Lacey Act Amendments 16 U.S.C. §§ 3371-3378

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18 USC 42-43
16 USC 3371-3378
Lacey Act
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
CHAPTER 3—ANIMALS, BIRDS, FISH, AND PLANTS
Release date: 2004-08-06
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§ 42. Importation or shipment of injurious mammals, birds, fish (including mollusks and
crustacea), amphibia, and reptiles; permits, specimens for museums; regulations
§ 43. Animal enterprise terrorism

CHAPTER 53—CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE
Release date: 2005-01-03
3371.
3372.

Definitions.
Prohibited acts.
(a) Offenses other than marking offenses.
(b) Marking offenses.
(c) Sale and purchase of guiding and outfitting services and invalid licenses and permits.
(d) False labeling offenses.
(e) Nonapplicability of prohibited wildlife species offense.
3373.
Penalties and sanctions.
(a) Civil penalties.
(b) Hearings.
(c) Review of civil penalty.
(d) Criminal penalties.
(e) Permit sanctions.
3374.
Forfeiture.
(a) In general.
(b) Application of customs laws.
(c) Storage cost.
3375.
Enforcement.
(a) In general.
(b) Powers.
(c) Jurisdiction of district courts.
(d) Rewards and incidental expenses.
3376.
Administration.
(a) Regulations.
(b) Contract authority.
3377.
Exceptions.
(a) Activities regulated by plan under Magnuson-Stevens Fishery Conservation and Management Act.
(b) Activities regulated by Tuna Convention Acts; harvesting of highly migratory species taken on
high seas.
(c) Interstate shipment or transshipment through Indian country of fish, wildlife, or plants for legal
purposes.
3378.
Miscellaneous provisions.

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Lacey Act
(a)
(b)
(c)
(d)
(e)

Effect on powers of States.
Repeals.
Disclaimers.
Travel and transportation expenses.
Interior appropriations budget proposal.

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

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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.
§ 43. Animal enterprise terrorism
(a) Offense.— Whoever—
(1) travels in interstate or foreign commerce, or uses or causes to be used the mail or any facility in
interstate or foreign commerce for the purpose of causing physical disruption to the functioning of an
animal enterprise; and
(2) intentionally damages or causes the loss of any property (including animals or records) used by the
animal enterprise, or conspires to do so,
shall be punished as provided for in subsection (b).
(b) Penalties.—
(1) Economic damage.— Any person who, in the course of a violation of subsection (a), causes economic
damage not exceeding $10,000 to an animal enterprise shall be fined under this title or imprisoned not
more than 6 months, or both.
(2) Major economic damage.— Any person who, in the course of a violation of subsection (a), causes
economic damage exceeding $10,000 to an animal enterprise shall be fined under this title or imprisoned
not more than 3 years, or both.
(3) Serious bodily injury.— Any person who, in the course of a violation of subsection (a), causes serious
bodily injury to another individual shall be fined under this title or imprisoned not more than 20 years, or
both.
(4) Death.— Any person who, in the course of a violation of subsection (a), causes the death of an
individual shall be fined under this title and imprisoned for life or for any term of years.
(c) Restitution.— An order of restitution under section 3663 or 3663A of this title with respect to a violation of
this section may also include restitution—
(1) for the reasonable cost of repeating any experimentation that was interrupted or invalidated as a
result of the offense;
(2) the loss of food production or farm income reasonably attributable to the offense; and
(3) for any other economic damage resulting from the offense.
(d) Definitions.— As used in this section—
(1) the term “animal enterprise” means—
(A) a commercial or academic enterprise that uses animals for food or fiber production, agriculture,
research, or testing;
(B) a zoo, aquarium, circus, rodeo, or lawful competitive animal event; or
(C) any fair or similar event intended to advance agricultural arts and sciences;
(2) the term “physical disruption” does not include any lawful disruption that results from lawful public,
governmental, or animal enterprise employee reaction to the disclosure of information about an animal
enterprise;
(3) the term “economic damage” means the replacement costs of lost or damaged property or records,
the costs of repeating an interrupted or invalidated experiment, or the loss of profits; and
(4) the term “serious bodily injury” has the meaning given that term in section 1365 of this title.
(e) Non-Preemption.— Nothing in this section preempts any State law.
§ 3371. Definitions

