+-----------------------------------------------------------------------+
| TITLE 18---CRIMES AND CRIMINAL PROCEDURE                              |
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| +------------------------------------------------------------------+  |
| | CHAPTER 3---ANIMALS, BIRDS, FISH, AND PLANTS                     |  |
| +------------------------------------------------------------------+  |
| | Release date: 2004-08-06                                         |  |
| +------------------------------------------------------------------+  |
| | -   [§ 42](http://assembler.law.cor                              |  |
| | nell.edu/uscode/html/uscode18/usc_sec_18_00000042----000-.html). |  |
| |     Importation or shipment of injurious mammals, birds, fish    |  |
| |     (including mollusks and crustacea), amphibia, and reptiles;  |  |
| |     permits, specimens for museums; regulations                  |  |
| |                                                                  |  |
| | -   [§ 43](http://assembler.law.cor                              |  |
| | nell.edu/uscode/html/uscode18/usc_sec_18_00000043----000-.html). |  |
| |     Animal enterprise terrorism                                  |  |
| +------------------------------------------------------------------+  |
|                                                                       |
| CHAPTER 53---CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE             |
+-----------------------------------------------------------------------+
| Release date: 2005-01-03                                              |
+-----------------------------------------------------------------------+
| 3371\. Definitions.                                                   |
|                                                                       |
| 3372\. Prohibited acts.                                               |
|                                                                       |
| > \(a\) Offenses other than marking offenses.                         |
|                                                                       |
| \(b\) Marking offenses.                                               |
|                                                                       |
| \(c\) Sale and purchase of guiding and outfitting services and        |
| invalid licenses and permits.                                         |
|                                                                       |
| \(d\) False labeling offenses.                                        |
|                                                                       |
| \(e\) Nonapplicability of prohibited wildlife species offense.        |
|                                                                       |
| 3373\. Penalties and sanctions.                                       |
|                                                                       |
| \(a\) Civil penalties.                                                |
|                                                                       |
| \(b\) Hearings.                                                       |
|                                                                       |
| \(c\) Review of civil penalty.                                        |
|                                                                       |
| \(d\) Criminal penalties.                                             |
|                                                                       |
| \(e\) Permit sanctions.                                               |
|                                                                       |
| 3374\. Forfeiture.                                                    |
|                                                                       |
| \(a\) In general.                                                     |
|                                                                       |
| \(b\) Application of customs laws.                                    |
|                                                                       |
| \(c\) Storage cost.                                                   |
|                                                                       |
| 3375\. Enforcement.                                                   |
|                                                                       |
| \(a\) In general.                                                     |
|                                                                       |
| \(b\) Powers.                                                         |
|                                                                       |
| \(c\) Jurisdiction of district courts.                                |
|                                                                       |
| \(d\) Rewards and incidental expenses.                                |
|                                                                       |
| 3376\. Administration.                                                |
|                                                                       |
| \(a\) Regulations.                                                    |
|                                                                       |
| \(b\) Contract authority.                                             |
|                                                                       |
| 3377\. Exceptions.                                                    |
|                                                                       |
| \(a\) Activities regulated by plan under Magnuson-Stevens Fishery     |
| Conservation and Management Act.                                      |
|                                                                       |
| \(b\) Activities regulated by Tuna Convention Acts; harvesting of     |
| highly migratory species taken on high seas.                          |
|                                                                       |
| \(c\) Interstate shipment or transshipment through Indian country of  |
| fish, wildlife, or plants for legal purposes.                         |
|                                                                       |
| 3378\. Miscellaneous provisions.                                      |
|                                                                       |
| \(a\) Effect on powers of States.                                     |
|                                                                       |
| \(b\) Repeals.                                                        |
|                                                                       |
| \(c\) Disclaimers.                                                    |
|                                                                       |
| \(d\) Travel and transportation expenses.                             |
|                                                                       |
| \(e\) Interior appropriations budget proposal.                        |
+-----------------------------------------------------------------------+
| § 42. Importation or shipment of injurious mammals, birds, fish       |
| (including mollusks and crustacea), amphibia, and reptiles; permits,  |
| specimens for museums; regulations                                    |
+-----------------------------------------------------------------------+
| **(a)**                                                               |
|                                                                       |
| > **(1)** The importation into the United States, any territory of    |
| > the United States, the District of Columbia, the Commonwealth of    |
| > Puerto Rico, or any possession of the United States, or any         |
| > shipment between the continental United States, the District of     |
| > Columbia, Hawaii, the Commonwealth of Puerto Rico, or any           |
| > possession of the United States, of the mongoose of the species     |
| > Herpestes auropunctatus; of the species of so-called "flying foxes" |
| > or fruit bats of the genus Pteropus; of the zebra mussel of the     |
| > species Dreissena polymorpha; and such other species of wild        |
