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16 USC CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE

-CITE-
16 USC CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND
WILDLIFE 01/19/04

-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.
(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.

-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 1861, 4912 of this title;
title 6 section 231.

-End-



-CITE-
16 USC Sec. 3371 01/19/04

-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'."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3372 of this title; title
7 section 1997.

-End-



-CITE-
16 USC Sec. 3372 01/19/04

-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))."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3373, 3374, 3376, 3377,
4912 of this title; title 39 section 3015.

-End-



-CITE-
16 USC Sec. 3373 01/19/04

-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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3374, 3376 of this title.

-End-



-CITE-
16 USC Sec. 3374 01/19/04

-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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3375, 3376 of this title.

-End-



-CITE-
16 USC Sec. 3375 01/19/04

-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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 742l, 1540, 5305a of this
title; title 28 section 524; title 42 section 10601.

-FOOTNOTE-
(!1) So in original. The semicolon probably should be a colon.


-End-



-CITE-
16 USC Sec. 3376 01/19/04

-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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3372 of this title.

-End-



-CITE-
16 USC Sec. 3377 01/19/04

-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 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.

-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.

-End-



-CITE-
16 USC Sec. 3378 01/19/04

-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, (continued)