16 U.S. Code § 3372 - Prohibited acts
(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—
(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—
(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—
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—
(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;
(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).
(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;
(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—
(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;
Source
(Pub. L. 97–79, § 3,Nov. 16, 1981, 95 Stat. 1074; Pub. L. 100–653, title I, § 101,Nov. 14, 1988, 102 Stat. 3825; Pub. L. 108–191, § 3(a),Dec. 19, 2003, 117 Stat. 2871; Pub. L. 110–234, title VIII, § 8204(b),May 22, 2008, 122 Stat. 1292; Pub. L. 110–246, § 4(a), title VIII, § 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. 110–234and Pub. L. 110–246made identical amendments to this section. The amendments by Pub. L. 110–234were repealed by section 4(a) ofPub. L. 110–246.
Amendments
2008—Subsec. (a)(2)(B). Pub. L. 110–246, § 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, § 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, § 8204(b)(2), added subsec. (f).
2003—Subsec. (a)(2)(C). Pub. L. 108–191, § 3(a)(1)(A), added subpar. (C).
Subsec. (a)(3)(B). Pub. L. 108–191, § 3(a)(1)(B), inserted “or” after semicolon at end.
Subsec. (a)(4). Pub. L. 108–191, § 3(a)(1)(C), substituted “paragraphs (1) through (3)” for “paragraphs (1) through (4)”.
Subsec. (e). Pub. L. 108–191, § 3(a)(2), added subsec. (e).
1988—Subsec. (a)(1). Pub. L. 100–653, § 101(1), substituted “taken, possessed, transported, or sold” for “taken or possessed”.
Subsec. (a)(4), (5). Pub. L. 100–653, § 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, § 101(3), added subsecs. (c) and (d).
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub. L. 110–234by Pub. L. 110–246effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 ofPub. 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, § 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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