| > mammals, wild birds, fish (including mollusks and crustacea),       |
| > amphibians, reptiles, brown tree snakes, or the offspring or eggs   |
| > of any of the foregoing which the Secretary of the Interior may     |
| > prescribe by regulation to be injurious to human beings, to the     |
| > interests of agriculture, horticulture, forestry, or to wildlife or |
| > the wildlife resources of the United States, is hereby prohibited.  |
| > All such prohibited mammals, birds, fish (including mollusks and    |
| > crustacea), amphibians, and reptiles, and the eggs or offspring     |
| > therefrom, shall be promptly exported or destroyed at the expense   |
| > of the importer or consignee. Nothing in this section shall be      |
| > construed to repeal or modify any provision of the Public Health    |
| > Service Act or Federal Food, Drug, and Cosmetic Act. Also, this     |
| > section shall not authorize any action with respect to the          |
| > importation of any plant pest as defined in the Federal Plant Pest  |
| > Act, insofar as such importation is subject to regulation under     |
| > that Act.                                                           |
| >                                                                     |
| > **(2)** As used in this subsection, the term "wild" relates to any  |
| > creatures that, whether or not raised in captivity, normally are    |
| > found in a wild state; and the terms "wildlife" and "wildlife       |
| > resources" include those resources that comprise wild mammals, wild |
| > birds, fish (including mollusks and crustacea), and all other       |
| > classes of wild creatures whatsoever, and all types of aquatic and  |
| > land vegetation upon which such wildlife resources are dependent.   |
| >                                                                     |
| > **(3)** Notwithstanding the foregoing, the Secretary of the         |
| > Interior, when he finds that there has been a proper showing of     |
| > responsibility and continued protection of the public interest and  |
| > health, shall permit the importation for zoological, educational,   |
| > medical, and scientific purposes of any mammals, birds, fish        |
| > (including mollusks and crustacea), amphibia, and reptiles, or the  |
| > offspring or eggs thereof, where such importation would be          |
| > prohibited otherwise by or pursuant to this Act, and this Act shall |
| > not restrict importations by Federal agencies for their own use.    |
| >                                                                     |
| > **(4)** Nothing in this subsection shall restrict the importation   |
| > of dead natural-history specimens for museums or for scientific     |
| > collections, or the importation of domesticated canaries, parrots   |
| > (including all other species of psittacine birds), or such other    |
| > cage birds as the Secretary of the Interior may designate.          |
| >                                                                     |
| > **(5)** The Secretary of the Treasury and the Secretary of the      |
| > Interior shall enforce the provisions of this subsection, including |
| > any regulations issued hereunder, and, if requested by the          |
| > Secretary of the Interior, the Secretary of the Treasury may        |
| > require the furnishing of an appropriate bond when desirable to     |
| > insure compliance with such provisions.                             |
|                                                                       |
| **(b)** Whoever violates this section, or any regulation issued       |
| pursuant thereto, shall be fined under this title or imprisoned not   |
| more than six months, or both.                                        |
|                                                                       |
| **(c)** The Secretary of the Interior within one hundred and eighty   |
| days of the enactment of the Lacey Act Amendments of 1981 shall       |
| prescribe such requirements and issue such permits as he may deem     |
| necessary for the transportation of wild animals and birds under      |
| humane and healthful conditions, and it shall be unlawful for any     |
| person, including any importer, knowingly to cause or permit any wild |
| animal or bird to be transported to the United States, or any         |
| Territory or district thereof, under inhumane or unhealthful          |
| conditions or in violation of such requirements. In any criminal      |
| prosecution for violation of this subsection and in any               |
| administrative proceeding for the suspension of the issuance of       |
| further permits---                                                    |
|                                                                       |
| > **(1)** the condition of any vessel or conveyance, or the           |
| > enclosures in which wild animals or birds are confined therein,     |
| > upon its arrival in the United States, or any Territory or district |
| > thereof, shall constitute relevant evidence in determining whether  |
| > the provisions of this subsection have been violated; and           |
| >                                                                     |
| > **(2)** the presence in such vessel or conveyance at such time of a |
| > substantial ratio of dead, crippled, diseased, or starving wild     |
| > animals or birds shall be deemed prima facie evidence of the        |
| > violation of the provisions of this subsection.                     |
+-----------------------------------------------------------------------+
| **§ 43. Animal enterprise terrorism**                                 |
+-----------------------------------------------------------------------+
| **(a)** Offense.--- Whoever---                                        |
|                                                                       |
| > **(1)** travels in interstate or foreign commerce, or uses or       |
| > causes to be used the mail or any facility in interstate or foreign |
| > commerce for the purpose of causing physical disruption to the      |
| > functioning of an animal enterprise; and                            |
| >                                                                     |
| > **(2)** intentionally damages or causes the loss of any property    |
| > (including animals or records) used by the animal enterprise, or    |
| > conspires to do so,                                                 |
|                                                                       |
| shall be punished as provided for in subsection (b).                  |
|                                                                       |
| **(b)** Penalties.---                                                 |
|                                                                       |
| > **(1)** Economic damage.--- Any person who, in the course of a      |
| > violation of subsection (a), causes economic damage not exceeding   |
| > \$10,000 to an animal enterprise shall be fined under this title or |
| > imprisoned not more than 6 months, or both.                         |
| >                                                                     |
| > **(2)** Major economic damage.--- Any person who, in the course of  |
| > a violation of subsection (a), causes economic damage exceeding     |
| > \$10,000 to an animal enterprise shall be fined under this title or |
| > imprisoned not more than 3 years, or both.                          |
| >                                                                     |
| > **(3)** Serious bodily injury.--- Any person who, in the course of  |
| > a violation of subsection (a), causes serious bodily injury to      |
| > another individual shall be fined under this title or imprisoned    |
| > not more than 20 years, or both.                                    |
| >                                                                     |
| > **(4)** Death.--- Any person who, in the course of a violation of   |
| > subsection (a), causes the death of an individual shall be fined    |
| > under this title and imprisoned for life or for any term of years.  |
