US (United States) Code. Title 16. Chapter 53: Control of illegally taken fish and wildlife

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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publicidad

-CITE-

16 USC CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND

WILDLIFE 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE

.

-HEAD-

CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE

-MISC1-

Sec.

3371. Definitions.

3372. Prohibited acts.

(a) Offenses other than marking offenses.

(b) Marking offenses.

(c) Sale and purchase of guiding and outfitting

services and invalid licenses and permits.

(d) False labeling offenses.

3373. Penalties and sanctions.

(a) Civil penalties.

(b) Hearings.

(c) Review of civil penalty.

(d) Criminal penalties.

(e) Permit sanctions.

3374. Forfeiture.

(a) In general.

(b) Application of customs laws.

(c) Storage cost.

3375. Enforcement.

(a) In general.

(b) Powers.

(c) Jurisdiction of district courts.

(d) Rewards and incidental expenses.

3376. Administration.

(a) Regulations.

(b) Contract authority.

3377. Exceptions.

(a) Activities regulated by plan under

Magnuson-Stevens Fishery Conservation and

Management Act.

(b) Activities regulated by Tuna Convention Acts;

harvesting of highly migratory species taken on

high seas.

(c) Interstate shipment or transshipment through

Indian country of fish, wildlife, or plants for

legal purposes.

3378. Miscellaneous provisions.

(a) Effect on powers of States.

(b) Repeals.

(c) Disclaimers.

(d) Travel and transportation expenses.

(e) Interior appropriations budget proposal.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1861, 4912 of this title;

title 6 section 231.

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16 USC Sec. 3371 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE

-HEAD-

Sec. 3371. Definitions

-STATUTE-

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 ''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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

(h) 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.

(i) The term ''taken'' means captured, killed, or collected.

(j) 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.

-SOURCE-

(Pub. L. 97-79, Sec. 2, Nov. 16, 1981, 95 Stat. 1073.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in the provision preceding par. (a),

and in par. (g), was in the original ''this Act'' and ''the Act'',

meaning Pub. L. 97-79, Nov. 16, 1981, 95 Stat. 1073, known as the

Lacey Act Amendments of 1981, which enacted this chapter; amended

section 1540 of this title and section 42 of Title 18, Crimes and

Criminal Procedure; repealed sections 667e and 851 to 856 of this

title and sections 43, 44, 3054, and 3112 of Title 18; and enacted

provisions set out as notes under sections 1540 and 3371 of this

title. For complete classification of this Act to the Code, see

Short Title note set out below and Tables.

Reorganization Plan No. 4 of 1970 (84 Stat. 2090), referred to in

par. (g), is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC2-

SHORT TITLE

Section 1 of Pub. L. 97-79 provided: ''That this Act (enacting

this chapter, amending section 1540 of this title and section 42 of

Title 18, Crimes and Criminal Procedure, repealing sections 667e

and 851 to 856 of this title and sections 43, 44, 3054, and 3112 of

Title 18, and enacting provisions set out as a note under section

1540 of this title) may be cited as the 'Lacey Act Amendments of

1981'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 1997.

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16 USC Sec. 3372 01/06/03

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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, 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) -

(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;

(FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be followed by

''or''.

(4) to attempt to commit any act described in paragraphs (1)

through (4). (FOOTNOTE 2)

(FOOTNOTE 2) So in original. Probably should refer to pars. (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.

-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.)

-MISC1-

AMENDMENTS

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).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3373, 3374, 3376, 3377,

4912 of this title; title 39 section 3015.

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16 USC Sec. 3373 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE

-HEAD-

Sec. 3373. Penalties and sanctions

-STATUTE-

(a) Civil penalties

(1) Any person who engages in conduct prohibited by any provision

of this chapter (other than subsections (b) and (d) of section 3372

of this title) and in the exercise of due care should know that the

fish or wildlife or plants were taken, possessed, transported, or

sold in violation of, or in a manner unlawful under, any underlying

law, treaty, or regulation, and any person who knowingly violates

section 3372(d) of this title, may be assessed a civil penalty by

the Secretary of not more than $10,000 for each such violation:

Provided, That when the violation involves fish or wildlife or

plants with a market value of less than $350, and involves only the

transportation, acquisition, or receipt of fish or wildlife or

plants taken or possessed in violation of any law, treaty, or

regulation of the United States, any Indian tribal law, any foreign

law, or any law or regulation of any State, the penalty assessed

shall not exceed the maximum provided for violation of said law,

treaty, or regulation, or $10,000, whichever is less.

