-CITE-
    16 USC CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND
           WILDLIFE                                        01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE
-HEAD-
         CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE
-MISC1-
    Sec.
    3371.       Definitions.
    3372.       Prohibited acts.
    3373.       Penalties and sanctions.
    3374.       Forfeiture.
    3375.       Enforcement.
    3376.       Administration.
    3377.       Exceptions.
    3378.       Miscellaneous provisions.
-End-
-CITE-
    16 USC Sec. 3371                                            01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE
-HEAD-
    Sec. 3371. Definitions
-STATUTE-
      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.
-SOURCE-
    (Pub. L. 97-79, Sec. 2, Nov. 16, 1981, 95 Stat. 1073; Pub. L. 108-
    191, Sec. 2, Dec. 19, 2003, 117 Stat. 2871.)
-REFTEXT-
                            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.
-MISC1-
                                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'."
-End-
-CITE-
    16 USC Sec. 3372                                            01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE
-HEAD-
    Sec. 3372. Prohibited acts
-STATUTE-
    (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.
-SOURCE-
    (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.)
-MISC1-
                                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)) [Sept. 17, 2007,
    see 72 F.R. 45938]."
-End-
-CITE-
    16 USC Sec. 3373                                            01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE
-HEAD-
    Sec. 3373. Penalties and sanctions
-STATUTE-
    (a) Civil penalties
      (1) Any person who engages in conduct prohibited by any provision
    of this chapter (other than subsections (b) and (d) of section 3372
    of this title) and in the exercise of due care should know that the
    fish or wildlife or plants were taken, possessed, transported, or
    sold in violation of, or in a manner unlawful under, any underlying
    law, treaty, or regulation, and any person who knowingly violates
    section 3372(d) of this title, may be assessed a civil penalty by
    the Secretary of not more than $10,000 for each such violation:
    Provided, That when the violation involves fish or wildlife or
    plants with a market value of less than $350, and involves only the
    transportation, acquisition, or receipt of fish or wildlife or
    plants taken or possessed in violation of any law, treaty, or
    regulation of the United States, any Indian tribal law, any foreign
    law, or any law or regulation of any State, the penalty assessed
    shall not exceed the maximum provided for violation of said law,
    treaty, or regulation, or $10,000, whichever is less.
      (2) Any person who violates section 3372(b) of this title may be
    assessed a civil penalty by the Secretary of not more than $250.
      (3) For purposes of paragraphs (1) and (2), any reference to a
    provision of this chapter or to a section of this chapter shall be
    treated as including any regulation issued to carry out any such
    provision or section.
      (4) No civil penalty may be assessed under this subsection unless
    the person accused of the violation is given notice and opportunity
    for a hearing with respect to the violation. Each violation shall
    be a separate offense and the offense shall be deemed to have been
    committed not only in the district where the violation first
    occurred, but also in any district in which a person may have taken
    or been in possession of the said fish or wildlife or plants.
      (5) Any civil penalty assessed under this subsection may be
    remitted or mitigated by the Secretary.
      (6) In determining the amount of any penalty assessed pursuant to
    paragraphs (1) and (2), the Secretary shall take into account the
    nature, circumstances, extent, and gravity of the prohibited act
    committed, and with respect to the violator, the degree of
    culpability, ability to pay, and such other matters as justice may
    require.
    (b) Hearings
      Hearings held during proceedings for the assessment of civil
    penalties shall be conducted in accordance with section 554 of
    title 5. The administrative law judge may issue subpenas for the
    attendance and testimony of witnesses and the production of
    relevant papers, books, or documents, and may administer oaths.
    Witnesses summoned shall be paid the same fees and mileage that are
    paid to witnesses in the courts of the United States. In case of
    contumacy or refusal to obey a subpena issued pursuant to this
    paragraph and served upon any person, the district court of the
    United States for any district in which such person is found,
    resides, or transacts business, upon application by the United
    States and after notice to such person, shall have jurisdiction to
    issue an order requiring such person to appear and give testimony
    before the administrative law judge or to appear and produce
    documents before the administrative law judge, or both, and any
    failure to obey such order of the court may be punished by such
    court as a contempt thereof.