|                                                                       |
| **(c)** Restitution.--- An order of restitution under section         |
| [3663](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode18/usc_sec_18_00003663----000-.html) |
| or                                                                    |
| [3663A](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode18/usc_sec_18_00003663---A000-.html) |
| of this title with respect to a violation of this section may also    |
| include restitution---                                                |
|                                                                       |
| > **(1)** for the reasonable cost of repeating any experimentation    |
| > that was interrupted or invalidated as a result of the offense;     |
| >                                                                     |
| > **(2)** the loss of food production or farm income reasonably       |
| > attributable to the offense; and                                    |
| >                                                                     |
| > **(3)** for any other economic damage resulting from the offense.   |
|                                                                       |
| **(d)** Definitions.--- As used in this section---                    |
|                                                                       |
| > **(1)** the term "animal enterprise" means---                       |
| >                                                                     |
| > **(A)** a commercial or academic enterprise that uses animals for   |
| > food or fiber production, agriculture, research, or testing;        |
| >                                                                     |
| > **(B)** a zoo, aquarium, circus, rodeo, or lawful competitive       |
| > animal event; or                                                    |
| >                                                                     |
| > **(C)** any fair or similar event intended to advance agricultural  |
| > arts and sciences;                                                  |
| >                                                                     |
| > **(2)** the term "physical disruption" does not include any lawful  |
| > disruption that results from lawful public, governmental, or animal |
| > enterprise employee reaction to the disclosure of information about |
| > an animal enterprise;                                               |
| >                                                                     |
| > **(3)** the term "economic damage" means the replacement costs of   |
| > lost or damaged property or records, the costs of repeating an      |
| > interrupted or invalidated experiment, or the loss of profits; and  |
| >                                                                     |
| > **(4)** the term "serious bodily injury" has the meaning given that |
| > term in section                                                     |
| > [1365](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode18/usc_sec_18_00001365----000-.html) |
| > of this title.                                                      |
|                                                                       |
| **(e)** Non-Preemption.--- Nothing in this section preempts any State |
| law.                                                                  |
+-----------------------------------------------------------------------+
| **§ 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)** The terms \"plant\" and \"plants\" mean any wild member of    |
| the plant kingdom, including roots, seeds, and other parts thereof    |
| (but excluding common food crops and cultivars) which is indigenous   |
| to any State and which is either                                      |
|                                                                       |
| **(A)** listed on an appendix to the Convention on International      |
| Trade in Endangered Species of Wild                                   |
|                                                                       |
| Fauna and Flora, or                                                   |
|                                                                       |
| **(B)** listed pursuant to any State law that provides for the        |
| conservation of species threatened with                               |
|                                                                       |
| extinction.                                                           |
|                                                                       |
| **(g)** Prohibited Wildlife Species. - The term \"prohibited wildlife |
| species\" means any live species of lion, tiger, leopard, cheetah,    |
| jaguar, or cougar or any hybrid of such species.                      |
|                                                                       |
| **(h)** The term \"Secretary\" means, except as otherwise provided in |
| this chapter, the Secretary of the Interior or the Secretary of       |
| Commerce, as program responsibilities are vested pursuant to the      |
| provisions of Reorganization Plan Numbered 4 of 1970 (84 Stat. 2090); |
| except that with respect to the provisions of this chapter which      |
| pertain to the importation or exportation of plants the term means    |
| the Secretary of Agriculture.                                         |
|                                                                       |
| **(i)** The term \"State\" means any of the several States, the       |
| District of Columbia, the Commonwealth of Puerto Rico, the Virgin     |
| Islands, Guam, Northern Mariana Islands, American Samoa, and any      |
| other territory, commonwealth, or possession of the United States.    |
|                                                                       |
| **(j)** The term \"taken\" means captured, killed, or collected.      |
|                                                                       |
| **(k)** The term \"transport\" means to move, convey, carry, or ship  |
| by any means, or to deliver or receive for the purpose of movement,   |
| conveyance, carriage, or shipment.                                    |
|                                                                       |
| (Pub. L. 97-79, Sec. 2, Nov. 16, 1981, 95 Stat. 1073; Pub. L.         |
| 108-191, Sec. 2, Dec. 19, 2003, 117 Stat. 2871.)                      |
|                                                                       |
| REFERENCES IN TEXT                                                    |
|                                                                       |
| This chapter, referred to in the provision preceding par. (a), and in |
| par. (h), was in the original \"this Act\" and \"the Act\", meaning   |
| Pub. L. 97-79, Nov. 16, 1981, 95 Stat. 1073, known as the Lacey Act   |
| Amendments of 1981, which enacted this chapter; amended section 1540  |
| of this title and section 42 of Title 18, Crimes and                  |
|                                                                       |
| Criminal Procedure; repealed sections 667e and 851 to 856 of this     |
| title and sections 43, 44, 3054, and 3112 of Title 18; and enacted    |
| provisions set out as notes under sections 1540 and 3371 of this      |
| title. For complete classification of this Act to the Code, see Short |
| Title note set out below and Tables.                                  |
|                                                                       |
| Reorganization Plan No. 4 of 1970 (84 Stat. 2090), referred to in     |
| par. (h), is set out in the Appendix to Title 5, Government           |
| Organization and Employees.                                           |
|                                                                       |
| AMENDMENTS                                                            |
|                                                                       |
| 2003 - Subsecs. (g) to (k). Pub. L. 108-191 added subsec. (g) and     |
| redesignated former subsecs. (g) to (j) as (h) to (k), respectively.  |
|                                                                       |
