Larry Brown wrote:
"I certainly don't know all the ins and outs of this, but I'm not
seeing how it is so unreasonable to require the buyers of the wood to
know where the wood they are purchasing came from, whether it was a
legal source or not. "
This is basically a good idea, but there are a few problems. I've been
trying to figure this out now for a couple of years, and am still
confused, so bear with me.
First, the 'due diligence' clause: I'm supposed to do 'due diligence'
to find out about the wood I buy. As the law stands, if I do, and it
turns out that the wood was illegal in some way, all they can do is
confiscate the material, just as they would if it was stolen property
that you had bought on good faith. If I don't do the due diligence,
I'm liable for fines (and not small ones, either!) and even prison
time. The problem is, what constitutes 'due diligence'? I'm an
indivuidual luthier, and don't have a legal staff to track stuff down.
About all I can do is ask. The last time I asked about some wood at a
yard (a big place, with warehoses full of tropical woods) they
couldn't figure out why I was interested. When I explained the Lacey
Act, all I got was a diatribe against politicians. They'd never heard
of it. If my suppliers don't know, how am I supposed to find out? If I
ask, and they don't know, did that constitute 'due diligence'? I did
_ask_, after all... Remember, this is a big 'brick and mortar' (mostly
metal warehoses, really, but..) business that's been in opperation for
years: it's not some guy in a parking lot asking if I'd like to buy
stereo equipment cheap.
Second, the lack of a 'grandfather' clause. Most luthiers tend to
stockpile wood, often for a long time. We're about the only wood
workers that do. It's not unusual to find wood in a luthier's stores
that was purchased twenty-five or more years ago. Sometimes it will
have been purchased from another luthier who had it around for longer
than that, or just from an individual. Note that, at the time of
purchase, the wood may not have been considered 'endangered', was
almost certainly under no particular restriction, and there was no
legal requirement for knowing the provenance of it. Now there is.
Could you name the store where you bought some particular kitchen
appliance twenty years or more ago? You could say that I'm running a
business, and need to keep better records than a household, but up
until now there has been no requirement to keep reciepts for more than
six years, if I understand it correctly. Even if I knew where I got
some of this stuff, would they have the records to track it back? What
if the person I bought it from is dead?
This opens up another can of worms. On the Lacey forms you're supposed
to list each species of wood used and where it came from. If you don't
know where it came from, you have to list all the _possible_ sources.
Suppose I use some 'Honduras mahogany', Swietana macrophyla. It turns
out that there is currently an export embargo in place on that species
in Brazil and Nicaragua: if the wood came from there after the embargo
was put in place (when was that? I'll have to ask my legal staff...),
it's effectively CITES class I: illegal to transport across national
boundaries. There's no way I can find out where the wood I have came
from. If I list Nicaragua and Brazil as possible sources, is that self
incrimination? If I don't is that perjury? There is, in fact, no way I
can fil out that form 'accurately to the best of my knowledge' without
running some risk of breaking a law. Remember, there is no provision
in the law for saying that the wood was sourced before 2008 when it
was passed. (There was a two-year 'phase in period' on enforcement,
which was probably long enough for funiture manufacturers and such to
clear inventories and get right on the paperwork. It would have taken
most luthiers a lot longer than that to have cleared their
inventories, even if they had known about this. Most of us don't have
copies of 'The Federal Register' on the night stand.)
There's a huge gray area in that _anything_ can be illegal.
Technically, if the guy driving the log truck carrying the wood didn't
have a licence, that shipment could be considered illegal and fall
under Lacey restrictions. And note that Lacey applies to _interstate_
commerce. At the moment they're supposedly concentrating on imports of
wood, particularly tropical, worth more than $2000, but that's just a
practical step to cut down on the amount of work they'll have to do.
If and when they get that under control things could move down a
couple of notches.
I'm all for what they're trying to do: I don't want to see the planet
trashed either, and I'd love it if Brazilian rosewood and all the
other good stuff I've had the privilege of working with could be
around for future generations to use. I have my doubts about how well
the CITES model will work to accomplish this, but I sure wish them
well. We luthiers have been so far under the radar for so long that
it's not at all surprising if our peculiarities were not taken into
account when the law was written. All I want is for things to be
cleared up so that I can be sure I'm legal. I expect it will take a
few years to get there, even if the mills of government grind along at
a much faster pace than usual.