Edit Policies and instruments: Mushroom regulation in Forest Act

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Name of the policy ?:	Mushroom regulation in Forest Act
Year ?:
Policy area ?:	Agriculture and Rural Development Biodiversity and endangered species policies Food safety Forestry Fruit and vegetable regime Intellectual property rights Plant health and biosecurity Product labelling and packaging Research Programmes Green public procurement
Affected actors ?:	Consumer Landowner/land manager Picker/harvester/hunter Processor Producer/beekeeper Retailer SME Wholesaler
Affected activity ?:	Harvesting/Production Innovation/R&D Marketing/trade SME Use/consumption
Products ?:	All NWFP Bark/cork Berries Christmas trees Foliage Fruits Game Herbs/plants Honey and Bee products Minor fauna Moss Mushrooms/truffles Nuts Other NWFP Resin Vegetable NWFP
Subject ?:	Access Edible NWFP Forests NWFP Nature conservation
Zone ?:
Countries ?:
Regions ?:
Focus ?:	Direct Indirect
Document category ?:	Action plan Convention Directive Fiscal law Fund Instrument Law Policy Programme Regulation Report Resolution Strategy
Instrument type ?:	Regulatory Economic Information
Legal status ?:	Binding Non-binding
Source link:
Full reference ?:
Geographical scope ?:	Local Regional National International
Initiator ?:	Private Public Public/private
Description ?:	'''Brief description of the instrument and its modus operandi''' Specifies what should be understood as the allowable quantity of “recreational mushroom picking” '''Which problem the instrument is supposed to solve?''' Before there was uncertainty: Mushroom picking was not publicly allowed under the RFG 1852 (Reichsforstgesetz) and the following Forest Act 19Yes and it was not regulated in the Forest Act 1975 BUT it was always a common practice and tolerated. Formally, any gathering in the forest was bound to the consent of the owner. With the new Forest Act 1975 the free access for the public for recreational purposes was established but recreational picking not regulated. It therefore remained ambiguity about what is a tolerable use (mushroom picking). '''Purpose or main objective / overall goal of the instrument?''' To allow recreational picking but to protect the owners’ rights (ownership of the products) at the same time. '''Side objectives/goals of the instrument?''' To protect the mushrooms against overharvesting (is stated in the explanatory text to the law). '''Which laws and regulations support the implement of this instrument?''' No additional specific regulation but it relies on the basic definition of land owners’ property rights (§§ 354, 405 ABGB). '''The initiator/promoter of the instrument?''' Government agency '''Which organizations are involved in the operationalization of the instrument?''' Forest authority '''How the monitoring is ensured?''' Supervision by owners and police. '''How the compliance is ensured?''' Supervision by owners and police. '''How is the overall performance of the instrument?''' Goal 1: Allow for recreational use: successful. // Goal 2: protect PR of owners: only partly successful. 1)Large-scale commercial picking is restricted but there is still much on the grey market/black market from small-scale picking. 2) It is not possible that the owner prohibits the picking and sells licences. This would be in the PR of the owner but has no acceptance by the public. '''Brief description of the context for the emergence of the instrument''' Perceived right of the public for recreational use of forest and of the so-called “minor forest uses” for local people. The outcry/conflict was on the side of the local land-less population against the “aristocratic” large-scale land-owners. '''Have any of the items mentioned above changed since the instrument entered into force?''' No '''Is there any qualitative or quantitative study of the impacts of the instrument?''' No
Class ?:	Policy Instrument

Summary:

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Affected actors	Landowner/land manager + and Picker/harvester/hunter +
Class	Instrument +
Countries	Austria +
Encodedname	Mushroom_regulation_in_Forest_Act +
Geographical scope	National +
Lcname	mushroom regulation in forest act +
Name	Mushroom regulation in Forest Act +
Products	Mushrooms/truffles +
Reference ID	570 +
Regions	Styria +
Response set	Styria Instrument A2 - Agent 1 Land +
Year	1987 +