hmm. this is directed at trees, but not exclusively. (1981 lacey act
amendments: http://ipl.unm.edu/cwl/fedbook/laceyame.html )



Legal Timber Protection Act (Introduced in House)

HR 1497 IH


110th CONGRESS

1st Session

H. R. 1497
To amend the Lacey Act Amendments of 1981 to extend its protections to
plants illegally harvested outside of the United States, and for other
purposes.


IN THE HOUSE OF REPRESENTATIVES

March 13, 2007
Mr. BLUMENAUER (for himself, Mr. WEXLER, and Mr. WELLER of Illinois)
introduced the following bill; which was referred to the Committee on
Natural Resources


--------------------------------------------------------------------------------


A BILL
To amend the Lacey Act Amendments of 1981 to extend its protections to
plants illegally harvested outside of the United States, and for other
purposes.


Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Legal Timber Protection Act'.

SEC. 2. EXTENSION OF PROTECTIONS OF LACEY ACT AMENDMENTS OF 1981 TO
PLANTS ILLEGALLY HARVESTED OUTSIDE THE UNITED STATES.

(a) Amendments to Definitions-

(1) PLANT- Section 2(f) of the Lacey Act Amendments of 1981 (16 U.S.C.
3371(f)) is amended to read as follows:

`(f) The term `plant' means any wild member of the plant kingdom,
including roots, seeds, parts, and products thereof (but excluding
common food crops and cultivars).'.

(2) SECRETARY- Section 2(h) of the Lacey Act Amendments of 1981 (16
U.S.C. 3371(h)) is amended by inserting `also' after `term' the second
place it appears.

(3) TAKEN- Section 2(j) of the Lacey Act Amendments of 1981 (16 U.S.C.
3371(j)) is amended by inserting `harvested,' after `killed,'.

(b) Amendments to Prohibitions-

(1) AMENDMENTS- The Lacey Act Amendments of 1981 is amended--

(A) in section 3(a)(2) (16 U.S.C. 3372(a)(2)), by striking `or' after
the semicolon at the end of subparagraph (B), by redesignating
subparagraph (C) as subparagraph (D), and by inserting after
subparagraph (B) the following:

`(C) any plant taken in a foreign country, that is--

`(i) taken, transported, or sold without authority required by, or in
violation of, any law that applies at the place where the harvest,
taking, transport, or sale occurs, including any such taking in a
park, forest reserve or other officially protected area;

`(ii) taken without paying royalties, taxes, or stumpage fees required
by the law of the place where the taking occurs;

`(iii) exported or transhipped in violation of any limitation under
any applicable law;

`(iv) taken, exported, or transshipped in violation of any
international law, treaty, or international agreement; or

`(v) without any official documentation of compliance with clauses (i)
through (iv) that is required under the regulations issued under
section 7(a)(3);';

(B) in section 3(a)(3) (16 U.S.C. 3372(a)(3)), by striking `, or' at
the end of subparagraph (A) and inserting a semicolon, and by
inserting after subparagraph (B) the following:

`(C) to possess any plant taken in a foreign country, that is--

`(i) taken, transported, or sold without authority required by, or in
violation of, any law that applies at the place where the harvest,
taking, transport, or sale occurs, including any such taking in a
park, forest reserve or other officially protected area;

`(ii) taken without paying royalties, taxes, or stumpage fees required
by the law of the place where the taking occurs;

`(iii) exported or transhipped in violation of any limitation under
any applicable law;

`(iv) taken, exported, or transshipped in violation of any
international law, treaty, or international agreement; or

`(v) without any official documentation of compliance with clauses (i)
through (iv) that is required under the regulations issued under
section 7(a)(3);'; and

(C) in section 3(b) (16 U.S.C. 3372(b)) by inserting `or plant' after
`fish or wildlife'.

(2) REQUIREMENT TO ISSUE REGULATIONS-

(A) IN GENERAL- Section 7(a) of the Lacey Act Amendments of 1981 (16
U.S.C. 3376(a)) is amended by adding at the end the following:

`(3) The Secretary--

`(A) shall issue regulations to implement paragraphs (2)(C) and (3)(C)
of section 3(a); and

`(B) may issue regulations under those paragraphs that establish
requirements for official documentation for purposes of paragraph (2)
(C)(v) or (3)(C)(v) (or both).'.

(B) DEADLINE- The Secretary shall issue regulations under section 7(a)
(3) of such Act, as amended by subparagraph (A) of this paragraph, by
not later than 180 days after the date of the enactment of this Act,
and may issue additional regulations under that section after such
date.

(3) CONFORMING AMENDMENTS- Section 3(e) of the Lacey Act Amendments of
1981 (16 U.S.C. 3372(e)) is amended in each of paragraphs (1) and (5)
by striking `subsection (a)(2)(C)' and inserting `subsection (a)(2)
(D)'.

(c) Amendments Regarding Administration- Section 7(a)(2) of the Lacey
Act Amendments of 1981 (16 U.S.C. 3376(a)(2)) is amended--

(1) by striking `and Commerce' and inserting `, Commerce, and
Agriculture';

(2) by inserting `or plants' after `fish or wildlife'; and

(3) in the second sentence by inserting `, with respect to fish or
wildlife,' after `regulations'.

--j_a

If I'm not mistaken, that was one of the statutes used to arrest the Old
Orchid Wrangler.

