WELCOME
The Lacey Act & Why It’s Critical
to the Conservation Missions of
State Fish & Wildlife Agencies
A Congressional Briefing sponsored by
the Association of Fish & Wildlife Agencies
WELCOME
Today’s Presenters
Ed Boggess, Director
Division of Fish & Wildlife
Minnesota Department of Natural Resources
Jen Mock Schaeffer, Government Affairs Director
Association of Fish & Wildlife Agencies
Major Curtis Brown, Division of Law Enforcement
Florida Fish & Wildlife Conservation Commission
Nick Wiley, Executive Director
Florida Fish & Wildlife Conservation Commission
ABOUT AFWA
The Voice of Fish &
Wildlife Agencies
The Association of Fish and Wildlife Agencies represents
North America’s fish and wildlife agencies
to promote sound management and conservation and
speak with a collective voice on important fish
and wildlife issues since 1902.
Lacey Act Overview
Ed Boggess
Director, Division of Fish and Wildlife
Minnesota Dept. of Natural Resources
The Lacey Act
Passed by Congress and signed into
law by President William McKinley in
1900, it has been the nation’s most
comprehensive and effective law in
the conservation of fish and wildlife
resources for over a century.
The Lacey Act says…
• “…it is unlawful to import, export, sell, acquire, or
purchase fish, wildlife or plants that are taken,
possessed, transported, or sold: 1) in violation of
U.S. or Indian law, or 2) in interstate or foreign
commerce involving any fish, wildlife or plants taken,
possessed or sold in violation of State or foreign law.”
• The law covers all fish and wildlife and their parts
or products; plants protected by the Convention on
International Trade in Endangered Species of Wild
Fauna and Flora (CITES); and those protected by State
law. Commercial guiding and outfitting are considered
to be a sale under the provisions of
the Act.
-U.S. Fish & Wildlife Service
Lacey Act History
In 1887, the stagecoach carrying Iowa
Congressman John Lacey was robbed at
gunpoint while traveling through Yellowstone
National Park. The area was considered
lawless at that time, with rampant poaching
of big game.
Buffalo were on the verge of extinction; their
populations reduced from a few thousand,
to less than 100.
Lacey introduced legislation in 1900
to protect buffalo and plumed birds
and to prohibit the spread of invasive
species.
Photos: National Archives
RON REGAN
Lacey Act History
•Passage of the Act was
prompted by growing concern
about interstate profiteering
in illegally taken game.
•Congress amended the Act in
the 1930s and 40s to expand
the statute’s prohibitions to
include international trade.
•In 1981, the Act was further
amended to increase
penalties for wildlife
trafficking.
The Lacey Act Today
The Lacey Act remains
one of the nation’s most
important conservation
statutes and a powerful
tool for protecting fish
and wildlife in the U.S.
and supporting conservation
worldwide.
Minnesota Lacey Act Case
• From 2002-2004, MN DNR
investigations documented gross
over harvest and possession of
marten and fisher during closed
seasons, including failure to properly
mark traps as well as unlawful sale;
in violation of the Lacey Act.
• Further investigation of the suspect
lead to discovery of illegally
harvested Canada lynx, which is
a federally threatened species;
in violation of the Endangered
Species Act.
The Lacey Act &
What It Means to States
Major Curtis Brown
Division of Law Enforcement
Florida Fish & Wildlife Conservation Commission
How does the Lacey Act
apply to states…
Smuggled birds taped to legs
State officers receive foundation training
on the Lacey Act while attending their
respective academies.
Lacey Act Thresholds:
•
Rig for illegally transporting eggs
•
•
•
Birds smuggled in plastic bottles
Knowingly trafficking fish and wildlife in
violation of state, federal or foreign law
Knowingly falsifying labels and records
Knowingly marking shipments improperly
Knowingly importing/exporting injurious
fish and wildlife
Examples of states working
with the U.S. Fish and Wildlife
Service (USFWS) to protect
domestic fish & wildlife.
Venomous and Injurious Reptiles
Discovered on Craigslist—
Joint Operation Between
FWC & the USFWS
Green viper
Injurious reptiles were sold on Craigslist in
Violation of Florida law.
•
The criminal conspiracy involved the interstate
smuggling of reptiles to persons in 7 states.
•
Reptiles were being shipped in unsafe or improper
containers that were falsely labeled or not labeled
“venomous reptile,” a violation of state and federal
law.
•
These violations posed an extremely serious
risk to the public, to postal workers,
and the environment.
