Instruments, Wood, and US Fish and Wildlife

[PorscheGAL]

My son plays the violin and guitar. I would have never even thought to ask what wood they are made from if I was traveling and carrying these with us. I know there are a lot of musicians on this board. What do you guys think? Is the wood mentioned prevalent in the manufacturing? What effect will this have on the prices of instruments? The sound?

Guitar Frets: Environmental Enforcement Leaves Musicians in Fear | Postmodern Times - WSJ.com


Guitar Frets: Environmental Enforcement Leaves Musicians in Fear
By ERIC FELTEN


The Commercial Appeal/Zuma Press
Agents from the U.S. Fish and Wildlife Service pore through the workshop at the Gibson Guitar factory on Wednesday morning.

Federal agents swooped in on Gibson Guitar Wednesday, raiding factories and offices in Memphis and Nashville, seizing several pallets of wood, electronic files and guitars. The Feds are keeping mum, but in a statement yesterday Gibson's chairman and CEO, Henry Juszkiewicz, defended his company's manufacturing policies, accusing the Justice Department of bullying the company. "The wood the government seized Wednesday is from a Forest Stewardship Council certified supplier," he said, suggesting the Feds are using the aggressive enforcement of overly broad laws to make the company cry uncle.

It isn't the first time that agents of the Fish and Wildlife Service have come knocking at the storied maker of such iconic instruments as the Les Paul electric guitar, the J-160E acoustic-electric John Lennon played, and essential jazz-boxes such as Charlie Christian's ES-150. In 2009 the Feds seized several guitars and pallets of wood from a Gibson factory, and both sides have been wrangling over the goods in a case with the delightful name "United States of America v. Ebony Wood in Various Forms."

The question in the first raid seemed to be whether Gibson had been buying illegally harvested hardwoods from protected forests, such as the Madagascar ebony that makes for such lovely fretboards. And if Gibson did knowingly import illegally harvested ebony from Madagascar, that wouldn't be a negligible offense. Peter Lowry, ebony and rosewood expert at the Missouri Botanical Garden, calls the Madagascar wood trade the "equivalent of Africa's blood diamonds." But with the new raid, the government seems to be questioning whether some wood sourced from India met every regulatory jot and tittle.

It isn't just Gibson that is sweating. Musicians who play vintage guitars and other instruments made of environmentally protected materials are worried the authorities may be coming for them next.

If you are the lucky owner of a 1920s Martin guitar, it may well be made, in part, of Brazilian rosewood. Cross an international border with an instrument made of that now-restricted wood, and you better have correct and complete documentation proving the age of the instrument. Otherwise, you could lose it to a zealous customs agent—not to mention face fines and prosecution.

John Thomas, a law professor at Quinnipiac University and a blues and ragtime guitarist, says "there's a lot of anxiety, and it's well justified." Once upon a time, he would have taken one of his vintage guitars on his travels. Now, "I don't go out of the country with a wooden guitar."

The tangled intersection of international laws is enforced through a thicket of paperwork. Recent revisions to 1900's Lacey Act require that anyone crossing the U.S. border declare every bit of flora or fauna being brought into the country. One is under "strict liability" to fill out the paperwork—and without any mistakes.

It's not enough to know that the body of your old guitar is made of spruce and maple: What's the bridge made of? If it's ebony, do you have the paperwork to show when and where that wood was harvested and when and where it was made into a bridge? Is the nut holding the strings at the guitar's headstock bone, or could it be ivory? "Even if you have no knowledge—despite Herculean efforts to obtain it—that some piece of your guitar, no matter how small, was obtained illegally, you lose your guitar forever," Prof. Thomas has written. "Oh, and you'll be fined $250 for that false (or missing) information in your Lacey Act Import Declaration."

Consider the recent experience of Pascal Vieillard, whose Atlanta-area company, A-440 Pianos, imported several antique Bösendorfers. Mr. Vieillard asked officials at the Convention on International Trade in Endangered Species how to fill out the correct paperwork—which simply encouraged them to alert U.S. Customs to give his shipment added scrutiny.

There was never any question that the instruments were old enough to have grandfathered ivory keys. But Mr. Vieillard didn't have his paperwork straight when two-dozen federal agents came calling.

Facing criminal charges that might have put him in prison for years, Mr. Vieillard pleaded guilty to a misdemeanor count of violating the Lacey Act, and was handed a $17,500 fine and three years probation.

Given the risks, why don't musicians just settle for the safety of carbon fiber? Some do—when concert pianist Jeffrey Sharkey moved to England two decades ago, he had Steinway replace the ivories on his piano with plastic.

Still, musicians cling to the old materials. Last year, Dick Boak, director of artist relations for C.F. Martin & Co., complained to Mother Nature News about the difficulty of getting elite guitarists to switch to instruments made from sustainable materials. "Surprisingly, musicians, who represent some of the most savvy, ecologically minded people around, are resistant to anything about changing the tone of their guitars," he said.

