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CITE

    18 USC Sec. 42                                              01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 3 - ANIMALS, BIRDS, FISH, AND PLANTS

HEAD

    Sec. 42. Importation or shipment of injurious mammals, birds, fish
      (including mollusks and crustacea), amphibia, and reptiles;
      permits, specimens for museums; regulations

STATUTE

      (a)(1) The importation into the United States, any territory of
    the United States, the District of Columbia, the Commonwealth of
    Puerto Rico, or any possession of the United States, or any
    shipment between the continental United States, the District of
    Columbia, Hawaii, the Commonwealth of Puerto Rico, or any
    possession of the United States, of the mongoose of the species
    Herpestes auropunctatus; of the species of so-called "flying foxes"
    or fruit bats of the genus Pteropus; of the zebra mussel of the
    species Dreissena polymorpha; and such other species of wild
    mammals, wild birds, fish (including mollusks and crustacea),
    amphibians, reptiles, brown tree snakes, or the offspring or eggs
    of any of the foregoing which the Secretary of the Interior may
    prescribe by regulation to be injurious to human beings, to the
    interests of agriculture, horticulture, forestry, or to wildlife or
    the wildlife resources of the United States, is hereby prohibited.
    All such prohibited mammals, birds, fish (including mollusks and
    crustacea), amphibians, and reptiles, and the eggs or offspring
    therefrom, shall be promptly exported or destroyed at the expense
    of the importer or consignee. Nothing in this section shall be
    construed to repeal or modify any provision of the Public Health
    Service Act or Federal Food, Drug, and Cosmetic Act. Also, this
    section shall not authorize any action with respect to the
    importation of any plant pest as defined in the Federal Plant Pest
    Act,(!1) insofar as such importation is subject to regulation under
    that Act.
      (2) As used in this subsection, the term "wild" relates to any
    creatures that, whether or not raised in captivity, normally are
    found in a wild state; and the terms "wildlife" and "wildlife
    resources" include those resources that comprise wild mammals, wild
    birds, fish (including mollusks and crustacea), and all other
    classes of wild creatures whatsoever, and all types of aquatic and
    land vegetation upon which such wildlife resources are dependent.
      (3) Notwithstanding the foregoing, the Secretary of the Interior,
    when he finds that there has been a proper showing of
    responsibility and continued protection of the public interest and
    health, shall permit the importation for zoological, educational,
    medical, and scientific purposes of any mammals, birds, fish
    (including mollusks and crustacea), amphibia, and reptiles, or the
    offspring or eggs thereof, where such importation would be
    prohibited otherwise by or pursuant to this Act, and this Act shall
    not restrict importations by Federal agencies for their own use.
      (4) Nothing in this subsection shall restrict the importation of
    dead natural-history specimens for museums or for scientific
    collections, or the importation of domesticated canaries, parrots
    (including all other species of psittacine birds), or such other
    cage birds as the Secretary of the Interior may designate.
      (5) The Secretary of the Treasury and the Secretary of the
    Interior shall enforce the provisions of this subsection, including
    any regulations issued hereunder, and, if requested by the
    Secretary of the Interior, the Secretary of the Treasury may
    require the furnishing of an appropriate bond when desirable to
    insure compliance with such provisions.
      (b) Whoever violates this section, or any regulation issued
    pursuant thereto, shall be fined under this title or imprisoned not
    more than six months, or both.
      (c) The Secretary of the Interior within one hundred and eighty
    days of the enactment of the Lacey Act Amendments of 1981 shall
    prescribe such requirements and issue such permits as he may deem
    necessary for the transportation of wild animals and birds under
    humane and healthful conditions, and it shall be unlawful for any
    person, including any importer, knowingly to cause or permit any
    wild animal or bird to be transported to the United States, or any
    Territory or district thereof, under inhumane or unhealthful
    conditions or in violation of such requirements. In any criminal
    prosecution for violation of this subsection and in any
    administrative proceeding for the suspension of the issuance of
    further permits -
        (1) the condition of any vessel or conveyance, or the
      enclosures in which wild animals or birds are confined therein,
      upon its arrival in the United States, or any Territory or
      district thereof, shall constitute relevant evidence in
      determining whether the provisions of this subsection have been
      violated; and
        (2) the presence in such vessel or conveyance at such time of a
      substantial ratio of dead, crippled, diseased, or starving wild
      animals or birds shall be deemed prima facie evidence of the
      violation of the provisions of this subsection.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 687; May 24, 1949, ch. 139, Sec.
    2, 63 Stat. 89; Pub. L. 86-702, Sec. 1, Sept. 2, 1960, 74 Stat.
    753; Pub. L. 97-79, Sec. 9(d), Nov. 16, 1981, 95 Stat. 1079; Pub.
    L. 101-646, title I, Sec. 1208, Nov. 29, 1990, 104 Stat. 4772; Pub.
    L. 102-237, title X, Sec. 1013(e), Dec. 13, 1991, 105 Stat. 1901;
    Pub. L. 103-322, title XXXIII, Sec. 330016(1)(G), Sept. 13, 1994,
    108 Stat. 2147; Pub. L. 104-332, Sec. 2(h)(1), Oct. 26, 1996, 110
    Stat. 4091.)

