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Title 16 — Conservation

Chapter 53 — Control of Illegally Taken Fish and Wildlife

§ 3376. Administration

Statutory text

(a)

Regulations

(1)

The Secretary, after consultation with the Secretary of the Treasury, is authorized to issue such regulations, except as provided in paragraph (2), as may be necessary to carry out the provisions of sections 3372(f), 3373, and 3374 of this title.

(2)

The Secretaries of the Interior and Commerce shall jointly promulgate specific regulations to implement the provisions of section 3372(b) of this title for the marking and labeling of containers or packages containing fish or wildlife. These regulations shall be in accordance with existing commercial practices.

(3)

The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate any regulations necessary to implement section 3372(e) of this title.

(b)

Contract authority

Beginning in fiscal year 1983, to the extent and in the amounts provided in advance in appropriations Acts, the Secretary may enter into such contracts, leases, cooperative agreements, or other transactions with any Federal or State agency, Indian tribe, public or private institution, or other person, as may be necessary to carry out the purposes of this chapter.

(c)

Clarification of exclusions from definition of plant

The Secretary of Agriculture and the Secretary of the Interior, after consultation with the appropriate agencies, shall jointly promulgate regulations to define the terms used in section 3371(g)(2)(A) of this title for the purposes of enforcement under this chapter.

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. Lacey Act Amendments of 1981

    Pub. L. 97–79 § 7 · 95 Stat. 1073

    Enacted · 16 U.S.C. § 3376

    Pub. L. 97–79, § 7, Nov. 16, 1981, 95 Stat. 1078

    Source evidence

    Code source credit
    Pub. L. 97–79, § 7, Nov. 16, 1981, 95 Stat. 1078

    Enacted provision · exact public law section
    SEC. 7. ADMINISTRATION. (a) Regulations.— (1) The Secretary, after consultation with the Secretary of the Treasury, is authorized to issue such regulations, except as provided in paragraph (2), as may be necessary to carry out the provisions of section 4 and section 5 of this Act. (2) The Secretaries of the Interior and Commerce shall jointly promulgate specific regulations to implement the provisions of subsection 3(b) of this Act for the marking and labeling of containers or packages containing fish or wildlife. These regulations shall be in accordance with existing commercial practices. (b) Contract Authority.— Beginning in fiscal year 1983, to the extent and in the amounts provided in advance in appropriations Acts, the Secretary may enter into such contracts, leases, cooperative agreements, or other transactions with any Federal or State agency, Indian tribe, public or private institution, or other person, as may be necessary to carry out the purposes of this Act.

  2. Food, Conservation, and Energy Act of 2008

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

    Substituted · 16 U.S.C. § 3376(a)(1)

    Pub. L. 110–246, § 8204(e)(1), substituted “sections 3372(f), 3373, and 3374” for “section 3373 and section 3374”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 110–246, § 8204(e)(1), substituted “sections 3372(f), 3373, and 3374” for “section 3373 and section 3374”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1), by striking “section 4 and section” and inserting “sections 3(f), 4, and”; 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.

  3. Food, Conservation, and Energy Act of 2008

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

    Added · 16 U.S.C. § 3376(c)

    Pub. L. 110–246, § 8204(e)(2), added subsec. (c)

    Source evidence

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

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsection: “(c) Clarification of Exclusions From Definition of Plant.— The Secretary of Agriculture and the Secretary of the Interior, after consultation with the appropriate agencies, shall jointly promulgate regulations to define the terms used in section 2(f)(2)(A) for the purposes of enforcement under this Act.” .

    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.

  4. Big Cat Public Safety Act

    Pub. L. 117–243 § 6 · 136 Stat. 2336

    Added · 16 U.S.C. § 3376(a)(3)

    Pub. L. 117–243, § 6, added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 117–243, § 6, added par. (3).

    Enacted provision · exact public law section
    SEC. 6. ADMINISTRATION.   Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) is amended by adding at the end the following: “(3) The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate any regulations necessary to implement section 3(e).” .

  5. Big Cat Public Safety Act

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

    Substituted · 16 U.S.C. § 3376(c)

    Pub. L. 117–243, § 2(b)(2), substituted “section 3371(g)(2)(A)” for “section 3371(f)(2)(A)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 117–243, § 2(b)(2), substituted “section 3371(g)(2)(A)” for “section 3371(f)(2)(A)”.

    Enacted provision · exact public law section
    (2) Lacey act amendments of 1981.— Section 7(c) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(c)) is amended by striking “section 2(f)(2)(A)” and inserting “section 2(g)(2)(A)”.

5 of 5 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in subsecs. (b) and (c), was in the original “this Act”, meaning Pub. L. 97–79, , 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 under section 3371 of this title and Tables.

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.

Amendments2008–2022 · 2 rounds

2022

Subsec. (a)(3). Pub. L. 117–243, § 6, added par. (3).

Subsec. (c). Pub. L. 117–243, § 2(b)(2), substituted “section 3371(g)(2)(A)” for “section 3371(f)(2)(A)”.

2008

Subsec. (a)(1). Pub. L. 110–246, § 8204(e)(1), substituted “sections 3372(f), 3373, and 3374” for “section 3373 and section 3374”.

Subsec. (c). Pub. L. 110–246, § 8204(e)(2), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , 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.

Transfer of Functions

For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.

Credits

1981–2022 · 4 acts
  1. 1981Pub. L. 97–79, § 7, , 95 Stat. 1078
  2. 2008Pub. L. 110–234, title VIII, § 8204(e), , 122 Stat. 1294
  3. 2008Pub. L. 110–246, § 4(a), title VIII, § 8204(e), , 122 Stat. 1664, 2056
  4. 2022Pub. L. 117–243, §§ 2(b)(2), 6, , 136 Stat. 2336, 2338.
Show as published

(Pub. L. 97–79, § 7, , 95 Stat. 1078; Pub. L. 110–234, title VIII, § 8204(e), , 122 Stat. 1294; Pub. L. 110–246, § 4(a), title VIII, § 8204(e), , 122 Stat. 1664, 2056; Pub. L. 117–243, §§ 2(b)(2), 6, , 136 Stat. 2336, 2338.)

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USLM identifier /us/usc/t16/s3376