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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.

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APHIS Posts List of Common Cultivars and Food Crops Exempt from Lacey Act
July 11, 2013 by Brian Feito|USDA

The Animal and Plant Health Inspection Service posted its “illustrative list” of plants that are considered “common cultivars” or “common food crops,” and are therefore exempt from Lacey Act requirements. The definitions for the terms were finalized in a July 9 final rule 13070808). APHIS said wild specimens of plants on the list are not subject to the exemptions, and must still meet Lacey Act requirements. The list isn’t exhaustive, only listing examples of plants for which certain parts, derivatives, and products meet the criteria to be “common cultivars” or “common food crops.” Additional examples may be added if APHIS finds that they qualify, the agency said.

Topics:Lacey Act, Animal and Plant Health Inspection Service (APHIS)
APHIS Finalizes Definitions for 'Common Cultivar' and 'Common Food Crop' Lacey Act Exceptions
July 8, 2013 by Brian Feito|Top News

The Animal and Plant Health Inspection Service finalized regulatory definitions for “common cultivars” and “common food crops” excluded from Lacey Act coverage, in an interim final rule set for publication in the July 9 Federal Register. The rule adopts an August 2010 proposal with some changes, including the addition of several definitions intended to clarify several “common cultivar” and “common food crop” terms. The interim final rule is effective Aug. 8, except for some clarifying definitions that are effective Sept. 9.

Topics:Lacey Act, Animal and Plant Health Inspection Service (APHIS)
Lacey Act Violators Ordered to Pay $22.5 Million in Restitution to South African Government
June 18, 2013 by Brian Feito|Penalties and Courts

The Southern New York U.S. District Court ordered three importers to pay nearly $22.5 million to the government of South Africa for Lacey Act violations stemming from the over-quota harvest of rock lobster. According to the Justice Department, the restitution order is the largest in a Lacey Act case in history. It had been the subject of a 2011 2nd U.S. Circuit Court of Appeals ruling that found restitution could be ordered in Lacey Act cases. The three men also served prison terms and forfeited other money in connection with the convictions.

Topics:Lacey Act
Congresswoman Draws Link Between 2011 Gibson Guitars Lacey Act Raid and IRS Scandal
May 30, 2013 by Jessica Arriens|Congress

A Tennessee congresswoman wants President Obama to provide a “full explanation” of the 2011 Lacey Act raids on Gibson Guitar, linking the raid to the recent Internal Revenue Service scandal. Rep. Marsha Blackburn, R-Tenn., said in a May 29 statement that recent administration scandals “raise a number of questions about who they choose to target and why. The arrogance and lack of transparency displayed by this President and his cabinet officials in events such as the raids on Gibson Guitar and the IRS targeting of conservative groups show a complete disregard for the rule of law.” Gibson and the Justice Department settled their Lacey Act violation dispute -- related to the purchase of wood from Madagascar and India -- in August 2012 (see 12080721). Blackburn was one of a group of representatives who sent a letter to the Justice and Interior departments following the 2011 raid, asking why it was necessary. In her statement, Blackburn said the administration assured no musicians would be targeted, but "provided no real answers about the raid itself." The White House and Gibson didn't return requests for comment.

Topics:Lacey Act