iPhone app iPad app Android phone app Android tablet app More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Henry Juszkiewicz

GET UPDATES FROM Henry Juszkiewicz
 

Repeal the Lacey Act? Hell No, Make It Stronger

Posted: 11/02/2011 12:57 pm

On August 24, agents from the Fish and Wildlife Service raided the facilities of my company, Gibson Guitar, and seized computers, hard drives, company records, and thousands of guitar fingerboards. The raid has caused economic loss to Gibson, created a political firestorm, and has ignited a furious debate around a seminal environmental protection statute -- the Lacey Act.

The Lacey Act, while not as well known as the Endangered Species Act, has protected plants and animals for over 100 years -- it is the oldest wildlife protection statute on the books today. Though it originally was designed to combat illegal trafficking in animals, its scope was expanded in 2008 to combat the illegal harvesting of timber which has contributed to massive deforestation of tropical hardwood forests. Gibson supported these changes. As a user of tropical woods it just makes economic sense to buy our materials from sustainable forests, and it makes moral sense to do so in a way that ensures the survival of these resources.

The recent raid of Gibson, however, did not come about because the wood was illegally harvested. Rather, the U.S. government alleges that the wood was imported in violation of an Indian export restriction designed to keep wood finishing work in India. To make matters worse, although the Indian government certified that the wood was properly and legally exported under this law, the U.S. Fish and Wildlife Service substituted its own opinion and reinterpreted Indian law. Its analysis suggested that if Gibson would just finish its fingerboards using Indian labor rather than Tennessee craftsman, there would be no issue.

As a lifelong conservationist, I am distressed that our government is using a law as important as the Lacey Act not to fight illegal logging but to enforce protectionist Indian labor statutes. This use of scarce governmental resources does nothing to further the critical environmental effort to halt global deforestation or to protect American jobs.

In the wake of the raid some have suggested doing away with the Lacey Act altogether. I don't believe that is the right answer. Rather than repealing the Lacey Act, we should make it stronger so that limited government enforcement dollars can be devoted to fighting illegal logging and poaching, not bureaucratic fights over international tariff codes. In the coming months, I will be working with Members of Congress and the Administration to do just that. We should create a compliance system so that businesses can know -- before they buy wood and other plant products -- whether or not they are complying with the Lacey Act.

One of the key agencies charged with implementing the law is the U.S. Department of Agriculture. It lacks the resources needed for the task at hand. We should establish a voluntary pre-certification program, where businesses would pay the USDA to inspect the legality of shipments. This certification process would ensure lawful wood sourcing throughout the supply chain so that a consumer buying a guitar knows that it was made with wood purchased from a sustainable source recognized by the U.S. government, and that the innocent owner is not at risk of violating the law. Wood, and products subsequently made from the wood, that has been imported under this program should be clearly labeled so that consumers can make informed choices. This system would enable the U.S. to better manage enforcement efforts by allowing it to focus on imports that have not been certified as compliant.

The U.S. should also use the power of the marketplace to encourage sustainable harvesting practices in countries whose forestry systems are rife with graft and corruption. By establishing a country certification system, the market will pay a premium for wood from certified complaint countries -- that will encourage other countries to improve their own harvesting practices. So long as the financial rewards are greater to take a bribe or to graze cattle than to protect a forest we will continue to see clear-cutting and environmental degradation. Only by ensuring that there is an economic benefit to preserving ecosystems and sustainably managing them, both here and in the developing world, can we truly ensure that these vital forests are preserved in perpetuity.

 
FOLLOW GREEN
 
 
  • Comments
  • 122
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
Page: 1 2 3  Next ›  Last »  (3 total)
HUFFPOST SUPER USER
bigflash
05:22 AM on 11/16/2011
Henry is being proper and very noble. But the facts are clear. Fender and several other guitar manufacturers in the U.S. plus all the imports from China and the expanded Orient that are sold here are made with illegally processed Indian wood. So why was only Gibson raided? Several reasons but the bottom line is Government time and money is being wasted to beat up on Gibson for commercial gain.
01:33 AM on 11/08/2011
Gibson broke the law...!

They new what they were doing.

Where is the Rosewood now...?

Can I have it..?
11:28 AM on 11/05/2011
What will happen if the import restriction code that covers 6mm and thicker vs 6mm and under is not resolved.

One senario will be to have India take 8mm boards and adding Indian labor. Quality would drop and the USA would loose of control of the final product.

Another would be laminating boards that are under 6mm boards in the USA. Of course this would increase the number of trees that would be harvested. More waste from proccessing. The Feds would have to answer to the World for depleating the earth of precious and valuable trees. Way to go Eric Holder.