You could mark that up to hypocrisy—artsy do-gooders only too eager to tell others what kind of light bulbs they have to buy won't make sacrifices when it comes to their own passions. Then again, maybe it isn't hypocrisy to recognize that art makes claims significant enough to compete with environmentalists' agendas.

[Zeke]

So now what do the ass hole fish and gamers do with the wood?

[crustychief]

They make a campfire with it and congratulate themselves for saving the wood from the evil musicians. Then they get in their Prius and drive 90 MPH home.

[Rick Lee]

I was stopped by German customs once, bringing in an Ernie Ball Music Man guitar, which I was selling to a buddy for about half of what they cost there. I think it was made of basswood and maple. The customs official only asked if I was taking it back to the US with me. I lied and he didn't mark it in my passport, so I made it home with no problem.

[pwd72s]

The ebony in this old cue (bought in the early 70's) might be what is banned now...

Point being, it's just not guitar makers who are nervous these days. Ebony & Ivory can be found in a lot of prized as collectables older cues.


(edit) The age of the above cue is easily documented...the maker died shortly after this cue was made.

[5String43]

Yep, ebony is fairly commonly used for fretboards. Whether or not its protected, though, depends on the variety, I should think. For sure, Gibson, or anyone else, would have to be absolutely nuts to use woods that did not have a clear paper trail proving that it was harvested and sold legally. (And for what it's worth, several varieties of rosewood also are used for fretboards.)

I wondered also why Fish & Game was involved - only thing I can think of is that perhaps they were looking for ivory, which has been used for the bridges and nuts on acoustic instruments. Actually, the hot set up is bone for the bridge and ivory for the nut (or maybe it's vice-versa; I don't recall now) because these supposedly do optimal jobs of transmitting the vibrations of the strings to the wood of the instrument. Ivory of course is a no-no, but what the manufacturers do is use fossilized walrus ivory, which I gather is OK. So maybe that's what they were looking for.

This whole tonewood thing has gotten to be a big mess. Importation of fine mahogany is tighly controlled, and Brazilian Rosewood is, I gather, all but extinct - I know of one luthier who was buying the stumps of Brazian rosewood trees that were harvested decades ago and just left to sit. That's why specifying its use for an instrument gets you an instant upcharge of $4-6 thousand. Even Koa, which yields a tone midway between the bass of rosewood and the smoothness of mahogany, has become rare and expensive. All these wonderful and beautiful woods we so love have become endangered. That's why manufacturers are experimenting with alternative tonewoods.

As for Gibson, a lot of their stuff uses special woods - mahogany for Les Paul bodies and I think for some models of their Mastertone banjos, maple for other banjos and for mandolin bodies, several varieties of spruce for the tops of acoustic instruments - and yep, the different types of spruce all have different tonal characteristics. You tend to pay more for Adirondack spruce, for instance.

[VINMAN]

Originally Posted by milt

So now what do the ass hole fish and gamers do with the wood?

Nail in back on to the tree....

[HelmetHead]

Oh crap..better hide the piano!

[slodave]

Originally Posted by milt

So now what do the ass hole fish and gamers do with the wood?

Milt, based on what I read in another article, when asked, the DF&G said that wood that has been confiscated due to bad paperwork, but would have other wise been legal to import gets auctioned off. If a guitar (example) is confiscated with wood or real tortoise shell or something else that is banned, the guitar would be given to a school, museum... as a display item that would show how the contraband was used.

[slodave]

Stephanie, if you are thinking of traveling abroad, even to Canada, with an instrument, be careful. Most violins are made with ebony (or other exotics) - fretboard, tuning pegs, chin rest. My violin came from Germany. It was my grandfathers and after he passed, it was given to me. It was made in the 1940's and is not special - other than the sentimental value. Even though it's beat up and has the makers sticker, showing the date, it could still be confiscated at customs without the proper export/import papers.

Yes, the wood is prevalent in the manufacturing of instruments, just may not be in large percentages. An acoustic guitar could be all kosher, except for the bridge, which is often made from ebony or rosewood. Prices are affected by the shortages and you pay a pretty penny for certain woods today. As a woodworker you also keep scraps of exotic woods for as long as possible and use as much as you can. You also tend to make veneers from exotics and not use solid pieces in projects. The bow used for the violin, viola, cello, etc is made from a wood that is all but gone - pernambuco wood from Brazil. Other wood is being substituted, but the musicians swear by pernambuco.

[Zeke]

Well blame it all one me. When I was in jr. high I had shop classes. In woodshop and in crafts we used ebony and all that jazz making cufflinks and such.

[Zeke]

AFA putting rare and illegal wood in a museum of non-appropriate use, I'll have to think about that one.

