Broker Power is providing readers with some of the top stories for March 5 - March 9, 2012 in case they were missed last week.
Lacey Act
The Lacey Act and subsequent amendments make it unlawful to import, export, transport, sell, receive, or acquire any plant, fish or wildlife obtained in violation of U.S., tribal or foreign law, as well as any injurious wildlife. The law is administered by the Fish and Wildlife Service, National Oceanic and Atmospheric Administration, Animal and Plant Health Inspection Service and CBP. APHIS has been implementing Lacey Act declaration requirements since 2009. Lacey Act declarations may be filed by the importer of record or its licensed customs broker, and include information on imported item's species name, value, quantity, and country where it was harvested.
On March 8, 2012 the following trade-related bills were introduced:
The U.S. Attorney's Office for the Southern District of Florida has announced that Elias Garcia and Maria Plancarte have each been sentenced to one year and one day in prison, followed by terms of supervised release of two years, for conspiring to violate the Lacey Act by smuggling jaguar skins from Mexico and trafficking in them in the U.S. They also face deportation from the U.S. upon completion of their term of imprisonment. No fine was imposed as the judge determined the defendants could not afford a criminal fine. The jaguar is listed as endangered under the Endangered Species Act. Under cover of a plant seed company that Garcia and Plancarte jointly operated, the defendants sold two jaguar pelts to undercover Fish and Wildlife Service agents and planned a future sale of up to 10 jaguar pelts to be smuggled into the U.S. from Mexico.
The Animal and Plant Health Inspection Serviced has submitted to the Office of Management and Budget for its approval, a proposed rule entitled: "Forfeiture Procedures Under the Endangered Species Act and the Lacey Act Amendments."
The Animal and Plant Health Inspection Service has issued a February 16, 2012 version of its Lacey Act Amendments frequently asked questions (FAQ) document, as the prior version was out of date, had broken links, and had imprecise text. Sources state that APHIS has refined the Importer of Record - Broker Responsibility Q&A to indicate that brokers who complete the paper Lacey Act declaration for imported plants and plant products have the same responsibility for accuracy as they do when filling out entry information. In addition, two Q&As on hand-carried passenger baggage and musical instruments have been added.
On March 1, 2012 the following trade-related bills and resolutions were introduced:
The U.S. Fish and Wildlife Service announced that seven people were arrested on charges of trafficking in endangered black rhinoceros horn over the week of February 16-23, 2012 in Los Angeles, Newark, N.J., and New York. Special agents of the U.S. Fish and Wildlife Service (FWS) and U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) made the arrests and have executed search warrants in five different states as part of “Operation Crash,” a multi-agency effort to investigate and prosecute those involved in the black market trade of endangered rhinoceros horn.
The Justice Department has announced that Seafood Solutions Inc., a California corporation, was sentenced to pay $1 million in fines and community service payments for its role in the false labeling of frozen fish fillets. The corporation was fined $700,000 and ordered to make a community service donation of $300,000 to the National Fish and Wildlife Foundation. The company was also sentenced to three years of probation and ordered to forfeit all remaining inventory of the falsely labeled fish and develop and implement a corporate compliance plan.
On February 1, 2012 the following trade-related bills were introduced:
The Office of Management and Budget has approved a Fish and Wildlife Service final rule to list one or more of the nine species of large constrictor snakes as injurious wildlife under the Lacey Act. An injurious wildlife listing would prohibit the importation into, or transportation between, States, the District of Columbia, the Commonwealth of Puerto Rico, or any U.S. territory or possession by any means, except by permit for zoological, educational, medical, or scientific purposes. (OMB review completed on 01/17/12)