| SHORT TITLE OF 2003 AMENDMENT                                         |
|                                                                       |
| Pub. L. 108-191, Sec. 1, Dec. 19, 2003, 117 Stat. 2871, provided      |
| that: \"This Act \[amending this section and section 3372 of this     |
| title and enacting provisions set out as a note under section 3372 of |
| this title\] may be cited as the \'Captive Wildlife Safety Act\'.\"   |
|                                                                       |
| SHORT TITLE                                                           |
|                                                                       |
| Section 1 of Pub. L. 97-79 provided: \"That this Act \[enacting this  |
| chapter, amending section 1540 of this title and section 42 of Title  |
| 18, Crimes and Criminal Procedure, repealing sections 667e and 851 to |
| 856 of this title and sections 43, 44, 3054, and 3112 of Title 18,    |
| and enacting provisions set out as a note under section 1540 of this  |
| title\] may be cited as the \'Lacey Act Amendments of 1981\'.\"       |
+-----------------------------------------------------------------------+
| **§ 3372. Prohibited acts**                                           |
+-----------------------------------------------------------------------+
| **(a)** Offenses other than marking offenses                          |
|                                                                       |
| It is unlawful for any person -                                       |
|                                                                       |
| > **(1)** to import, export, transport, sell, receive, acquire, or    |
| > purchase any fish or wildlife or plant taken, possessed,            |
| > transported, or sold in violation of any law, treaty, or regulation |
| > of the United States or in violation of any Indian tribal law;      |
|                                                                       |
| **(2)** to import, export, transport, sell, receive, acquire, or      |
| purchase in interstate or foreign commerce -                          |
|                                                                       |
| **(A)** any fish or wildlife taken, possessed, transported, or sold   |
| in violation of any law or regulation of any State or in violation of |
| any foreign law;                                                      |
|                                                                       |
| **(B)** any plant taken, possessed, transported, or sold in violation |
| of any law or regulation of any State; or                             |
|                                                                       |
| **(C)** any prohibited wildlife species (subject to subsection (e) of |
| this section);                                                        |
|                                                                       |
| **(3)** within the special maritime and territorial jurisdiction of   |
| the United States (as defined in section 7 of title 18) -             |
|                                                                       |
| **(A)** to possess any fish or wildlife taken, possessed,             |
| transported, or sold in violation of any law or regulation of any     |
| State or in violation of any foreign law or Indian tribal law, or     |
|                                                                       |
| **(B)** to possess any plant taken, possessed, transported, or sold   |
| in violation of any law or regulation of any State; or                |
|                                                                       |
| **(4)** to attempt to commit any act described in paragraphs (1)      |
| through (3).                                                          |
|                                                                       |
| **(b)** Marking offenses                                              |
|                                                                       |
| It is unlawful for any person to import, export, or transport in      |
| interstate commerce any container or package containing any fish or   |
| wildlife unless the container or package has previously been plainly  |
| marked, labeled, or tagged in accordance with the regulations issued  |
| pursuant to paragraph (2) of section 3376(a) of this title.           |
|                                                                       |
| **(c)** Sale and purchase of guiding and outfitting services and      |
| invalid licenses and permits                                          |
|                                                                       |
| **(1)** Sale                                                          |
|                                                                       |
| It is deemed to be **a** sale of fish or wildlife in violation of     |
| this chapter for a person for money or other consideration to offer   |
| or provide -                                                          |
|                                                                       |
| **(A)** guiding, outfitting, or other services; or                    |
|                                                                       |
| **(B)** a hunting or fishing license or permit;                       |
|                                                                       |
| for the illegal taking, acquiring, receiving, transporting, or        |
| possessing of fish or wildlife.                                       |
|                                                                       |
| **(2)** Purchase                                                      |
|                                                                       |
| It is deemed to be a purchase of fish or wildlife in violation of     |
| this chapter for a person to obtain for money or other consideration  |
| -                                                                     |
|                                                                       |
| **(A)** guiding, outfitting, or other services; or                    |
|                                                                       |
| **(B)** a hunting or fishing license or permit;                       |
|                                                                       |
| for the illegal taking, acquiring, receiving, transporting, or        |
| possessing of fish or wildlife.                                       |
|                                                                       |
| **(d)** False labeling offenses                                       |
|                                                                       |
| It is unlawful for any person to make or submit any false record,     |
| account, or label for, or any false identification of, any fish,      |
| wildlife, or plant which has been, or is intended to be -             |
|                                                                       |
| **(1)** imported, exported, transported, sold, purchased, or received |
| from any foreign country; or                                          |
|                                                                       |
| **(2)** transported in interstate or foreign commerce.                |
|                                                                       |
| **(e)** Nonapplicability of prohibited wildlife species offense       |
|                                                                       |
| **(1)** In general Subsection (a)(2)(C) of this section does not      |
| apply to importation, exportation, transportation, sale, receipt,     |
| acquisition, or purchase of an animal of a prohibited wildlife        |
| species, by a person that, under regulations prescribed under         |
| paragraph (3), is described in paragraph (2) with respect to that     |
| species.                                                              |
|                                                                       |
| **(2)** Persons described                                             |
