Lacey Act of 1900 | |
---|---|
56th United States Congress | |
| |
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 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 wild birds and mammals to places where they have never existed before, known as injurious wildlife species. [1] [2]
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 U.S. Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, U.S. Customs and Border Protection, the Animal and Plant Health Inspection Service and the U.S. Forest Service. [3]
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. [4]
Another major motivation for the Lacey Act was the over-hunting of birds for millinery work. [5] 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. [6]
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. [7]
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), [8] largely championed by Senator Ron Wyden (D) Oregon, with some arguing that the motivation for the act was to protect US lumber jobs [9] 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. [10]
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. [11]
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. [12] [13]
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. [14] [15] Gibson initially denied wrongdoing and insisted that the federal government was bullying them. [14] [16] [17] [18]
In August 2012, Gibson entered into a criminal enforcement agreement with the U.S. 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. [14] [19]
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 Department of Justice said it was the largest financial penalty ever issued under the Lacey Act. [20]
The United States Fish and Wildlife Service is a U.S. federal government agency within the United States Department of the Interior which oversees the management of fish, wildlife, and natural habitats in the United States. The mission of the agency is "working with others to conserve, protect, and enhance fish, wildlife, plants and their habitats for the continuing benefit of the American people."
Ebony is a dense black/brown hardwood, coming from several species in the genus Diospyros, which also includes the persimmon tree. A few Diospyros species, such as macassar and mun ebony, are dense enough to sink in water. Ebony is finely textured and has a mirror finish when polished, making it valuable as an ornamental wood. It is often cited as one of the most expensive woods in the world.
The Animal and Plant Health Inspection Service (APHIS) is an agency of the United States Department of Agriculture (USDA) based in Riverdale, Maryland responsible for protecting animal health, animal welfare, and plant health. APHIS is the lead agency for collaboration with other agencies to protect U.S. agriculture from invasive pests and diseases. APHIS's PPQ is the National Plant Protection Organization for the U.S., and the agency's head of veterinary services/veterinary Deputy Administrator is the Chief Veterinary Officer of the United States.
The Endangered Species Act of 1973 is the primary law in the United States for protecting and conserving imperiled species. Designed to protect critically imperiled species from extinction as a "consequence of economic growth and development untempered by adequate concern and conservation", the ESA was signed into law by President Richard Nixon on December 28, 1973. The Supreme Court of the United States described it as "the most comprehensive legislation for the preservation of endangered species enacted by any nation". The purposes of the ESA are two-fold: to prevent extinction and to recover species to the point where the law's protections are not needed. It therefore "protect[s] species and the ecosystems upon which they depend" through different mechanisms. For example, section 4 requires the agencies overseeing the Act to designate imperiled species as threatened or endangered. Section 9 prohibits unlawful 'take,' of such species, which means to "harass, harm, hunt..." Section 7 directs federal agencies to use their authorities to help conserve listed species. The Act also serves as the enacting legislation to carry out the provisions outlined in The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
The Migratory Bird Treaty Act of 1918 (MBTA), codified at 16 U.S.C. §§ 703–712, is a United States federal law, first enacted in 1918 to implement the convention for the protection of migratory birds between the United States and Canada. The statute makes it unlawful without a waiver to pursue, hunt, take, capture, kill, or sell nearly 1,100 species of birds listed therein as migratory birds. The statute does not discriminate between live or dead birds and also grants full protection to any bird parts, including feathers, eggs, and nests. A March 2020 update of the list decreased the number of species to 1,093.
Game laws are statutes which regulate the right to pursue and hunt certain kinds of wild animals and fish. The scope of game laws can include the following:
The Fish and Wildlife Coordination Act (FWCA) of the United States was enacted March 10, 1934, to protect fish and wildlife when federal actions result in the control or modification of a natural stream or body of water. The Act provides the basic authority for the involvement of the United States Fish and Wildlife Service (Service) in evaluating impacts to fish and wildlife from proposed water resource development projects.
A noxious weed, harmful weed or injurious weed is a weed that has been designated by an agricultural or other governing authority as a plant that is harmful to agricultural or horticultural crops, natural habitats or ecosystems, or humans or livestock. Most noxious weeds have been introduced into an ecosystem by ignorance, mismanagement, or accident. Some noxious weeds are native, though many localities define them as necessarily being non-native. Typically they are plants that grow aggressively, multiply quickly without natural controls, and display adverse effects through contact or ingestion. Noxious weeds are a large problem in many parts of the world, greatly affecting areas of agriculture, forest management, nature reserves, parks and other open space.
John Fletcher Lacey was an eight-term Republican United States congressman from Iowa's 6th congressional district. He was also the author of the Lacey Act of 1900, which made it a crime to ship illegal game across state lines, and the Lacey Act of 1907, which further regulated the handling of tribal funds. As the first federal conservation law, the Lacey Act of 1900 remains one of the foundations of conservation law enforcement.