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For the purposes of this chapter:
(a) The term "fish or wildlife" means any wild animal, whether alive or dead, including without limitation any
wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, arthropod, coelenterate, or other
invertebrate, whether or not bred, hatched, or born in captivity, and includes any part, product, egg, or
offspring thereof.
(b) The term "import" means to land on, bring into, or introduce into, any place subject to the jurisdiction of
the United States, whether or not such landing, bringing, or introduction constitutes an importation within the
meaning of the customs laws of the United States.
(c) The term "Indian tribal law" means any regulation of, or other rule of conduct enforceable by, any Indian
tribe, band, or group but only to the extent that the regulation or rule applies within Indian country as defined
in section 1151 of title 18.
(d) The terms "law," "treaty," "regulation," and "Indian tribal law" mean laws, treaties, regulations or Indian
tribal laws which regulate the taking, possession, importation, exportation, transportation, or sale of fish or
wildlife or plants.
(e) The term "person" includes any individual, partnership, association, corporation, trust, or any officer,
employee, agent, department, or instrumentality of the Federal Government or of any State or political
subdivision thereof, or any other entity subject to the jurisdiction of the United States.
(f) The terms "plant" and "plants" mean any wild member of the plant kingdom, including roots, seeds, and
other parts thereof (but excluding common food crops and cultivars) which is indigenous to any State and
which is either
(A) listed on an appendix to the Convention on International Trade in Endangered Species of Wild
Fauna and Flora, or
(B) listed pursuant to any State law that provides for the conservation of species threatened with
extinction.
(g) Prohibited Wildlife Species. - The term "prohibited wildlife species" means any live species of lion, tiger,
leopard, cheetah, jaguar, or cougar or any hybrid of such species.
(h) The term "Secretary" means, except as otherwise provided in this chapter, the Secretary of the Interior or
the Secretary of Commerce, as program responsibilities are vested pursuant to the provisions of
Reorganization Plan Numbered 4 of 1970 (84 Stat. 2090); except that with respect to the provisions of this
chapter which pertain to the importation or exportation of plants the term means the Secretary of Agriculture.
(i) The term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, Northern Mariana Islands, American Samoa, and any other territory,
commonwealth, or possession of the United States.
(j) The term "taken" means captured, killed, or collected.
(k) The term "transport" means to move, convey, carry, or ship by any means, or to deliver or receive for the
purpose of movement, conveyance, carriage, or shipment.
(Pub. L. 97-79, Sec. 2, Nov. 16, 1981, 95 Stat. 1073; Pub. L. 108-191, Sec. 2, Dec. 19, 2003, 117 Stat.
2871.)
REFERENCES IN TEXT
This chapter, referred to in the provision preceding par. (a), and in par. (h), was in the original "this Act" and
"the Act", meaning Pub. L. 97-79, Nov. 16, 1981, 95 Stat. 1073, known as the Lacey Act Amendments of
1981, which enacted this chapter; amended section 1540 of this title and section 42 of Title 18, Crimes and
Criminal Procedure; repealed sections 667e and 851 to 856 of this title and sections 43, 44, 3054, and 3112
of Title 18; and enacted provisions set out as notes under sections 1540 and 3371 of this title. For complete
classification of this Act to the Code, see Short Title note set out below and Tables.
Reorganization Plan No. 4 of 1970 (84 Stat. 2090), referred to in par. (h), is set out in the Appendix to Title 5,
Government Organization and Employees.
AMENDMENTS