(2) Any person who violates section 3372(b) of this title may be

assessed a civil penalty by the Secretary of not more than $250.

(3) For purposes of paragraphs (1) and (2), any reference to a

provision of this chapter or to a section of this chapter shall be

treated as including any regulation issued to carry out any such

provision or section.

(4) No civil penalty may be assessed under this subsection unless

the person accused of the violation is given notice and opportunity

for a hearing with respect to the violation. Each violation shall

be a separate offense and the offense shall be deemed to have been

committed not only in the district where the violation first

occurred, but also in any district in which a person may have taken

or been in possession of the said fish or wildlife or plants.

(5) Any civil penalty assessed under this subsection may be

remitted or mitigated by the Secretary.

(6) In determining the amount of any penalty assessed pursuant to

paragraphs (1) and (2), the Secretary shall take into account the

nature, circumstances, extent, and gravity of the prohibited act

committed, and with respect to the violator, the degree of

culpability, ability to pay, and such other matters as justice may

require.

(b) Hearings

Hearings held during proceedings for the assessment of civil

penalties shall be conducted in accordance with section 554 of

title 5. The administrative law judge may issue subpenas for the

attendance and testimony of witnesses and the production of

relevant papers, books, or documents, and may administer oaths.

Witnesses summoned shall be paid the same fees and mileage that are

paid to witnesses in the courts of the United States. In case of

contumacy or refusal to obey a subpena issued pursuant to this

paragraph and served upon any person, the district court of the

United States for any district in which such person is found,

resides, or transacts business, upon application by the United

States and after notice to such person, shall have jurisdiction to

issue an order requiring such person to appear and give testimony

before the administrative law judge or to appear and produce

documents before the administrative law judge, or both, and any

failure to obey such order of the court may be punished by such

court as a contempt thereof.

(c) Review of civil penalty

Any person against whom a civil penalty is assessed under this

section may obtain review thereof in the appropriate District Court

of the United States by filing a complaint in such court within 30

days after the date of such order and by simultaneously serving a

copy of the complaint by certified mail on the Secretary, the

Attorney General, and the appropriate United States attorney. The

Secretary shall promptly file in such court a certified copy of the

record upon which such violation was found or such penalty imposed,

as provided in section 2112 of title 28. If any person fails to pay

an assessment of a civil penalty after it has become a final and

unappealable order or after the appropriate court has entered final

judgment in favor of the Secretary, the Secretary may request the

Attorney General of the United States to institute a civil action

in an appropriate district court of the United States to collect

the penalty, and such court shall have jurisdiction to hear and

decide any such action. In hearing such action, the court shall

have authority to review the violation and the assessment of the

civil penalty de novo.

(d) Criminal penalties

(1) Any person who -

(A) knowingly imports or exports any fish or wildlife or plants

in violation of any provision of this chapter (other than

subsections (b) and (d) of section 3372 of this title), or

(B) violates any provision of this chapter (other than

subsections (b) and (d) of section 3372 of this title) by

knowingly engaging in conduct that involves the sale or purchase

of, the offer of sale or purchase of, or the intent to sell or

purchase, fish or wildlife or plants with a market value in

excess of $350,

knowing that the fish or wildlife or plants were taken, possessed,

transported, or sold in violation of, or in a manner unlawful

under, any underlying law, treaty or regulation, shall be fined not

more than $20,000, or imprisoned for not more than five years, or

both. Each violation shall be a separate offense and the offense

shall be deemed to have been committed not only in the district

where the violation first occurred, but also in any district in

which the defendant may have taken or been in possession of the

said fish or wildlife or plants.

(2) Any person who knowingly engages in conduct prohibited by any

provision of this chapter (other than subsections (b) and (d) of

section 3372 of this title) and in the exercise of due care should

know that the fish or wildlife or plants were taken, possessed,

transported, or sold in violation of, or in a manner unlawful

under, any underlying law, treaty or regulation shall be fined not

more than $10,000, or imprisoned for not more than one year, or

both. Each violation shall be a separate offense and the offense

shall be deemed to have been committed not only in the district

where the violation first occurred, but also in any district in

which the defendant may have taken or been in possession of the

said fish or wildlife or plants.

(3) Any person who knowingly violates section 3372(d) of this

title -

(A) shall be fined under title 18 or imprisoned for not more

than 5 years, or both, if the offense involves -

(i) the importation or exportation of fish or wildlife or

plants; or

(ii) the sale or purchase, offer of sale or purchase, or

commission of an act with intent to sell or purchase fish or

wildlife or plants with a market value greater than $350; and

(B) shall be fined under title 18 or imprisoned for not more

than 1 year, or both, if the offense does not involve conduct

described in subparagraph (A).

