16 U.S.C. § 3371

Definitions

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For the purposes of this chapter:(a)Breed.—The term “breed” means to facilitate propagation or reproduction (whether intentionally or negligently), or to fail to prevent propagation or reproduction.(b) 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.(c) 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.(d) 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.(e) 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.(f) 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.(g)Plant.—(1)In general.—The terms “plant” and “plants” mean any wild member of the plant kingdom, including roots, seeds, parts, or products thereof, and including trees from either natural or planted forest stands.(2)Exclusions.—The terms “plant” and “plants” exclude—(A) common cultivars, except trees, and common food crops (including roots, seeds, parts, or products thereof);(B) a scientific specimen of plant genetic material (including roots, seeds, germplasm, parts, or products thereof) that is to be used only for laboratory or field research; and(C) any plant that is to remain planted or to be planted or replanted.(3)Exceptions to application of exclusions.—The exclusions made by subparagraphs (B) and (C) of paragraph (2) do not apply if the plant is listed—(A) in an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249);(B) as an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or(C) pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction.(h)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.(i) 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 also means the Secretary of Agriculture.(j) 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.(k)Taken and Taking.—(1)Taken.—The term “taken” means captured, killed, or collected and, with respect to a plant, also means harvested, cut, logged, or removed.(2)Taking.—The term “taking” means the act by which fish, wildlife, or plants are taken.(l) The term “transport” means to move, convey, carry, or ship by any means, or to deliver or receive for the purpose of movement, conveyance, carriage, or shipment.(Pub. L. 97–79, § 2, Nov. 16, 1981, 95 Stat. 1073; Pub. L. 108–191, § 2, Dec. 19, 2003, 117 Stat. 2871; Pub. L. 110–234, title VIII, § 8204(a), May 22, 2008, 122 Stat. 1291; Pub. L. 110–246, § 4(a), title VIII, § 8204(a), June 18, 2008, 122 Stat. 1664, 2052; Pub. L. 117–243, § 2(a), Dec. 20, 2022, 136 Stat. 2336.)Editorial NotesReferences in Text

This chapter, referred to in the provision preceding subsec. (a) and in subsec. (i), was in the original “this Act” and “the Act”, meaning Pub. L. 97–79, Nov. 16, 1981, 95 Stat. 1073, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.

The Endangered Species Act of 1973, referred to in subsec. (g)(3)(B), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.

Reorganization Plan No. 4 of 1970 (84 Stat. 2090), referred to in subsec. (i), is set out in the Appendix to Title 5, Government Organization and Employees.

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2022—Subsecs. (a) to (l). Pub. L. 117–243 added subsec. (a) and redesignated former subsecs. (a) to (k) as (b) to (l), respectively.

2008—Subsec. (f). Pub. L. 110–246, § 8204(a)(1), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “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.”

Subsec. (h). Pub. L. 110–246, § 8204(a)(2), substituted “plants, the term also means” for “plants the term means”.

Subsec. (j). Pub. L. 110–246, § 8204(a)(3), amended subsec. (j) generally. Prior to amendment, subsec. (j) read as follows: “The term ‘taken’ means captured, killed, or collected.”

2003—Subsecs. (g) to (k). Pub. L. 108–191 added subsec. (g) and redesignated former subsecs. (g) to (j) as (h) to (k), respectively.

Statutory Notes and Related SubsidiariesEffective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Short Title of 2022 Amendment

Pub. L. 117–243, § 1, Dec. 20, 2022, 136 Stat. 2336, provided that: “This Act [amending this section, sections 3372 to 3374 and 3376 of this title, and section 1997 of Title 7, Agriculture] may be cited as the ‘Big Cat Public Safety Act’.”

Short Title of 2003 Amendment

Pub. L. 108–191, § 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

Pub. L. 97–79, § 1, Nov. 16, 1981, 95 Stat. 1073, 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’.”