--

Ray Barkalow - First Rays Orchids - www.firstrays.com
Plants, Supplies. Books, Artwork, and lots of Free Info!


wrote in message
ups.com...
hmm. this is directed at trees, but not exclusively. (1981 lacey act
amendments: http://ipl.unm.edu/cwl/fedbook/laceyame.html )



Legal Timber Protection Act (Introduced in House)

HR 1497 IH


110th CONGRESS

1st Session

H. R. 1497
To amend the Lacey Act Amendments of 1981 to extend its protections to
plants illegally harvested outside of the United States, and for other
purposes.


IN THE HOUSE OF REPRESENTATIVES

March 13, 2007
Mr. BLUMENAUER (for himself, Mr. WEXLER, and Mr. WELLER of Illinois)
introduced the following bill; which was referred to the Committee on
Natural Resources


--------------------------------------------------------------------------------


A BILL
To amend the Lacey Act Amendments of 1981 to extend its protections to
plants illegally harvested outside of the United States, and for other
purposes.


Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Legal Timber Protection Act'.

SEC. 2. EXTENSION OF PROTECTIONS OF LACEY ACT AMENDMENTS OF 1981 TO
PLANTS ILLEGALLY HARVESTED OUTSIDE THE UNITED STATES.

(a) Amendments to Definitions-

(1) PLANT- Section 2(f) of the Lacey Act Amendments of 1981 (16 U.S.C.
3371(f)) is amended to read as follows:

`(f) The term `plant' means any wild member of the plant kingdom,
including roots, seeds, parts, and products thereof (but excluding
common food crops and cultivars).'.

(2) SECRETARY- Section 2(h) of the Lacey Act Amendments of 1981 (16
U.S.C. 3371(h)) is amended by inserting `also' after `term' the second
place it appears.

(3) TAKEN- Section 2(j) of the Lacey Act Amendments of 1981 (16 U.S.C.
3371(j)) is amended by inserting `harvested,' after `killed,'.

(b) Amendments to Prohibitions-

(1) AMENDMENTS- The Lacey Act Amendments of 1981 is amended--

(A) in section 3(a)(2) (16 U.S.C. 3372(a)(2)), by striking `or' after
the semicolon at the end of subparagraph (B), by redesignating
subparagraph (C) as subparagraph (D), and by inserting after
subparagraph (B) the following:

`(C) any plant taken in a foreign country, that is--

`(i) taken, transported, or sold without authority required by, or in
violation of, any law that applies at the place where the harvest,
taking, transport, or sale occurs, including any such taking in a
park, forest reserve or other officially protected area;

`(ii) taken without paying royalties, taxes, or stumpage fees required
by the law of the place where the taking occurs;

`(iii) exported or transhipped in violation of any limitation under
any applicable law;

`(iv) taken, exported, or transshipped in violation of any
international law, treaty, or international agreement; or

`(v) without any official documentation of compliance with clauses (i)
through (iv) that is required under the regulations issued under
section 7(a)(3);';

(B) in section 3(a)(3) (16 U.S.C. 3372(a)(3)), by striking `, or' at
the end of subparagraph (A) and inserting a semicolon, and by
inserting after subparagraph (B) the following:

`(C) to possess any plant taken in a foreign country, that is--

`(i) taken, transported, or sold without authority required by, or in
violation of, any law that applies at the place where the harvest,
taking, transport, or sale occurs, including any such taking in a
park, forest reserve or other officially protected area;

`(ii) taken without paying royalties, taxes, or stumpage fees required
by the law of the place where the taking occurs;

`(iii) exported or transhipped in violation of any limitation under
any applicable law;

`(iv) taken, exported, or transshipped in violation of any
international law, treaty, or international agreement; or

`(v) without any official documentation of compliance with clauses (i)
through (iv) that is required under the regulations issued under
section 7(a)(3);'; and

(C) in section 3(b) (16 U.S.C. 3372(b)) by inserting `or plant' after
`fish or wildlife'.

(2) REQUIREMENT TO ISSUE REGULATIONS-

(A) IN GENERAL- Section 7(a) of the Lacey Act Amendments of 1981 (16
U.S.C. 3376(a)) is amended by adding at the end the following:

`(3) The Secretary--

`(A) shall issue regulations to implement paragraphs (2)(C) and (3)(C)
of section 3(a); and

`(B) may issue regulations under those paragraphs that establish
requirements for official documentation for purposes of paragraph (2)
(C)(v) or (3)(C)(v) (or both).'.

(B) DEADLINE- The Secretary shall issue regulations under section 7(a)
(3) of such Act, as amended by subparagraph (A) of this paragraph, by
not later than 180 days after the date of the enactment of this Act,
and may issue additional regulations under that section after such
date.

(3) CONFORMING AMENDMENTS- Section 3(e) of the Lacey Act Amendments of
1981 (16 U.S.C. 3372(e)) is amended in each of paragraphs (1) and (5)
by striking `subsection (a)(2)(C)' and inserting `subsection (a)(2)
(D)'.

(c) Amendments Regarding Administration- Section 7(a)(2) of the Lacey
Act Amendments of 1981 (16 U.S.C. 3376(a)(2)) is amended--

(1) by striking `and Commerce' and inserting `, Commerce, and
Agriculture';

(2) by inserting `or plants' after `fish or wildlife'; and

(3) in the second sentence by inserting `, with respect to fish or
wildlife,' after `regulations'.

--j_a