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CITE

    16 USC Sec. 3372                                            01/05/2009

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE

HEAD

    Sec. 3372. Prohibited acts

STATUTE

    (a) Offenses other than marking offenses
      It is unlawful for any person -
        (1) to import, export, transport, sell, receive, acquire, or
      purchase any fish or wildlife or plant taken, possessed,
      transported, or sold in violation of any law, treaty, or
      regulation of the United States or in violation of any Indian
      tribal law;
        (2) to import, export, transport, sell, receive, acquire, or
      purchase in interstate or foreign commerce -
          (A) any fish or wildlife taken, possessed, transported, or
        sold in violation of any law or regulation of any State or in
        violation of any foreign law;
          (B) any plant -
            (i) taken, possessed, transported, or sold in violation of
          any law or regulation of any State, or any foreign law, that
          protects plants or that regulates -
              (I) the theft of plants;
              (II) the taking of plants from a park, forest reserve, or
            other officially protected area;
              (III) the taking of plants from an officially designated
            area; or
              (IV) the taking of plants without, or contrary to,
            required authorization;
            (ii) taken, possessed, transported, or sold without the
          payment of appropriate royalties, taxes, or stumpage fees
          required for the plant by any law or regulation of any State
          or any foreign law; or
            (iii) taken, possessed, transported, or sold in violation
          of any limitation under any law or regulation of any State,
          or under any foreign law, governing the export or
          transshipment of plants; or
          (C) any prohibited wildlife species (subject to subsection
        (e) of this section);
        (3) within the special maritime and territorial jurisdiction of
      the United States (as defined in section 7 of title 18) -
          (A) to possess any fish or wildlife taken, possessed,
        transported, or sold in violation of any law or regulation of
        any State or in violation of any foreign law or Indian tribal
        law, or
          (B) to possess any plant -
            (i) taken, possessed, transported, or sold in violation of
          any law or regulation of any State, or any foreign law, that
          protects plants or that regulates -
              (I) the theft of plants;
              (II) the taking of plants from a park, forest reserve, or
            other officially protected area;
              (III) the taking of plants from an officially designated
            area; or
              (IV) the taking of plants without, or contrary to,
            required authorization;
            (ii) taken, possessed, transported, or sold without the
          payment of appropriate royalties, taxes, or stumpage fees
          required for the plant by any law or regulation of any State
          or any foreign law; or
            (iii) taken, possessed, transported, or sold in violation
          of any limitation under any law or regulation of any State,
          or under any foreign law, governing the export or
          transshipment of plants; or
        (4) to attempt to commit any act described in paragraphs (1)
      through (3).
    (b) Marking offenses
      It is unlawful for any person to import, export, or transport in
    interstate commerce any container or package containing any fish or
    wildlife unless the container or package has previously been
    plainly marked, labeled, or tagged in accordance with the
    regulations issued pursuant to paragraph (2) of section 3376(a) of
    this title.
    (c) Sale and purchase of guiding and outfitting services and
      invalid licenses and permits
      (1) Sale
        It is deemed to be a sale of fish or wildlife in violation of
      this chapter for a person for money or other consideration to
      offer or provide -
          (A) guiding, outfitting, or other services; or
          (B) a hunting or fishing license or permit;
      for the illegal taking, acquiring, receiving, transporting, or
      possessing of fish or wildlife.
      (2) Purchase
        It is deemed to be a purchase of fish or wildlife in violation
      of this chapter for a person to obtain for money or other
      consideration -
          (A) guiding, outfitting, or other services; or
          (B) a hunting or fishing license or permit;
      for the illegal taking, acquiring, receiving, transporting, or
      possessing of fish or wildlife.
    (d) False labeling offenses
      It is unlawful for any person to make or submit any false record,
    account, or label for, or any false identification of, any fish,
    wildlife, or plant which has been, or is intended to be -
        (1) imported, exported, transported, sold, purchased, or
      received from any foreign country; or
        (2) transported in interstate or foreign commerce.
    (e) Nonapplicability of prohibited wildlife species offense
      (1) In general
        Subsection (a)(2)(C) of this section does not apply to
      importation, exportation, transportation, sale, receipt,
      acquisition, or purchase of an animal of a prohibited wildlife
      species, by a person that, under regulations prescribed under
      paragraph (3), is described in paragraph (2) with respect to that
      species.
      (2) Persons described
        A person is described in this paragraph, if the person -
          (A) is licensed or registered, and inspected, by the Animal
        and Plant Health Inspection Service or any other Federal agency
        with respect to that species;
          (B) is a State college, university, or agency, State-licensed