Cottonmouth
Twin Spotted Rattlesnake
Restricted Reptiles Entering Commerce
Albino Burmese Python
Craigslist ad
Snakes shipped priority mail packaging
Officer intercepting package
Outcome
6 individuals received state & federal charges:
Albino Burmese pythons
• Underlying state violations resulted in multiple
violations of the Lacey Act
• Knowingly using false labels and shipping
dangerous venomous and injurious reptiles
Eastern diamondback
rattlesnake
Injurious wildlife is any wildlife that is determined to be
injurious to the interests of human beings, agriculture,
horticulture, forestry, wildlife or wildlife resources
in the United States.
The injurious wildlife provisions of the Lacey Act were
implemented to prohibit the introductions of injurious species.
Twin Spotted Rattlesnake
Operation Longneck—Joint Operation
Between FWC & the USFWS
• Florida’s wild turtle population was
being exploited by emerging commercial
markets in Asia.
• China had decimated its own soft-shell
turtle population, shifting the market
toward importation from the U.S. to
supply their demands.
• Available statistics and intelligence
clearly showed that Florida turtles were
entering international commerce via
brokers in Los Angeles and New York.
Commercial Exports of Freshwater Turtles
Illegal Turtles Placed into
International Commerce
Turtle farmers
were involved
in a criminal
conspiracy,
falsifying
documents and
shipping wild
caught turtles
directly over
seas to foreign
markets.
Export & Commercial Value
•
During the time of the
investigation, over 600,000
pounds of turtles were shipped
to China by the defendants.
•
Domestic market value of
these turtles was around
$6.6 million.
•
Retail value of the turtles in
China was estimated at
$10.8 million.
Outcome
3 individuals were sentenced under the Lacey Act
• At the time of the investigation, the emerging market for the
turtles had developed so fast that our state laws had not been
properly developed to prohibit the exploitation of Florida turtles.
• Florida’s laws were insufficient to address the commercial
profiteering. Without the Lacey Act, criminal charges would not
have been possible in this smuggling investigation.
Violations, if not enforced through the Lacey Act,
can mean endangerment of Florida turtle species
and a reduction in Florida’s biodiversity.
Florida laws were inadequate to address global wildlife trafficking.
Operation Half Shell—Joint Operation
Between FWC & the USFWS
•
Investigation of a Florida based seafood
company concluded that oysters were being
illegally harvested, purchased, and
transported across state lines in violation of
state and federal laws.
•
Shipments and invoices were falsely labeled.
Sellers and purchasers worked together in a
criminal conspiracy to conceal the lack of
proper certification and licensing.
•
Approximately $1.2 million dollars of
illegal and undocumented oysters were being
sold and transported between Florida and
Georgia at wholesale price.
Illegal Oysters in Interstate Commerce
Illegal transfer of oysters
Stolen and falsified shellfish tags
Disposal of
contaminated
oysters to ensure
public safety
Illegal trafficking of oysters across
state lines
Outcome
13 individuals were charged with violating state & federal laws.
4 individuals were charged with 8 counts of conspiracy to
commit felony Lacey Act violations & knowingly falsifying records.
•
Florida’s oyster industry applauded agency efforts to protect legal
businesses and public safety.
•
The Lacey Act was instrumental in addressing the interstate commerce of
illegal product. Without the Lacey Act, conspirators would have faced only
minor state violations, an insufficient deterrent compared to $1.2m
illegally generated.
Significant to this investigation was the protection of public health.
Only licensed Certified Shellfish Dealers listed on the Interstate Certified Shellfish
Shippers List (ICSSL) can engage in the interstate commerce of shellfish.
The Lacey Act Protects
Legal Seafood Markets
False labeling of farm-raised products as “wild caught”
allows smugglers to avoid FDA inspections and undercuts
wild caught prices in the U.S.
Motives for Falsely
Labeling Seafood
•Selling cheaper species as more
expensive varieties
• Avoiding U.S. import taxes on
specific seafood species
•Domestic seafood from the U.S.
sells better than imported
products
•Imported seafood from certain
countries sells better than less
desirable countries
U.S. Imports of BASA from Vietnam
False Labeling – Criminal Conspiracy Investigation
Falsely labeled product
Vietnamese catfish
?
Unloading
of falsely
labeled
products
Grouper
Falsely labeled products
stored in warehouse
“Sole” Hits the Gulf Coast
Falsely labeled
farmed-raised
Vietnamese
catfish
Shrimp
Pangasius
Tilapia
Salmon
Steelhead
Trout
Investigators
anticipate an
increase in
fraud schemes
involving farmraised fish relabeled as
“Fresh Wild
Caught”
Lake Victoria Perch
Lates niloticus – commonly falsely labeled as snapper or grouper.