    (c) Review of civil penalty
      Any person against whom a civil penalty is assessed under this
    section may obtain review thereof in the appropriate District Court
    of the United States by filing a complaint in such court within 30
    days after the date of such order and by simultaneously serving a
    copy of the complaint by certified mail on the Secretary, the
    Attorney General, and the appropriate United States attorney. The
    Secretary shall promptly file in such court a certified copy of the
    record upon which such violation was found or such penalty imposed,
    as provided in section 2112 of title 28. If any person fails to pay
    an assessment of a civil penalty after it has become a final and
    unappealable order or after the appropriate court has entered final
    judgment in favor of the Secretary, the Secretary may request the
    Attorney General of the United States to institute a civil action
    in an appropriate district court of the United States to collect
    the penalty, and such court shall have jurisdiction to hear and
    decide any such action. In hearing such action, the court shall
    have authority to review the violation and the assessment of the
    civil penalty de novo.
    (d) Criminal penalties
      (1) Any person who -
        (A) knowingly imports or exports any fish or wildlife or plants
      in violation of any provision of this chapter (other than
      subsections (b) and (d) of section 3372 of this title), or
        (B) violates any provision of this chapter (other than
      subsections (b) and (d) of section 3372 of this title) by
      knowingly engaging in conduct that involves the sale or purchase
      of, the offer of sale or purchase of, or the intent to sell or
      purchase, fish or wildlife or plants with a market value in
      excess of $350,
    knowing that the fish or wildlife or plants were taken, possessed,
    transported, or sold in violation of, or in a manner unlawful
    under, any underlying law, treaty or regulation, shall be fined not
    more than $20,000, or imprisoned for not more than five years, or
    both. Each violation shall be a separate offense and the offense
    shall be deemed to have been committed not only in the district
    where the violation first occurred, but also in any district in
    which the defendant may have taken or been in possession of the
    said fish or wildlife or plants.
      (2) Any person who knowingly engages in conduct prohibited by any
    provision of this chapter (other than subsections (b) and (d) of
    section 3372 of this title) and in the exercise of due care should
    know that the fish or wildlife or plants were taken, possessed,
    transported, or sold in violation of, or in a manner unlawful
    under, any underlying law, treaty or regulation shall be fined not
    more than $10,000, or imprisoned for not more than one year, or
    both. Each violation shall be a separate offense and the offense
    shall be deemed to have been committed not only in the district
    where the violation first occurred, but also in any district in
    which the defendant may have taken or been in possession of the
    said fish or wildlife or plants.
      (3) Any person who knowingly violates section 3372(d) of this
    title -
        (A) shall be fined under title 18 or imprisoned for not more
      than 5 years, or both, if the offense involves -
          (i) the importation or exportation of fish or wildlife or
        plants; or
          (ii) the sale or purchase, offer of sale or purchase, or
        commission of an act with intent to sell or purchase fish or
        wildlife or plants with a market value greater than $350; and
        (B) shall be fined under title 18 or imprisoned for not more
      than 1 year, or both, if the offense does not involve conduct
      described in subparagraph (A).
    (e) Permit sanctions
      The Secretary may also suspend, modify, or cancel any Federal
    hunting or fishing license, permit, or stamp, or any license or
    permit authorizing a person to import or export fish or wildlife or
    plants (other than a permit or license issued pursuant to the
    Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C.
    1801 et seq.]), or to operate a quarantine station or rescue center
    for imported wildlife or plants, issued to any person who is
    convicted of a criminal violation of any provision of this chapter
    or any regulation issued hereunder. The Secretary shall not be
    liable for the payments of any compensation, reimbursement, or
    damages in connection with the modification, suspension, or
    revocation of any licenses, permits, stamps, or other agreements
    pursuant to this section.
-SOURCE-
    (Pub. L. 97-79, Sec. 4, Nov. 16, 1981, 95 Stat. 1074; Pub. L. 100-
    653, title I, Secs. 102, 103, Nov. 14, 1988, 102 Stat. 3825,
    3826.)
