Lacey Act (16 USC 3371-3378)

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—

Page 2243

TITLE 16—CONSERVATION

(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));
(3) within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18)—
(A) to possess any fish or wildlife taken,
possessed, transported, or sold in violation
of any law or regulation of any State or in
violation of any foreign law or Indian tribal
law, or
(B) to possess any plant—
(i) taken, possessed, transported, or sold
in violation of any law or regulation of
any State, or any foreign law, that protects plants or that regulates—
(I) the theft of plants;
(II) the taking of plants from a park,
forest reserve, or other officially protected area;
(III) the taking of plants from an officially designated area; or
(IV) the taking of plants without, or
contrary to, required authorization;
(ii) taken, possessed, transported, or sold
without the payment of appropriate royalties, taxes, or stumpage fees required for
the plant by any law or regulation of any
State or any foreign law; or
(iii) taken, possessed, transported, or
sold in violation of any limitation under
any law or regulation of any State, or
under any foreign law, governing the export or transshipment of plants; or

§ 3372

(4) to attempt to commit any act described
in paragraphs (1) through (3).
(b) Marking offenses
It is unlawful for any person to import, export,
or transport in interstate commerce any container or package containing any fish or wildlife
unless the container or package has previously
been plainly marked, labeled, or tagged in accordance with the regulations issued pursuant
to paragraph (2) of section 3376(a) of this title.
(c) Sale and purchase of guiding and outfitting
services and invalid licenses and permits
(1) Sale
It is deemed to be a sale of fish or wildlife in
violation of this chapter for a person for
money or other consideration to offer or provide—
(A) guiding, outfitting, or other services;
or
(B) a hunting or fishing license or permit;
for the illegal taking, acquiring, receiving,
transporting, or possessing of fish or wildlife.
(2) Purchase
It is deemed to be a purchase of fish or wildlife in violation of this chapter for a person to
obtain for money or other consideration—
(A) guiding, outfitting, or other services;
or
(B) a hunting or fishing license or permit;
for the illegal taking, acquiring, receiving,
transporting, or possessing of fish or wildlife.
(d) False labeling offenses
It is unlawful for any person to make or submit any false record, account, or label for, or
any false identification of, any fish, wildlife, or
plant which has been, or is intended to be—
(1) imported, exported, transported, sold,
purchased, or received from any foreign country; or
(2) transported in interstate or foreign commerce.
(e) Nonapplicability of prohibited wildlife species offense
(1) In general
Subsection (a)(2)(C) 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

§ 3372

TITLE 16—CONSERVATION
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) $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

Page 2244

(C) in the case in which a paper or paperboard plant product includes recycled plant
product, contain the average percent recycled content without regard for the species
or country of origin of the recycled plant
product, in addition to the information for
the non-recycled plant content otherwise required by this subsection.
(3) Exclusions
Paragraphs (1) and (2) shall not apply to
plants used exclusively as packaging material
to support, protect, or carry another item, unless the packaging material itself is the item
being imported.
(4) Review
Not later than two years after the date of
enactment of this subsection, the Secretary
shall review the implementation of each requirement imposed by paragraphs (1) and (2)
and the effect of the exclusion provided by
paragraph (3). In conducting the review, the
Secretary shall provide public notice and an
opportunity for comment.
(5) Report
Not later than 180 days after the date on
which the Secretary completes the review
under paragraph (4), the Secretary shall submit to the appropriate committees of Congress
a report containing—
(A) an evaluation of—
(i) the effectiveness of each type of information required under paragraphs (1) and
(2) in assisting enforcement of this section;
and
(ii) the potential to harmonize each requirement imposed by paragraphs (1) and
(2) with other applicable import regulations in existence as of the date of the report;
(B) recommendations for such legislation
as the Secretary determines to be appropriate to assist in the identification of
plants that are imported into the United
States in violation of this section; and
(C) an analysis of the effect of subsection
(a) and this subsection on—
(i) the cost of legal plant imports; and
(ii) the extent and methodology of illegal
logging practices and trafficking.
(6) Promulgation of regulations
Not later than 180 days after the date on
which the Secretary completes the review
under paragraph (4), the Secretary may promulgate regulations—
(A) to limit the applicability of any requirement imposed by paragraph (2) to specific plant products;
(B) to make any other necessary modification to any requirement imposed by paragraph (2), as determined by the Secretary
based on the review; and
(C) to limit the scope of the exclusion provided by paragraph (3), if the limitations in
scope are warranted as a result of the review.
(Pub. L. 97–79, § 3, Nov. 16, 1981, 95 Stat. 1074;
Pub. L. 100–653, title I, § 101, Nov. 14, 1988, 102

