Public Law 86–702

That sections 42(a) and 42(b), title 18, United States Code, are amended to read as follows:

63 Stat. 89.

Ҥ 42. Importation or shipment of injurious mammals, birds, fish (including mollusks and Crustacea), amphibia, and reptiles; permits, specimens for museums; regulations

“(a)“(a)

(1)(1)

The importation into the United States, any territory of

Importation of injurious mammals, etc.

the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States, or any shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States, of the mongoose of the species Herpestes auropunctatus; of the species of so-called ‘flying foxes’ or fruit bats of the genus Pteropus; and such other species of wild mammals, wild birds, fish (including mollusks and Crustacea), amphibians, reptiles, or the offspring or eggs of any of the foregoing which the Secretary of the Interior may prescribe by regulation to be injurious to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States, is hereby prohibited. All such prohibited mammals, birds, fish (including mollusks and Crustacea), amphibians, and reptiles, and the eggs or offspring therefrom, shall be promptly exported or destroyed at the expense of the importer or consignee. Nothing in this section shall be construed to

58 Stat. 682.

42 USC 201 note.

52 Stat. 1040.

21 USC 301.

71 Stat. 31.

7 USC 150aa note.

repeal or modify any provision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act. Also, this section shall not authorize any action with respect to the importation of any plant pest as defined in the Federal Plant Pest Act, insofar as such importation is subject to regulation under that Act.

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“(2)“(2)

As used in this subsection, the term ‘wild’ relates to any creatures that, whether or not raised in captivity, normally are found in a wild state; and the terms ‘wildlife’ and ‘wildlife resources’ include those resources that comprise wild mammals, wild birds, fish (including mollusks and Crustacea), and all other classes of wild creatures whatsoever, and all types of aquatic and land vegetation upon which such wildlife resources are dependent.

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“(3)“(3)

Notwithstanding the foregoing, the Secretary of the Interior, when he finds that there has been a proper showing of responsibility and continued protection of the public interest and health, shall permit the importation for zoological, educational, medical, and scientific purposes of any mammals, birds, fish (including mollusks and Crustacea), amphibia, and reptiles, or the offspring or eggs thereof, where such importation would be prohibited otherwise by or pursuant to this Act, and this Act shall not restrict importations by Federal agencies for their own use.

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“(4)“(4)

Nothing in this subsection shall restrict the importation of dead natural-history specimens for museums or for scientific collections, or the importation of domesticated canaries, parrots (including all other species of psittacine birds), or such other cage birds as the Secretary of the Interior may designate.

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“(5)“(5)

The Secretary of the Treasury and the Secretary of the Interior shall enforce the provisions of this subsection, including any regulations issued hereunder, and, if requested by the Secretary of the Interior, the Secretary of the Treasury may require the furnishing of an appropriate bond when desirable to insure compliance with such provisions.

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“(b)“(b)

Whoever violates this section, or any regulation issued pursuant thereto, shall be fined not more than $500 or imprisoned not more than six months, or both.”

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Sec. 2.

That the first four paragraphs of section 43, title 18, United States Code, are amended to read as follows:

Ҥ43. Transportation of wildlife taken in violation of State, National, or foreign laws; receipt; making false records

Transportation of wildlife in violation of laws.

“Whoever delivers, carries, transports, ships, by any means whatever, or knowingly receives for shipment, to or from any State, territory, the District of Columbia, the Commonwealth of Puerto Rico, any possession of the United States, or any foreign country, any wild mammal or bird of any kind, or the dead body or parts thereof, or the offspring or eggs therefrom, as the case may be, which was captured, killed, taken, purchased, sold, or otherwise possessed or transported in any manner contrary to any Act of Congress or regulation issued pursuant thereto or contrary to the laws or regulations of any State, territory, the District of Columbia, the Commonwealth of Puerto Rico, possession of the United States, or foreign country; or

“Whoever receives, acquires, or purchases, knowingly, any such wild mammal or bird of any kind or the dead body or parts thereof, or the offspring or eggs therefrom, which was so transported, delivered, carried, or shipped by any means whatsoever, as aforesaid; or

“Whoever, having acquired any of the foregoing properties which was so transported, delivered, carried, or shipped by any means whatever, as aforesaid, makes any false record, account, label or identification thereof; or”.

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