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]."
Transactional Records Access
Clearinghouse, Syracuse University
Copyright 2010