HISTORICAL AND REVISION NOTES

                                 1948 ACT
      Based on title 18, U.S.C., 1940 ed., Secs. 391, 394 (Mar. 4,
    1909, ch. 321, Secs. 241, 244, 35 Stat. 1137, 1138; June 15, 1935,
    ch. 261, title II, Sec. 201, 49 Stat. 381; Reorg. Plan No. II, Sec.
    4(f), 4 F.R. 2731, 53 Stat. 1433).
      This section consolidates the provisions of sections 391 and 394
    of title 18, U.S.C., 1940 ed., as subsections (a) and (b),
    respectively.
      In subsection (a) the words "Territory or District thereof" were
    omitted as unnecessary in view of the definition of the United
    States in section 5 of this title.
      In subsection (b) the words "upon conviction thereof", were
    omitted as surplusage because punishment can only be imposed after
    conviction.
      The amount of the fine was reduced from $1,000 to $500, thus
    making the violation a petty offense as defined in section 1 of
    this title. (See also section 41 of this title which provides a
    similar punishment.)
      Minor verbal changes were also made.
                                 1949 ACT
      This section [section 2] incorporates in section 42 of title 18,
    U.S.C., with slight changes in phraseology, the provisions of act
    of June 29, 1948 (ch. 716, 62 Stat. 1096), which became law
    subsequent to the enactment of the revision of title 18.

REFERENCES IN TEXT

      The Public Health Service Act, referred to in subsec. (a)(1), is
    act July 1, 1944, ch. 373, 58 Stat. 682, as amended, which is
    classified generally to chapter 6A (Sec. 201 et seq.) of Title 42,
    The Public Health and Welfare. For complete classification of this
    Act to the Code, see Short Title note set out under section 201 of
    Title 42 and Tables.
      The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
    (a)(1), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,
    which is classified generally to chapter 9 (Sec. 301 et seq.) of
    Title 21, Foods and Drugs. For complete classification of this Act
    to the Code, see section 301 of Title 21 and Tables.
      The Federal Plant Pest Act, referred to in subsec. (a)(1), is
    Pub. L. 85-36, title I, May 23, 1957, 71 Stat. 31, as amended,
    which was classified generally to chapter 7B (Sec. 150aa et seq.)
    of Title 7, Agriculture, prior to repeal by Pub. L. 106-224, title
    IV, Sec. 438(a)(2), June 20, 2000, 114 Stat. 454. For complete
    classification of this Act to the Code, see Tables.
      This Act, referred to in subsec. (a)(3), probably refers to Pub.
    L. 86-702, which amended this section and section 43 of this title.
      The enactment of the Lacey Act Amendments of 1981, referred to in
    subsec. (c), means the date of enactment of Pub. L. 97-79, which
    was approved Nov. 16, 1981.

AMENDMENTS

      1996 - Subsec. (a)(1). Pub. L. 104-332 made technical amendment
    to Pub. L. 101-646, Sec. 1208. See 1990 Amendment note below.
      1994 - Subsec. (b). Pub. L. 103-322 substituted "fined under this
    title" for "fined not more than $500".
      1991 - Subsec. (a)(1). Pub. L. 102-237 inserted "brown tree
    snakes," after "reptiles," in first sentence.
      1990 - Subsec. (a)(1). Pub. L. 101-646, as amended by Pub. L. 104-
    332, inserted "of the zebra mussel of the species Dreissena
    polymorpha;" after "Pteropus;".
      1981 - Subsec. (c). Pub. L. 97-79 substituted "Secretary of the
    Interior within one hundred and eighty days of the enactment of the
    Lacey Act Amendments of 1981" for "Secretary of the Treasury".
      1960 - Pub. L. 86-702 substituted "Importation or shipment of
    injurious mammals, birds, fish (including mollusks and crustacea),
    amphibia and reptiles; permits; specimens for museums; regulations"
    for "Importation of injurious animals and birds; permits; specimens
    for museums" in section catchline.
      Subsec. (a)(1). Pub. L. 86-702 designated first sentence of
    subsec. (a) as par. (1), prohibited importation into the
    Commonwealth of Puerto Rico or any possession of the United States
    and shipments between the continental United States, the District
    of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any
    possession of the United States, described the mongoose and flying
    foxes by their scientific names, extended the provisions
    prohibiting importation or shipment to include wild mammals, wild
    birds, fish (including mollusks and crustacea), amphibians,
    reptiles, or their eggs or offspring, empowered the Secretary to
    prohibit importation or shipment if injurious to human beings,
    forestry, or to wildlife or wildlife resources, required prompt
    exportation or destruction at the expense of the importer or
    consignee, provided that this section shall not be construed to
    repeal or modify any provision of the Public Health Service Act or
    Federal Food, Drug, and Cosmetic Act and that it shall not
    authorize any action with respect to the importation of plant
    pests, and deleted provisions which required destruction of
    prohibited birds and animals or their return at the expense of the
    owner, and which prohibited the importation of the English sparrow
    and the starling.
      Subsec. (a)(2), (3). Pub. L. 86-702 added pars. (2) and (3).
      Subsec. (a)(4). Pub. L. 86-702 designated second sentence of
    subsec. (a) as par. (4), limited importation of natural-history
    specimens to dead ones, and included all species of psittacine
    birds.
      Subsec. (a)(5). Pub. L. 86-702 designated third sentence of
    subsec. (a) as par. (5), authorized enforcement by the Secretary of
    the Interior, and permitted the Secretary of the Treasury, if
    requested by the Secretary of the Interior, to require the
    furnishing of a bond.
      Subsec. (b). Pub. L. 86-702 included violations of regulations.
      1949 - Subsec. (a). Act May 24, 1949, made section applicable to
    any Territory or district thereof as well as to the United States,
    and changed phraseology.
      Subsec. (b). Act May 24, 1949, reenacted subsec. (b) without
    change.
      Subsec. (c). Act May 24, 1949, added subsec. (c).
                             INVASIVE SPECIES
      For provisions relating to restrictions on the introduction of
    invasive species into natural ecosystems of the United States, see
    Ex. Ord. No. 13112, Feb. 3, 1999, 64 F.R. 6183, set out as a note
    under section 4321 of Title 42, The Public Health and Welfare.

FOOTNOTE

    (!1) See References in Text note below.
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