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Congress
tightens controls on plant and wood imports with Lacey Act
By
Frances Allday
It is probably safe to say that most
people do not know what the Lacey Act is despite the fact it has been on
the books for over 100 years. Just about everyone has heard terms like
"endangered species," "wildlife preservation,"
"poaching" and "deforestation" – all of which are
part of the Lacey Act.
The Lacey Act was the first federal
wildlife protection law enacted by Congress. Drafted by Rep. John Lacey of
Iowa, it prohibited the interstate transportation of wild animals or birds
killed in violation of any state or territorial laws. It also banned the
importation of any wildlife that could threaten the horticulture and crop
production in the U.S. Over the course of the century, the Lacey Act has
been amended to include fish and rare plant species, and to prohibit
importation of wildlife killed or captured in violation of any federal or
foreign law.
As part of the 2008 Farm Bill, Congress
has once again amended the Lacey Act to include expansive new protections
for plants and plant products worldwide. Under the Act it is now unlawful
to import, export, transport, sell, receive, acquire or purchase in
interstate or foreign commerce any plant taken in violation of the laws of
a U.S. state or foreign country.
Previously, the Lacey Act only included
plants native to the U.S., and which were listed on an index of endangered
species. The new amendments extend the scope of the law to encompass all
plants and plant products, including timber, that are illegally harvested
in the country of origin and imported either directly or through
manufactured products. That means plant products are subject to the law
even if they are manufactured in a country other than the country of
origin where illegal harvesting took place.
According to the Act, definitions of a
plant include "any wild member of the plant kingdom, including roots,
seeds, parts and products thereof, and including trees from either natural
or planted forest stands." Importers of plants or plant products must
file a declaration with their import documents that states the scientific
name of the plant, the value and quantity, and the country of origin.
Anyone who imports illegally harvested plants or products will be subject
to civil penalties and forfeiture of the product, and may be prosecuted
for a misdemeanor or felony offense.
The amendments to the Lacey Act were
heralded by environmental groups who have pushed for protection of forests
worldwide. The International Network for Environmental Compliance and
Enforcement (INECE) calls it "the most far reaching ban on illegal
wood imports in the world." The legislation, they say, not only bans
logs and lumber, but applies to all flora and forest products ranging from
furniture and flooring to paper made with illegally harvested wood or
plant materials. Billions of dollars of high risk wood enters the U.S.
every year, according to the INECE, and they believe the amendments to the
Lacey Act will address the illegal trade of wood products as well as help
the environment. "The United States, as the world's largest importer
and consumer of forest products, plays a correspondingly significant role
in the trade of illegally harvested wood."
The new declaration requirement of the
Lacey Act has created reporting burdens for both the government and the
importing trade. Federal agencies such as the Agriculture Dept. and
Customs and Border Protection (CBP) involved in enforcing the declaration
provision needed more time to establish an electronic reporting system for
the additional documents. CBP will begin testing of electronic submissions
of declarations as of April 1. The number of imported products subject to
the Lacey Act is so extensive that enforcement will be implemented in
three phases according to product category. Wood products and plants will
be first, followed by paper products, wood pulp, musical instruments and
furniture after July 1, and then additional products after October 1.
Importers complain that the plant
definition is so broad that the reporting requirement will cover such a
vast range of products that they will be forced to make more declarations
than may be necessary. If the plant species is unknown, the importer will
have to declare the name of each species that may have been used to make a
product. If the country of origin of the plant is unknown, the importer
will have to provide a list of possible countries of origin. For recycled
paper, the importer will have to include a percentage of the recycled
material in the product. The paper and office supply trades are concerned
about what burdens will be placed on their businesses to comply with the
requirements. Other trades such as sporting goods equipment, textiles and
furniture will also be impacted.
Those in the importing trade claim that
the requirement will slow down the flow of trade because of the difficulty
in getting specific information on the products. Some are urging Congress
to change the amendment to the Lacey Act to allow for a more narrow
interpretation of the reporting requirements. Consumers and the economy
may also feel the effects of the Lacy Act, as additional financial burdens
are placed on businesses to comply with it.
Frances Allday was a specialist in commercial trade
with U.S. Customs and Border Protection for 25 years
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