(e) Permit sanctions

The Secretary may also suspend, modify, or cancel any Federal

hunting or fishing license, permit, or stamp, or any license or

permit authorizing a person to import or export fish or wildlife or

plants (other than a permit or license issued pursuant to the

Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

1801 et seq.)), or to operate a quarantine station or rescue center

for imported wildlife or plants, issued to any person who is

convicted of a criminal violation of any provision of this chapter

or any regulation issued hereunder. The Secretary shall not be

liable for the payments of any compensation, reimbursement, or

damages in connection with the modification, suspension, or

revocation of any licenses, permits, stamps, or other agreements

pursuant to this section.

-SOURCE-

(Pub. L. 97-79, Sec. 4, Nov. 16, 1981, 95 Stat. 1074; Pub. L.

100-653, title I, Sec. 102, 103, Nov. 14, 1988, 102 Stat. 3825,

3826.)

-REFTEXT-

REFERENCES IN TEXT

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in subsec. (e), is Pub. L. 94-265, Apr. 13, 1976, 90

Stat. 331, as amended, which is classified principally to chapter

38 (Sec. 1801 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

1801 of this title and Tables.

-COD-

CODIFICATION

''Magnuson-Stevens Fishery Conservation and Management Act''

substituted for ''Fishery Conservation and Management Act of 1976''

in subsec. (e), on authority of Pub. L. 96-561, title II, Sec.

238(b), Dec. 22, 1980, 94 Stat. 3300, which provided that all

references to the Fishery Conservation and Management Act of 1976

be redesignated as references to the Magnuson Fishery Conservation

and Management Act and Pub. L. 104-208, div. A, title I, Sec.

101(a) (title II, Sec. 211(b)), Sept. 30, 1996, 110 Stat. 3009,

3009-41, which provided that all references to the Magnuson Fishery

Conservation and Management Act be redesignated as references to

the Magnuson-Stevens Fishery Conservation and Management Act.

-MISC3-

AMENDMENTS

1988 - Subsec. (a)(1). Pub. L. 100-653, Sec. 102(a), (c),

substituted ''(other than subsections (b) and (d) of section 3372

of this title)'' for ''(other than section 3372(b) of this title)''

and inserted ''and any person who knowingly violates section

3372(d) of this title,'' after ''any underlying law, treaty, or

regulations,''.

Subsec. (c). Pub. L. 100-653, Sec. 103, amended first sentence

generally. Prior to amendment, first sentence read as follows:

''Any person against whom a civil penalty is assessed under this

section may obtain review thereof in the appropriate district court

of the United States by filing a notice of appeal in such court

within thirty days from the date of such order and by

simultaneously sending a copy of such notice by certified mail to

the Secretary.''

Subsec. (d)(1), (2). Pub. L. 100-653, Sec. 102(c), substituted

''(other than subsections (b) and (d) of section 3372 of this

title)'' for ''(other than section 3372(b) of this title)'' in

pars. (1)(A), (B), and (2).

Subsec. (d)(3). Pub. L. 100-653, Sec. 102(b), added par. (3).

-TRANS-

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 November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3374, 3376 of this title.

-CITE-

16 USC Sec. 3374 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE

-HEAD-

Sec. 3374. Forfeiture

-STATUTE-

(a) In general

(1) All fish or wildlife or plants imported, exported,

transported, sold, received, acquired, or purchased contrary to the

provisions of section 3372 of this title (other than section

3372(b) of this title), or any regulation issued pursuant thereto,

shall be subject to forfeiture to the United States notwithstanding

any culpability requirements for civil penalty assessment or

criminal prosecution included in section 3373 of this title.

(2) All vessels, vehicles, aircraft, and other equipment used to

aid in the importing, exporting, transporting, selling, receiving,

acquiring, or purchasing of fish or wildlife or plants in a

criminal violation of this chapter for which a felony conviction is

obtained shall be subject to forfeiture to the United States if (A)

the owner of such vessel, vehicle, aircraft, or equipment was at

the time of the alleged illegal act a consenting party or privy

thereto or in the exercise of due care should have known that such

vessel, vehicle, aircraft, or equipment would be used in a criminal

violation of this chapter, and (B) the violation involved the sale

or purchase of, the offer of sale or purchase of, or the intent to

sell or purchase, fish or wildlife or plants.

