session 14 ic2011 tibbets

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The Lacey Act and its Implications for the Forest Products Industry Ashlee Tibbets Oregon State University

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Page 1: Session 14 ic2011 tibbets

The Lacey Act and its Implications for the Forest Products Industry

Ashlee Tibbets

Oregon State University

Page 2: Session 14 ic2011 tibbets

General Introduction

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• What is illegal logging?

• Why should we care?

• How has it impacted the United States?

• What has been done globally?

• What has the United States done?

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General Introduction

“Illegal logging, associated trade and corruption increase environmental degradation, biodiversity loss, and deforestation and hence climate systems.

Illegal logging also damages the livelihoods in the poorest countries, causes loss of revenues to governments, distorts markets and trade and sustains conflicts.”

-Leaders of world’s largest consumer countries (EIA 2007)

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Roadmap of this presentation

Research Objectives

Illegal Logging

Lacey Act

Preliminary Results

Plans for the Future

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Research Objectives: Primary

Understand how the forest products wholesale industry is working with and responding to the Lacey Act.

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Research Objectives: Secondary

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Enhance understanding regarding how forest products wholesalers in the U.S. view and comply with the Lacey Act

Enhance understanding regarding how managers see the present and future implications of the Lacey Act.

Unveil possible communication shortcomings between the U.S. government and companies

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Illegal Logging backdrop

Illegal deforestation and forest degradation contributes: (INECE 2010)

1/5 GHG emissions

Habitat destruction

Biodiversity loss

Billions of dollars of government revenue

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Illegal Logging backdrop

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Export-oriented illegal logging

Does not benefit communities or governments who should be benefiting (EIA

2007)

Estimated $15 billion annual loss to developing countries (World Bank 2006)

Supply and Demand

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Lacey Act: Inclusion of plants

1900

Originally intended to protect the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the U.S. (FWS 2009)

In 2008, the terms “plant” and “plant product” were added to the protected species listExcludes common food crops and scientific specimens of plant material (e.g. genetic alterations)

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Lacey Act: Enforcement

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4 government bodies

Fish and Wildlife Service

Department of Agriculture Animal and Plant Health Inspection Service (APHIS)

U.S. Customs

Homeland Security

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Lacey Act: U.S. Forest Products Industry

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1. Prohibits trade in illegally sourced material2. Requires documentation

- Country of origin- Species name- Quantity and value

3. Establishes penalties- Forfeiture of goods- Fines- Jail

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Lacey Act: Illegality and Due Care

Illegalities

• Theft of plants

• Taking plants from protected areas

• Taking plants without authorization

• Failure to pay royalties/taxes associated

• Disregard export laws (such as log-export bans)

Due Diligence

Intended to encourage log buyers to ask questions of their suppliers in order to reinforce the idea that the U.S. is no longer interested in buying illegally sourced wood products.

Different due diligence program for every company

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Page 13: Session 14 ic2011 tibbets

Research Methods

• Online questionnaire was sent to members of the Portland Wholesale Lumber Association (PWLA) and the North American Wholesale Lumber Association (NAWLA).

• Over 500 questionnaire were sent

– 80 bad emails

– Total questionnaires returned: 35

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Preliminary Results

Lacey basics

Where do respondents go with questions?

Due diligence practices

Global perspective

Communication

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Page 15: Session 14 ic2011 tibbets

Preliminary Results

Lacey basics

Where do respondents go with questions?

Due diligence practices

Global perspective

Communication

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Preliminary Results: Lacey Basics

70% well-versed in environmental policy

20% well-versed in the Lacey Act

-Respondents failed the knowledge questions

Could indicate

• Inadequately communicated

• Respondent was not the Lacey expert

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Preliminary Results

Lacey basics

Where do respondents go with questions?

Due diligence practices

Global perspective

Communication

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Preliminary Results: Questions

20% use official government resources

Others include: international shipping agencies, personal contacts, internet searches

Could indicate

• Subpar usability of websites

• Business aren’t aware of resources

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Preliminary Results

Lacey basics

Where do respondents go with questions?

Due diligence practices

Global perspective

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Preliminary Results: Due Diligence

Variety of answers-honest middlemen-visit country of origin-personal resources

Compliance does not equal competitiveness

Could indicate• How to market compliance• General public doesn’t appreciate compliance

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Preliminary Results

Lacey basics

Where do respondents go with questions?

Due diligence practices

Global perspective

Communication

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Preliminary Results: Global

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81% “steps should be taken to stop illegal logging”

88% “compliance with the Lacey Act will not affect illegal logging”

Could indicate

•Misunderstand the Lacey Act

•Lacey Act is missing a key element

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Preliminary Results: Global

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60% “compliance with the Lacey Act will not be beneficial for the United States”

66% “the 2008 amendments were unnecessary”

100% “the amendments were inadequately communicated to them”

Could indicate•Policy makers need a better communication system•Education

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Further Research

Personal interviews with respondents who indicated they are interested

Increase sample size

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Thank you!

Chris Knowles: Academic advisor

Anne Middleton: Environmental Investigations Agency

OSU Forest Business Solutions group: Sanity

Questions?

[email protected]

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