Page 2245

TITLE 16—CONSERVATION

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.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (c), was in the
original ‘‘this Act’’, meaning Pub. L. 97–79, Nov. 16,
1981, 95 Stat. 1073, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 3371 of
this title and Tables.
The date of enactment of this subsection, referred to
in subsec. (f)(1), (4), is the date of enactment of Pub. L.
110–246, which was approved June 18, 2008.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2008—Subsec. (a)(2)(B). Pub. L. 110–246, § 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).
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.
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

§ 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
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

§ 3373

TITLE 16—CONSERVATION

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 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

Page 2246

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—
(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.)
Editorial Notes
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

Page 2247

TITLE 16—CONSERVATION

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
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).
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, 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 in-

§ 3374

spection 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.
(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.)

§ 3375

TITLE 16—CONSERVATION
Editorial Notes
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
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).
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.
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) 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 in1 So

in original. The semicolon probably should be a colon.

Page 2248

volves 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
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

Page 2249

§ 3376

TITLE 16—CONSERVATION

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.
(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.)
Editorial Notes
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).
Statutory Notes and Related Subsidiaries

(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 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.)
Editorial Notes
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.

CHANGE OF NAME

AMENDMENTS

‘‘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.

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).

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.

§ 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.

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.
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

TITLE 16—CONSERVATION

§ 3377. Exceptions
(a) Activities regulated by plan under MagnusonStevens 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) 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.)
Editorial Notes
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

Page 2250

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.

§ 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);
(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.)
Editorial Notes
REFERENCES IN TEXT

1 So

in original. Probably was meant to be ‘‘971–971h’’.
References in Text note below.

2 See

The Black Bass Act, referred to in subsec. (b)(1), is
act May 20, 1926, ch. 346, 44 Stat. 576, as amended, which

Page 2251

TITLE 16—CONSERVATION

§§ 3441 to 3445

was classified generally to chapter 13 (§ 851 et seq.) of
this title. For complete classification of this Act to the
Code, see Tables.

Section 3414, Pub. L. 97–98, title XV, § 1505, Dec. 22,
1981, 95 Stat. 1331, set forth limitations on contracts
under program.

CODIFICATION

§ 3415. Repealed. Pub. L. 104–66, title I, § 1011(p),
Dec. 21, 1995, 109 Stat. 710

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.

CHAPTER 54—RESOURCE CONSERVATION
SUBCHAPTER I—SOIL AND WATER
CONSERVATION
Sec.

3401.

Repealed.

SUBCHAPTER II—SPECIAL AREAS CONSERVATION
PROGRAM
3411 to 3420. Repealed.
SUBCHAPTER III—MATCHING GRANTS FOR
CONSERVATION ACTIVITIES
3431 to 3436. Repealed.
SUBCHAPTER IV—RESERVOIR SEDIMENTATION
REDUCTION PROGRAM
3441 to 3445. Repealed.
SUBCHAPTER V—RESOURCE CONSERVATION AND
DEVELOPMENT PROGRAM
3451.
3452.
3453.
3454.
3455.
3456.
3457.
3458.
3459.
3460.

Definitions.
Resource conservation and development program.
Selection of designated areas.
Powers of the Secretary.
Eligibility; terms and conditions.
Resource Conservation and Development Policy Advisory Board.
Repealed.
Limitation on assistance.
Supplemental authority of the Secretary.
Authorization of appropriations.

SUBCHAPTER VI—MISCELLANEOUS PROVISIONS
3471.

3472.
3473.
3474.

Payments for land removed from production
for conservation purposes; authorization of
appropriations.
Conservation tillage; Congressional findings,
etc.
Regulations.
Conservation incentives landowner education
program.

SUBCHAPTER I—SOIL AND WATER
CONSERVATION
§ 3401. Repealed. Pub. L. 104–127, title
§ 336(f)(1), Apr. 4, 1996, 110 Stat. 1007

III,

Section, Pub. L. 97–98, title XV, § 1501, Dec. 22, 1981, 95
Stat. 1328, reaffirmed congressional policy regarding
soil and water conservation.

