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Lacey Act
  • The Lacey Act covers all fish and wildlife and their components or goods, plants protected by CITES and wildlife protected by state law.
  • APHIS oversees gathering declarations for imported plants and plant goods and establishing what needs a declaration.

Under the Lacey Act, it is illegal to import, export, sell, obtain, or buy fish, wildlife or plants that are taken, owned, moved, or sold:

  1. In breach of U.S. or Indian law, or
  2. In interstate or foreign commerce including any fish, wildlife, or plants taken, owned, or sold in breach of state or foreign law.

The Lacey Act covers all fish and wildlife and their components or goods, plants protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and wildlife protected by state law.

Originally passed in 1900, the Lacey Act was the first law in the U.S. that protects wildlife. The Act makes it unlawful to trade animals and plants, through regulating import of species protected by any (global or domestic) law. The Act also has provisions to eliminate the spread of invasive, or non-native, species. In 2008, the Lacey Act was revised to cover more banned plants and plant goods. As an example, the revision included imported products that had been created from unlawfully logged woods.

APHIS

The Animal and Plant Health Inspection Service (APHIS), the U.S. National Oceanic and Atmospheric Administration (NOAA), and the U.S. Fish and Wildlife Service (USFWS) manage the Lacey Act. APHIS oversees gathering declarations for imported plants and plant goods and establishing the extent of plant materials that need a declaration. APHIS defined through rulemaking a schedule for applying the declaration requirement:

  • Phases 1, 2, and 3 went into action in 2009;
  • Phase 4 was in 2010;
  • Phase 5 was in 2015; and
  • Phase 6 was in 2021.

APHIS still investigates products to include in later phases and will issue notices in the Federal Register to keep stakeholders and citizens properly informed.