HOW ENDANGERED SPECIES ARE LEGALLY PROTECTED

Protecting the planet’s genetic diversity has long been a goal of policy makers in the United States and abroad.  Way back in the very earliest days of the Twentieth Century, policy makers were shocked to see the once-common passenger pigeon disappearing and even then, in 1900 during the McKinley administration, Congress acted to protect this bird and all other animals and plants deemed in need of protection.  Congress passed the Lacey Act.

The Lacey Act, which has been updated and amended many many times over the subsequent century plus, remains one of the critical tools used to restrict and control the trade of endangered species.  It is interesting to note, but rarely remembered, that the Lacey Act was really mostly interested in inter-state transport of endangered species, and less interested in import/export.  Today, the restrictions on import export still relate to transport across state lines, but this of course is rarely enforced.

The passage of the Endangered Species Act (signed by Richard Nixon in 1973) joined the Lacey Act in the two-pronged legislative muscle that controls and protects endangered species and their habitats.  Flora and Fauna that are listed as endangered in the US, or protected by other nation’s laws or international law are restricted for importation and the rules on this have gotten increasingly stronger over the years.  By the end of 2023, virtually every classification of imported goods will need to submit Lacey Act paperwork to customs for legal entry into the US. 

The intention of these laws is to protect a rare resource and to help ensure that there is no commercial trade that promotes further endangerment of classified flora and fauna materials.  The key is to understand what materials exactly is protected, whether what you are importing contains any of those materials, and to follow the rules regarding importing them.  This pertains mostly to dealers who are purchasing instruments or bows from abroad. 

But individuals also need to be aware of the rules regarding transport of personal articles containing materials derived from flora or fauna: wood, animal parts etc.  Some materials are fine, some are not.  If you are travelling with an instrument or bow made from specifically listed endangered species without the proper documentation, the penalties are quite severe starting with confiscation (and probable destruction) of the instrument or bow.  Ignorance is not an excuse….you are expected to know what your instrument is made from.

There are various laws that govern what materials are protected and to what degree they are protected.  The Endangered Species Act is one, but other rules also apply.  The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) maintains lists of restricted species and our US laws enforce these international covenants as well.  For example, old bows often had frogs made of tortoise shell, an endangered species listed for restrictions under CITES.  Now let’s say you are a travelling musician and want to bring your old bow with you as you perform on a European tour.  In order to successfully ensure that you can bring the bow with you and bring it back without risk of confiscation, the bow would need it’s own “passport.” This passport, or permit, would be issued in advance by the US Dept of Fish and Wildlife and would travel with the bow and, like a human passport, be stamped at the borders upon exit and re-entry into the US.  Only certain airports have the official capacity to handle this so travel would need to pass through these ports.  And a passport is only temporary; they expire after three years and require updating.

In recent news, Pernambuco, the wood used in fine bow making, was considered for top-level protection by the recent meeting of CITES.  While the organization rejected a Brazilian petition to heighten the Pernambuco protections to Appendix I (meaning: full protection like ivory, tortoise and other top-level endangered species), they did increase the protections and suggested that the issue of Pernambuco would be considered again in three years when they meet again.

Other materials used in instrument making also are at risk of increased protection.  Rare woods like Ebony are also endangered or threatened and while they do not have CITES protections at this time (mostly), the increased use and limited supply put pressure on CITES and other organizations to act to protect.  Many countries have already passed unilateral laws restricting or forbidding export of Ebony and it is certain that as global demand increases and global warming and deforestation decreases supply that the instrument world will be facing more and more restrictions.

Between the Lacey Act controlling commercial import and export, the Endangered Species Act controlling commercial and non-commercial transportation of endangered materials, and a host of other laws and restrictions, it is critical that players truly understand what their instruments are made from.  Many violin shops are now offering Material Information Sheets to help document the materials used in an instrument and this is a start towards compliance with complex laws.