Summary:The Lacey Act was enacted in 1900 to prevent hunters from killing game in one state andescaping prosecution by crossing state lines. 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 amended the Lacey Act most recently in 2008, expanding the reach ofthe act to include timber and timber products. Implementation of the 2008 Amendments hasproved controversial, and the Department of Agriculture Animal and Plant Health InspectionService (APHIS) initially delayed implementing the act's new declaration requirements forimporting wood products.
Some find the Lacey Act puzzling. While people charged with violating the act are charged withviolating a U.S. law, that prosecution is premised on a violation of another law, sometimes thelaw of another country. That has led some to claim that the United States is enforcing the laws ofanother country. U.S. conservation laws (such as the Lacey Act), however, have long protectedspecies and habitats even outside of the United States. Worldwide conservation was one reasonfor expanding Lacey Act coverage to more plants in 2008. Preserving U.S. timber jobs and priceswas another reason. However, the 2008 Amendments allow enforcement of foreign laws that arenot directly related to conservation or U.S. jobs, such as failure to pay foreign stumpage fees, orshipping wood in violation of a country's export restrictions. After search warrants were executedby the Department of the Interior Fish and Wildlife Service (FWS) against Gibson Guitar Corp. ofNashville, TN, apparently based on the possible illegal import of wood from India, Congress hastaken another look at whether the 2008 Amendments achieve the goals of the Lacey Act. Asintroduced in October 2011, H.R. 3210 would amend the act to limit its application to woodimported prior to 2008 and composite wood products, and would allow an innocent ownerdefense to forfeiture actions. A different approach is taken by S. 2062, which would eliminate anyreference to violations of foreign laws and end criminal prosecutions for violating the act.
Bills: H.R. 3210, S. 2062
