Illegal logging is the offense of harvesting, transporting, processing or trading timber in violation of the law governing where, how much, or under what authorization logging may occur, covering conduct from cutting trees on protected or state-owned land without a permit, to exceeding a lawfully granted harvest quota, to laundering illegally cut timber through false paperwork so that it enters the legitimate timber trade as though it had been lawfully sourced. Because the offense often occurs in remote forested areas with limited enforcement presence, and because timber can be difficult to trace back to its specific point of origin once cut and transported, illegal logging is addressed both by conventional criminal investigation and by a growing body of timber-tracking and chain-of-custody regulation intended to prevent illegally sourced wood from reaching legitimate domestic and export markets in the first place. Large-scale illegal logging operations are frequently connected to organized crime and to corruption of local officials who issue permits or overlook violations, and the offense is treated as a significant driver of deforestation, habitat loss and, in some documented cases, conflict with indigenous communities whose customary land the logging encroaches on. Illegal logging is studied together with poaching and illegal fishing as one of the principal forms of environmental crime targeting a jurisdiction's natural resources for unlawful commercial gain.
Facts
Classification CodeIn the United States, the Lacey Act, as amended by the Food, Conservation, and Energy Act of 2008, makes it illegal to import into the United States plants harvested contrary to any applicable federal, state, Indian tribal or foreign law; the European Union addresses illegal logging separately through the European Union Timber Regulation, adopted in 2010 and effective from 3 March 2013. 1 Typical PenaltyUnder the Lacey Act as amended in 2008, a plant found to have been harvested in violation of the law of the country where it was harvested is subject to seizure and forfeiture if imported into the United States; separately the Act makes it unlawful, from 15 December 2008, to import certain plants and plant products without a Plant and Plant Product Declaration. 1 Elements of OffenseThe harvesting procedure itself may be illegal, including using corrupt means to gain access to forests, extraction without permission or from a protected area, cutting down protected species, or extracting timber in excess of agreed limits; illegality can also occur during transport, through illegal processing and export by fraudulent declaration to customs, avoidance of taxes and other charges, and fraudulent certification, acts collectively referred to as wood laundering. 1 Notable ExampleIn May 2003 an Indonesian government investigation confirmed that the logging company Korindo was receiving illegal timber sourced from the Tanjung Puting National Park, an orangutan refuge recognized as a UNESCO world biosphere reserve, prompting Greenpeace actions in March 2004 against a cargo ship carrying Korindo timber into France, the United Kingdom, Belgium and the Netherlands. 1 Jurisdiction VariationThe European Union Timber Regulation, adopted in 2010 and effective from 3 March 2013, prohibits placing illegally harvested timber on the EU market for the first time and requires EU traders to exercise due diligence, a regime distinct from the United States Lacey Act's own seizure-and-forfeiture and import-declaration approach. 1 Classification
Offense GradeMinor or Summary Offense 1 In the Other Atlases
- Also in Geography Atlas: Europe, found in there.
- Also in Geography Atlas: North America, found in there.
Sources
1. Illegal Logging (Wikipedia)
WikipediaUnited States section, Lacey Act amendment sentence
on 22 May 2008, the U.S. amended the Lacey Act, when the Food, Conservation, and Energy Act of 2008 expanded its protection to a broader range of plants and plant products
United States section, seizure and forfeiture sentence
If a plant is found to have been harvested in violation of the laws of the country where it was harvested, that plant would be subject to seizure and forfeiture if imported into the U.S.
lead paragraph, second sentence
The harvesting procedure itself may be illegal, including using corrupt means to gain access to forests; extraction without permission, or from a protected area; the cutting down of protected species; or the extraction of timber in excess of agreed limits.
Mitigation section, Korindo investigation sentence
In May 2003, an Indonesian Government investigation confirmed that Korindo was receiving illegal timber from notorious timber barons known to obtain timber from an orang-utan refuge, the Tanjung Puting National Park.
European Union section, Timber Regulation prohibition sentence
It prohibits the placing on the EU market for the first time of illegally harvested timber and products derived from such timber
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