        wildlife rehabilitator, or State-licensed veterinarian;
          (C) is an accredited wildlife sanctuary that cares for
        prohibited wildlife species and -
            (i) is a corporation that is exempt from taxation under
          section 501(a) of title 26 and described in sections
          501(c)(3) and 170(b)(1)(A)(vi) of such title;
            (ii) does not commercially trade in animals listed in
          section 3371(g) of this title, including offspring, parts,
          and byproducts of such animals;
            (iii) does not propagate animals listed in section 3371(g)
          of this title; and
            (iv) does not allow direct contact between the public and
          animals; or
          (D) has custody of the animal solely for the purpose of
        expeditiously transporting the animal to a person described in
        this paragraph with respect to the species.
      (3) Regulations
        Not later than 180 days after December 19, 2003, the Secretary,
      in cooperation with the Director of the Animal and Plant Health
      Inspection Service, shall promulgate regulations describing the
      persons described in paragraph (2).
      (4) State authority
        Nothing in this subsection preempts or supersedes the authority
      of a State to regulate wildlife species within that State.
      (5) Authorization of appropriations
        There is authorized to be appropriated to carry out subsection
      (a)(2)(C) of this section $3,000,000 for each of fiscal years
      2004 through 2008.
    (f) Plant declarations
      (1) Import declaration
        Effective 180 days from the date of enactment of this
      subsection, and except as provided in paragraph (3), it shall be
      unlawful for any person to import any plant unless the person
      files upon importation a declaration that contains -
          (A) the scientific name of any plant (including the genus and
        species of the plant) contained in the importation;
          (B) a description of -
            (i) the value of the importation; and
            (ii) the quantity, including the unit of measure, of the
          plant; and
          (C) the name of the country from which the plant was taken.
      (2) Declaration relating to plant products
        Until the date on which the Secretary promulgates a regulation
      under paragraph (6), a declaration relating to a plant product
      shall -
          (A) in the case in which the species of plant used to produce
        the plant product that is the subject of the importation
        varies, and the species used to produce the plant product is
        unknown, contain the name of each species of plant that may
        have been used to produce the plant product;
          (B) in the case in which the species of plant used to produce
        the plant product that is the subject of the importation is
        commonly taken from more than one country, and the country from
        which the plant was taken and used to produce the plant product
        is unknown, contain the name of each country from which the
        plant may have been taken; and
          (C) in the case in which a paper or paperboard plant product
        includes recycled plant product, contain the average percent
        recycled content without regard for the species or country of
        origin of the recycled plant product, in addition to the
        information for the non-recycled plant content otherwise
        required by this subsection.
      (3) Exclusions
        Paragraphs (1) and (2) shall not apply to plants used
      exclusively as packaging material to support, protect, or carry
      another item, unless the packaging material itself is the item
      being imported.
      (4) Review
        Not later than two years after the date of enactment of this
      subsection, the Secretary shall review the implementation of each
      requirement imposed by paragraphs (1) and (2) and the effect of
      the exclusion provided by paragraph (3). In conducting the
      review, the Secretary shall provide public notice and an
      opportunity for comment.
      (5) Report
        Not later than 180 days after the date on which the Secretary
      completes the review under paragraph (4), the Secretary shall
      submit to the appropriate committees of Congress a report
      containing -
          (A) an evaluation of -
            (i) the effectiveness of each type of information required
          under paragraphs (1) and (2) in assisting enforcement of this
          section; and
            (ii) the potential to harmonize each requirement imposed by
          paragraphs (1) and (2) with other applicable import
          regulations in existence as of the date of the report;
          (B) recommendations for such legislation as the Secretary
        determines to be appropriate to assist in the identification of
        plants that are imported into the United States in violation of
        this section; and
          (C) an analysis of the effect of subsection (a) and this
        subsection on -
            (i) the cost of legal plant imports; and
            (ii) the extent and methodology of illegal logging
          practices and trafficking.
      (6) Promulgation of regulations
        Not later than 180 days after the date on which the Secretary
      completes the review under paragraph (4), the Secretary may
      promulgate regulations -
          (A) to limit the applicability of any requirement imposed by
        paragraph (2) to specific plant products;
          (B) to make any other necessary modification to any
        requirement imposed by paragraph (2), as determined by the
        Secretary based on the review; and
          (C) to limit the scope of the exclusion provided by paragraph
        (3), if the limitations in scope are warranted as a result of
        the review.