The Lacey Act Helps Protect Large-scale Commercial
Fish & Wildlife Markets and Businesses
• Idaho steelhead, elk & deer
• California abalone, clam & lobster
• Alaska salmon, halibut, king crab,
moose & caribou
• Florida grouper, lobster, alligator & oyster
• Georgia shrimp, black bear, deer & turkey
• Louisiana oyster, redfish, tuna, duck &
snapper
• Colorado elk, trout, mountain goat & sheep
• New Jersey striped bass, trout & turkey
The Lacey Act: Black Markets,
Injurious/Invasive Species
& Wildlife Diversity
Nick Wiley
Executive Director
Florida Fish & Wildlife Conservation Commission
The Lacey Act Discourages
Black Market Profiteering
• Bighorn sheep heads sell
for as much as $15,000
each.
• The Texas tortoise, Texas
indigo and Texas horny
toads are often collected
from the wild and
exported to other states
and countries.
Arizona: a Poachers Paradise
for Rare Reptiles
Vast deserts are home to rare species.
People travel from around the
world to poach reptiles.
Rare Species Include:
Rosy boa
Sonoran mountain king snake
Gila monster
Twin-spotted rattlesnake
Massasauga rattlesnake
Banded rock rattlesnake
Ridge-nosed rattlesnake
Operation Brooklyn II—Joint Operation
Between FWC & the USFWS
•
Florida’s fish and wildlife resources were
illegally being smuggled to New York, New
Jersey, Connecticut and Minnesota in violation
of state and federal laws.
•
Species involved in the black market operation
included grouper, snapper, trout, redfish, snook,
bass, bream, catfish, deer, turkey, duck &
alligator.
•
Commercial poachers worked with illegal
businesses in a well established criminal
conspiracy that spanned into multiple states.
Each shipment was
bringing in up to $20,000.
Injurious Species
Burmese Python
Snakeheads
Asian Carp
Brown Tree Snake
Zebra Mussel
Walking Catfish
Other Nonnative Species
Piranhas
Fresh water sting rays
African pike
Spiny water flea
Lionfish
The Lacey Act…
• Helps conserve our states’ and nation’s
biodiversity
• Protects native wildlife from gratuitous
exploitation
• Reduces the instances of invasive and
injurious species introductions
• Helps combat organized crime
• Fills gaps in state laws concerning
individual species
• Imposes higher fines and penalties than state
laws in egregious cases, possibly sending a
stronger message for deterrence
Applications of the Lacey Act…
• States still have the majority of the responsibility when
protecting their native wildlife.
• When state laws and penalties are not enough, the Lacey Act
allows for joint federal and state cooperation and prosecution,
making species and conservation efforts inter-jurisdictional.
• Lacey Act charges are reserved for the organized, repeat
offenders with explicit knowledge of their criminal actions.
• Effort is made to protect “unintentional” violators of the Act.
States Support the Lacey Act to Help
Protect Our Nation’s Fish & Wildlife
• The Act supports states’ management authority to
protect fish and wildlife as a public trust resource.
• Avoid amendments that effect states’ ability to
fulfill their management responsibilities.
Illegal orchid trafficking
• Transporters of injurious fish, wildlife and plants
must meet stringent bio-security measures and be
held accountable for those shipments.
Snakes transported in bands around ankles
Birds transported in PVC pipes
Photos-- Orchids and birds: UK Border Agency CITES Team/ Snakes: USFWS
The American Alligator Success Story
•
American alligator harvest was unregulated until the 1900s.
•
Efforts to reduce poaching failed. Populations continued to
decline.
•
Poaching continued even after the species’ inclusion in the
Endangered Species Protection Act of 1966 and the
Endangered Species Conservation Act of 1969.
•
After inclusion in the 1970 Lacey Act, American alligator
populations finally began to recover. The Lacey Act was
instrumental in reducing the black
market commercialization of
alligator hides and products.
•
The strong criminal penalties for
Lacey Act violations enabled the
recovery of American Alligator
population.
Summary
•
State laws alone are not sufficient to address
commercial exploitation of our fish, wildlife and plants.
•
History has shown that global wildlife trafficking and
emerging markets around the world are extremely
difficult to suppress without the strength of the Lacey
Act.
•
Enforcement of the Lacey Act helps promote the
conservation of our resources for future generations of
fishermen, hunters and sportsmen, and provides a level
playing field for legal businesses.
•
On behalf of the Association of Fish & Wildlife Agencies,
North American Chiefs of Law Enforcement Conservation
and the 50 states, we ask you to support the Lacey Act
and maintain its strength to protect our nation’s fish and
wildlife resources.
Questions?
www.fishwildlife.org
@fishwildlife