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The Lacey distrACTion
I really wanted to let this one go. Shut up brain and write about something else.
Until this headline - probably written by a former reporter - popped up on a press release in my inbox on May 23: "Markey, Blumenauer: Musicians ‘Can't Get No Satisfaction' from Guitars Made of Illegal Wood"
Here's the skinny. New amendments were added to the federal Lacey Act in 2008 to cut down on illegal logging and created a requirement for importers to declare the species and country of origin of plant or plant products, including wood.
For the past several years, anybody who imports has been watching and waiting to see how the requirement is enforced. Currently, declarations are required only for certain furniture items, including seats with wood frames and some accent items.
Gibson Guitar's Nashville, Tenn., facilities have been raided twice for non-compliance, most recently last fall. The illegal imported wood to be used for fretboards was from Madagascar and India.
In the media battle for hearts and minds that has ensued, Gibson and the anti-amendments side began enlisting support from musicians; well, actually both sides eventually started doing this.
Initially it seemed like guitar makes were kind of representing the face of this issue as wood interests. But then.... the musicians started getting involved. The musicians agree on one thing - they disagree about the Lacey Act.
Who cares? When did the Lacey Act get hijacked by musicians? It looks like classic sleight of hand to me.
If either side of this issue really really wanted to bring in an actual stakeholder to talk about Lacey, then they'd bring in somebody who lives in the Amazon, or a citizen of Madagascar, or the protected Indian forests, or a profiteer of illegal logging - someone with an actual stake in the spirit of the law.
If revisions need to be made, then let luthiers, rare wood dealers, the Environmental Investigation Agency, the Composite Wood Products Assn., the American Home Furnishings Alliance and the International Wood Products Assn. and other similar groups work it out.
Not Willie Nelson or Maroon 5. Does it matter if Mick Jagger and Lenny Kravitz support the Lacey Act? Or is it just noise?
It's a free country too. But when it's so obvious they've strategic recruits with a casual passing interest in such a big picture issue that they obviously have funds to deal with, it cheapens the debate and our perception of effective government.
Musicians are obviously not the epicenter of this law.
Just like the Founding Fathers didn't need Wayne Newton give them a thumbs up when the Constitution was signed, Steely Dan guitarist Jeff Baxter doesn't have to testify before Congress.
Just like I'd never turn to Hank Williams Jr. for meaningful political insight, I'd never ask him on "Face the Nation" to debate policy wonks.
My thought is yes; maybe the amendments ought to be revised just to grandfather in any old wood currently in this country. Make the market safe for trade in those instruments or pre-amendment inventories of rare or collectible wood species.
Make some kind of an exception for composite panel products.
But find a way to make the amendments effective and have enough teeth to deter unlawful logging.
It's why the NFL was right to suspend New Orleans Saints Coash Sean Payton for a year. It sends a message.
It's hard enough for anything meaningful to happen in Washington, D.C., so give the law enough teeth to make it effective where forest misuse has a negative effect on local populations or where violent regimes use the forests to gain power.
And listen up musicians, the U.S. Department of Justice said innocent owners aren't the target of this law. So why are we still so focused on musicians?
If the government catches you smuggling wood that was illegally sourced into the U.S. and you broke the law, then you broke the law. Musicians learned to live without tortoise shell picks. Piano makers learned to live without ivory.
Life goes on.
Also - I was on a cruise last year in a foreign country, and hundreds of people were "smuggling" six-foot-tall tribal masks back on the boat. I'm not sure anybody got "caught" by customs. Nobody asked these folks to speak before Congress.
The folks on the ground we should be hearing from are actual stakeholders, not the steak eaters on the tour bus. If you're worried about your guitar being confiscated upon return to this country, take the Taylor next time. Or if you've made a million dollars selling records, hire somebody to do some background work.
Donald commented:
Who the is this Henry Justheuknowhat anyway or who does he think he is. He was guilty and paid a huge fine. He is one mean spirited soul that will be doomed as he should be for vindicating a Federal Lacey Act of 1901. He is doing this out of spite. Why are entertainers so special as to do whatever they want. Mick Jagger just made the top of my special list. That worthless punk Jagger. So he Henry the criminal wants to change federal law protecting endangered plants which will just increase the size of more endangered plants. In Holy Scriptures GOD says "Do not hurt the beasts and trees of the forest", God does Not mention anything about "Guitars". So Mr. justheuknowhat and the Stones you have some bad karma coming your way soon, and you have earned it.
