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US Lacey Act (16 USC ch 53): Prohibition on Trafficking in Illegally Taken Fish, Wildlife and Plants

The Lacey Act, as amended and codified at 16 U.S.C. Chapter 53 (sections 3371-3378), is the principal US statute combating trafficking in illegally taken…

What US Lacey Act (16 USC ch 53): Prohibition on Trafficking in Illegally Taken Fish, Wildlife and Plants requires

The Lacey Act, as amended and codified at 16 U.S.C. Chapter 53 (sections 3371-3378), is the principal US statute combating trafficking in illegally taken fish, wildlife and plants, enforced by the US Fish and Wildlife Service, NOAA Fisheries and (for plants) the USDA Animal and Plant Health Inspection Service. Section 3371 defines the regulated terms, including 'fish or wildlife', 'plant', and 'taken'. Section 3372 sets the prohibited acts: it is unlawful for any person 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 (section 3372(a)(1)); to import, export, transport, sell, receive, acquire or purchase in interstate or foreign commerce any fish or wildlife taken in violation of any State or foreign law, or any plant taken in violation of law or without required authorization or payment of required fees (section 3372(a)(2)); and, under section 3372(d), to make or submit any false record, account or label for, or any false identification of, fish, wildlife or plants that have been or are intended to be imported, exported, transported, sold, purchased or received. Section 3372(f) requires an import declaration for plants and plant products. Section 3373 sets the penalties: a civil penalty of not more than $10,000 for each violation; a criminal felony punishable by a fine of not more than $20,000 or imprisonment of not more than five years, or both, for a knowing violation involving import or export or a sale or purchase of fish, wildlife or plants with a market value in excess of $350; and a criminal misdemeanor punishable by a fine of not more than $10,000 or imprisonment of not more than one year, or both, where the violator in the exercise of due care should have known of the underlying violation. Section 3374 provides for forfeiture of the fish, wildlife or plants and of vessels, vehicles and equipment used, and section 3375 sets out enforcement authority. Penalty figures are subject to inflation adjustment by regulation.

Pillar: Water & Environmental Resources · Authority: US Congress / US Fish and Wildlife Service, NOAA Fisheries and USDA APHIS · Version: 1.0.0 · Last updated:

Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title16/html/USCODE-2022-title16-chap53.htm

SHA-256 integrity: 960e7b3ca5662f7767bb727305fd4caced2f14b282ba51608d38b7c27a05e92d

Primary Citations — 8 traced to source

  • Lacey Act, 16 U.S.C. 3371 - definitions of fish or wildlife, plant and taken.
  • Lacey Act, 16 U.S.C. 3372(a) - prohibited acts (trafficking in fish, wildlife or plants taken in violation of US, tribal, State or foreign law).

+ 6 more citations (full bibliography, deterministic workflow, actionable schema and crosswalks) included in the vault unlock — $0.01 via Skyfire / L402 / Direct Base USDC.

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