The House Natural Resources Committee will mark up bills June 7, beginning at 10 a.m. including two that would revise Lacey Act provisions. Congress expanded the Lacey Act in 2008 to ban trade in products containing illegally harvested wood or plant material. The changes also require importers to document the genus, species and country of harvest of any wood or plant material contained in an imported product.
Lawmakers, industry executives and musicians voiced disparate views over the need for adjustment to the Lacey Act during a House Natural Resources Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs hearing May 9, 2012. Congress expanded the law in 2008 to ban trade in products containing illegally harvested wood or plant material. Those changes also require importers to document the genus, species and country of harvest of any wood or plant material contained in an imported product.
Congress should revise rules on the importation of wood products and plant material because retailers fear they could lead to unfair government seizure of merchandise ranging from furniture to musical instruments, the National Retail Federation said in a statement. “Retailers recognize the need for environmental conservation but the current law leaves them guessing on which products are legal and which aren’t,” said NRF President Matthew Shay.
Senator Rand Paul (R-KY) and Representative Broun (R-GA) have introduced identical bills, the "Freedom from Over-Criminalization and Unjust Seizures (FOCUS) Act of 2012," which they say would remove each and every reference to "foreign law" pertaining to wildlife, fish, and plants within the Lacey Act and replace its criminal penalties with a reasonable civil penalty system. According to Paul, "it is long overdue that the Lacey Act be revised to address its broad overcriminalization." Representative Broun adds that the FOCUS Act has bipartisan support.
Broker Power is providing readers with some of the top stories for March 5 - March 9, 2012 in case they were missed last week.
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: