§ 3372. Prohibited acts

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1981

   Lacey Act Amendments of 1981

   Pub. L. 97–79 § 3 · 95 Stat. 1073

   Enacted · 16 U.S.C. § 3372

   Pub. L. 97–79, § 3, Nov. 16, 1981, 95 Stat. 1074

   Source evidence

   Code source credit
   Pub. L. 97–79, § 3, Nov. 16, 1981, 95 Stat. 1074

   Enacted provision · exact public law section
   SEC. 3. 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 or possessed 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, or (B) any plant taken, possessed, transported, or sold in violation of any law or regulation of any State; (3) within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18, United States Code)— (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) 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; or (5) to attempt to commit any act described in paragraphs (1) through (4). (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 subsection 7(a) of this Act.

2. 1988

   Pub. L. 100–653 § 101(1) · 102 Stat. 3825

   Substituted · 16 U.S.C. § 3372(a)(1)

   Pub. L. 100–653, § 101(1), substituted “taken, possessed, transported, or sold” for “taken or possessed”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 100–653, § 101(1), substituted “taken, possessed, transported, or sold” for “taken or possessed”.

   Enacted provision · exact public law section
   (1) in subsection (a)(1) (16 U.S.C. 3372(a)(1)) by striking “taken or possessed” and inserting in lieu thereof “taken, possessed, transported, or sold”;

3. 1988

   Pub. L. 100–653 § 101(2) · 102 Stat. 3825

   1. Redesignated · 16 U.S.C. § 3372(a)(4); 16 U.S.C. § 3372(a)(5)

      Pub. L. 100–653, § 101(2), redesignated par. (5) as (4)

   2. Struck · 16 U.S.C. § 3372(a)(4); 16 U.S.C. § 3372(a)(5)

      Pub. L. 100–653, § 101(2), 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

   Source evidence

   Code amendment note
   Subsec. (a)(4), (5). Pub. L. 100–653, § 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.

   Enacted provision · exact public law section
   (2) by striking subsection (a)(4) (16 U.S.C. 3372(a)(4)) and redesignating subsection (a)(5) as subsection (a)(4); and

4. 1988

   Pub. L. 100–653 § 101(3) · 102 Stat. 3825

   Added · 16 U.S.C. § 3372(c); 16 U.S.C. § 3372(d)

   Pub. L. 100–653, § 101(3), added subsecs. (c) and (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 100–653, § 101(3), added subsecs. (c) and (d).

   Enacted provision · exact public law section
   (3) by adding at the end thereof the following: “(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 Hunting. violation of this Act 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 Act 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 Imports. Exports. Commerce and trade. Plants. 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.”.

5. 2003

   Captive Wildlife Safety Act

   Pub. L. 108–191 § 3(a)(1)(A) · 117 Stat. 2871

   Added · 16 U.S.C. § 3372(a)(2)(C)

   Pub. L. 108–191, § 3(a)(1)(A), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (a)(2)(C). Pub. L. 108–191, § 3(a)(1)(A), added subpar. (C).

   Enacted provision · exact public law section
   (A) in paragraph (2)— (i) in subparagraph (A), by striking “, or” at the end and inserting a semicolon; (ii) in subparagraph (B), by inserting “or” after the semicolon at the end; and (iii) by adding at the end the following: “(C) any prohibited wildlife species (subject to subsection (e));” ;

6. 2003

   Captive Wildlife Safety Act

   Pub. L. 108–191 § 3(a)(1)(B) · 117 Stat. 2871

   Inserted · 16 U.S.C. § 3372(a)(3)(B)

   Pub. L. 108–191, § 3(a)(1)(B), inserted “or” after semicolon at end

   Source evidence

   Code amendment note
   Subsec. (a)(3)(B). Pub. L. 108–191, § 3(a)(1)(B), inserted “or” after semicolon at end.

