Conviction Report for All Agencies in the Latest Month (9 in July 2009)

Conviction Report for All Agencies in Current Fiscal Year (est. 98 in FY 2009)

Geographic Distribution of Convictions for All Agencies, FY 2009

CITE

    16 USC Sec. 3372                                            01/08/2008

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE

HEAD

    Sec. 3372. Prohibited acts

STATUTE

    (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; or
        (4) 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) of this section 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 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 subsection
      (a)(2)(C) of this section $3,000,000 for each of fiscal years
      2004 through 2008.

SOURCE

    (Pub. L. 97-79, Sec. 3, Nov. 16, 1981, 95 Stat. 1074; Pub. L. 100-
    653, title I, Sec. 101, Nov. 14, 1988, 102 Stat. 3825; Pub. L. 108-
    191, Sec. 3(a), Dec. 19, 2003, 117 Stat. 2871.)

AMENDMENTS

      2003 - Subsec. (a)(2)(C). Pub. L. 108-191, Sec. 3(a)(1)(A), added
    subpar. (C).
      Subsec. (a)(3)(B). Pub. L. 108-191, Sec. 3(a)(1)(B), inserted
    "or" after semicolon at end.
      Subsec. (a)(4). Pub. L. 108-191, Sec. 3(a)(1)(C), substituted
    "paragraphs (1) through (3)" for "paragraphs (1) through (4)".
      Subsec. (e). Pub. L. 108-191, Sec. 3(a)(2), added subsec. (e).
      1988 - Subsec. (a)(1). Pub. L. 100-653, Sec. 101(1), substituted
    "taken, possessed, transported, or sold" for "taken or possessed".
      Subsec. (a)(4), (5). Pub. L. 100-653, Sec. 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.
      Subsecs. (c), (d). Pub. L. 100-653, Sec. 101(3), added subsecs.
    (c) and (d).
                     EFFECTIVE DATE OF 2003 AMENDMENT
      Pub. L. 108-191, Sec. 3(b), Dec. 19, 2003, 117 Stat. 2872,
    provided that: "Section 3(a)(2)(C) of the Lacey Act Amendments of
    1981 [16 U.S.C. 3372(a)(2)(C)] (as added by subsection
    (a)(1)(A)(iii)) shall apply beginning on the effective date of
    regulations promulgated under section 3(e)(3) of that Act [16
    U.S.C. 3372(e)(3)] (as added by subsection (a)(2)) [Sept. 17, 2007,
    see 72 F.R. 45938]."