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Rep. Earl Blumenauer

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The Lacey Act and the Law

Posted: 05/11/2012 8:07 pm

Two days ago, I wrote "Truth Takes a Back Seat at Lacey Act Hearing," where I pointed out Senator Rand Paul mislead the public regarding the arrest of two men for violating the Lacey Act by illegally harvesting lobsters. Senator Paul responded and implied that it was I, in fact, who was misleading the public.

It is always interesting and sometimes productive to debate with people of differing political views. In this case, Senator Paul provided all the information needed to make an informed decision on this issue by including the 11th Circuit Court decision on the case at hand. I strongly urge anyone to read the case as it lays out the facts, the law, and the circumstances better than I ever could.

Anyone who listened to Senator Paul's testimony at the hearings would have difficulty reconciling them with the facts of the case. The evidence clearly shows that not only did the fishermen run a large and complex operation, but they were well aware that they were harvesting millions and millions of dollars' worth of lobsters they were not supposed to catch.

The court makes it clear that restrictions on which lobsters can be caught are not trivial. Those restrictions are in place so that immature lobsters, or others that are about to reproduce, are protected. This is a textbook example of where the Lacey Act was rightly applied to protect the future of an industry by preventing exploitation today.

A jury in Alabama and two federal courts found the defendants guilty in this case. They had all of the protections of the American court system, and their convictions have been upheld. As can be the case where other nations' laws come into play, especially when millions of dollars, prison time, and lots of lawyers are involved, this can be complex. Complexity, however, does not mean that there was injustice.

The United States also has fishing laws, as well as laws to protect our other limited and precious natural resources. I suspect that if foreign fishermen smuggled 400,000 pounds of Maine lobsters or illegally harvested wood from Oregon, worth millions of dollars, from our country, that Senator Paul and I would want them brought to justice, even if, especially if, they fled our jurisdiction. Laws such as the Lacey Act exist to protect the future of our industry and our environment.

 

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Two days ago, I wrote "Truth Takes a Back Seat at Lacey Act Hearing," where I pointed out Senator Rand Paul mislead the public regarding the arrest of two men for violating the Lacey Act by illegally ...
Two days ago, I wrote "Truth Takes a Back Seat at Lacey Act Hearing," where I pointed out Senator Rand Paul mislead the public regarding the arrest of two men for violating the Lacey Act by illegally ...
 
 
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HUFFPOST SUPER USER
deweaver
Scientist, businessman, semi-retired
02:06 PM on 05/13/2012
Interesting that the links to the information you claim show your interpretation to be valid and the court decision you claim says it all, don't work. Could we infer that you don't want the people to be able to check up on your claims to link to Paul's statements or the court decision?

Illegal fishing in Main is a state crime not a federal crime. Lacy act is federal so crossing state lines after harvesting must be involved in the issue. The Lacy act says nothing about lobster larva, harvesting lobsters in Main, etc. The Lacy act is just a good, and very large club that can be abused by the government, when desired. Was that the case this time?

Perhaps the link to the opinion did just state that the defendants were guilty of shipping in cardboard instead of plastic or not having the correct paperwork from the state inspector. We don't know, and you being a politician, we must assume that you are shading the truth -- that is what politicians do.

Since when is live lobster worth > 11$/lb (400,000 pounds of lobster worth $4.6 million.-- from your previous blog), when I can buy it retail at my local Asian supermarkets for $6.95/lb. Just being a politician?
HUFFPOST SUPER USER
Just4theHalibut
09:25 PM on 05/13/2012
This was not about Maine Lobster. The illegal operation was in Honduras. As a federal law, the Lacey Act is concerned about the US serving as a market for seafood illegally harvested in other countries. I don't know what the prices were a few years ago, before Maine lobsters staged a comeback, but it is entirely possible that Caribbean lobsters then were worth more then than Maine lobsters are now.
HUFFPOST SUPER USER
Just4theHalibut
09:34 PM on 05/13/2012
The case was not about Maine lobster, it was lobster illegally imported to the US from Honduras. The Lacey Act is a federal law that seeks to stop the US as serving as a market for illegally taken seafood from other nations. I don't know what lobster prices were 3 years ago, but it is entirely possible that Caribbean lobster was more expensive then, than Maine lobster (which has recently rebounded) is now.
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HUFFPOST SUPER USER
LV711
The truth never goes out of style
05:59 AM on 05/13/2012
Rand Paul, like so many of his colleagues in the Republican party are so devoid of reality, it's stunning. There are only a few Republicans serving in congress that have the intellectual capability to govern. Rand Paul's ignorant statement demonstrates that the party lacks leadership, both in the congress and the RNC. The fact the Speaker Boehner is third in succession to the presidency is astounding! He can't lead his own party much less, represent the United States.
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HUFFPOST SUPER USER
Linus521
In wildness is the salvation of mankind
09:10 PM on 05/12/2012
The Lacey Act was enacted to protect this nation's natural resources and our native biodiversity. Ecosystems exist because of their plant and animal biodiversity, like the marine ecosystem's lobsters. The problem is, the Paul's are illiterate in all the ways and hows Earth functions to give and sustain all life. The Earth is just not a money machine; it is also oxygen, fresh water, the atmosphere, the nitrogen cycle and regulation and moderation of the climate and a long list of why mankind exists, given free gratis because of ecosystems and their wealth of biodiversity!