   Enacted provision · exact public law section
   (B) in paragraph (3)(B), by inserting “or” after the semicolon at the end; and

7. 2003

   Captive Wildlife Safety Act

   Pub. L. 108–191 § 3(a)(1)(C) · 117 Stat. 2871

   Substituted · 16 U.S.C. § 3372(a)(4)

   Pub. L. 108–191, § 3(a)(1)(C), substituted “paragraphs (1) through (3)” for “paragraphs (1) through (4)”

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 108–191, § 3(a)(1)(C), substituted “paragraphs (1) through (3)” for “paragraphs (1) through (4)”.

   Enacted provision · exact public law section
   (C) in paragraph (4), by striking “paragraphs (1) through (4)” and inserting “paragraphs (1) through (3)”; and

8. 2003

   Captive Wildlife Safety Act

   Pub. L. 108–191 § 3(a)(2) · 117 Stat. 2871

   Added · 16 U.S.C. § 3372(e)

   Pub. L. 108–191, § 3(a)(2), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 108–191, § 3(a)(2), added subsec. (e).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(e) Nonapplicability of Prohibited Wildlife Species Offense.— “(1) In general.— Subsection (a)(2)(C) 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 the Internal Revenue Code 1986 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such Code; “(ii) does not commercially trade in animals listed in section 2(g), including offspring, parts, and byproducts of such animals; “(iii) does not propagate animals listed in section 2(g); 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 Deadline. later than 180 days after the date of enactment of this subsection, 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) $3,000,000 for each of fiscal years 2004 through 2008.” .

9. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 8204(b)(1)(A) · 122 Stat. 1651

   1. Added · 16 U.S.C. § 3372(a)(2)(B)

      Pub. L. 110–246, § 8204(b)(1)(A), added subpar. (B)

   2. Struck · 16 U.S.C. § 3372(a)(2)(B)

      Pub. L. 110–246, § 8204(b)(1)(A), struck out former subpar. (B) which read as follows: “any plant taken, possessed, transported, or sold in violation of any law or regulation of any State; or”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(B). Pub. L. 110–246, § 8204(b)(1)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: “any plant taken, possessed, transported, or sold in violation of any law or regulation of any State; or”.

   Enacted provision · exact public law section
   (A) in paragraph (2), by striking subparagraph (B) and inserting the following new subparagraph: “(B) any plant— “(i) taken, possessed, transported, or sold in violation of any law or regulation of any State, or any foreign law, that protects plants or that regulates— “(I) the theft of plants; “(II) the taking of plants from a park, forest reserve, or other officially protected area; “(III) the taking of plants from an officially designated area; or “(IV) the taking of plants without, or contrary to, required authorization; “(ii) taken, possessed, transported, or sold without the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any State or any foreign law; or “(iii) taken, possessed, transported, or sold in violation of any limitation under any law or regulation of any State, or under any foreign law, governing the export or transshipment of plants; or” ; and

   Effective date note
   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.

10. 2008

    Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 8204(b)(1)(B) · 122 Stat. 1651

    1. Added · 16 U.S.C. § 3372(a)(3)(B)

       Pub. L. 110–246, § 8204(b)(1)(B), added subpar. (B)

    2. Struck · 16 U.S.C. § 3372(a)(3)(B)

       Pub. L. 110–246, § 8204(b)(1)(B), struck out former subpar. (B) which read as follows: “to possess any plant taken, possessed, transported, or sold in violation of any law or regulation of any State; or”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B). Pub. L. 110–246, § 8204(b)(1)(B), added subpar. (B) and struck out former subpar. (B) which read as follows: “to possess any plant taken, possessed, transported, or sold in violation of any law or regulation of any State; or”.

    Enacted provision · exact public law section
    (B) in paragraph (3), by striking subparagraph (B) and inserting the following subparagraph: “(B) to possess any plant— “(i) taken, possessed, transported, or sold in violation of any law or regulation of any State, or any foreign law, that protects plants or that regulates— “(I) the theft of plants; “(II) the taking of plants from a park, forest reserve, or other officially protected area; “(III) the taking of plants from an officially designated area; or “(IV) the taking of plants without, or contrary to, required authorization; “(ii) taken, possessed, transported, or sold without the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any State or any foreign law; or “(iii) taken, possessed, transported, or sold in violation of any limitation under any law or regulation of any State, or under any foreign law, governing the export or transshipment of plants; or” .