Ines commented:
Gibson, like Martin, is an American legend and insittution that will never die. Enthusiasts, investors, well-to-do musicians or combinations of the above will always be there to step up and buy the name, design patents, etc. Based on other guitar brands' experiences, production should be interrupted briefly, if at all.Retail giant Sam Ash, manufacturing conglomerate Yamaha and even (Dark Side alert) Fender are candidates that immediately spring to mind.I am the second owner of my father's Washburn parlor guitar, received by him as a gift at the age of 12 in 1923. My middle chose a Washburn D10 as his first acoustic at the same age in 1997.[]Jim Smith Reply:October 7th, 2011 at 9:41 pmMeant to say middle SON. And his first electic was a reissue Danelectro U2, reintroduced in 1998.Instruments have a tiny fraction of the number of parts that go into most other significant consumer product investments. Cad-cam, lasers and other advances have improved quality by making parts interchangeable, rducing skinlled labor man-hours. So the survival/availability of great, proven designs is not the challenge it was in the past.[]
quin chao fat commented:
Ok maybe your football guys should make furniture and famous guitar stars should carve furniture to look like footballs and guitar picks can be made from all the money they waste doing nothing to make the world mpre eco better.china rules the wood world
wood guy commented:
Ironic to use distraction for the headline of this article on the Lacey Act and then get DISTRACTED. The addition of wood products to the Lacey Act has done exactly what was intended - make importers verify the wood in their products was legally sourced. On two recent trips to China, legitimate manufacturers are very aware of the law and taking steps to meet the requirements. The European Union is about to do the same. Due care of asking questions of suppliers and completing a two-page form is not burdensome. If your supplier cannot provide that to you than you should be weary. Why do you think lumber or furniture costs 10-50% less than competing products made from American species that have the legal documentation? Removing or reducing the penalties for importing goods (knowingly or not) will have consequences on hundreds of other items that have been banned from import into this country since the 1920s. Ask the questions - keep it legal.
Wood Lover commented:
Too bad we are only focused on the Bounty and not the Lacey Act here...you missed the whole point that Heath was making. This is not about football and Sean Payton! This is a good law, meant to protect the forests and plantations making certain we leave some of these endangered tree species to live and breathe another day. Gibson should be held accountable and let them find another suitable material to use on their fabulous instruments.
Heath Combs commented:
I'd hardly call Payton a "whipping boy." He's a full grown man, 49 years old. And he's a coach, and part of a coaches job is setting an example.
And so is the job of a league commissioner. I support Goodell here, I've got his back - when he's got enough backbone to actually do something. The NFL needs a little tough love sometimes.
Suspension for a couple of games? Have you read about the head injuries some of these guys retire with - injuries that may drive some of these players to suicide? Did you see all those hits on Farve in the bountygate game?
Should one be paid extra to do that? That's a humanitarian question.
I wonder, would the U.S. military fine soldiers if it found out a bounty system existed for killing combatants? Would it send a message to the troops?
What is a reasonable fine for a team whose quarterback has a $50 million contract? How much money would it take to sting Payton, who would have made close to $6 million this year? $10,000? $100,000? $200,000?
When does the sum become "draconian" ?? Who judges that? Are fines in the NFL even effective? And how many players will openly participate in bounty schemes after this year?
I am sure many players have been on teams where bounties were used - but those teams weren't caught. The league has a "reputation" to uphold (and I know many of you will laugh at that).
The question is: what should be done to make a sustainable impact. The penalty reflects that, I think. Sometimes a "reasonable fine" doesn't cover it when you've got a league wide problem.
It's also not just the NFL Goodell is sending a message to, it's college teams, high school teams and pop warner football teams.
This may shock you too but I think the NFL players union has too much power.
Saints Fan commented:
I don't approve of the Bounty system, but in Goddell's case I might make an exception. He is out of control.
There is no way Sean Payton deserves this punishment. He is the whipping boy for Goddell to allow him to make a point. If he wants to make a point, he should levy reasonable fines against the team and impose new guidelines for the future which would include the kind of draconian penalties he wants to impose.
He made the statement in his announcement that he would deal with other teams if he became aware of them. Several players have said that they have been on a number of teams where this kind of system was used. It is unfair that Sean Payton is suffering the punishment for a league wide problem so Goddell can hold him up as an example of what can happen to you if you are caught.
Suspension for a couple of games, or a reasonable monetary fine, OK. But a year suspension? That is strictly for Goddell's purposes, not a fair and reasonable punishment that fits the wrong doing.






















