Captive Wildlife Safety Act (16 USC 3371-3378)

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U.S.C. Title 16 - CONSERVATION

16 U.S.C.
United States Code, 2010 Edition
Title 16 - CONSERVATION
CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE
From the U.S. Government Publishing Office, www.gpo.gov

CHAPTER 53—CONTROL OF ILLEGALLY TAKEN FISH
AND WILDLIFE
Sec.

3371.
3372.
3373.
3374.
3375.
3376.
3377.
3378.

Definitions.
Prohibited acts.
Penalties and sanctions.
Forfeiture.
Enforcement.
Administration.
Exceptions.
Miscellaneous provisions.

§3371. Definitions
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
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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) Plant.—
(1) In general.—The terms “plant” and “plants” mean any wild member
of the plant kingdom, including roots, seeds, parts, or products thereof, and
including trees from either natural or planted forest stands.
(2) Exclusions.—The terms “plant” and “plants” exclude—
(A) common cultivars, except trees, and common food crops (including
roots, seeds, parts, or products thereof);
(B) a scientific specimen of plant genetic material (including roots, seeds,
germplasm, parts, or products thereof) that is to be used only for laboratory
or field research; and
(C) any plant that is to remain planted or to be planted or replanted.
(3) Exceptions to application of exclusions.—The exclusions made by
subparagraphs (B) and (C) of paragraph (2) do not apply if the plant is listed
—
(A) in an appendix to the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249);
(B) as an endangered or threatened species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.); or
(C) pursuant to any State law that provides for the conservation of
species that are indigenous to the State and are 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
also 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) Taken and Taking.—
(1) Taken.—The term “taken” means captured, killed, or collected and,
with respect to a plant, also means harvested, cut, logged, or removed.
(2) Taking.—The term “taking” means the act by which fish, wildlife, or
plants are taken.
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(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, §2, Nov. 16, 1981, 95 Stat. 1073; Pub. L. 108–191, §2, Dec. 19,
2003, 117 Stat. 2871; Pub. L. 110–234, title VIII, §8204(a), May 22, 2008, 122
Stat. 1291; Pub. L. 110–246, §4(a), title VIII, §8204(a), June 18, 2008, 122 Stat.
1664, 2052.)
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, which is classified principally to this
chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
The Endangered Species Act of 1973, referred to in subsec. (f)(3)(B), is Pub. L. 93–205, Dec. 28, 1973, 87
Stat. 884, which is classified principally to chapter 35 (§1531 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 1531 of this title 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.
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. (f). Pub. L. 110–246, §8204(a)(1), amended subsec. (f) generally. Prior to amendment,
subsec. (f) read as follows: “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.”
Subsec. (h). Pub. L. 110–246, §8204(a)(2), substituted “plants, the term also means” for “plants the term
means”.
Subsec. (j). Pub. L. 110–246, §8204(a)(3), amended subsec. (j) generally. Prior to amendment, subsec. (j)
read as follows: “The term ‘taken’ means captured, killed, or collected.”
2003—Subsecs. (g) to (k). Pub. L. 108–191 added subsec. (g) and redesignated former subsecs. (g) to (j) as
(h) to (k), respectively.
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.
Short Title of 2003 Amendment
Pub. L. 108–191, §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
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(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;
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(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—
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(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
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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
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(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.
(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

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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, §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. 110–234 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, §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].”

§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), (d), and (f) 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 subsection (d) or (f) of section 3372 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
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maximum provided for violation of said law, treaty, or regulation, or $10,000,
whichever is less.
(2) Any person who violates subsection (b) or (f) of section 3372 of this title,
except as provided in paragraph (1), 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
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Secretary, the 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), (d), and (f) of
section 3372 of this title), or
(B) violates any provision of this chapter (other than subsections (b), (d),
and (f) 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), (d), and (f) 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 subsection (d) or (f) of section 3372
of this title—
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(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.
(Pub. L. 97–79, §4, Nov. 16, 1981, 95 Stat. 1074; Pub. L. 100–653, title I,
§§102, 103, Nov. 14, 1988, 102 Stat. 3825, 3826; Pub. L. 110–234, title VII,
§8204(c), (f), May 22, 2008, 122 Stat. 1294; Pub. L. 110–246, §4(a), title VIII,
§8204(c), (f), June 18, 2008, 122 Stat. 1664, 2055, 2056.)
References in Text
This chapter, referred to in subsecs. (a)(1), (3), (d)(1), (2), and (e), 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 Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (e), is Pub. L.
94–265, Apr. 13, 1976, 90 Stat. 331, as amended, which is classified principally to chapter 38 (§1801 et seq.)
of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801
of this title and Tables.
Codification
“Magnuson-Stevens Fishery Conservation and Management Act” substituted for “Fishery Conservation and
Management Act of 1976” in subsec. (e), on authority of Pub. L. 96–561, title II, §238(b), Dec. 22, 1980, 94
Stat. 3300, which provided that all references to the Fishery Conservation and Management Act of 1976 be
redesignated as references to the Magnuson Fishery Conservation and Management Act and Pub. L. 104–208,
div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, which provided that all
references to the Magnuson Fishery Conservation and Management Act be redesignated as references to the
Magnuson-Stevens Fishery Conservation and Management Act.
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