(b) Application of customs laws

All provisions of law relating to the seizure, forfeiture, and

condemnation of property for violation of the customs laws, the

disposition of such property or the proceeds from the sale thereof,

and the remission or mitigation of such forfeiture, shall apply to

the seizures and forfeitures incurred, or alleged to have been

incurred, under the provisions of this chapter, insofar as such

provisions of law are applicable and not inconsistent with the

provisions of this chapter, except that all powers, rights, and

duties conferred or imposed by the customs laws upon any officer or

employee of the Treasury Department may, for the purposes of this

chapter, also be exercised or performed by the Secretary or by such

persons as he may designate: Provided, That any warrant for search

or seizure shall be issued in accordance with rule 41 of the

Federal Rules of Criminal Procedure.

(c) Storage cost

Any person convicted of an offense, or assessed a civil penalty,

under section 3373 of this title shall be liable for the costs

incurred in the storage, care, and maintenance of any fish or

wildlife or plant seized in connection with the violation

concerned.

-SOURCE-

(Pub. L. 97-79, Sec. 5, Nov. 16, 1981, 95 Stat. 1076.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (b), are classified

generally to Title 19, Customs Duties.

Rule 41 of the Federal Rules of Criminal Procedure, referred to

in subsec. (b), is set out in the Appendix to Title 18, Crimes and

Criminal Procedure.

-TRANS-

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 November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3375, 3376 of this title.

-CITE-

16 USC Sec. 3375 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE

-HEAD-

Sec. 3375. Enforcement

-STATUTE-

(a) In general

The provisions of this chapter and any regulations issued

pursuant thereto shall be enforced by the Secretary, the Secretary

of Transportation, or the Secretary of the Treasury. Such Secretary

may utilize by agreement, with or without reimbursement, the

personnel, services, and facilities of any other Federal agency or

any State agency or Indian tribe for purposes of enforcing this

chapter.

(b) Powers

Any person authorized under subsection (a) of this section to

enforce this chapter may carry firearms; may, when enforcing this

chapter, make an arrest without a warrant, in accordance with any

guidelines which may be issued by the Attorney General, for any

offense under the laws of the United States committed in the

person's presence, or for the commission of any felony under the

laws of the United States, if the person has reasonable grounds to

believe that the person to be arrested has committed or is

committing a felony; may search and seize, with or without a

warrant, in accordance with any guidelines which may be issued by

the Attorney General; (FOOTNOTE 1) Provided, That an arrest for a

felony violation of this chapter that is not committed in the

presence or view of any such person and that involves only the

transportation, acquisition, receipt, purchase, or sale of fish or

wildlife or plants taken or possessed in violation of any law or

regulation of any State shall require a warrant; may make an arrest

without a warrant for a misdemeanor violation of this chapter if he

has reasonable grounds to believe that the person to be arrested is

committing a violation in his presence or view; and may execute and

serve any subpena, arrest warrant, search warrant issued in

accordance with rule 41 of the Federal Rules of Criminal Procedure,

or other warrant of civil or criminal process issued by any officer

or court of competent jurisdiction for enforcement of this

chapter. Any person so authorized, in coordination with the

Secretary of the Treasury, may detain for inspection and inspect

any vessel, vehicle, aircraft, or other conveyance or any package,

crate, or other container, including its contents, upon the arrival

of such conveyance or container in the United States or the customs

waters of the United States from any point outside the United

States or such customs waters, or, if such conveyance or container

is being used for exportation purposes, prior to departure from the

United States or the customs waters of the United States. Such

person may also inspect and demand the production of any documents

and permits required by the country of natal origin, birth, or

reexport of the fish or wildlife. Any fish, wildlife, plant,

property, or item seized shall be held by any person authorized by

the Secretary pending disposition of civil or criminal proceedings,

or the institution of an action in rem for forfeiture of such fish,

wildlife, plants, property, or item pursuant to section 3374 of

this title; except that the Secretary may, in lieu of holding such

fish, wildlife, plant, property, or item, permit the owner or

consignee to post a bond or other surety satisfactory to the

Secretary.

(FOOTNOTE 1) So in original. The semicolon probably should be a

colon.

(c) Jurisdiction of district courts

The several district courts of the United States, including the

courts enumerated in section 460 of title 28, shall have

jurisdiction over any actions arising under this chapter. The

venue provisions of title 18 and title 28 shall apply to any

actions arising under this chapter. The judges of the district

courts of the United States and the United States magistrate judges

may, within their respective jurisdictions, upon proper oath or

affirmation showing probable cause, issue such warrants or other

process as may be required for enforcement of this chapter and any

regulations issued thereunder.