    Effective date note
    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.

11. 2008

    Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 8204(b)(2) · 122 Stat. 1651

    Added · 16 U.S.C. § 3372(f)

    Pub. L. 110–246, § 8204(b)(2), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 110–246, § 8204(b)(2), added subsec. (f).

    Enacted provision · exact public law section
    (2) Plant declarations.— Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended by adding at the end the following new subsection: “(f) Plant Declarations.— “(1) Import declaration.— Effective 180 days from the date of enactment of this subsection, and except as provided in paragraph (3), it shall be unlawful for any person to import any plant unless the person files upon importation a declaration that contains— “(A) the scientific name of any plant (including the genus and species of the plant) contained in the importation; “(B) a description of— “(i) the value of the importation; and “(ii) the quantity, including the unit of measure, of the plant; and “(C) the name of the country from which the plant was taken. “(2) Declaration relating to plant products.— Until the date on which the Secretary promulgates a regulation under paragraph (6), a declaration relating to a plant product shall— “(A) in the case in which the species of plant used to produce the plant product that is the subject of the importation varies, and the species used to produce the plant product is unknown, contain the name of each species of plant that may have been used to produce the plant product; “(B) in the case in which the species of plant used to produce the plant product that is the subject of the importation is commonly taken from more than one country, and the country from which the plant was taken and used to produce the plant product is unknown, contain the name of each country from which the plant may have been taken; and “(C) in the case in which a paper or paperboard plant product includes recycled plant product, contain the average percent recycled content without regard for the species or country of origin of the recycled plant product, in addition to the information for the non-recycled plant content otherwise required by this subsection. “(3) Exclusions.— Paragraphs (1) and (2) shall not apply to plants used exclusively as packaging material to support, protect, or carry another item, unless the packaging material itself is the item being imported. “(4) Review.— Not later than two years after the date of enactment of this subsection, the Secretary shall review the implementation of each requirement imposed by paragraphs (1) and (2) and the effect of the exclusion provided by paragraph (3). In conducting the review, the Secretary shall provide public notice and an opportunity for comment. “(5) Report.— Not later than 180 days after the date on which the Secretary completes the review under paragraph (4), the Secretary shall submit to the appropriate committees of Congress a report containing— “(A) an evaluation of— “(i) the effectiveness of each type of information required under paragraphs (1) and (2) in assisting enforcement of this section; and “(ii) the potential to harmonize each requirement imposed by paragraphs (1) and (2) with other applicable import regulations in existence as of the date of the report; “(B) recommendations for such legislation as the Secretary determines to be appropriate to assist in the identification of plants that are imported into the United States in violation of this section; and “(C) an analysis of the effect of subsection (a) and this subsection on— “(i) the cost of legal plant imports; and “(ii) the extent and methodology of illegal logging practices and trafficking. “(6) Promulgation of regulations.— Not later than 180 days after the date on which the Secretary completes the review under paragraph (4), the Secretary may promulgate regulations— “(A) to limit the applicability of any requirement imposed by paragraph (2) to specific plant products; “(B) to make any other necessary modification to any requirement imposed by paragraph (2), as determined by the Secretary based on the review; and “(C) to limit the scope of the exclusion provided by paragraph (3), if the limitations in scope are warranted as a result of the review.” .

    Effective date note
    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.

12. 2022

    Big Cat Public Safety Act

    Pub. L. 117–243 § 3(1)(A) · 136 Stat. 2336

    Struck · 16 U.S.C. § 3372(a)(2)(C)

    Pub. L. 117–243, § 3(1)(A), struck out subpar. (C) which read as follows: “any prohibited wildlife species (subject to subsection (e));”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C). Pub. L. 117–243, § 3(1)(A), struck out subpar. (C) which read as follows: “any prohibited wildlife species (subject to subsection (e));”.