Ecologically, all life is inextricably interconnected to all life. All ecosystems are integrated and interconnected, and they all have loops and feedbacks to the atmosphere and the climate. Stealing immature lobsters without consideration of their populations and the jobs they hold down for their ecosystems, impacts the entire ecosystem as the marine ecosystem is its native plants and all native animals, who are the community members of their ecosystem.

Biodiversity, just like the lobster, is a rivet in spaceship Earth. Tragically, the money-changers cannot grasp how this impacts the eco-nomy of the Earth and all life. If they steal too many lobsters, the entire ecosystem becomes less stable and less able to support all life, including the Pauls.
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snowballinhell
Humans have a 100% chance of extinction
02:01 AM on 05/13/2012
Mitt Romney isn't old enough to understand the earth's environment and its importance to his life.
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HUFFPOST SUPER USER
Linus521
In wildness is the salvation of mankind
08:58 PM on 05/13/2012
The problem is, most of our policy-makers are illiterate in the science of ecology or how Earth functions to create and support all life, including man's. According to these scientists, man is "suicidal" when he kills ecosystems, and the extinctions of biodiversity are a threat to civilization, right up there with thermonuclear war.

If all life was seeded in a wild natural environment, wild Earth, how is it man cannot see, that destroying and killing the natural earth and the plants and animals that create the whole organism of a wild, natural ecosystem/natural earth, that also produces our natural resources, that is unnatural changes to the Earth and everything that is not wild and natural -- is destroying the life giving and supporting of the Earth?
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snowballinhell
Humans have a 100% chance of extinction
02:01 AM on 05/13/2012
And neither is Rand Paul per comment below.
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HUFFPOST SUPER USER
ScienceDoesntWorkThatWay
There's a war on Dies Natalis Solis Invicti
07:06 PM on 05/12/2012
What a shock, Rand Paul and the "Libertarians" having no understanding of long term sustainability of industries or life on this planet. Really, no, I'm shocked, this sort of stuff never happens EVER.
05:16 PM on 05/12/2012
as a fisherman myself i must obey the laws, but if i am a corporation the laws are differant? yea with men like rand paul and the rest there will always be two set of laws.
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HUFFPOST SUPER USER
CSKAP
Morlock or Eloi?
02:49 PM on 05/12/2012
Rand Paul, just as his father, have made it clear that in their extremist form of libertarianism, all laws regarding behavior are an infringement on freedom.
They see a society where the strongest and the richest succeed and all others fail.
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HUFFPOST SUPER USER
ScienceDoesntWorkThatWay
There's a war on Dies Natalis Solis Invicti
07:07 PM on 05/12/2012
Nah, laws against gay marriage are okay, that's not restricting freedom at all, just the stuff about making sure the richest people in society pay even a single penny in taxes is restricting freedom.
This user has chosen to opt out of the Badges program
09:39 PM on 05/12/2012
Ron Paul is a paleoconservative. Rand Paul is a conservative. The former has libertarian leanings, the latter not so much. Neither is an extreme libertarian.

Me, I'm an extreme libertarian. I favor no government. No taxes, no welfare, no warfare, no police. See the difference?
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HUFFPOST SUPER USER
sherbertson
Gay, pagan, believer in science.
07:41 PM on 05/14/2012
You describe a desire for social anarchy. That's a little scary.
HUFFPOST SUPER USER
chefacree
10:35 AM on 05/12/2012
Rand Paul would turn this country into a land of anarchy with out any laws to protect our precious resources. He is an anti-social with very limited skills.
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HUFFPOST SUPER USER
darttabb
Alcohol, Tobacco, & Firearms. Where's the chips?
11:29 PM on 05/12/2012
Limited skills? I posit an ophthalmologist has extreme skills.

The person with limited skills is the author of this article, who has been slopping at the public trough since 1972, when I was fighting VC and the back seat of an F-4.

Where was Blumenauer then?
10:55 AM on 05/13/2012
And this is relevant because???? And which public trough???
HUFFPOST SUPER USER
chefacree
11:06 AM on 05/13/2012
Not sure if this response was intended for me.
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HUFFPOST COMMUNITY MODERATOR
DantesE
10:18 AM on 05/12/2012
The very fact that this rand paul was named after a writer of fiction and fantasy and that his political philosophy is derived from those works of fantasy should inform you that "facts" are not his friend.
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HUFFPOST COMMUNITY MODERATOR
LiberalDemIda
You can't spell "Conservative" without Con.
10:00 AM on 05/12/2012
Senator Paul is all for plundering America's precious resources just as long as American corporations are doing the plundering so he can get his cut. What on god's green earth - pun intended - were the people of Kentucky thinking, voting for this d.un.ce as their Senator??
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Talab
I tot i taw a putty tat
09:48 AM on 05/13/2012
Republicans have controled "education" in Kentucky for a long time now ... so now you have the answer to your question ( thinking didn't have a lot to do with it ) Check this liink for the best description of conservatism i have ever seen

http://polaris.gseis.ucla.edu/pagre/conservatism.html
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HUFFPOST COMMUNITY MODERATOR
LiberalDemIda
You can't spell "Conservative" without Con.
01:04 PM on 05/13/2012
Thanks for this, Talab! I've bookmarked it and I'll be using it a lot. As a matter of fact, I'll be using it now on the California shortfall thread.
09:56 AM on 05/12/2012
The republicans worry me. Break the law if you can get rich. Maybe that's it, the more people break these laws, the richer the lawyers become.