SOURCE

    (Pub. L. 97-79, Sec. 3, Nov. 16, 1981, 95 Stat. 1074; Pub. L. 100-
    653, title I, Sec. 101, Nov. 14, 1988, 102 Stat. 3825; Pub. L. 108-
    191, Sec. 3(a), Dec. 19, 2003, 117 Stat. 2871; Pub. L. 110-234,
    title VIII, Sec. 8204(b), May 22, 2008, 122 Stat. 1292; Pub. L. 110-
    246, Sec. 4(a), title VIII, Sec. 8204(b), June 18, 2008, 122 Stat.
    1664, 2053.)

REFERENCES IN TEXT

      This chapter, referred to in subsec. (c), was in the original
    "this Act", meaning Pub. L. 97-79, Nov. 16, 1981, 95 Stat. 1073,
    which is classified principally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 3371 of this title and Tables.
      The date of enactment of this subsection, referred to in subsec.
    (f)(1), (4), is the date of enactment of Pub. L. 110-246, which was
    approved June 18, 2008.

CODIFICATION

      Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to
    this section. The amendments by Pub. L. 110-234 were repealed by
    section 4(a) of Pub. L. 110-246.

AMENDMENTS

      2008 - Subsec. (a)(2)(B). Pub. L. 110-246, Sec. 8204(b)(1)(A),
    added subpar. (B) and struck out former subpar. (B) which read as
    follows: "any plant taken, possessed, transported, or sold in
    violation of any law or regulation of any State; or".
      Subsec. (a)(3)(B). Pub. L. 110-246, Sec. 8204(b)(1)(B), added
    subpar. (B) and struck out former subpar. (B) which read as
    follows: "to possess any plant taken, possessed, transported, or
    sold in violation of any law or regulation of any State; or".
      Subsec. (f). Pub. L. 110-246, Sec. 8204(b)(2), added subsec. (f).
      2003 - Subsec. (a)(2)(C). Pub. L. 108-191, Sec. 3(a)(1)(A), added
    subpar. (C).
      Subsec. (a)(3)(B). Pub. L. 108-191, Sec. 3(a)(1)(B), inserted
    "or" after semicolon at end.
      Subsec. (a)(4). Pub. L. 108-191, Sec. 3(a)(1)(C), substituted
    "paragraphs (1) through (3)" for "paragraphs (1) through (4)".
      Subsec. (e). Pub. L. 108-191, Sec. 3(a)(2), added subsec. (e).
      1988 - Subsec. (a)(1). Pub. L. 100-653, Sec. 101(1), substituted
    "taken, possessed, transported, or sold" for "taken or possessed".
      Subsec. (a)(4), (5). Pub. L. 100-653, Sec. 101(2), redesignated
    par. (5) as (4) and struck out former par. (4), which made it
    unlawful for any person having imported, exported, transported,
    sold, purchased, or received any fish or wildlife or plant imported
    from any foreign country or transported in interstate or foreign
    commerce, to make or submit any false record, account, label, or
    identification thereof.
      Subsecs. (c), (d). Pub. L. 100-653, Sec. 101(3), added subsecs.
    (c) and (d).
                     EFFECTIVE DATE OF 2008 AMENDMENT
      Amendment of this section and repeal of Pub. L. 110-234 by Pub.
    L. 110-246 effective May 22, 2008, the date of enactment of Pub. L.
    110-234, see section 4 of Pub. L. 110-246, set out as an Effective
    Date note under section 8701 of Title 7, Agriculture.
                     EFFECTIVE DATE OF 2003 AMENDMENT
      Pub. L. 108-191, Sec. 3(b), Dec. 19, 2003, 117 Stat. 2872,
    provided that: "Section 3(a)(2)(C) of the Lacey Act Amendments of
    1981 [16 U.S.C. 3372(a)(2)(C)] (as added by subsection
    (a)(1)(A)(iii)) shall apply beginning on the effective date of
    regulations promulgated under section 3(e)(3) of that Act [16
    U.S.C. 3372(e)(3)] (as added by subsection (a)(2)) [Sept. 17, 2007,
    see 72 F.R. 45938]."
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