Lacey Act of 1900
Lacey Act of 1900 | |
---|---|
56th United States Congress | |
Long title
| |
Enacted by | 56th United States Congress |
Enacted | May 25, 1900 |
Signed by | President William McKinley |
Introduced by | Representative John F. Lacey (R–IA) |
Related legislation | |
Weeks–McLean Act, Migratory Bird Treaty Act of 1918 |
The Lacey Act of 1900 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.[1]
Introduced into
Congress broadened the law to prohibit the import, export, transport, purchase, or sale of species when that action would violate state, federal, tribal, or foreign law. A 2008 amendment added coverage for timber and timber products. Various provisions of the Act are enforced by the
Background
In 1900, illegal commercial hunting threatened many
Another major motivation for the Lacey Act was the over-hunting of birds for
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.[6]
Amendments
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),[7] largely championed by Senator Ron Wyden (D) Oregon, with some arguing that the motivation for the act was to protect US lumber jobs[8] and the supply-chain reporting provisions encountered opposition from the wood industry including objections to the burden of reporting.
As a result, between 2009 and 2012 there was opposition to the bill, leading to the failed introduction of RELIEF Act (2011 H.R. 3210), which died in June 2012.
This issue attained media prominence in September 2011. House Speaker John Boehner cited the Gibson Guitar controversy in his response to a speech by President Barack Obama.[9]
The
In 2022, the law was amended by the "Big Cat Public Safety Act" H.R. 263 to require owners of tigers, lions, and other large cats to have a license, and to prohibit public petting of large cats and their cubs.[11][12]
Enforcement actions
Gibson Guitar controversy
In August 2012, Gibson entered into a criminal enforcement agreement with the
Lumber Liquidators incident
For violating the Lacey Act,
See also
- Weeks–McLean Act (Protection of migratory birds; 1913)
- Migratory Bird Treaty Act of 1918
References
- ^ a b United States. Lacey Act (Game). 31 Stat. 187, ch. 553. Approved May 25, 1900. As amended by:
- Lacey Act Amendments of 1981. Pub. L.97–79Approved November 16, 1981.
- Captive Wildlife Safety Act. Pub. L.108–191 (text) (PDF)Approved December 19, 2003.
- Pub. L.110–246 (text) (PDF)Approved June 18, 2008.
- Lacey Act Amendments of 1981.
- ^ Alexander, Kristina (2014-01-14). The Lacey Act: Protecting the Environment by Restricting Trade (PDF) (Report). Washington, DC: U.S. Congressional Research Service. R42067.
- ^ 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.
- ^ "William L. Finley". U.S. Fish & Wildlife Service. November 6, 2019. Retrieved November 8, 2019.
- JSTOR 3984724.
- ^ "Background Information: The Lacey Act Amendments in the Farm Bill". The National Customs Brokers & Forwarders Association of America, Inc. Retrieved July 7, 2010.
- ^ Khatchadourian, Rafi. (October 6, 2008.) "The Stolen Forests: Inside the covert war on illegal logging". The New Yorker. Retrieved July 7, 2010.
- ^ "The Lacey Act, Plywood Antidumping and the Sen. Wyden Connection
- ^ Hurowitz, Glenn (2011-09-28). "Guitar Antihero 1: How Gibson Guitars made illegal logging a conservative cause célèbre". Grist. Seattle, WA.
- ^ U.S. Fish and Wildlife Service. (January 23, 2012.) "Injurious Wildlife". Retrieved August 28, 2012.
- ISSN 0362-4331. Retrieved 2023-05-12.
- ^ "Press Release: Bills Signed: H.R. 263, H.R. 1193, H.R. 5796, H.R. 7077, S. 198, S. 231, S. 1617, S. 2796, S. 3092, S. 3115, S. 3499, S. 3662, S. 3875". 20 December 2022.
- ^ a b c Black, R. (6 August 2012). "Gibson settles discord on timber". BBC News. Archived from the original on 7 August 2012. Retrieved 6 August 2012.
- ^ Felten, E. (26 August 2011). "Guitar frets: Environmental enforcement leaves musicians in fear". The Wall Street Journal. Archived from the original on 27 August 2011. Retrieved 1 September 2011.
- ^ "Gibson Guitar Corp. responds to federal raid" (Press release). Gibson Guitar Corp. 25 August 2011. Archived from the original on 12 September 2011. Retrieved 1 September 2011.
- ^ 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.
- ^ Wadhwani, A.; Paine, A. (25 August 2011). "Gibson Guitar raided but lips zipped". The Tennessean. Archived from the original on 26 August 2011. Retrieved 26 August 2011.
- Juszkiewicz, Henry E. (August 6, 2012). "Gibson Comments on Department of Justice Settlement"(Press release). Gibson Guitar. Retrieved August 15, 2015.
- ^ "Lumber Liquidators Inc. Sentenced for Illegal Importation of Hardwood and Related Environmental Crimes". United States Department of Justice. 1 February 2016.
Further reading
- Jewell, Susan D.; Fuller, Pam L. (2021). "The unsung success of injurious wildlife listing under the Lacey Act" (PDF). Management of Biological Invasions. 12 (3): 527–545. S2CID 234956639. Retrieved May 20, 2021.
- 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
- Gorjanc, Laura T. "Combating harmful invasive species under the Lacey Act: removing the dormant commerce clause barrier to state and federal cooperation." Fordham Environmental Law Review (2004): 111-140 online.
- 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
External links
- Summary of Lacey Act - US Animal and Plant Health Inspection Service
- Summary of Species Currently Listed as Injurious Wildlife under Lacey Act - US Fish and Wildlife Service
- 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)