Notes of Decisions

Cited in 53 cases (2 in the last 5 years), 1983–2023 · leading case: New Mexico v. Mescalero Apache Tribe, 462 U.S. 324 (1983).

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New Mexico v. Mescalero Apache Tribe, 462 U.S. 324 (1983). · cites it 2× “Y), further accord tribal hunting and fishing regulations the force of federal law by making it a federal offense “to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife .”

United States v. William R. Kapp, 419 F.3d 666 (7th Cir. 2005). · cites it 2× “§§ 1538 and 1540, and with multiple violations of the Lacey Act, 16 U.S.C. § 3371 . Specifically, Kapp was charged with having violated the ESA by knowingly and without permission (1) killing endangered tigers and leopards within the United States (counts 2, 7, 17, and 25), (2)…”

United States v. Labs of Virginia, Inc., 272 F. Supp. 2d 764 (N.D. Ill. 2003). · cites it 2× “The Lacey Act, 16 U.S.C. § 3371 et seq., is one of the statutes governing the importation of species covered by CITES into the United States.”

United States v. David Sohappy, Sr., United States of Am. v. David Sohappy, Sr., 770 F.2d 816 (9th Cir. 1985). “See 16 U.S.C. § 3371 (c). Defendants argue that the government failed to prove that the tribal law violations occurred in Indian country.”

United States v. Edward A. Thomas, 887 F.2d 1341 (9th Cir. 1989). “Thomas, a Montana hunting guide and outfitter, may be found guilty by jury of two counts of conspiracy to violate the Lacey Act, 16 U.S.C. §§ 3371 et seq. The alleged object of the conspiracy was “to transport, receive and acquire elk in interstate commerce .”

United States v. Bengis, 631 F.3d 33 (2d Cir. 2011). “16 U.S.C. § 3371 (a). 2 . OLRAC Method I also included an additional cost measure, "overharvesting costs,” which measured the costs incurred by Hout Bay's competitors as a result of Hout Bay’s overharvesting.”

United States v. 3,210 Crusted Sides of Caiman Crocodilus Yacare, 636 F. Supp. 1281 (S.D. Fla. 1986). · cites it 2× “” 16 U.S.C. § 3371 (b). The court finds that there is probable cause to believe that the defendant hides were imported into the United States, within the meaning of 16 U.”

United States v. Larry Weldon Todd & James Clyde Short, Jr., 735 F.2d 146 (5th Cir. 1984). “§ 43 , amended by 16 U.S.C. §§ 3371 , 3372, 3373 (Supp. V 1981).”

United States v. Dewey Brown, Paul Henry Kidd, Movant-Appellant, 72 F.3d 25 (5th Cir. 1995). “Dewey Brown was convicted after a jury trial on three counts of violating the Lacey Act, 16 U.S.C. §§ 3371 et seq. 2 . In the memorandum ruling, the district court also referenced its inherent power to sanction in addition to its power to sanction for violation of professional…”

United States v. 594,464 Pounds of Salmon, More or Less, Appeal of Union, Inc., 871 F.2d 824 (9th Cir. 1989). “O’SCANNLAIN, Circuit Judge: We are asked to decide whether a determination by the Board of Foreign Trade of the Republic of China (Taiwan) prohibiting export of salmon without a permit constitutes “foreign law” within the meaning of the Lacey Act, 16 U.S.C. § 3371 et seq.…”

United States v. Laboy-Torres, 553 F.3d 715 (3rd Cir. 2009). “§ 1171 (b) (transportation oí gambling devices); 16 U.S.C. § 3371 (h) (transportation of illegally taken wildlife); 18 U.”

United States v. Sandia, 188 F.3d 1215 (10th Cir. 1999). “§ 668 , and *1217 the Lacey Act, 16 U.S.C. § 3371 et seq. Mr. Sandia moved to dismiss the indictment based on his free exercise rights under the Religious Freedom Restoration Act (“RFRA”), 42 U.”

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