(d) Rewards and incidental expenses

Beginning in fiscal year 1983, the Secretary or the Secretary of

the Treasury shall pay, from sums received as penalties, fines, or

forfeitures of property for any violation of this chapter or any

regulation issued hereunder (1) a reward to any person who

furnishes information which leads to an arrest, a criminal

conviction, civil penalty assessment, or forfeiture of property for

any violation of this chapter or any regulation issued hereunder.

The amount of the reward, if any, is to be designated by the

Secretary or the Secretary of the Treasury, as appropriate. Any

officer or employee of the United States or any State or local

government who furnishes information or renders service in the

performance of his official duties is ineligible for payment under

this subsection, and (2) the reasonable and necessary costs

incurred by any person in providing temporary care for any fish,

wildlife, or plant pending the disposition of any civil or criminal

proceeding alleging a violation of this chapter with respect to

that fish, wildlife, or plant.

-SOURCE-

(Pub. L. 97-79, Sec. 6, Nov. 16, 1981, 95 Stat. 1077; Pub. L.

98-327, Sec. 4, June 25, 1984, 98 Stat. 271; Pub. L. 100-653, title

I, Sec. 104, Nov. 14, 1988, 102 Stat. 3826; Pub. L. 101-650, title

III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-REFTEXT-

REFERENCES IN TEXT

Rule 41 of the Federal Rules of Criminal Procedure, referred to

in subsec. (b), is set out in the Appendix to Title 18, Crimes and

Criminal Procedure.

-MISC2-

AMENDMENTS

1988 - Subsec. (b). Pub. L. 100-653 substituted ''may, when

enforcing this chapter, make an arrest without a warrant, in

accordance with any guidelines which may be issued by the Attorney

General, for any offense under the laws of the United States

committed in the person's presence, or for the commission of any

felony under the laws of the United States, if the person has

reasonable grounds to believe that the person to be arrested has

committed or is committing a felony; may search and seize, with or

without a warrant, in accordance with any guidelines which may be

issued by the Attorney General;'' for ''may make an arrest without

a warrant for any felony violation of this chapter if he has

reasonable grounds to believe that the person to be arrested has

committed or is committing such violation:''.

1984 - Subsec. (d). Pub. L. 98-327 substituted a comma for ''a

reward'' after ''shall pay'' in first sentence, inserted ''(1) a

reward'' before ''to any person'', and added cl. (2).

-CHANGE-

CHANGE OF NAME

''United States magistrate judges'' substituted for ''United

States magistrates'' in subsec. (c) pursuant to section 321 of Pub.

L. 101-650, set out as a note under section 631 of Title 28,

Judiciary and Judicial Procedure.

-TRANS-

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 November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 742l, 1540, 5305a of this

title; title 28 section 524; title 42 section 10601.

-CITE-

16 USC Sec. 3376 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE

-HEAD-

Sec. 3376. Administration

-STATUTE-

(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 3373 and section 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.

(b) Contract authority

Beginning in fiscal year 1983, to the extent and in the amounts

provided in advance in appropriations Act, 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.

-SOURCE-

(Pub. L. 97-79, Sec. 7, Nov. 16, 1981, 95 Stat. 1078.)

-TRANS-

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 November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3372 of this title.

-CITE-

16 USC Sec. 3377 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE

-HEAD-

Sec. 3377. Exceptions

-STATUTE-

(a) Activities regulated by plan under Magnuson-Stevens Fishery

Conservation and Management Act

The provisions of paragraph (1) of section 3372(a) of this title

shall not apply to any activity regulated by a fishery management

plan in effect under the Magnuson-Stevens Fishery Conservation and

Management Act (16 U.S.C. 1801 et seq.).

(b) Activities regulated by Tuna Convention Acts; harvesting of

highly migratory species taken on high seas

The provisions of paragraphs (1), (2)(A), and (3)(A) of section

3372(a) of this title shall not apply to -

(1) any activity regulated by the Tuna Conventions Act of 1950

(16 U.S.C. 951-961) or the Atlantic Tunas Convention Act of 1975

(16 U.S.C. 971-971(h)); or

(2) any activity involving the harvesting of highly migratory

species (as defined in paragraph (14) of section 3 of the

Magnuson-Stevens Fishery Conservation and Management Act (16

U.S.C. 1802(14))) taken on the high seas (as defined in paragraph

(13) of such section 3) if such species are taken in violation of

the laws of a foreign nation and the United States does not

recognize the jurisdiction of the foreign nation over such

species.