-REFTEXT-
                            REFERENCES IN TEXT
      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 (Sec. 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.
-COD-
                               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, Sec.
    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, Sec.
    101(a) [title II, Sec. 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.
-MISC1-
                                AMENDMENTS
      1988 - Subsec. (a)(1). Pub. L. 100-653, Sec. 102(a), (c),
    substituted "(other than subsections (b) and (d) of section 3372 of
    this title)" for "(other than section 3372(b) of this title)" and
    inserted "and any person who knowingly violates section 3372(d) of
    this title," after "any underlying law, treaty, or regulations,".
      Subsec. (c). Pub. L. 100-653, Sec. 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, Sec. 102(c), substituted
    "(other than subsections (b) and (d) of section 3372 of this
    title)" for "(other than section 3372(b) of this title)" in pars.
    (1)(A), (B), and (2).
      Subsec. (d)(3). Pub. L. 100-653, Sec. 102(b), added par. (3).
-TRANS-
                           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.
-End-
-CITE-
    16 USC Sec. 3374                                            01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE
-HEAD-
    Sec. 3374. Forfeiture
-STATUTE-
    (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.
-SOURCE-
    (Pub. L. 97-79, Sec. 5, Nov. 16, 1981, 95 Stat. 1076.)
-REFTEXT-
                            REFERENCES IN TEXT
      The customs laws, referred to in subsec. (b), are classified
    generally to Title 19, Customs Duties.
      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.
-TRANS-
                           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.
-End-
-CITE-
    16 USC Sec. 3375                                            01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE
-HEAD-
    Sec. 3375. Enforcement
-STATUTE-
    (a) In general
      The provisions of this chapter and any regulations issued
    pursuant thereto shall be enforced by the Secretary, the Secretary
    of Transportation, or the Secretary of the Treasury. Such Secretary
    may utilize by agreement, with or without reimbursement, the
    personnel, services, and facilities of any other Federal agency or
    any State agency or Indian tribe for purposes of enforcing this
    chapter.
    (b) Powers
      Any person authorized under subsection (a) of this section to
    enforce this chapter may carry firearms; may, when enforcing this
    chapter, make an arrest without a warrant, in accordance with any
    guidelines which may be issued by the Attorney General, for any
    offense under the laws of the United States committed in the
    person's presence, or for the commission of any felony under the
    laws of the United States, if the person has reasonable grounds to
    believe that the person to be arrested has committed or is
    committing a felony; may search and seize, with or without a
    warrant, in accordance with any guidelines which may be issued by
    the Attorney General; (!1) Provided, That an arrest for a felony
    violation of this chapter that is not committed in the presence or
    view of any such person and that involves only the transportation,
    acquisition, receipt, purchase, or sale of fish or wildlife or
    plants taken or possessed in violation of any law or regulation of
    any State shall require a warrant; may make an arrest without a
    warrant for a misdemeanor violation of this chapter if he has
    reasonable grounds to believe that the person to be arrested is
    committing a violation in his presence or view; and may execute and
    serve any subpena, arrest warrant, search warrant issued in
    accordance with rule 41 of the Federal Rules of Criminal Procedure,
    or other warrant of civil or criminal process issued by any officer
    or court of competent jurisdiction for enforcement of this chapter.
    Any person so authorized, in coordination with the Secretary of the
    Treasury, may detain for inspection and inspect any vessel,
    vehicle, aircraft, or other conveyance or any package, crate, or
    other container, including its contents, upon the arrival of such
    conveyance or container in the United States or the customs waters
    of the United States from any point outside the United States or
    such customs waters, or, if such conveyance or container is being
    used for exportation purposes, prior to departure from the United
    States or the customs waters of the United States. Such person may
    also inspect and demand the production of any documents and permits
    required by the country of natal origin, birth, or reexport of the
    fish or wildlife. Any fish, wildlife, plant, property, or item
    seized shall be held by any person authorized by the Secretary
    pending disposition of civil or criminal proceedings, or the
    institution of an action in rem for forfeiture of such fish,
    wildlife, plants, property, or item pursuant to section 3374 of
    this title; except that the Secretary may, in lieu of holding such
    fish, wildlife, plant, property, or item, permit the owner or
    consignee to post a bond or other surety satisfactory to the
    Secretary.