|                                                                       |
| A person is described in this paragraph, if the person -              |
|                                                                       |
| **(A)** is licensed or registered, and inspected, by the Animal and   |
| Plant Health Inspection Service or any other Federal agency with      |
| respect to that species;                                              |
|                                                                       |
| **(B)** is a State college, university, or agency, State-licensed     |
| wildlife rehabilitator, or 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                               |
|                                                                       |
| There is authorized to be appropriated to carry out subsection        |
| (a)(2)(C) of this section \$3,000,000 for each of fiscal years 2004   |
| through 2008.                                                         |
|                                                                       |
| (Pub. L. 97-79, Sec. 3, Nov. 16, 1981, 95 Stat. 1074; Pub. L.         |
| 100-653, title I, Sec. 101, Nov. 14, 1988, 102 Stat. 3825; Pub. L.    |
| 108-191, Sec. 3(a), Dec. 19, 2003, 117 Stat. 2871.)                   |
|                                                                       |
| AMENDMENTS                                                            |
|                                                                       |
| 2003 - Subsec. (a)(2)(C). Pub. L. 108-191, Sec. 3(a)(1)(A), added     |
| subpar. (C). Subsec. (a)(3)(B). Pub. L. 108-191, Sec. 3(a)(1)(B),     |
| inserted \"or\" after semicolon at end. Subsec. (a)(4). Pub. L.       |
| 108-191, Sec. 3(a)(1)(C), substituted \"paragraphs (1) through (3)\"  |
| for \"paragraphs (1) through (4)\". Subsec. (e). Pub. L. 108-191,     |
| Sec. 3(a)(2), added subsec. (e). 1988 - Subsec. (a)(1). Pub. L.       |
| 100-653, Sec. 101(1), substituted                                     |
|                                                                       |
| "taken, possessed, transported, or sold\" for \"taken or possessed\". |
| Subsec. (a)(4), (5). Pub. L. 100-653, Sec. 101(2), redesignated par.  |
| (5) as (4) and struck out former par. (4), which made it unlawful for |
| any person having imported, exported, transported, sold, purchased,   |
| or received any fish or wildlife or plant imported from any foreign   |
| country or transported in interstate or foreign commerce, to make or  |
| submit any false record, account, label, or identification thereof.   |
| Subsecs. (c), (d). Pub. L. 100-653, Sec. 101(3), added subsecs. (c)   |
| and (d).                                                              |
|                                                                       |
| EFFECTIVE DATE OF 2003 AMENDMENT                                      |
|                                                                       |
| Pub. L. 108-191, Sec. 3(b), Dec. 19, 2003, 117 Stat. 2872, provided   |
| that: \"Section 3(a)(2)(C) of the Lacey Act Amendments of 1981 \[16   |
| U.S.C. 3372(a)(2)(C)\] (as added by subsection (a)(1)(A)(iii)) shall  |
| apply beginning on the effective date of regulations promulgated      |
| under section 3(e)(3) of that Act \[16 U.S.C. 3372(e)(3)\] (as added  |
| by subsection (a)(2)).\"                                              |
+-----------------------------------------------------------------------+
| **§ 3373. Penalties and sanctions**                                   |
+-----------------------------------------------------------------------+
| **(a)** Civil penalties                                               |
|                                                                       |
| > **(1)** Any person who engages in conduct prohibited by any         |
| > provision of this chapter (other than subsections (b) and (d) of    |
| > section                                                             |
| > [3372](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html) |
| > of this title) and in the exercise of due care should know that the |
| > fish or wildlife or plants were taken, possessed, transported, or   |
| > sold in violation of, or in a manner unlawful under, any underlying |
| > law, treaty, or regulation, and any person who knowingly violates   |
| > section                                                             |
| > [3372](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html) |
| > [(d)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html#d) |
| > of this title, may be assessed a civil penalty by the Secretary of  |
| > not more than \$10,000 for each such violation: Provided, That when |
| > the violation involves fish or wildlife or plants with a market     |
| > value of less than \$350, and involves only the transportation,     |
| > acquisition, or receipt of fish or wildlife or plants taken or      |
| > possessed in violation of any law, treaty, or regulation of the     |
| > United States, any Indian tribal law, any foreign law, or any law   |
| > or regulation of any State, the penalty assessed shall not exceed   |
| > the maximum provided for violation of said law, treaty, or          |
| > regulation, or \$10,000, whichever is less.                         |
| >                                                                     |
| > **(2)** Any person who violates section                             |
| > [3372](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html) |
| > [(b)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html#b) |
| > of this title may be assessed a civil penalty by the Secretary of   |
| > not more than \$250.                                                |
| >                                                                     |
| > **(3)** For purposes of paragraphs (1) and (2), any reference to a  |
| > provision of this chapter or to a section of this chapter shall be  |
| > treated as including any regulation issued to carry out any such    |
| > provision or section.                                               |
| >                                                                     |
| > **(4)** No civil penalty may be assessed under this subsection      |
| > unless the person accused of the violation is given notice and      |
| > opportunity for a hearing with respect to the violation. Each       |
| > violation shall be a separate offense and the offense shall be      |
| > deemed to have been committed not only in the district where the    |
| > violation first occurred, but also in any district in which a       |
| > person may have taken or been in possession of the said fish or     |
| > wildlife or plants.                                                 |
| >                                                                     |
| > **(5)** Any civil penalty assessed under this subsection may be     |
| > remitted or mitigated by the Secretary.                             |
| >                                                                     |
| > **(6)** In determining the amount of any penalty assessed pursuant  |
| > to paragraphs (1) and (2), the Secretary shall take into account    |
| > the nature, circumstances, extent, and gravity of the prohibited    |
| > act committed, and with respect to the violator, the degree of      |
| > culpability, ability to pay, and such other matters as justice may  |
| > require.                                                            |
|                                                                       |
| **(b)** Hearings                                                      |
|                                                                       |
| Hearings held during proceedings for the assessment of civil          |
| penalties shall be conducted in accordance with section               |
| [554](http://assembler.l                                              |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00000554----000-.html) |
| of title                                                              |
| [5](http                                                              |
