Lacey Act of 1900

Lacey

The Lacey Act of 1900, or more commonly The Lacey Act (16 U.S.C. §§ 33713378) is a conservation law introduced by Iowa Rep. John F. Lacey. Protecting both plants and wildlife by creating civil and criminal penalties for a wide array of violations, the Act most notably prohibits trade in wildlife, fish, and plants that have been illegally taken, transported or sold. The law was signed into law by President William McKinley on May 25, 1900, and is still in effect, although it has been amended several times.[1]

Contents

Background

In 1900, illegal commercial hunting threatened many game species in the United States. The original Act was therefore directed at the preservation of game and wild birds, making it a federal crime to poach game in one state with the purpose of selling the bounty in another. The law prohibited the transportation of illegally captured or prohibited animals across state lines, and addressed potential problems of the introduction of non-native species of birds and animals into native ecosystems.[2]

It was the first federal law protecting wildlife, although today it is primarily used to prevent the importation or spread of potentially dangerous non-native species. The Lacey Act also makes it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any plant in violation of the laws of the United States, a State, an Indian tribe, or any foreign law that protects plants.[3]

The Lacey Act was most recently amended as of May 22, 2008, when the Food, Conservation, and Energy Act of 2008 expanded its protection to a broader range of plants and plant products (Section 8204. Prevention of Illegal Logging Practices).[4]

Current criticisms of the Lacey Act

The Lacey Act’s incorporation of foreign law violations can be viewed as part of a broader “emerging trend” toward global enforcement, which represents a dramatic departure from conventional priorities [5]. In conjunction with the wide berth afforded by the Lacey Act, there have been pejorative reactions to the expanding scope of application of the Act -- most recently in 2008 with the inclusion of illegal harvesting of timber. Concern about the feasibility of enforcement originally led the European Union to conclude, “a Lacey Act-like ban on the possession and sale of illegal wood products would pose significant difficulties in . . . implementation.”[6]

Lacey Act compliance

Industry custom is the cornerstone of Lacey Act policy, underscoring the importance of understanding guidelines set forth in trade papers and magazines as to the legal requirements of the field is expected. With this information, the responsibility rests solely upon businesses to procure goods following all regulations of countries from which the material is imported. Following raw materials from extraction all the way through importation is often difficult if not impossible. There is a personal onus to not accept materials if a business has reason to believe the materials came from areas known for environmental exploitation. In essence companies must take Due Care to insure their raw materials have been appropriated legally.

Musical instruments

The Lacey Act affects musicians with respect to the interplay between the Act and foreign laws, as many species of timber used as tone woods in musical instruments are often legally controlled in the foreign country in which the wood is harvested. In the case of Madagascar Rosewood, harvesting the wood from national forests in Madagascar violates that country's law. Musicians traveling internationally with an instrument made of Rosewood must comply with the Lacey Act Import Declaration. Even if a guitar being brought into the country is legal (meaning that the rosewood used in making the guitar was legally obtained), the musician may be unable to confirm that fact. The instrument can be seized and held by the authorities.

References

  1. ^ "Nation marks Lacey Act centennial, 100 years of federal wildlife law enforcement. US Fish and Wildlife Service. Retrieved on July 7, 2010.
  2. ^ Wisch, Rebecca F. "Overview of the Lacey Act (16 U.S.C. SS 3371-3378)". Michigan State University College of Law Animal Legal & Historical Web Center. Retrieved on July 7, 2010.
  3. ^ "Background Information: The Lacey Act Amendments in the Farm Bill". The National Customs Brokers & Forwarders Association of America, Inc. Retrieved on July 7, 2010.
  4. ^ Khatchadourian, Rafi. (October 6, 2008.) "The Stolen Forests: Inside the covert war on illegal logging". The New Yorker. Retrieved on July 7, 2010.
  5. ^ See, e.g., The New Frontier of Cross-Border Enforcement, 40 Envtl. L. Rep. News and Analysis 10127, 10132–34 (2010).
  6. ^ Commission Proposal for a Regulation of the European Parliament and of the Council Laying Down the Obligations of Operators Who Place Timber and Timber Products on the Market, at 6, COM (2008) 644/3.

See also

External links