The Bald and Golden Eagle Protection Act is a United States federal statute that protects two species of eagle. The bald eagle was chosen as a national emblem of the United States by the Continental Congress of 1782 and was given legal protection by the Bald Eagle Protection Act of 1940. This act was expanded to include the golden eagle in 1962. Since the original Act, the Bald and Golden Eagle Protection Act has been amended several times. It currently prohibits anyone, without a permit issued by the Secretary of the Interior, from "taking" bald eagles. Taking is described to include their parts, nests, or eggs, molesting or disturbing the birds. The Act provides criminal penalties for persons who "take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or any manner, any bald eagle ... [or any golden eagle], alive or dead, or any part, nest, or egg thereof."
A wildlife inspector is a person empowered by law to protect wildlife.
In the United States the Alien Species Prevention and Enforcement Act of 1992 makes it illegal to ship certain categories of plants and animals through the mail. The prohibited species are certain injurious animals, plant pests, plants and materials under federal quarantine, and certain plants and animals under the Lacey Act, a law that pertains to illegal trade in fish, wildlife, and plants. These also may be referred to as invasive species. The idea behind the piece of legislation is to protect native species and maintain a relatively high level of biodiversity.
The Shark Conservation Act of 2009 (SCA) was passed by the 111th United States Congress that amended the High Seas Driftnet Fishing Moratorium Protection Act and the Magnuson–Stevens Fishery Conservation and Management Act to improve the conservation of sharks. The bill was approved by the House of Representatives on March 2, 2009 by voice vote. It was taken up by the Senate and amended to incorporate further changes to Magnuson-Stevens, known as the International Fisheries Agreement Clarification Act. The Senate passed the amended bill as the Shark Conservation Act of 2010 on December 20, 2010 by unanimous consent, and the next day the House accepted the amendment, again by voice vote. The bill was signed into law by President Barack Obama on January 4, 2011.
The Endangered Species Conservation Act of 1969 was an expansion of the Endangered Species Preservation Act of 1966 which authorized the United States Secretary of the Interior to develop a comprehensive list of species or subspecies of animals threatened with worldwide extinction. It also prohibited the importation from any foreign country any animal-whole or in part, any product, or any egg belonging to a species on that list. Limited exceptions for scientific, educational, zoological, or propagational purposes and for certain cases of commercial "economic hardship" were allowed under strict permitting procedures.
Wildlife smuggling or wildlife trafficking concerns the illegal gathering and trade of endangered species and protected wildlife, including plants and byproducts or products utilizing a species. Research on wildlife smuggling has increased, however, knowledge of the illicit trade remains limited. The differences between international policies and tendencies likely contribute to the extensive estimated range of wildlife smuggling, anywhere from $5-$23 billion, with an additional $67-$193 billion when timber and fish are included. The prolific growth of wildlife smuggling makes it the fourth-largest criminal enterprise globally after drug, firearm, and human trafficking. Products demanded by the trade include but are not limited to ivory, bushmeat, traditional medicine, and exotic pets. China and the United States are the largest buyers in the illegal wildlife trade. It often involves other illegal activities such as tranquilizing animals without proper authorization.
Invasive species are a crucial threat to many native habitats and species of the United States and a significant cost to agriculture, forestry, and recreation. An invasive species refers to an organism that is not native to a specific region and poses significant economic and environmental threats to its new habitat. The term "invasive species" can also refer to feral species or introduced diseases. Some introduced species, such as the dandelion, do not cause significant economic or ecologic damage and are not widely considered as invasive. Economic damages associated with invasive species' effects and control costs are estimated at $120 billion per year.
The United States Fish and Wildlife Service Office of Law Enforcement contributes to Service efforts to manage ecosystems, save endangered species, conserve migratory birds, preserve wildlife habitat, restore fisheries, combat invasive species, and promote international wildlife conservation. It is an office of the United States Fish and Wildlife Service (FWS).
The Sportsmen’s Heritage And Recreational Enhancement Act of 2013 is an omnibus bill that covers several firearms, fishing, hunting, and federal land laws. H.R. 3590 would establish or amend certain laws related to the use of firearms and other recreational activities on federal lands. The bill also would authorize the U.S. Fish and Wildlife Service (USFWS) to permanently allow any state to provide hunting and conservation stamps for migratory birds. In addition, the bill would require the Secretaries of the Interior and Agriculture to charge an annual permit fee for small crews that conduct commercial filming activities on certain federal lands. Finally, the bill would require the Secretary of the Interior to issue permits to certain hunters seeking to import polar bear remains from Canada.
The North Texas Invasive Species Barrier Act of 2014 is a bill that would exempt the North Texas Municipal Water District (NTMWD) from prosecution under the Lacey Act for transferring water containing invasive species from Oklahoma to Texas. The Lacey Act protects plants and wildlife by creating civil and criminal penalties for various violations, including transferring invasive species across state borders. The exemption would allow water transfers to go ahead and happen.
A bill to amend the Migratory Bird Treaty Act to exempt certain Alaskan Native articles from prohibitions against sale of items containing nonedible migratory bird parts, and for other purposes was a proposed law that would have allowed Alaskan Natives to make and sell traditional handicrafts such as masks, jewelry, clothing, and hunting equipment that are made from parts of migratory birds, particularly feathers.