| ://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html). |
| The administrative law judge may issue subpenas for the attendance    |
| and testimony of witnesses and the production of relevant papers,     |
| books, or documents, and may administer oaths. Witnesses summoned     |
| shall be paid the same fees and mileage that are paid to witnesses in |
| the courts of the United States. In case of contumacy or refusal to   |
| obey a subpena issued pursuant to this paragraph and served upon any  |
| person, the district court of the United States for any district in   |
| which such person is found, resides, or transacts business, upon      |
| application by the United States and after notice to such person,     |
| shall have jurisdiction to issue an order requiring such person to    |
| appear and give testimony before the administrative law judge or to   |
| appear and produce documents before the administrative law judge, or  |
| both, and any failure to obey such order of the court may be punished |
| by such court as a contempt thereof.                                  |
|                                                                       |
| **(c)** Review of civil penalty                                       |
|                                                                       |
| Any person against whom a civil penalty is assessed under this        |
| section may obtain review thereof in the appropriate District Court   |
| of the United States by filing a complaint in such court within 30    |
| days after the date of such order and by simultaneously serving a     |
| copy of the complaint by certified mail on the Secretary, the         |
| 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](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode28/usc_sec_28_00002112----000-.html) |
| of title                                                              |
| [28](http:                                                            |
| //assembler.law.cornell.edu/uscode/html/uscode28/usc_sup_01_28.html). |
| If any person fails to pay an assessment of a civil penalty after it  |
| has become a final and unappealable order or after the appropriate    |
| court has entered final judgment in favor of the Secretary, the       |
| Secretary may request the Attorney General of the United States to    |
| institute a civil action in an appropriate district court of the      |
| United States to collect the penalty, and such court shall have       |
| jurisdiction to hear and decide any such action. In hearing such      |
| action, the court shall have authority to review the violation and    |
| the assessment of the civil penalty de novo.                          |
|                                                                       |
| **(d)** Criminal penalties                                            |
|                                                                       |
| > **(1)** Any person who---                                           |
| >                                                                     |
| > **(A)** knowingly imports or exports any fish or wildlife or plants |
| > in violation of any provision of this chapter (other than           |
| > subsections (b) and (d) of section                                  |
| > [3372](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html) |
| > of this title), or                                                  |
| >                                                                     |
| > **(B)** violates any provision of this chapter (other than          |
| > subsections (b) and (d) of section                                  |
| > [3372](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html) |
| > of this title) by knowingly engaging in conduct that involves the   |
| > sale or purchase of, the offer of sale or purchase of, or the       |
| > intent to sell or purchase, fish or wildlife or plants with a       |
| > market value in excess of \$350,                                    |
| >                                                                     |
| > knowing that the fish or wildlife or plants were taken, possessed,  |
| > transported, or sold in violation of, or in a manner unlawful       |
| > under, any underlying law, treaty or regulation, shall be fined not |
| > more than \$20,000, or imprisoned for not more than five years, or  |
| > both. Each violation shall be a separate offense and the offense    |
| > shall be deemed to have been committed not only in the district     |
| > where the violation first occurred, but also in any district in     |
| > which the defendant may have taken or been in possession of the     |
| > said fish or wildlife or plants.                                    |
| >                                                                     |
| > **(2)** Any person who knowingly engages in conduct prohibited by   |
| > any provision of this chapter (other than subsections (b) and (d)   |
| > of section                                                          |
| > [3372](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html) |
| > of this title) and in the exercise of due care should know that the |
| > fish or wildlife or plants were taken, possessed, transported, or   |
| > sold in violation of, or in a manner unlawful under, any underlying |
| > law, treaty or regulation shall be fined not more than \$10,000, or |
| > imprisoned for not more than one year, or both. Each violation      |
| > shall be a separate offense and the offense shall be deemed to have |
| > been committed not only in the district where the violation first   |
| > occurred, but also in any district in which the defendant may have  |
| > taken or been in possession of the said fish or wildlife or plants. |
| >                                                                     |
| > **(3)** Any person who knowingly violates section                   |
| > [3372](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html) |
| > [(d)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html#d) |
| > of this title---                                                    |
| >                                                                     |
| > **(A)** shall be fined under title 18 or imprisoned for not more    |
| > than 5 years, or both, if the offense involves---                   |
| >                                                                     |
| > **(i)** the importation or exportation of fish or wildlife or       |
| > plants; or                                                          |
| >                                                                     |
| > **(ii)** the sale or purchase, offer of sale or purchase, or        |
| > commission of an act with intent to sell or purchase fish or        |
| > wildlife or plants with a market value greater than \$350; and      |
| >                                                                     |
| > **(B)** shall be fined under title 18 or imprisoned for not more    |
| > than 1 year, or both, if the offense does not involve conduct       |
| > described in subparagraph (A).                                      |
|                                                                       |
| **(e)** Permit sanctions                                              |
|                                                                       |
| The Secretary may also suspend, modify, or cancel any Federal hunting |
| or fishing license, permit, or stamp, or any license or permit        |
| authorizing a person to import or export fish or wildlife or plants   |
| (other than a permit or license issued pursuant to the                |
| Magnuson-Stevens Fishery Conservation and Management Act              |
| \[[16](http                                                           |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| U.S.C.                                                                |
| [1801](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001801----000-.html) |
| et seq.\]), or to operate a quarantine station or rescue center for   |
| imported wildlife or plants, issued to any person who is convicted of |
