16 U.S.C. § 3372 : US Code - Section 3372: Prohibited acts

Search 16 U.S.C. § 3372 : US Code - Section 3372: 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, 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.