“The price of freedom is eternal vigilance.” ~ Thomas Jefferson
In recent years the 113 year old Lacey Act has been turned into a one size fits all tool used arbitrarily by US Fish & Wildlife Service (FWS) to limit trade in animal and plant species they hold in disfavor. As a conservation tool, the Lacey Act has proven cumbersome, rigid and ineffective. While it may be argued that continued import of certain species may not be necessary, Lacey also restricts interstate transport. Restricting interstate trade in exotic species that have been in the country for decades has little to no conservation value and seriously undermines legitimate business, research and conservation efforts.
The Lacey Act was originally passed into law in 1900 in order to control poaching of wild birds for the feathered women’s hat trade that flourished at the time. The act made it a felony to poach birds in one state and sell their feathers or parts across state lines. Over the years it has been amended over and over again into an ungainly, overcomplicated statute that has far overreached its original intent without providing practical value as a real conservation tool. FWS seeks to further expand powers by advocating further amendments and pushing new rules that would remove most of the due process in order to pursue mass listings of potentially hundreds of species at once. The current proclivity at FWS seems to be that anything non-native to the US is a danger.
The two most negatively impacted interests are vintage guitars and herpetoculture (closed system production of high quality reptiles & amphibians). In both cases, these interests are precluded from transporting their products across state lines because certain species of interest (wood for guitars and snakes for herpetoculture) have been listed on the Lacey Act. These animals and guitars, some of which have been in the US for decades, are land locked in the states in which they currently exist due to Lacey restrictions. Although in theory permitting is available, it is demanding and time consuming, with, in many cases, significant delays in processing by FWS.
It is clear that some of the actions by FWS regarding recent listings and rule changes are on a shaky legal foundation. Unfortunately the inability or unwillingness of pertinent trade associations to challenge these actions in federal court have emboldened FWS to take ever increasingly aggressive action toward the mass listing of hundreds of additional species. This leaves responsible business owners on their own in the face of an increasingly difficult business environment.
On the bright side, there is real potential to streamline the permitting process for interstate transport and export, in some cases the opportunity to obtain blanket permitting, and avoid costly shipping delays whether shipping is to another state, or for export to Europe and Asia. I am in a position to help vintage guitar dealers and animal professionals to navigate the maze of government bureaucracy. Whether you are a zoo or aquarium, research facility, or a private business, I can likely save you time and money.