    (c) Jurisdiction of district courts
      The several district courts of the United States, including the
    courts enumerated in section 460 of title 28, shall have
    jurisdiction over any actions arising under this chapter. The venue
    provisions of title 18 and title 28 shall apply to any actions
    arising under this chapter. The judges of the district courts of
    the United States and the United States magistrate judges may,
    within their respective jurisdictions, upon proper oath or
    affirmation showing probable cause, issue such warrants or other
    process as may be required for enforcement of this chapter and any
    regulations issued thereunder.
    (d) Rewards and incidental expenses
      Beginning in fiscal year 1983, the Secretary or the Secretary of
    the Treasury shall pay, from sums received as penalties, fines, or
    forfeitures of property for any violation of this chapter or any
    regulation issued hereunder (1) a reward to any person who
    furnishes information which leads to an arrest, a criminal
    conviction, civil penalty assessment, or forfeiture of property for
    any violation of this chapter or any regulation issued hereunder.
    The amount of the reward, if any, is to be designated by the
    Secretary or the Secretary of the Treasury, as appropriate. Any
    officer or employee of the United States or any State or local
    government who furnishes information or renders service in the
    performance of his official duties is ineligible for payment under
    this subsection, and (2) the reasonable and necessary costs
    incurred by any person in providing temporary care for any fish,
    wildlife, or plant pending the disposition of any civil or criminal
    proceeding alleging a violation of this chapter with respect to
    that fish, wildlife, or plant.
-SOURCE-
    (Pub. L. 97-79, Sec. 6, Nov. 16, 1981, 95 Stat. 1077; Pub. L. 98-
    327, Sec. 4, June 25, 1984, 98 Stat. 271; Pub. L. 100-653, title
    I, Sec. 104, Nov. 14, 1988, 102 Stat. 3826; Pub. L. 101-650, title
    III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
-REFTEXT-
                            REFERENCES IN TEXT
      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.
-MISC1-
                                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 substituted a comma for "a
    reward" after "shall pay" in first sentence, inserted "(1) a
    reward" before "to any person", and added cl. (2).
-CHANGE-
                              CHANGE OF NAME
      "United States magistrate judges" substituted for "United States
    magistrates" in subsec. (c) pursuant to section 321 of Pub. L. 101-
    650, set out as a note under section 631 of Title 28, Judiciary
    and Judicial Procedure.
-TRANS-
                           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.
-FOOTNOTE-
    (!1) So in original. The semicolon probably should be a colon.
-End-
-CITE-
    16 USC Sec. 3376                                            01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE
-HEAD-
    Sec. 3376. Administration
-STATUTE-
    (a) Regulations
      (1) The Secretary, after consultation with the Secretary of the
    Treasury, is authorized to issue such regulations, except as
    provided in paragraph (2), as may be necessary to carry out the
    provisions of section 3373 and section 3374 of this title.
      (2) The Secretaries of the Interior and Commerce shall jointly
    promulgate specific regulations to implement the provisions of
    section 3372(b) of this title for the marking and labeling of
    containers or packages containing fish or wildlife. These
    regulations shall be in accordance with existing commercial
    practices.
    (b) Contract authority
      Beginning in fiscal year 1983, to the extent and in the amounts
    provided in advance in appropriations Act, the Secretary may enter
    into such contracts, leases, cooperative agreements, or other
    transactions with any Federal or State agency, Indian tribe, public
    or private institution, or other person, as may be necessary to
    carry out the purposes of this chapter.
-SOURCE-
    (Pub. L. 97-79, Sec. 7, Nov. 16, 1981, 95 Stat. 1078.)
-TRANS-
                           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.