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2008—Subsec. (a)(1). Pub. L. 110–246, §8204(f), made technical corrections to directory language of Pub.
L. 100–653, §102(c). See 1988 Amendment note below.
Pub. L. 110–246, §8204(c)(1), (2), substituted “subsections (b), (d), and (f) of section 3372” for
“subsections (b) and (d) of section 3372” and “subsection (d) or (f) of section 3372” for “section 3372(d)”.
Subsec. (a)(2). Pub. L. 110–246, §8204(c)(3), substituted “subsection (b) or (f) of section 3372 of this title,
except as provided in paragraph (1),” for “subsection 3372(b)”.
Subsec. (d)(1), (2). Pub. L. 110–246, §8204(f), made technical corrections to directory language of Pub. L.
100–653, §102(c). See 1988 Amendment note below.
Pub. L. 110–246, §8204(c)(1), substituted “subsections (b), (d), and (f) of section 3372” for “subsections (b)
and (d) of section 3372” in pars. (1)(A), (B), and (2).
Subsec. (d)(3). Pub. L. 110–246, §8204(c)(2), substituted “subsection (d) or (f) of section 3372” for
“section 3372(d)” in introductory provisions.
1988—Subsec. (a)(1). Pub. L. 100–653, §102(c), as amended by Pub. L. 110–246, §8204(f), substituted
“(other than subsections (b) and (d) of section 3372 of this title)” for “(other than subsection 3372(b) of this
title)”.
Pub. L. 100–653, §102(a), inserted “and any person who knowingly violates section 3372(d) of this title,”
after “any underlying law, treaty, or regulation,”.
Subsec. (c). Pub. L. 100–653, §103, amended first sentence generally. Prior to amendment, first sentence
read as follows: “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 notice of appeal in such court within
thirty days from the date of such order and by simultaneously sending a copy of such notice by certified mail
to the Secretary.”
Subsec. (d)(1), (2). Pub. L. 100–653, §102(c), as amended by Pub. L. 110–246, §8204(f), substituted
“(other than subsections (b) and (d) of section 3372 of this title)” for “(other than subsection 3372(b) of this
title)” in pars. (1)(A), (B), and (2).
Subsec. (d)(3). Pub. L. 100–653, §102(b), added par. (3).
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, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of Title 7, Agriculture.
Pub. L. 110–234, title VIII, §8204(f), May 22, 2008, 122 Stat. 1294, and Pub. L. 110–246, §4(a), title VIII,
§8204(f), June 18, 2008, 122 Stat. 1664, 2056, provided that the amendment made by section 8204(f) is
effective Nov. 14, 1988, and as if included in the enactment of section 102(c) of Pub. L. 100–653.
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by
section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]
Transfer of Functions
For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection
activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see
sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§3374. Forfeiture
(a) In general
(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.
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(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.
(d) Civil forfeitures
Civil forfeitures under this section shall be governed by the provisions of
chapter 46 of title 18.
(Pub. L. 97–79, §5, Nov. 16, 1981, 95 Stat. 1076; Pub. L. 110–234, title VIII,
§8204(d), May 22, 2008, 122 Stat. 1294; Pub. L. 110–246, §4(a), title VIII,
§8204(d), June 18, 2008, 122 Stat. 1664, 2056.)
References in Text
This chapter, referred to in subsecs. (a)(2) and (b), 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.
Rule 41 of the Federal Rules of Criminal Procedure, referred to in subsec. (b), is set out in the Appendix to
Title 18, Crimes and Criminal Procedure.
Codification
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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. (d). Pub. L. 110–246, §8204(d), added subsec. (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.
Transfer of Functions
For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection
activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see
sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§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
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authorized, in coordination with the Secretary of the Treasury, may detain for
inspection and inspect any 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 certain 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, 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.
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.
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(Pub. L. 97–79, §6, Nov. 16, 1981, 95 Stat. 1077; Pub. L. 98–327, §4, June 25,
1984, 98 Stat. 271; Pub. L. 100–653, title I, §104, Nov. 14, 1988, 102 Stat. 3826;
Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)
References in Text
This chapter, referred to in text, 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.
Rule 41 of the Federal Rules of Criminal Procedure, referred to in subsec. (b), is set out in the Appendix to
Title 18, Crimes and Criminal Procedure.
Amendments
1988—Subsec. (b). Pub. L. 100–653 substituted “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;” for “may make an arrest
without a warrant for any felony violation of this chapter if he has reasonable grounds to believe that the
person to be arrested has committed or is committing such violation:”.
1984—Subsec. (d). Pub. L. 98–327, in first sentence, substituted a comma for “a reward” after “shall pay”,
inserted “(1) a reward” before “to any person”, and added cl. (2).
Change of Name
“United States magistrate judges” substituted for “United States magistrates” in subsec. (c) pursuant to
section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial
Procedure.
Transfer of Functions
For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection
activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see
sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