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2003 - Subsecs. (g) to (k). Pub. L. 108-191 added subsec. (g) and redesignated former subsecs. (g) to (j) as
(h) to (k), respectively.
SHORT TITLE OF 2003 AMENDMENT
Pub. L. 108-191, Sec. 1, Dec. 19, 2003, 117 Stat. 2871, provided that: "This Act [amending this section and
section 3372 of this title and enacting provisions set out as a note under section 3372 of this title] may be
cited as the 'Captive Wildlife Safety Act'."
SHORT TITLE
Section 1 of Pub. L. 97-79 provided: "That this Act [enacting this chapter, amending section 1540 of this title
and section 42 of Title 18, Crimes and Criminal Procedure, repealing sections 667e and 851 to 856 of this title
and sections 43, 44, 3054, and 3112 of Title 18, and enacting provisions set out as a note under section
1540 of this title] may be cited as the 'Lacey Act Amendments of 1981'."
§ 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 taken, possessed, transported, or sold in violation of any law or regulation of
any State; 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 taken, possessed, transported, or sold in violation of any law or
regulation of any State; 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

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(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 Statelicensed 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.
(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.)
AMENDMENTS
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

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subsecs. (c) and (d).
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))."
§ 3373. Penalties and sanctions
(a) Civil penalties
(1) Any person who engages in conduct prohibited by any provision of this chapter (other than
subsections (b) and (d) of section 3372 of this title) and in the exercise of due care should know that the
fish or wildlife or plants were taken, possessed, transported, or sold in violation of, or in a manner
unlawful under, any underlying law, treaty, or regulation, and any person who knowingly violates section
3372 (d) of this title, may be assessed a civil penalty by the Secretary of not more than $10,000 for each
such violation: Provided, That when the violation involves fish or wildlife or plants with a market value of
less than $350, and involves only the transportation, acquisition, or receipt of fish or wildlife or plants
taken or possessed in violation of any law, treaty, or regulation of the United States, any Indian tribal law,
any foreign law, or any law or regulation of any State, the penalty assessed shall not exceed the
maximum provided for violation of said law, treaty, or regulation, or $10,000, whichever is less.
(2) Any person who violates section 3372 (b) of this title may be assessed a civil penalty by the Secretary
of not more than $250.
(3) For purposes of paragraphs (1) and (2), any reference to a provision of this chapter or to a section of
this chapter shall be treated as including any regulation issued to carry out any such provision or section.
(4) No civil penalty may be assessed under this subsection unless the person accused of the violation is
given notice and opportunity for a hearing with respect to the violation. Each violation shall be a separate
offense and the offense shall be deemed to have been committed not only in the district where the
violation first occurred, but also in any district in which a person may have taken or been in possession of
the said fish or wildlife or plants.
(5) Any civil penalty assessed under this subsection may be remitted or mitigated by the Secretary.
(6) In determining the amount of any penalty assessed pursuant to paragraphs (1) and (2), the Secretary
shall take into account the nature, circumstances, extent, and gravity of the prohibited act committed,
and with respect to the violator, the degree of culpability, ability to pay, and such other matters as justice
may require.
(b) Hearings
Hearings held during proceedings for the assessment of civil penalties shall be conducted in accordance with
section 554 of title 5. The administrative law judge may issue subpenas for the attendance and testimony of
witnesses and the production of relevant papers, books, or documents, and may administer oaths. Witnesses
summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United
States. In case of contumacy or refusal to obey a subpena issued pursuant to this paragraph and served upon
any person, the district court of the United States for any district in which such person is found, resides, or
transacts business, upon application by the United States and after notice to such person, shall have
jurisdiction to issue an order requiring such person to appear and give testimony before the administrative law
judge or to appear and produce documents before the administrative law judge, or both, and any failure to
obey such order of the court may be punished by such court as a contempt thereof.
(c) Review of civil penalty
Any person against whom a civil penalty is assessed under this section may obtain review thereof in the
appropriate District Court of the United States by filing a complaint in such court within 30 days after the date
of such order and by simultaneously serving a copy of the complaint by certified mail on the Secretary, the