-End-
-CITE-
    16 USC Sec. 3377                                            01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE
-HEAD-
    Sec. 3377. Exceptions
-STATUTE-
    (a) Activities regulated by plan under Magnuson-Stevens Fishery
      Conservation and Management Act
      The provisions of paragraph (1) of section 3372(a) of this title
    shall not apply to any activity regulated by a fishery management
    plan in effect under the Magnuson-Stevens Fishery Conservation and
    Management Act (16 U.S.C. 1801 et seq.).
    (b) Activities regulated by Tuna Convention Acts; harvesting of
      highly migratory species taken on high seas
      The provisions of paragraphs (1), (2)(A), and (3)(A) of section
    3372(a) of this title shall not apply to -
        (1) any activity regulated by the Tuna Conventions Act of 1950
      (16 U.S.C. 951-961) or the Atlantic Tunas Convention Act of 1975
      (16 U.S.C. 971-971(h)); or
        (2) any activity involving the harvesting of highly migratory
      species (as defined in paragraph (14) of section 3 (!1) 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.
-SOURCE-
    (Pub. L. 97-79, Sec. 8, Nov. 16, 1981, 95 Stat. 1078.)
-REFTEXT-
                            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 (Sec. 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 (Sec. 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 (Sec. 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 section 3(14) no longer defines the term "highly
    migratory species". However, such term is defined elsewhere in that
    section.
-COD-
                               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, Sec. 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, Sec. 101(a) [title II, Sec. 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.
-FOOTNOTE-
    (!1) See References in Text note below.
-End-
-CITE-
    16 USC Sec. 3378                                            01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE
-HEAD-
    Sec. 3378. Miscellaneous provisions
-STATUTE-
    (a) Effect on powers of States
      Nothing in this chapter shall be construed to prevent the several
    States or Indian tribes from making or enforcing laws or
    regulations not inconsistent with the provisions of this chapter.
    (b) Repeals
      The following provisions of law are repealed:
        (1) The Act of May 20, 1926 (commonly known as the Black Bass
      Act; 16 U.S.C. 851-856).
        (2) Section 667e of this title and sections 43 and 44 of title
      18 (commonly known as provisions of the Lacey Act).
        (3) Sections 3054 and 3112 of title 18.
    (c) Disclaimers
      Nothing in this chapter shall be construed as -
        (1) repealing, superseding, or modifying any provision of
      Federal law other than those specified in subsection (b) of this
      section;
        (2) repealing, superseding, or modifying any right, privilege,
      or immunity granted, reserved, or established pursuant to treaty,
      statute, or executive order pertaining to any Indian tribe, band,
      or community; or
        (3) enlarging or diminishing the authority of any State or
      Indian tribe to regulate the activities of persons within Indian
      reservations.
    (d) Travel and transportation expenses
      The Secretary of the Interior is authorized to pay from agency
    appropriations the travel expense of newly appointed special agents
    of the United States Fish and Wildlife Service and the
    transportation expense of household goods and personal effects from
    place of residence at time of selection to first duty station to
    the extent authorized by section 5724 of title 5 for all such
    special agents appointed after January 1, 1977.
    (e) Interior appropriations budget proposal
      The Secretary shall identify the funds utilized to enforce this
    chapter and any regulations thereto as a specific appropriations
    item in the Department of the Interior appropriations budget
    proposal to the Congress.
-SOURCE-
    (Pub. L. 97-79, Sec. 9(a)-(c), (g), (h), Nov. 16, 1981, 95 Stat.
    1079, 1080.)
-REFTEXT-
                            REFERENCES IN TEXT
      The Black Bass Act, referred to in subsec. (b)(1), is act May 20,
    1926, ch. 346, 44 Stat. 576, as amended, which was classified
    generally to chapter 13 (Sec. 851 et seq.) of this title. For
    complete classification of this Act to the Code, see Tables.
-COD-
                               CODIFICATION
      Subsecs. (d) and (e) of this section were in the original
    subsecs. (g) and (h), respectively, of section 9 of Pub. L. 97-79
    and were redesignated for purposes of codification.
-End-