[slodave]

Some international airports have the displays.. I've seen them. They show how harvesting the materials damage ecosystems and make species extinct.. Usually with the message - Think twice before purchasing certain goods..

[Taz's Master]

So, as long as the elephant is already dead, why let the ivory go to waste right? The only way to curtail the harvesting is to eliminate the demand. If you're going to spend thousands on an instrument, will you take the time to determine if it is subject to confiscation?

[TimT]

I have a 1894 Sohmer Grand Piano...The sharp keys are Ebony, the whole keys are Ivory, real Ivory as from the tusk of an Elephant. The soundboard is spruce, the body of the piano is cherry...

Its on par with a Steinway, was made down the street from Steinway, and sold in Steinway showrooms... It is a really beautiful piece of craftsmanship..And according to Piano people a great sounding instrument

I know... What does this have to do with Gibson and the exotic woods...?

Nothing really.... except that I have an instrument that has illegal or protected products in it..

I have someone come every year or so to go over the Piano and tune it and make sure it is "ok"

That person passed, so I found another Piano tuner...He came and recommended that all 88 keys be replaced ( they are real Ivory)..

Last time he will touch my Piano...

This one is very similar to the Piano I have

[slodave]

Tim, your piano is not illegal since it is so old. But since it does have ivory, I'm not sure you would ever be able to ship it out of country with the ivory if you decided to move. They would have to be replaced first and you could never ship the keys out of county by themselves either.

The piano tuner may have suggested swapping them out to protect them. If one chips, cracks or breaks, you won't be able to replace it easily, if at all. It seems that it may still be possible to buy and sell ivory within the US, but it better be well documented that it is pre ban. Also seems that a few countries in Africa were recently allowed to purge confiscated tusks and sold them at auction, with the Japanese buying most of it.

[mikesride]

OK, acoustic instruments I get that the density of the wood would have a major effect on tone. With today electric guitars is it relay still a big "sound" issue, or more of a "artistic" or style preference? I mean there are some great sounding resin body guitars out there right?
I am not trying to be a jerk or anything, just honestly asking those in the know if its relay such a big deal.
I was told my bass body is made from Maple....But I also know that it is not a high end unit as was built in India so........who really knows what its made of!!

[PorscheGAL]

Originally Posted by Taz's Master

So, as long as the elephant is already dead, why let the ivory go to waste right? The only way to curtail the harvesting is to eliminate the demand. If you're going to spend thousands on an instrument, will you take the time to determine if it is subject to confiscation?

I guess, my point is, I have never played an instrument. My son does play. I didn't realize, when buying the instruments that this was even an issue. I, naively, assumed if it is sold then I own it and everything is good. When you buy an instrument, it doesn't come with a book or sheet showing what it is made of. We chose our instruments based on sound and how my son felt playing it. Was it too big, etc?

My next question is: how many people at the customs counter know how to tell what each wood is?

[HarryD]

Geez, this is ridiculous. good to see my pals at the the Fish and Wildlife service are at it again!!!

After all, these are the same folks who are having a devil of time figuring out what to do when one endangered species (sea lions living outside of their normal range) are eating another endangered species (salmon who are living in their normal range). The answer seems pretty obvious to me.

This whole Lacey act thing seems to be yet another overreach of gubbermint (BTW I am not a tea bagger or republican) who passes some law with good intentions but the enforcement forgets the intent. Unfortunately, the cost to defend yourself exceeds the resources of the individuals affected.

We are left with one option, VOTE.

If you feel strongly about this issue, Write your congressmen and let them know what you think and want. Remind them that it is YOU that votes them in and out (not the PACs, special interests or corporations that donate heavily). If they want your vote and those of like minded folks, they need to correct this injustice and get government off the backs of citizens.

[HarryD]

Originally Posted by PorscheGAL

I guess, my point is, I have never played an instrument. My son does play. I didn't realize, when buying the instruments that this was even an issue. I, naively, assumed if it is sold then I own it and everything is good. When you buy an instrument, it doesn't come with a book or sheet showing what it is made of. We chose our instruments based on sound and how my son felt playing it. Was it too big, etc?

My next question is: how many people at the customs counter know how to tell what each wood is?

You are very correct in observing that this issue of ensuring this requirement is met puts a huge burden of proof on the owner. After all, like you, my son has a guitar. The last thing in our mind when buying it was if it was made of some exotic wood that can result in the instrument being confiscated.

I dearly hope that our friends at Gibson, Fender, marshall, yamaha, steinway etc get together and tell the government that enough is enough. How are we going to conduct commerce if every time one of customers transports one of our instruments, they are at risk of losing it forever. We need a rational way to document conformance that does not put the end user at risk.


As far as the agent at the desk making the initial decision, it appears that the problem is not so much the guy at the desk id'ing the regulated woods, but your entry into the their Alice in Wonderland System from the lack of "proper paperwork" as determined by that same guy.