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Attorney General, and the appropriate United States attorney. The Secretary shall promptly file in such court a
certified copy of the record upon which such violation was found or such penalty imposed, as provided in
section 2112 of title 28. If any person fails to pay an assessment of a civil penalty after it has become a final
and unappealable order or after the appropriate court has entered final judgment in favor of the Secretary,
the Secretary may request the Attorney General of the United States to institute a civil action in an
appropriate district court of the United States to collect the penalty, and such court shall have jurisdiction to
hear and decide any such action. In hearing such action, the court shall have authority to review the violation
and the assessment of the civil penalty de novo.
(d) Criminal penalties
(1) Any person who—
(A) knowingly imports or exports any fish or wildlife or plants in violation of any provision of this
chapter (other than subsections (b) and (d) of section 3372 of this title), or
(B) violates any provision of this chapter (other than subsections (b) and (d) of section 3372 of this
title) by knowingly engaging in conduct that involves the sale or purchase of, the offer of sale or
purchase of, or the intent to sell or purchase, fish or wildlife or plants with a market value in excess of
$350,
knowing that the fish or wildlife or plants were taken, possessed, transported, or sold in violation of, or in
a manner unlawful under, any underlying law, treaty or regulation, shall be fined not more than $20,000,
or imprisoned for not more than five years, or both. Each violation shall be a separate offense and the
offense shall be deemed to have been committed not only in the district where the violation first occurred,
but also in any district in which the defendant may have taken or been in possession of the said fish or
wildlife or plants.
(2) Any person who knowingly engages in conduct prohibited by any provision of this chapter (other than
subsections (b) and (d) of section 3372 of this title) and in the exercise of due care should know that the
fish or wildlife or plants were taken, possessed, transported, or sold in violation of, or in a manner
unlawful under, any underlying law, treaty or regulation shall be fined not more than $10,000, or
imprisoned for not more than one year, or both. Each violation shall be a separate offense and the offense
shall be deemed to have been committed not only in the district where the violation first occurred, but
also in any district in which the defendant may have taken or been in possession of the said fish or wildlife
or plants.
(3) Any person who knowingly violates section 3372 (d) of this title—
(A) shall be fined under title 18 or imprisoned for not more than 5 years, or both, if the offense
involves—
(i) the importation or exportation of fish or wildlife or plants; or
(ii) the sale or purchase, offer of sale or purchase, or commission of an act with intent to sell
or purchase fish or wildlife or plants with a market value greater than $350; and
(B) shall be fined under title 18 or imprisoned for not more than 1 year, or both, if the offense does
not involve conduct described in subparagraph (A).
(e) Permit sanctions
The Secretary may also suspend, modify, or cancel any Federal hunting or fishing license, permit, or stamp, or
any license or permit authorizing a person to import or export fish or wildlife or plants (other than a permit or
license issued pursuant to the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1801
et seq.]), or to operate a quarantine station or rescue center for imported wildlife or plants, issued to any
person who is convicted of a criminal violation of any provision of this chapter or any regulation issued
hereunder. The Secretary shall not be liable for the payments of any compensation, reimbursement, or
damages in connection with the modification, suspension, or revocation of any licenses, permits, stamps, or
other agreements pursuant to this section.
§ 3374. Forfeiture
(a) In general