Common Sense and Federal Agency in the same sentence is not possible.
08:06 PM on 11/04/2011
The BIG problem is the way the law can be wrongly enforced . Gibson has been begging to have their day in court and the Federal government keeps postponing the case for years now . I am a conservationist ever sence I was a Boy Scout (50 years ago) . The law should not be misused . You or a Company deserves their day in court when charged . ...
Background: On August 24, 2011, and also in 2009 . Agents from the United States Fish and Wildlife Service raided Gibson’s facilities in Memphis and Nashville, Tennessee and seized more than 10,000 guitar fingerboards made from Indian Rosewood along with computers and other records. The US Government claims that Gibson violated the Lacey Act by purchasing and exporting Fingerboards from India. The Lacey Act was amended in 2008 to prevent trafficking in illegally harvested or illegally exported plants and further states that plant materials, like fingerboards, cannot be taken in violation of the laws of another country. Gibson took extra measures to make sure that the fingerboards were legally exportable and even received approval from the Indian Government before purchasing the fingerboards. Gibson has done nothing wrong and firmly believes that the Lacey Act does not give the United States the power to tell another country how to enforce their laws.
photo
HUFFPOST COMMUNITY MODERATOR
editorjuno
Musician, wordsmith, accidental mystic, etc.
08:05 PM on 11/03/2011
Two links for your perusal -- first, Henry's recent non-searchable U-Toob presentation, sponsored by none other than the far right Heritage Foundation (watch his eyes):

http://www.youtube.com/watch?v=fZbBo4jgdEk&feature=share

Next, here's Gibson's 2009 ranking as a workplace -- and why (hint -- it's Henry):

http://www.huffingtonpost.com/2009/12/21/worst-companies-to-work-f_n_397565.html?slidenumber=GhuKdx%2BZ1Wg%3D&slideshow#slide_image

IMO if this guy's a "conservationist," I'm The Dowager Empress of China -- but feel free to draw your own conclusions, of course.
photo
HUFFPOST COMMUNITY MODERATOR
tacevad
American SS Card Carrying Socialist
03:15 PM on 11/03/2011
the very idea that "We should establish a voluntary pre-certification program, where businesses would pay the USDA to inspect the legality of shipments." indicates that the author rightfully acknowledges that regulation is best done by an outside group. the self regulation free market crowd does a major disservice by trying to muddy the waters and ignoring the fact that regulations only come about in a response by Government on behalf of We the People to reign in a proven injustice or misdeed.
07:37 AM on 11/03/2011
The Lacey Act never did work very well protecting Elephants and Rhinosaurus. It didn't protect alligators until they reestablished commercial hunting. It is the hunters themselves that actively support policing of it. No country is doing anything about whaling. This law is just an excuse for the government body to do exactly what it is doing. A free market would crush the illegal activity in no time. Making everything illegal is what justifies the governments existence.
photo
HUFFPOST COMMUNITY MODERATOR
Mort
Once I thought I was wrong, but I was mistaken.
11:34 PM on 11/02/2011
I learned on a Gibson accoustic, played your Les Paul in a band for a long time, and have always liked the warm sound. Good luck with all the damage control and negotiations for better legislation.
photo
Hornito
Thoughtful Progressive
10:40 PM on 11/02/2011
Fenders scream, Gibson's do not. I'll never buy another Gibson product. I hope your company goes belly-up, as it deserves. You have soiled the name of Les Paul.
photo
HUFFPOST COMMUNITY MODERATOR
Mort
Once I thought I was wrong, but I was mistaken.
12:19 AM on 11/03/2011
Fenders do a lot more than scream, which is not something every guitar needs or should do. I played a Les Paul outfitted with locking hdwe and loved it.
photo
HUFFPOST SUPER USER
daniel o
10:30 PM on 11/02/2011
Beautiful. You rock. I think I'll buy myself an SG.

You could teach the financiers on wall street quite a bit about how to be a responsible corporation.
10:27 PM on 11/02/2011
I believe Gibson is one of the only MAJOR guitar manufacturers located in a right to work state. There's the union connection.
photo
HUFFPOST SUPER USER
Allen Jenkins
Virtual Ferroequinologist
02:53 PM on 11/06/2011
Great answer Neal, now I know why C. F. Martin & Sons has not been so harassed!
Hiker54
If we couldn't laugh we would all go insane
09:51 PM on 11/02/2011
" although the Indian government certified that the wood was properly and legally exported under this law, the U.S. Fish and Wildlife Service substituted its own opinion and reinterpreted Indian law"

Looks like that smaller government at work. Again.
photo
HUFFPOST SUPER USER
Allen Jenkins
Virtual Ferroequinologist
02:58 PM on 11/06/2011
They fall under the "Department of the Interior: Dept. of Agriculture...

Big Government at work for you!
09:45 PM on 11/02/2011
Why is the Fish and Wildlife being involved with wood or international imports??? Down in Florida the fish and wildlife has pushed the coast guard out of the way and taken over the coast guards duties in Florida.
They don't seem to be able to do their own job but they want to take over the policing of other organizations duties????
HUFFPOST SUPER USER
HitnMyths
Too large a life for a micro bio
09:26 PM on 11/02/2011
Not sure where you glean the union bias in this. Could just as easily argue they single out companies that start with G.
photo
HUFFPOST SUPER USER
Allen Jenkins
Virtual Ferroequinologist
03:01 PM on 11/06/2011
Several arguments are focused, the "Right to work (for nothing)," campaign contributions to Republicans, the State of Tennessee did not carry Obama, etc...
photo
unfoxworthy
We:ScottOlsens,the misfits,out to change the world
09:22 PM on 11/02/2011
Good thing we're protecting Indian law.
I'd be in deep trouble if I didn't have these folks handy when I call customer service!
And the world is a better place now that the reputation of guitar fingerboards has been restored.
US Govt. - you're amazing! I can sleep easy TONIGHT!