SUBCHAPTER II—SPECIAL AREAS
CONSERVATION PROGRAM
§§ 3411 to 3414. Repealed. Pub. L. 104–127, title
III, § 336(f)(1), Apr. 4, 1996, 110 Stat. 1007
Section 3411, Pub. L. 97–98, title XV, § 1502, Dec. 22,
1981, 95 Stat. 1328, set forth findings relating to special
areas conservation.
Section 3412, Pub. L. 97–98, title XV, § 1503, Dec. 22,
1981, 95 Stat. 1329, related to program formulation and
implementation.
Section 3413, Pub. L. 97–98, title XV, § 1504, Dec. 22,
1981, 95 Stat. 1331, related to designation of geographic
area as special area.

Section, Pub. L. 97–98, title XV, § 1506, Dec. 22, 1981, 95
Stat. 1332, directed Secretary to submit copies of special area reports to Congress.

§§ 3416 to 3418. Repealed. Pub. L. 104–127, title
III, § 336(f)(1), Apr. 4, 1996, 110 Stat. 1007
Section 3416, Pub. L. 97–98, title XV, § 1506, formerly
§ 1507, Dec. 22, 1981, 95 Stat. 1332; renumbered § 1506, Pub.
L. 104–66, title I, § 1011(p), Dec. 21, 1995, 109 Stat. 710, related to utilization of services and facilities in carrying
out provisions of this subchapter.
Section 3417, Pub. L. 97–98, title XV, § 1507, formerly
§ 1508, Dec. 22, 1981, 95 Stat. 1332; renumbered § 1507, Pub.
L. 104–66, title I, § 1011(p), Dec. 21, 1995, 109 Stat. 710, authorized expenditure of funds for improvement of technology.
Section 3418, Pub. L. 97–98, title XV, § 1508, formerly
§ 1509, Dec. 22, 1981, 95 Stat. 1332; renumbered § 1508, Pub.
L. 104–66, title I, § 1011(p), Dec. 21, 1995, 109 Stat. 710, authorized appropriations to carry out subchapter programs.

§ 3419. Repealed. Pub. L. 104–66, title I, § 1011(q),
Dec. 21, 1995, 109 Stat. 710
Section, Pub. L. 97–98, title XV, § 1510, Dec. 22, 1981, 95
Stat. 1332, directed Secretary to submit reports to Congress concerning operation of special areas conservation program.

§ 3420. Repealed. Pub. L. 104–127, title
§ 336(f)(1), Apr. 4, 1996, 110 Stat. 1007

III,

Section, Pub. L. 97–98, title XV, § 1509, formerly § 1511,
Dec. 22, 1981, 95 Stat. 1332; renumbered § 1509, Pub. L.
104–66, title I, § 1011(p), Dec. 21, 1995, 109 Stat. 710, provided for protection of program participants.

SUBCHAPTER III—MATCHING GRANTS FOR
CONSERVATION ACTIVITIES
§§ 3431 to 3436. Repealed. Pub. L. 104–127, title
III, § 336(f)(1), Apr. 4, 1996, 110 Stat. 1007
Section 3431, Pub. L. 97–98, title XV, § 1514, Dec. 22,
1981, 95 Stat. 1333, authorized formulation and implementation of grants program.
Section 3432, Pub. L. 97–98, title XV, § 1515, Dec. 22,
1981, 95 Stat. 1334, related to program and plan review
and implementation.
Section 3433, Pub. L. 97–98, title XV, § 1516, Dec. 22,
1981, 95 Stat. 1334, related to long-range programs and
annual work plans.
Section 3434, Pub. L. 97–98, title XV, § 1517, Dec. 22,
1981, 95 Stat. 1334, authorized technical assistance to
landowners and operators.
Section 3435, Pub. L. 97–98, title XV, § 1518, Dec. 22,
1981, 95 Stat. 1335, related to recordkeeping, audit and
examination, and access to books and records.
Section 3436, Pub. L. 97–98, title XV, § 1519, Dec. 22,
1981, 95 Stat. 1335, authorized appropriations to carry
out provisions of subchapter III.

SUBCHAPTER IV—RESERVOIR
SEDIMENTATION REDUCTION PROGRAM
§§ 3441 to 3445. Repealed. Pub. L. 104–127, title
III, § 336(f)(1), Apr. 4, 1996, 110 Stat. 1007
Section 3441, Pub. L. 97–98, title XV, § 1521, Dec. 22,
1981, 95 Stat. 1336, authorized formulation and implementation of reservoir sedimentation reduction program.