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(1) All fish or wildlife or plants imported, exported, transported, sold, received, acquired, or purchased
contrary to the provisions of section 3372 of this title (other than section 3372 (b) of this title), or any
regulation issued pursuant thereto, shall be subject to forfeiture to the United States notwithstanding any
culpability requirements for civil penalty assessment or criminal prosecution included in section 3373 of
this title.
(2) All vessels, vehicles, aircraft, and other equipment used to aid in the importing, exporting,
transporting, selling, receiving, acquiring, or purchasing of fish or wildlife or plants in a criminal violation
of this chapter for which a felony conviction is obtained shall be subject to forfeiture to the United States if
(A) the owner of such vessel, vehicle, aircraft, or equipment was at the time of the alleged illegal act
a consenting party or privy thereto or in the exercise of due care should have known that such vessel,
vehicle, aircraft, or equipment would be used in a criminal violation of this chapter, and
(B) the violation involved the sale or purchase of, the offer of sale or purchase of, or the intent to sell
or purchase, fish or wildlife or plants.
(b) Application of customs laws
All provisions of law relating to the seizure, forfeiture, and condemnation of property for violation of the
customs laws, the disposition of such property or the proceeds from the sale thereof, and the remission or
mitigation of such forfeiture, shall apply to the seizures and forfeitures incurred, or alleged to have been
incurred, under the provisions of this chapter, insofar as such provisions of law are applicable and not
inconsistent with the provisions of this chapter, except that all powers, rights, and duties conferred or imposed
by the customs laws upon any officer or employee of the Treasury Department may, for the purposes of this
chapter, also be exercised or performed by the Secretary or by such persons as he may designate: Provided,
That any warrant for search or seizure shall be issued in accordance with rule 41 of the Federal Rules of
Criminal Procedure.
(c) Storage cost
Any person convicted of an offense, or assessed a civil penalty, under section 3373 of this title shall be liable
for the costs incurred in the storage, care, and maintenance of any fish or wildlife or plant seized in connection
with the violation concerned.
§ 3375. Enforcement
(a) In general
The provisions of this chapter and any regulations issued pursuant thereto shall be enforced by the Secretary,
the Secretary of Transportation, or the Secretary of the Treasury. Such Secretary may utilize by agreement,
with or without reimbursement, the personnel, services, and facilities of any other Federal agency or any
State agency or Indian tribe for purposes of enforcing this chapter.
(b) Powers
Any person authorized under subsection (a) of this section to enforce this chapter may carry firearms; may,
when enforcing this chapter, make an arrest without a warrant, in accordance with any guidelines which may
be issued by the Attorney General, for any offense under the laws of the United States committed in the
person’s presence, or for the commission of any felony under the laws of the United States, if the person has
reasonable grounds to believe that the person to be arrested has committed or is committing a felony; may
search and seize, with or without a warrant, in accordance with any guidelines which may be issued by the
Attorney General; [1] Provided, That an arrest for a felony violation of this chapter that is not committed in
the presence or view of any such person and that involves only the transportation, acquisition, receipt,
purchase, or sale of fish or wildlife or plants taken or possessed in violation of any law or regulation of any
State shall require a warrant; may make an arrest without a warrant for a misdemeanor violation of this
chapter if he has reasonable grounds to believe that the person to be arrested is committing a violation in his
presence or view; and may execute and serve any subpena, arrest warrant, search warrant issued in
accordance with rule 41 of the Federal Rules of Criminal Procedure, or other warrant of civil or criminal
process issued by any officer or court of competent jurisdiction for enforcement of this chapter. Any person so
authorized, in coordination with the Secretary of the Treasury, may detain for inspection and inspect any

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vessel, vehicle, aircraft, or other conveyance or any package, crate, or other container, including its contents,
upon the arrival of such conveyance or container in the United States or the customs waters of the United
States from any point outside the United States or such customs waters, or, if such conveyance or container is
being used for exportation purposes, prior to departure from the United States or the customs waters of the
United States. Such person may also inspect and demand the production of any documents and permits
required by the country of natal origin, birth, or reexport of the fish or wildlife. Any fish, wildlife, plant,
property, or item seized shall be held by any person authorized by the Secretary pending disposition of civil or
criminal proceedings, or the institution of an action in rem for forfeiture of such fish, wildlife, plants, property,
or item pursuant to section 3374 of this title; except that the Secretary may, in lieu of holding such fish,
wildlife, plant, property, or item, permit the owner or consignee to post a bond or other surety satisfactory to
the Secretary.
(c) Jurisdiction of district courts
The several district courts of the United States, including the courts enumerated in section 460 of title 28,
shall have jurisdiction over any actions arising under this chapter. The venue provisions of title 18 and title 28
shall apply to any actions arising under this chapter. The judges of the district courts of the United States and
the United States magistrate judges may, within their respective jurisdictions, upon proper oath or affirmation
showing probable cause, issue such warrants or other process as may be required for enforcement of this
chapter and any regulations issued thereunder.
(d) Rewards and incidental expenses
Beginning in fiscal year 1983, the Secretary or the Secretary of the Treasury shall pay, from sums received as
penalties, fines, or forfeitures of property for any violation of this chapter or any regulation issued hereunder
(1) a reward to any person who furnishes information which leads to an arrest, a criminal conviction, civil
penalty assessment, or forfeiture of property for any violation of this chapter or any regulation issued
hereunder. The amount of the reward, if any, is to be designated by the Secretary or the Secretary of the
Treasury, as appropriate. Any officer or employee of the United States or any State or local government
who furnishes information or renders service in the performance of his official duties is ineligible for
payment under this subsection, and
(2) the reasonable and necessary costs incurred by any person in providing temporary care for any fish,
wildlife, or plant pending the disposition of any civil or criminal proceeding alleging a violation of this
chapter with respect to that fish, wildlife, or plant.
§ 3376. Administration
(a) Regulations
(1) The Secretary, after consultation with the Secretary of the Treasury, is authorized to issue such
regulations, except as provided in paragraph (2), as may be necessary to carry out the provisions of
section 3373 and section 3374 of this title.
(2) The Secretaries of the Interior and Commerce shall jointly promulgate specific regulations to
implement the provisions of section 3372 (b) of this title for the marking and labeling of containers or
packages containing fish or wildlife. These regulations shall be in accordance with existing commercial
practices.
(b) Contract authority
Beginning in fiscal year 1983, to the extent and in the amounts provided in advance in appropriations Act, the
Secretary may enter into such contracts, leases, cooperative agreements, or other transactions with any
Federal or State agency, Indian tribe, public or private institution, or other person, as may be necessary to
carry out the purposes of this chapter.
§ 3377. Exceptions

