Lacey Act Amendments of 1981
PL 97-79 (S.736), enacted 11/16/1981

Amendments of 
1981. 
PUBLIC LAW 97-79—NOV. 16, 1981 
95 STAT. 1073 
Public Law 97-79 
97th Congress 
An Act 
To provide for the control of illegally taken fish and wildlife. 
Nov. 16, 1981 
[S. 736] 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, That this Act may be ^tf fL^* 
cited as the "Lacey Act Amendments of 1981". 
"""^ 
SEC. 2. DEFINITIONS. 
nota^^ ^^'^^ 
For the purposes of 
this Act: 
1
6 use 3371. 
(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, coelenter-
ate, 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, United States Code. 
(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, transporta-
tion, or sale offish or wildlife or plants. 
(e) The term "person" includes any individual, partnership, associ-
ation, 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) The term "Secretary" means, except as otherwise provided in 
the Act, 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 5 use app. 
with respect to the provisions of this Act which pertain to the 
importation or exportation of plants the term means the Secretary of 
Agriculture. 
(h) The term "State" means any of the several States, the District 
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, 
95 STAT. 1074 
PUBLIC LAW 97-79—NOV. 16, 1981 
Guam, Northern Mariana Islands, American Samoa, and any other 
territory, commonwealth, or possession of the United States. 
(i) The term "taken" means captured, killed, or collected. 
(j) 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. 
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SEC. 3. PROHIBITED ACTS. 
(a) OFFENSES OTHER THAN MARKING OFFENSES.—It is unlawful for 
any person-
C
D to import, export, transport, sell, receive, acquire, or pur-
chase any fish or wildlife or plant taken or possessed 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 pur-
chase 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, or 
(B) any plant taken, possessed, transported, or sold in 
violation of 
any law or regulation of any State; 
(3) within the special maritime and territorial jurisdiction of 
the United States (as defined in section 7 of 
title 18, United States 
Code)— 
(A) to possess any fish or wildlife taken, possessed, trans-
ported, 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; 
(4) 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; or 
(5) to attempt to commit any act described in paragraphs (1) 
through (4). 
(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 subsection 
7(a) of this Act. 
16 use 3373. 
SEC. 4. PENALTIES AND SANCTIONS. 
(a) CIVIL PENALTIES.— 
(1) Any person who engages in conduct prohibited by any 
provision of this Act (other than subsection S(h)) 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, 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 transporta-
tion, 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 
PUBLIC LAW 97-79—NOV. 16, 1981 
95 STAT. 1075 
or regulation of any State, the penalty assessed shall not exceed 
the maximum provided for violation of said law, treaty, or 
regulation, or $10,000, whichever is less. 
(2) Any person who violates subsection 3(b) 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 Act or to a section of this Act 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 pursu-
ant 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 assess-
ment of civil penalties shall be conducted in accordance with section 
554 of title 5, United States Code. The administrative law judge may Subpenas. 
issue subpenas for the attendance and testimony of witnesses and the 
production of relevant papers, books, or documents, and may admin-
ister 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.—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 simulta-
neously sending a copy of such notice by certified mail to the 
Secretary, 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, United States 
Code. 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 ma^ request the Attorney Gteneral 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 
95 STAT. 1076 
PUBLIC LAW 97-79—NOV. 16, 1981 
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 Act (other than 
subsection 3(b)), or 
(B) violates any provision of this Act (other than subsec-
tion 3(b)) 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 underljdng 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 Act (other than subsection 3(b)) 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. 
(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 
1
6 use 1801 
the Fishery Conservation and Management Act of 1976), 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 Act or any regulation issued hereunder. The Secre-
tary 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. 
16 use 3374. 
SEC. 5. FORFEITURE. 
(a) IN GENERAL.— 
(1) All fish or wildlife or plants imported, exported, trans-
ported, sold, received, acquired, or purchased contrary to the 
provisions of section 3 of this Act (other than subsection 3(b)), 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 prosecu-
tion included in section 4 of this Act. 
(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 
PUBLIC LAW 97-79—NOV. 16, 1981 
95 STAT. 1077 
violation of this Act 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 Act, 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) APPUCATION 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 Act, 
insofar as such provisions of law are applicable and not inconsistent 
with the provisions of this Act; 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 
Act, 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 4 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. 
SEC. 6. ENFORCEMENT. 
16 USC 3375. 
(a) IN GENERAL.—The provisions of this Act 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 agencv or Indian tribe for purposes of enforcing this Act. 
(b) POWERS.—Any person authorized under subsection (a) to enforce 
this Act may carry firearms; may make an arrest without a warrant 
for any felony violation of this Act if he has reasonable grounds to 
believe that the person to be arrested has committed or is committing 
such violation: A-oyidec?, That an arrest for a felony violation of this Warrant. 
Act that is not committed in the presence or view of any such person 
and that involves only the transportation, acquisition, receipt, pur-
chase, 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 Act 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 enforce-
ment of this Act. Any person so authorized, in coordination with the inspection. 