1 So

in original. The semicolon probably should be a colon.

§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 sections 3372(f), 3373, and 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
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Beginning in fiscal year 1983, to the extent and in the amounts provided in
advance in appropriations Acts, 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.
(c) Clarification of exclusions from definition of plant
The Secretary of Agriculture and the Secretary of the Interior, after
consultation with the appropriate agencies, shall jointly promulgate regulations
to define the terms used in section 3371(f)(2)(A) of this title for the purposes of
enforcement under this chapter.
(Pub. L. 97–79, §7, Nov. 16, 1981, 95 Stat. 1078; Pub. L. 110–234, title VIII,
§8204(e), May 22, 2008, 122 Stat. 1294; Pub. L. 110–246, §4(a), title VIII,
§8204(e), June 18, 2008, 122 Stat. 1664, 2056.)
References in Text
This chapter, referred to in subsecs. (b) and (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.
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)(1). Pub. L. 110–246, §8204(e)(1), substituted “sections 3372(f), 3373, and 3374” for
“section 3373 and section 3374”.
Subsec. (c). Pub. L. 110–246, §8204(e)(2), added subsec. (c).
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.
Transfer of Functions
For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection
activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see
sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§3377. Exceptions
(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.).
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(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) 1); or
(2) any activity involving the harvesting of highly migratory species (as
defined in paragraph (14) of section 3 2 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.
(Pub. L. 97–79, §8, Nov. 16, 1981, 95 Stat. 1078.)
References in Text
The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (a), is Pub. L.
94–265, Apr. 13, 1976, 90 Stat. 331, as amended, which is classified principally to chapter 38 (§1801 et seq.)
of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801
of this title and Tables.
The Tuna Conventions Act of 1950, referred to in subsec. (b)(1), is act Sept. 7, 1950, ch. 907, 64 Stat. 777,
as amended, which is classified generally to chapter 16 (§951 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 951 of this title and Tables.
The Atlantic Tunas Convention Act of 1975, referred to in subsec. (b)(1), is Pub. L. 94–70, Aug. 5, 1975,
89 Stat. 385, as amended, which is classified generally to chapter 16A (§971 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 971 of this title and Tables.
Section 3 of the Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b)
(2), was subsequently amended, and pars. (13) and (14) of section 3 no longer define the terms “high seas”
and “highly migratory species”. However, such terms are defined elsewhere in that section.
Codification
“Magnuson-Stevens Fishery Conservation and Management Act” substituted for “Fishery Conservation and
Management Act of 1976” in subsecs. (a) and (b)(2), on authority of Pub. L. 96–561, title II, §238(b), Dec. 22,
1980, 94 Stat. 3300, which provided that all references to the Fishery Conservation and Management Act of
1976 be redesignated as references to the Magnuson Fishery Conservation and Management Act and Pub. L.
104–208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, which provided
that all references to the Magnuson Fishery Conservation and Management Act be redesignated as references
to the Magnuson-Stevens Fishery Conservation and Management Act.

1 So

in original. Probably was meant to be “971–971h”.

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2 See

References in Text note below.

§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.
(Pub. L. 97–79, §9(a)–(c), (g), (h), Nov. 16, 1981, 95 Stat. 1079, 1080.)
References in Text
The Black Bass Act, referred to in subsec. (b)(1), is act May 20, 1926, ch. 346, 44 Stat. 576, as amended,
which was classified generally to chapter 13 (§851 et seq.) of this title. For complete classification of this Act
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to the Code, see Tables.
Codification
Subsecs. (d) and (e) of this section were in the original subsecs. (g) and (h), respectively, of section 9 of
Pub. L. 97–79 and were redesignated for purposes of codification.

https://www.govinfo.gov/content/pkg/USCODE-2010-title16/html/USCODE-2010-title16-chap53.htm

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