Link to an amendment published at 73 FR 79392, Dec. 29, 2008.This amendment was delayed until Mar. 30, 2009, at 74 FR 5107, Jan. 29, 2009.This amendment was further delayed until May 29, 2009, at 74 FR 14049, Mar. 30, 2009.This amendment was further delayed indefinitely at 74 FR 26091, June 1, 2009.The following are prohibited:
(a) Cutting or otherwise damaging any timber, tree, or other forest product, except as authorized by a special-use authorization, timber sale contract, or Federal law or regulation.
(b) Cutting any standing tree, under permit or timber sale contract, before a Forest Officer has marked it or has otherwise designated it for cutting.
(c) Removing any timber or other forest product cut under permit or timber sale contract, except to a place designated for scaling, or removing it from that place before it is scaled, measured, counted, or otherwise accounted for by a forest officer.
(d) Stamping, marking with paint, or otherwise identifying any tree or other forest product in a manner similar to that employed by forest officers to mark or designate a tree or any other forest product for cutting or removal.
(e) Loading, removing or hauling timber or other forest product acquired under any permit or timber sale contract unless such product is identified as required in such permit or contract.
(f) Selling or exchanging any timber or other forest product obtained under free use pursuant to §§ 223.5 through 223.11.
(g) Violating any timber export or substitution restriction in §§ 223.160 through 223.164.
(h) Removing any timber, tree or other forest product, except as authorized by a special-use authorization, timber sale contract, or Federal law or regulation.
(i) Violating the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620, et seq.), or its implementing regulations at 36 CFR 223.185-223.203.
[42 FR 2957, Jan. 14, 1977; 42 FR 24739, May 16, 1977, as amended at 49 FR 25450, June 21, 1984; 51 FR 1250, Jan. 10, 1986; 60 FR 46934, Sept. 8, 1995]
Notes of Decisions
United States v. Anglin, 438 F.3d 1229 (10th Cir. 2006).
· cites it 5× “Defendants were convicted of cutting and removing a forest product (ginseng) from the Ouachita National Forest without authorization in violation of 36 C.F.R. § 261.6 (h), and fined $250.00 each.”
United States v. Rory Doremus & David Doremus, 888 F.2d 630 (9th Cir. 1989).
“Appellants argue, however, that the district court failed to consider the effect of a companion regulation, 36 C.F.R. § 261.6 (a), which prohibits “[cjutting or otherwise damaging any timber, tree or other forest product, except as authorized by a special use authorization,…”
Alleman v. United States, 372 F. Supp. 2d 1212 (D. Or. 2005).
· cites it 2× “36 C.F.R. § 261.6 ; 43 Fed.Reg. 297. 17 Larry Fox acquired title to the Little Chetco 1-3 mining claims on April 9, 1980.”
United States v. Godfrey, 112 F. Supp. 3d 1097 (E.D. Cal. 2015).
“In Count One, Defendant was charged with unauthorized cutting and damaging of any timber, tree, and forest product, in violation of 36 C.F.R. § 261.6 (a). Id. In Count Two, Defendant was charged with causing timber, trees, slash, brush, and grass to burn without a permit, in…”
United States v. Nw. Pine Prods., Inc., 914 F. Supp. 404 (D. Or. 1996).
· cites it 12× “On April 19, 1995, a violation notice, F1447734, was issued to Northwest Pine charging an offense on March 2, 1995 in violation of 36 C.F.R. § 261.6 (e) described in the notice as “[l]oad, remove or haul timber product acquired under contract not identified as required by same…”
United States v. S. California Edison Co., 413 F. Supp. 2d 1101 (E.D. Cal. 2006).
“See 36 C.F.R. § 261.6 (a) (prohibiting damaging any timber, tree, or other forest product except as authorized by a special use permit, contract or other federal law or regulation), and § 261.”
United States v. Reyes, 340 F. App'x 868 (4th Cir. 2009).
· cites it 3× “Reyes appeals his conviction for damaging forest products without a permit, in violation of 36 C.F.R. § 261.6 (a) (2008). Reyes was convicted in a bench trial before a magistrate judge, and appealed to the district court.”
United States v. Larry Wilson & Lloyd Cox, 438 F.2d 525 (9th Cir. 1971).
“PER CURIAM: Appellants, Larry Wilson and Lloyd Cox, were convicted of cutting and removing timber from a national forest in violation of 36 C.F.R. § 261.6 (a), an offense made punishable as a misdemeanor by 16 U.”
United States v. Lavon R. Kent, 912 F.2d 277 (9th Cir. 1990).
“1971), that 36 C.F.R. § 261.6 (a), which prohibits cutting and removing timber in a National Forest without a permit, defined a strict liability crime.”
United States v. Brown, 71 F.3d 845 (11th Cir. 1996).
“Brown was charged with two petty offenses: removal of forest products (crooked wood) from a national park without authorization, in violation of 36 C.F.R. § 261.6 (h), and parking in a restricted area, in violation of 36 C.”
United States v. Little, 638 F. Supp. 337 (D. Mont. 1986).
“Defendant Swede Little was charged with cutting firewood and removing it from National Forest lands without a permit, in violation of 36 C.F.R. §§ 261.6 (a) and (h). He was tried before United States Magistrate Ann L.”
— 36 C.F.R. § 261.6(a) — 1 case
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