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(a) Activities regulated by plan under Magnuson-Stevens Fishery Conservation and Management Act
The provisions of paragraph (1) of section 3372 (a) of this title shall not apply to any activity regulated by a
fishery management plan in effect under the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.).
(b) Activities regulated by Tuna Convention Acts; harvesting of highly migratory species taken on high seas
The provisions of paragraphs (1), (2)(A), and (3)(A) of section 3372 (a) of this title shall not apply to—
(1) any activity regulated by the Tuna Conventions Act of 1950 (16 U.S.C. 951–961) or the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971–971 (h)); or
(2) any activity involving the harvesting of highly migratory species (as defined in paragraph (14) of
section 3 of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1802 (14)])
taken on the high seas (as defined in paragraph (13) of such section 3) if such species are taken in
violation of the laws of a foreign nation and the United States does not recognize the jurisdiction of the
foreign nation over such species.
(c) Interstate shipment or transshipment through Indian country of fish, wildlife, or plants for legal purposes
The provisions of paragraph (2) of section 3372 (a) of this title shall not apply to the interstate shipment or
transshipment through Indian country as defined in section 1151 of title 18 or a State of any fish or wildlife or
plant legally taken if the shipment is en route to a State in which the fish or wildlife or plant may be legally
possessed.
§ 3378. Miscellaneous provisions
(a) Effect on powers of States
Nothing in this chapter shall be construed to prevent the several States or Indian tribes from making or
enforcing laws or regulations not inconsistent with the provisions of this chapter.
(b) Repeals
The following provisions of law are repealed:
(1) The Act of May 20, 1926 (commonly known as the Black Bass Act; 16 U.S.C. 851–856).
(2) Section 667e of this title and sections 43 and 44 of title 18 (commonly known as provisions of the
Lacey Act).
(3) Sections 3054 and 3112 of title 18.
(c) Disclaimers
Nothing in this chapter shall be construed as—
(1) repealing, superseding, or modifying any provision of Federal law other than those specified in
subsection (b) of this section;
(2) repealing, superseding, or modifying any right, privilege, or immunity granted, reserved, or
established pursuant to treaty, statute, or executive order pertaining to any Indian tribe, band, or
community; or
(3) enlarging or diminishing the authority of any State or Indian tribe to regulate the activities of persons
within Indian reservations.
(d) Travel and transportation expenses
The Secretary of the Interior is authorized to pay from agency appropriations the travel expense of newly
appointed special agents of the United States Fish and Wildlife Service and the transportation expense of
household goods and personal effects from place of residence at time of selection to first duty station to the
extent authorized by section 5724 of title 5 for all such special agents appointed after January 1, 1977.
(e) Interior appropriations budget proposal
The Secretary shall identify the funds utilized to enforce this chapter and any regulations thereto as a specific
appropriations item in the Department of the Interior appropriations budget proposal to the Congress.

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