    Enacted provision · exact public law section
    (A) in paragraph (2)— (i) in subparagraph (A), by striking the semicolon at the end and inserting “; or”; (ii) in subparagraph (B)(iii), by striking “; or” and inserting a semicolon; and (iii) by striking subparagraph (C); and

13. 2022

    Big Cat Public Safety Act

    Pub. L. 117–243 § 3(1)(B) · 136 Stat. 2336

    Substituted · 16 U.S.C. § 3372(a)(4)

    Pub. L. 117–243, § 3(1)(B), substituted “(1) through (3) or subsection (e)” for “(1) through (3)”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 117–243, § 3(1)(B), substituted “(1) through (3) or subsection (e)” for “(1) through (3)”.

    Enacted provision · exact public law section
    (B) in paragraph (4), by striking “(1) through (3)” and inserting “(1) through (3) or subsection (e)”; and

14. 2022

    Big Cat Public Safety Act

    Pub. L. 117–243 § 3(2) · 136 Stat. 2336

    Amended · 16 U.S.C. § 3372(e)

    Pub. L. 117–243, § 3(2), amended subsec. (e) generally. Prior to amendment, subsec. (e) related to nonapplicability of prohibited wildlife species offense

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 117–243, § 3(2), amended subsec. (e) generally. Prior to amendment, subsec. (e) related to nonapplicability of prohibited wildlife species offense.

    Enacted provision · exact public law section
    (2) by amending subsection (e) to read as follows: “(e) Captive Wildlife Offense.— “(1) In general.— Except as provided in paragraph (2), it is unlawful for any person to— “(A) import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce; or “(B) breed or possess; any prohibited wildlife species. “(2) Limitation on application.— Paragraph (1) does not apply to— “(A) an entity exhibiting animals to the public under a Class C license from the Department of Agriculture, or a Federal facility registered with the Department of Agriculture that exhibits animals, if such entity or facility holds such license or registration in good standing and if the entity or facility— “(i) does not allow any individual to come into direct physical contact with a prohibited wildlife species, unless that individual is— “(I) a trained professional employee or contractor of the entity or facility (or an accompanying employee receiving professional training); “(II) a licensed veterinarian (or a veterinary student accompanying such a veterinarian); or “(III) directly supporting conservation programs of the entity or facility, the contact is not in the course of commercial activity (which may be evidenced by advertisement or promotion of such activity or other relevant evidence), and the contact is incidental to humane husbandry conducted pursuant to a species-specific, publicly available, peer-edited population management and care plan that has been provided to the Secretary with justifications that the plan— “(aa) reflects established conservation science principles; “(bb) incorporates genetic and demographic analysis of a multi-institution population of animals covered by the plan; and “(cc) promotes animal welfare by ensuring that the frequency of breeding is appropriate for the species; and “(ii) ensures that during public exhibition of a lion (Panthera leo), tiger (Panthera tigris), leopard (Panthera pardus), snow leopard (Uncia uncia), jaguar (Panthera onca), cougar (Puma concolor), or any hybrid thereof, the animal is at least 15 feet from members of the public unless there is a permanent barrier sufficient to prevent public contact; “(B) a State college, university, or agency, or a State-licensed veterinarian; “(C) a wildlife sanctuary that cares for prohibited wildlife species, and— “(i) is a corporation that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such Code; “(ii) does not commercially trade in any prohibited wildlife species, including offspring, parts, and byproducts of such animals; “(iii) does not breed any prohibited wildlife species; “(iv) does not allow direct contact between the public and any prohibited wildlife species; and “(v) does not allow the transportation and display of any prohibited wildlife species off-site; “(D) has custody of any prohibited wildlife species solely for the purpose of expeditiously transporting the prohibited wildlife species to a person described in this paragraph with respect to the species; or “(E) an entity or individual that is in possession of any prohibited wildlife species that was born before the date of the enactment of the Big Cat Public Safety Act, and— “(i) not later than 180 days after the date of the enactment of the such Act, the entity or individual registers each individual animal of each prohibited wildlife species possessed by the entity or individual with the United States Fish and Wildlife Service; “(ii) does not breed, acquire, or sell any prohibited wildlife species after the date of the enactment of such Act; and “(iii) does not allow direct contact between the public and prohibited wildlife species.” .

17 of 17 references resolved to an enrolled provision