The Lacey Act

The Lacey Act

These are the pertinent sections of the Lacey Act and changes in bold that need to be added to help end the abuse of big cats.

Title 16 > Chapter 53 U.S.C. § 3371. Definitions

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 “breed” means to facilitate the reproductions of a wildlife species for commercial purposes. (Due to the insertion of this new paragraph b, the following paragraphs must be re-lettered)
(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) 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.

(h) Prohibited Wildlife Species.— The term “prohibited wildlife species” (replaces with bold below this current list:) means any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species.

(1) except as provided in subparagraph (2), means any animal of the family Felidae, including lions, tigers, leopards, jaguars, cougars, cheetahs, caracals, lynxes, bobcats, and servals, and all sup-species and hybrids thereof

(2) does not include any member of the species Felis catus (domestic cat).

(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 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) The term “taken” means captured, killed, or collected.
(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.

 

Title 16 > Chapter 53 U.S.C. § 3372. Prohibited acts

(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

(4) to breed any member of a prohibited wildlife species; or;
(5) 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) and (a)(4) of this section does not apply to importation, exportation, transportation, sale, receipt, acquisition, or purchase of an animal of a prohibited wildlife species, or breeding of a prohibited wildlife species exclusively for the purpose of conservation of the species and not for profit or any other commercial purpose or use, 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 subsections (a)(2)(C) and (a)(4) of this section $3,000,000 for each of fiscal years 2004 through 2008.

How current is this information?  Title 16 of the US Code as currently published by the US Government reflects the laws passed by Congress as of Jan. 8, 2008, and it is this version with suggested language in bold that is published here.

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