| a criminal violation of any provision of this chapter or any          |
| regulation issued hereunder. The Secretary shall not be liable for    |
| the payments of any compensation, reimbursement, or damages in        |
| connection with the modification, suspension, or revocation of any    |
| licenses, permits, stamps, or other agreements pursuant to this       |
| section.                                                              |
+-----------------------------------------------------------------------+
| **§ 3374. Forfeiture**                                                |
+-----------------------------------------------------------------------+
| **(a)** In general                                                    |
|                                                                       |
| > **(1)** All fish or wildlife or plants imported, exported,          |
| > transported, sold, received, acquired, or purchased contrary to the |
| > provisions of section                                               |
| > [3372](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html) |
| > of this title (other than section                                   |
| > [3372](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html) |
| > [(b)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html#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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00003373----000-.html) |
| > 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](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00003373----000-.html) |
| of this title shall be liable for the costs incurred in the storage,  |
| care, and maintenance of any fish or wildlife or plant seized in      |
| connection with the violation concerned.                              |
+-----------------------------------------------------------------------+
| **§ 3375. Enforcement**                                               |
+-----------------------------------------------------------------------+
| **(a)** In general                                                    |
|                                                                       |
| The provisions of this chapter and any regulations issued pursuant    |
| thereto shall be enforced by the Secretary, the Secretary of          |
| Transportation, or the Secretary of the Treasury. Such Secretary may  |
| utilize by agreement, with or without reimbursement, the personnel,   |
| services, and facilities of any other Federal agency or any State     |
| agency or Indian tribe for purposes of enforcing this chapter.        |
|                                                                       |
| **(b)** Powers                                                        |
|                                                                       |
| Any person authorized under subsection (a) of this section to enforce |
| this chapter may carry firearms; may, when enforcing this chapter,    |
| make an arrest without a warrant, in accordance with any guidelines   |
| which may be issued by the Attorney General, for any offense under    |
| the laws of the United States committed in the person's presence, or  |
| for the commission of any felony under the laws of the United States, |
| if the person has reasonable grounds to believe that the person to be |
| arrested has committed or is committing a felony; may search and      |
| seize, with or without a warrant, in accordance with any guidelines   |
| which may be issued by the Attorney                                   |
| General; [\[1\]](http://assembler.law.cornell.e                       |
| du/uscode/html/uscode16/usc_sec_16_00003375----000-.html#FN-1%23FN-1) |
| Provided, That an arrest for a felony violation of this chapter that  |
| is not committed in the presence or view of any such person and that  |
| involves only the transportation, acquisition, receipt, purchase, or  |
| sale of fish or wildlife or plants taken or possessed in violation of |
| any law or regulation of any State shall require a warrant; may make  |
| an arrest without a warrant for a misdemeanor violation of this       |
| chapter if he has reasonable grounds to believe that the person to be |
| arrested is committing a violation in his presence or view; and may   |
| execute and serve any subpena, arrest warrant, search warrant issued  |
| in accordance with rule 41 of the Federal Rules of Criminal           |
| Procedure, or other warrant of civil or criminal process issued by    |
| any officer or court of competent jurisdiction for enforcement of     |
| this chapter. Any person so authorized, in coordination with the      |
| Secretary of the Treasury, may detain for inspection and inspect any  |
| 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](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00003374----000-.html) |
| 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](http://assembler.l                                              |
| aw.cornell.edu/uscode/html/uscode28/usc_sec_28_00000460----000-.html) |
| of title                                                              |
| [28](http:                                                            |
| //assembler.law.cornell.edu/uscode/html/uscode28/usc_sup_01_28.html), |
| shall have jurisdiction over any actions arising under this chapter.  |
| The venue provisions of title 18 and title 28 shall apply to any      |
| actions arising under this chapter. The judges of the district courts |
| of the United States and the United States magistrate judges may,     |
| within their respective jurisdictions, upon proper oath or            |
| affirmation showing probable cause, issue such warrants or other      |
| process as may be required for enforcement of this chapter and any    |
| regulations issued thereunder.                                        |
|                                                                       |
| **(d)** Rewards and incidental expenses                               |
|                                                                       |
| Beginning in fiscal year 1983, the Secretary or the Secretary of the  |
| Treasury shall pay, from sums received as penalties, fines, or        |
| forfeitures of property for any violation of this chapter or any      |
| regulation issued hereunder                                           |
|                                                                       |
| > **(1)** a reward to any person who furnishes information which      |
| > leads to an arrest, a criminal conviction, civil penalty            |
| > assessment, or forfeiture of property for any violation of this     |
| > chapter or any regulation issued hereunder. The amount of the       |
| > reward, if any, is to be designated by the Secretary or the         |
| > Secretary of the Treasury, as appropriate. Any officer or employee  |
| > of the United States or any State or local government who furnishes |
| > information or renders service in the performance of his official   |
| > duties is ineligible for payment under this subsection, and         |
| >                                                                     |
| > **(2)** the reasonable and necessary costs incurred by any person   |
| > in providing temporary care for any fish, wildlife, or plant        |
| > pending the disposition of any civil or criminal proceeding         |
| > alleging a violation of this chapter with respect to that fish,     |
| > wildlife, or plant.                                                 |
+-----------------------------------------------------------------------+
| **§ 3376. Administration**                                            |
+-----------------------------------------------------------------------+
| **(a)** Regulations                                                   |
|                                                                       |
| > **(1)** The Secretary, after consultation with the Secretary of the |
| > Treasury, is authorized to issue such regulations, except as        |
| > provided in paragraph (2), as may be necessary to carry out the     |
| > provisions of section                                               |
