Lacey Act of 1900
The Lacey Act of 1900, or simply the Lacey Act (16 U.S.C. §§ 3371–3378) is a conservation law in the United States that prohibits trade in wildlife, fish, and plants that have been illegally taken, possessed, transported, or sold.
Introduced into Congress by Representative John F. Lacey, an Iowa Republican, the Act was signed into law by President William McKinley on May 25, 1900. It protects both plants and wildlife by creating civil and criminal penalties for those who violate the rules and regulations. The law authorizes the Secretary of the Interior to aid in restoring game and birds in parts of the U.S. where they have become extinct or rare. It also regulates introduction of birds and other animals to places where they have never existed before. It has evolved into a law that prohibits import, export, transport, purchase, or sale of species when that action would violate state, federal, tribal, or foreign law. Congress expanded the Lacey Act in 2008 to include timber and timber products.
In 1900, illegal commercial hunting threatened many game species in the United States. The original Act was 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 caused by the introduction of non-native species of birds and animals into native ecosystems.
Another major motivation for the Lacey Act was the over-hunting of birds for millinery work. For example, the non-discriminate killing of birds by plume hunters in search of the snowy egret contributed to the extinction of the Carolina parakeet.
Today, the Lacey Act is used primarily to prevent the importation or spread of potentially dangerous non-native species. The 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, a Native American tribe, or any foreign law that protects plants.
The Lacey Act was amended on 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), largely championed by Senator Ron Wyden (D) Oregon, with some arguing that the motivation for the act was to protect US lumber jobs and the supply-chain reporting provisions encountered opposition from the wood industry including objections to the burden of reporting.
The United States Fish and Wildlife Service announced a ban under the Act effective March 23, 2012, on the importation and interstate transportation of four species of constrictor snakes, due to the snakes' impact upon the Florida Everglades.
Gibson Guitar controversy
Gibson Guitar Corporation was raided twice by federal authorities, in 2009 and 2011. Federal prosecutors seized wood from Gibson facilities, alleging that Gibson had purchased smuggled Madagascar ebony and Indian rosewood. Gibson initially denied wrongdoing and insisted that the federal government was bullying them.
In August 2012, Gibson entered into a Criminal Enforcement Agreement with the Department of Justice, admitting to violating the Lacey Act. The terms of the agreement required Gibson to pay a fine of $300,000 in addition to a $50,000 community payment, and to abide by the terms of the Lacey Act in the future.
Lumber Liquidators incident
For violating the Lacey Act, Lumber Liquidators was sentenced in 2016 to $7.8 million in criminal fines, $969,175 in criminal forfeiture and more than $1.23 million in community service payments for illegal lumber trafficking. The sentence also included five years of probation, and additional government oversight. The U.S. Department of Justice said it was the largest financial penalty ever issued under the Lacey Act.
- "1900 Lacey Act
- Kristina Alexander, The Lacey Act: protecting the environment by restricting trade (Congressional Research Service, 2014).
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- Stern, Andrew (25 August 2011). "Gibson Guitar to fight U.S. probe of its wood imports". Reuters. Archived from the original on 8 January 2012. Retrieved 1 September 2011.
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- "Lumber Liquidators Inc. Sentenced for Illegal Importation of Hardwood and Related Environmental Crimes". www.justice.gov. United States Department of Justice. 1 February 2016. Retrieved 29 June 2019.
- Alexander, Kristina. The Lacey Act: protecting the environment by restricting trade (Congressional Research Service, 2014) online.
- Anderson, Robert S. "The Lacey Act: America's premier weapon in the fight against unlawful wildlife trafficking." Public Land Law Review 16 (1995): 27+ online.
- Cart, Theodore Whaley. "The Lacey Act: America's first nationwide wildlife statute." Forest History (1973): 4-13. online
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- Prestemona, Jeffrey. "How Effective Are the Lacey Act Amendment of 2008 and Related Trade Measures in Other Nations?." Journal of Forestry 114#2, (Mar 2016): 184-186. excerpt
|Wikimedia Commons has media related to Lacey Act of 1900.|
- Lacey Act Information from the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA)
- Oversight Hearing on the 2008 Lacey Act Amendments Part 1 and 2: Oversight Hearing before the Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs of the Committee on Natural Resources, U.S. House of Representatives, One Hundred Thirteenth Congress, First Session, Thursday, May 16, 2013 (Part 1), Wednesday, July 17, 2013 (Part 2)