Lacey Act 16 USC 3371 et seq

Page 2241

§ 3371

TITLE 16—CONSERVATION

the fishing effort reduction that results from
the fleet adjustment program of subchapter IV
and the license moratorium of the State of
Washington is not replaced by new fishing effort
from outside such State.
(Pub. L. 96–561, title I, § 142, title II, § 238(b), Dec.
22, 1980, 94 Stat. 3286, 3300; Pub. L. 104–208, div. A,
title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110
Stat. 3009, 3009–41.)
Editorial Notes

projects under this section are integrated with
planning and assistance under the Public Works
and Economic Development Act [42 U.S.C. 3121
et seq.] Funds available under this section shall
not be used for any navigational improvement
or other modification of the navigable waters of
the United States. Funds appropriated pursuant
to this section shall remain available until expended.
(Pub. L. 96–561, title I, § 144, Dec. 22, 1980, 94 Stat.
3286.)

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. Title III
of the Act is classified generally to subchapter IV
(§ 1851 et seq.) of chapter 38 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.
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–208 substituted ‘‘Magnuson-Stevens Fishery’’ for ‘‘Magnuson Fishery’’.
1980—Subsec. (a). Pub. L. 96–561, § 238(b), substituted
‘‘Magnuson Fishery Conservation and Management
Act’’ for ‘‘Fishery Conservation and Management Act
of 1976’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–208, div. A, title I, § 101(a) [title II,
§ 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided
that the amendment made by that section is effective
15 days after Oct. 11, 1996.
EFFECTIVE DATE OF 1980 AMENDMENT
Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat.
3300, provided that the amendment made by that section is effective 15 days after Dec. 22, 1980.

§ 3344. Construction with other laws
Nothing in this chapter shall be construed—
(1) to diminish Federal, State, or tribal jurisdiction, responsibility, or rights in the field
of resource enhancement and management, or
control of water resources, submerged lands,
or navigable waters; nor to limit the authority
of Congress to authorize and fund projects; or
(2) as superseding, modifying, or repealing
any existing applicable law, except as provided
for in this section.
(Pub. L. 96–561, title I, § 143, Dec. 22, 1980, 94 Stat.
3286.)
§ 3345. Authorization of additional appropriations
In addition to other authorizations of appropriations contained in this chapter, there are
authorized to be appropriated to the Secretary
of Commerce beginning October 1, 1981, an
amount not to exceed $5,000,000 for the purpose
of developing fisheries port facilities in the
State of Oregon. The Secretary shall obligate
such funds for projects proposed by units of
State or local government, Indian tribes, or private nonprofit entities, and approved by the
State of Oregon in consultation with the National Marine Fisheries Service and the Economic Development Administration. To the extent practicable, the Secretary shall assure that

Editorial Notes
REFERENCES IN TEXT
The Public Works and Economic Development Act,
referred to in text, probably means the Public Works
and Economic Development Act of 1965, Pub. L. 89–136,
Aug. 26, 1965, 79 Stat. 552, as amended, which is classified generally to chapter 38 (§ 3121 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 3121 of Title 42 and Tables.

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 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.—

§ 3372

TITLE 16—CONSERVATION

(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.
(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.)

Page 2242
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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
Pub. L. 97–79, § 1, Nov. 16, 1981, 95 Stat. 1073, 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—