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 
95 STAT. 1078 
PUBLIC LAW 97-79—NOV. 16, 1981 
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 5 of this Act; 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) DISTRICT COURT JURISDICTION.—The several district courts of the 
United States, including the courts enumerated in section 460 of title 
28, United States Code, shall have jurisdiction over any actions 
arising under this Act. The venue provisions of title 18 and title 28 of 
the United States Code shall apply to any actions arising under this 
Act. The judges of the district courts of the United States and the 
United States magistrates 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 
Act and any regulations issued thereunder. 
(d) REWARDS.—Beginning in fiscal year 1983, the Secretary or the 
Secretary of the Treasury shall pay a reward from sums received as 
penalties, fines, or forfeitures of property for any violation of this Act 
or any regulation issued hereunder 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 
Act 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. 
16 use 3376. 
SEC. 7. 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 4 and section 5 of this Act. 
(2) The Secretaries of the Interior and Commerce shall jointly 
promulgate specific regulations to implement the provisions of 
subsection 3(b) of this Act for the marking and labeling of 
containers or packages containing fish or wildlife. These regula-
tions shall be in accordance with existing commercial practices. 
(b) CONTRACT AUTHORITY.—Beginning in fiscal year 1983, to the 
extent and in the amounts provided in advance in appropriations 
Acts, the Secretary may enter into such contracts, leases, cooperative 
agreements, or other transactions with any Federal or State agency, 
Indian tribe, public or private institution, or other person, as may be 
necessary to carry out the purposes of this Act. 
16 use 3377. 
SEC. 8. EXCEPTIONS. 
(a) The provisions of paragraph (1) of subsection 3(a) of this Act 
shall not apply to any activity regulated by a fishery management 
plan in effect under the Fishery Conservation and Management Act 
of 1976 (16 U.S.C. 1801 et seq.). 
PUBLIC LAW 97-79—NOV. 16, 1981 
95 STAT. 1079 
(b) The provisions of paragraphs (1), (2)(A), and (3)(A) of subsection 
3(a) of this Act 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 
16 use 971-
(2) any activity involving the harvesting of highly migratory ^^l*^-
species (as defined in paragraph (14) of section 3 of the Fishery 
Conservation and Management Act of 1976) taken on the high ^^ use 1802. 
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) The provisions of paragraph (2) of subsection 3(a) of this Act 
shall not apply to the interstate shipment or transshipment through 
Indian country as defined in section 1151 of title 18, United States 
Code, 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. 
SEC. 9. MISCELLANEOUS PROVISIONS. 
16 USC 3378. 
(a) EFFECT ON POWERS OF STATES.—Nothing in this Act 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 Act. 
(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 5 of the Act of May 25, 1900 (16 U.S.C. 667e), and 
sections 43 and 44 of title 18, United States Code (commonly 
known as provisions of the Lacey Act). 
(3) Sections 3054 and 3112 of title 18, United States Code. 
(c) DISCLAIMERS.—Nothing in this Act shall be construed as— 
(1) repealing, superseding, or modifying any provision of Fed-
eral law other than those specified in subsection (b); 
(2) repealing, superseding, or modifying any right, privilege, or 
immunity granted, reserved, or established pursuant to treaty, 
statute, or executive order pertaining to any Indian tribe, band, 
or community; or 
(3) enlarging or diminishing the authority of any State or 
Indian tribe to regulate the activities of persons within Indian 
reservations. 
(d) HUMANE SHIPMENT.—Subsection 42(c) of title 18, United States 
Code, is amended by striking "Secretary of the Treasury" and 
inserting in lieu thereof "Secretary of the Interior within one 
hundred and eighty days of the enactment of the Lacey Act Amend-
ments of 1981". 
(e) REWARD.—Subsection 11(d) of the Endangered Species Act of 
1973 (16 U.S.C. 1540) is amended to read as follows: 
"(d) REWARD.—The Secretary or the Secretary of the Treasury 
shall pay a reward from sums received as penalties, fines, or forfeit-
ures of property for any violation of this Act or any regulation issued 
hereunder 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 Act 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 
95 STAT. 1080 
PUBLIC LAW 97-79—NOV. 16, 1981 
Effective date. 
performance of his of&dal duties is ineligible for payment under this 
subsection.". 
1 ^ T To^, r. ^ 
(f) The amendment specified in subsection 9(e) of this Act shall take 
16 use 1540 
effect beginninginfiscal year 1983. 
16 use 3378 
(g) The Secretary of the Interior is authorized to pay from agency 
appropriations the travel expense of newljr appointed special agente 
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 nrst duty station to the extent 
authorized by section 5724 of title 5 for all such special agents 
appointed after January 1,1977. 
(h) The Secretary shall identify the funds utilized to enforce this 
Act and any regulations thereto as a specific appropriations item in 
the Department of the Interior appropriations budget proposal to the 
Congress. 
Approved November 16, 1981. 
LEGISLATIVE HISTORY—S. 736 (H.R. 1638): 
HOUSE REPORT No. 97-276 accompanying H.R. 1638 (eomm. on Merchant Marine 
and Fisheries). 
SENATE REPORT No. 97-123 (Comm. on Environment and Public Works). 
eONGRESSlONAL REOORD, Vol. 127 (1981): 
July 24, considered and pEissed Senate. 
Nov. 4, considered and passed House, in lieu of H.R. 1638.