the forest product is
loaded on the truck;
6. product-the forest product type must be clearly
identified, for instance pine log, pine pulp hardwood
log, hardwood pulp, chip and saw, poles. The following
symbols may be used; PL-pine logs; PP-pine pulp;
HWL-hardwood logs; HWP-hardwood pulp; C&S-chip and
saw. Any other forest product must be written out. The
severance tax code may also be used to identify the
product;
7. destination-the first wood-receiving facility that the
forest product is being transported to;
8. loader's name-the name of the individual loading the
timber. Name must be as shown on the loaders drivers
license. Must be printed and legible;
9. driver's name--the name of the driver transporting the
load. Name must be as shown on the drivers CDL. Must be
printed and legible.
AUTHORITY NOTE: Promulgated in accordance with
R.S.3:4278.
HISTORICAL NOTE: Promulgated by the Department
Agriculture and Forestry, Office of Forestry, Forestry
Commission, LR 26:31 (January 2001).
§1503. Scale/Load
Tickets: Required Information;
Distribution; Maintenance or Records
A. Information required by the scale
ticket regulations may be kept on a load ticket provided
that the scale ticket can be cross referenced to the load
ticket. When both are used, the load ticket and scale
ticket must be maintained for a period of not less than
four years.
B. On any per-unit sale the purchaser of
the timber must provide the timber owner hard copies of
the scale tickets relating to any partial or final
settlement made during the course of the harvest. Mill
generated settlement sheets may be provided to the timber
owner in lieu of a copy of the scale ticket provided it
includes the load number, scale ticket number, date and
time, product and species description, volume and/or
weight.
C. Each scale ticket must contain the
following information:
1. scale ticket number--each scale ticket issued at a
wood receiving facility must be numbered;
2. parish/county and state--the parish/county and state
where the timber was harvested;
3. date and time--date and time that the forest product
was received (required on scale ticket only);
4. type and quantity of forest product delivered;
a. type--description of forest product received;
b. quantity--board feet, tonnage, or cords; (The
following items must be documented on a scale ticket or
documented on a load ticket that can be cross referenced
to the scale ticket)
5. timber owner's name--owner or owners of timber at the
time it was severed. On a per-unit sale the seller must
be listed as the timber owner;
6. landowner--name of the owner of the land where the
timber was severed. On multiple ownership land, the name
of the estate, corporation, or what the site is commonly
known as, may be entered. On industrial lands, the
company tract number may be listed;
7. producer--company or individual who is responsible for
harvesting the timber;
8. load number--the load number designated by the loaders
log book;
9. driver's signature--signature of driver delivering the
forest product. Must be legible and as shown on the
drivers CDL.
D. Restrictions. Wood-receiving
facilities cannot accept any load of timber unless all
information required by these regulations is provided at
the time of delivery.
AUTHORITY NOTE: Promulgated in accordance with
R.S.3:4278.3.
HISTORICAL NOTE: Promulgated by the Department
Agriculture and Forestry, Office of Forestry, Forestry
Commission, LR 26:31 (January 2001)
§1505. Access
Requirements
A. Each person, business or entity that
harvests, loads, carries, or receives wood shall permit
any commissioned officer or other authorized agent of the
Department of Agriculture and Forestry, Office of
Forestry to examine records required by these
regulations. However, such records shall not be
reproduced by any such commissioned officer or other
authorized agent of the department, without the
permission of the possessor of the records unless copies
of records are required in connection with an ongoing
investigation of a specifically identified timber theft
or apparent violation of either R.S. 3:4278.3, these
regulations or both. The records required by these
regulations shall be considered confidential business
records and any copies obtained by the department, its
officers or agents shall remain such to the extent
allowed by law.
AUTHORITY NOTE: Promulgated in accordance with
R.S.3:4278.3.
HISTORICAL NOTE: Promulgated by the Department
Agriculture and Forestry, Office of Forestry, Forestry
Commission, LR 26:32 (January 2001)
§1507. Penalty for
Violations
A. In the event of a violation of R.S.
3:4278.3 or the regulations promulgated thereunder, the
maximum penalty allowed may be imposed after an
adjudicatory hearing held in accordance with the
Administrative Procedure Act. The Louisiana Forestry
Commission shall make an initial determination on the
matter. Their decision shall be submitted to the
commissioner in writing.
B. The commissioner shall make the final
determination on the matter. If the determination of the
commissioner differs the from commission, the
commissioner shall issue a written opinion based on the
record of the hearing.
C. Appeals from rulings of the
commissioner shall be taken in accordance with the
provisions of the Administrative Procedure Act.
AUTHORITY NOTE: Promulgated in accordance with R.S.
3:4278.3.
HISTORICAL NOTE: Promulgated by the department
Agriculture and Forestry, Office of Forestry, Forestry
Commission, LR 26:32 (January 2001).
Bob Odom, Commissioner
|