(c) Interstate shipment or transshipment through Indian country of

fish, wildlife, or plants for legal purposes

The provisions of paragraph (2) of section 3372(a) of this title

shall not apply to the interstate shipment or transshipment through

Indian country as defined in section 1151 of title 18 or a State of

any fish or wildlife or plant legally taken if the shipment is en

route to a State in which the fish or wildlife or plant may be

legally possessed.

-SOURCE-

(Pub. L. 97-79, Sec. 8, Nov. 16, 1981, 95 Stat. 1078.)

-REFTEXT-

REFERENCES IN TEXT

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in subsec. (a), is Pub. L. 94-265, Apr. 13, 1976, 90

Stat. 331, as amended, which is classified principally to chapter

38 (Sec. 1801 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

1801 of this title and Tables.

The Tuna Conventions Act of 1950, referred to in subsec. (b)(1),

is act Sept. 7, 1950, ch. 907, 64 Stat. 777, as amended, which is

classified generally to chapter 16 (Sec. 951 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 951 of this title and

Tables.

The Atlantic Tunas Convention Act of 1975, referred to in subsec.

(b)(1), is Pub. L. 94-70, Aug. 5, 1975, 89 Stat. 385, as amended,

which is classified generally to chapter 16A (Sec. 971 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 971 of this title and

Tables.

-COD-

CODIFICATION

''Magnuson-Stevens Fishery Conservation and Management Act''

substituted for ''Fishery Conservation and Management Act of 1976''

in subsecs. (a) and (b)(2), on authority of Pub. L. 96-561, title

II, Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300, which provided that

all references to the Fishery Conservation and Management Act of

1976 be redesignated as references to the Magnuson Fishery

Conservation and Management Act and Pub. L. 104-208, div. A, title

I, Sec. 101(a) (title II, Sec. 211(b)), Sept. 30, 1996, 110 Stat.

3009, 3009-41, which provided that all references to the Magnuson

Fishery Conservation and Management Act be redesignated as

references to the Magnuson-Stevens Fishery Conservation and

Management Act.

-CITE-

16 USC Sec. 3378 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE

-HEAD-

Sec. 3378. Miscellaneous provisions

-STATUTE-

(a) Effect on powers of States

Nothing in this chapter shall be construed to prevent the several

States or Indian tribes from making or enforcing laws or

regulations not inconsistent with the provisions of this chapter.

(b) Repeals

The following provisions of law are repealed:

(1) The Act of May 20, 1926 (commonly known as the Black Bass

Act; 16 U.S.C. 851-856).

(2) Section 667e of this title and sections 43 and 44 of title

18 (commonly known as provisions of the Lacey Act).

(3) Sections 3054 and 3112 of title 18.

(c) Disclaimers

Nothing in this chapter shall be construed as -

(1) repealing, superseding, or modifying any provision of

Federal law other than those specified in subsection (b) of this

section;

(2) repealing, superseding, or modifying any right, privilege,

or immunity granted, reserved, or established pursuant to treaty,

statute, or executive order pertaining to any Indian tribe, band,

or community; or

(3) enlarging or diminishing the authority of any State or

Indian tribe to regulate the activities of persons within Indian

reservations.

(d) Travel and transportation expenses

The Secretary of the Interior is authorized to pay from agency

appropriations the travel expense of newly appointed special agents

of the United States Fish and Wildlife Service and the

transportation expense of household goods and personal effects from

place of residence at time of selection to first duty station to

the extent authorized by section 5724 of title 5 for all such

special agents appointed after January 1, 1977.

(e) Interior appropriations budget proposal

The Secretary shall identify the funds utilized to enforce this

chapter and any regulations thereto as a specific appropriations

item in the Department of the Interior appropriations budget

proposal to the Congress.

-SOURCE-

(Pub. L. 97-79, Sec. 9(a)-(c), (g), (h), Nov. 16, 1981, 95 Stat.

1079, 1080.)

-REFTEXT-

REFERENCES IN TEXT

The Black Bass Act, referred to in subsec. (b)(1), is act May 20,

1926, ch. 346, 44 Stat. 576, as amended, which was classified

generally to chapter 13 (Sec. 851 et seq.) of this title. For

complete classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

Subsecs. (d) and (e) of this section were in the original

subsecs. (g) and (h), respectively, of section 9 of Pub. L. 97-79

and were redesignated for purposes of codification.

-CITE-