| > [3373](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00003373----000-.html) |
| > and section                                                         |
| > [3374](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00003374----000-.html) |
| > of this title.                                                      |
| >                                                                     |
| > **(2)** The Secretaries of the Interior and Commerce shall jointly  |
| > promulgate specific regulations to implement the provisions of      |
| > section                                                             |
| > [3372](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html) |
| > [(b)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html#b) |
| > of this title for the marking and labeling of containers or         |
| > packages containing fish or wildlife. These regulations shall be in |
| > accordance with existing commercial practices.                      |
|                                                                       |
| **(b)** Contract authority                                            |
|                                                                       |
| Beginning in fiscal year 1983, to the extent and in the amounts       |
| provided in advance in appropriations Act, the Secretary may enter    |
| into such contracts, leases, cooperative agreements, or other         |
| transactions with any Federal or State agency, Indian tribe, public   |
| or private institution, or other person, as may be necessary to carry |
| out the purposes of this chapter.                                     |
+-----------------------------------------------------------------------+
| **§ 3377. Exceptions**                                                |
+-----------------------------------------------------------------------+
| **(a)** Activities regulated by plan under Magnuson-Stevens Fishery   |
| Conservation and Management Act                                       |
|                                                                       |
| The provisions of paragraph (1) of section                            |
| [3372](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html) |
| [(a)](http://assembler.law                                            |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html#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](http                                                            |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| U.S.C.                                                                |
| [1801](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001801----000-.html) |
| 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](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html) |
| [(a)](http://assembler.law                                            |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html#a) |
| of this title shall not apply to---                                   |
|                                                                       |
| > **(1)** any activity regulated by the Tuna Conventions Act of 1950  |
| > ([16](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C. 951--961) or the Atlantic Tunas Convention Act of 1975       |
| > ([16](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C. 971--971 (h)); or                                            |
| >                                                                     |
| > **(2)** any activity involving the harvesting of highly migratory   |
| > species (as defined in paragraph (14) of section 3 of the           |
| > Magnuson-Stevens Fishery Conservation and Management Act            |
| > \[[16](http                                                         |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [1802](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001802----000-.html) |
| > [(14)](http://assembler.law.cor                                     |
| nell.edu/uscode/html/uscode16/usc_sec_16_00001802----000-.html#14)\]) |
| > taken on the high seas (as defined in paragraph (13) of such        |
| > section                                                             |
| > [3](http://assembler.la                                             |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000003----000-.html)) |
| > 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](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html) |
| [(a)](http://assembler.law                                            |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html#a) |
| of this title shall not apply to the interstate shipment or           |
| transshipment through Indian country as defined in section            |
| [1151](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode18/usc_sec_18_00001151----000-.html) |
| of title                                                              |
| [18](http                                                             |
| ://assembler.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18.html) |
| 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.                                       |
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| **§ 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](http                                                           |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [851--856](http://assembler.law                                     |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00000851----000-.html)). |
| >                                                                     |
| > **(2)** Section                                                     |
| > [667e](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000667---e000-.html) |
| > of this title and sections                                          |
| > [43](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode18/usc_sec_18_00000043----000-.html) |
| > and                                                                 |
| > [44](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode18/usc_sec_18_00000044----000-.html) |
| > of title                                                            |
| > [18](http                                                           |
| ://assembler.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18.html) |
| > (commonly known as provisions of the Lacey Act).                    |
| >                                                                     |
| > **(3)** Sections                                                    |
| > [3054](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode18/usc_sec_18_00003054----000-.html) |
| > and                                                                 |
| > [3112](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode18/usc_sec_18_00003112----000-.html) |
| > of title                                                            |
| > [18](http:                                                          |
| //assembler.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18.html). |
|                                                                       |
| **(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](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00005724----000-.html) |
| of title                                                              |
| [5](htt                                                               |
| p://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html) |
| for all such special agents appointed after January 1, 1977.          |
|                                                                       |
| **(e)** Interior appropriations budget proposal                       |
|                                                                       |
| The Secretary shall identify the funds utilized to enforce this       |
| chapter and any regulations thereto as a specific appropriations item |
| in the Department of the Interior appropriations budget proposal to   |
| the Congress.                                                         |
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