---
kind: "range"
citation: "16 U.S.C. §§ 3371–3378"
title: "16"
from: "3371"
to: "3378"
count: 8
release: "119-102"
url: "https://uscodex.org/usc/16/3371..3378"
---

# §3371. Definitions


For the purposes of this chapter:

- (a) **Breed.—** The term “breed” means to facilitate propagation or reproduction (whether intentionally or negligently), or to fail to prevent propagation or reproduction.
- (b) 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.
- (c) 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.
- (d) 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](/usc/18/1151.md).
- (e) The terms “law,” “treaty,” “regulation,” and “[Indian tribal law](#d)” mean laws, treaties, regulations or [Indian tribal laws](#d) which regulate the [taking](#k-2), possession, importation, exportation, transportation, or sale of [fish or wildlife](#b) or [plants](#g-1).
- (f) The term “person” includes any individual, [partnership](/usc/16/8202.md?p=7), association, corporation, [trust](/usc/16/450ss–1.md?p=4), or any officer, employee, agent, department, or instrumentality of the Federal Government or of any [State](#j) or political [subdivision](/usc/16/539m–1.md?p=15) thereof, or any other entity subject to the jurisdiction of the United States.
- (g) **Plant.—**
  - (1) **In general.—** The terms “plant” and “plants” mean any wild member of the plant kingdom, including roots, seeds, parts, or products thereof, and including trees from either natural or planted forest stands.
  - (2) **Exclusions.—** The terms “[plant](#g-1)” and “[plants](#g-1)” exclude—
    - (A) common cultivars, except trees, and common food crops (including roots, seeds, parts, or products thereof);
    - (B) a scientific specimen of [plant](#g-1) genetic material (including roots, seeds, germplasm, parts, or products thereof) that is to be used only for laboratory or field research; and
    - (C) any [plant](#g-1) that is to remain planted or to be planted or replanted.
  - (3) **Exceptions to application of exclusions.—** The exclusions made by subparagraphs [(B)](#g-2-B) and [(C)](#g-2-C) of paragraph (2) do not apply if the [plant](#g-1) is listed—
    - (A) in an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249);
    - (B) as an endangered or threatened species under the Endangered Species Act of 1973 ([16 U.S.C. 1531](/usc/16/1531.md) et seq.); or
    - (C) pursuant to any [State](#j) law that provides for the [conservation](/usc/16/6456.md?p=2) of species that are indigenous to the [State](#j) and are threatened with extinction.
- (h) **Prohibited Wildlife Species.—** The term “prohibited wildlife species” means any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species.
- (i) The term “Secretary” means, except as otherwise provided in this chapter, the Secretary of the Interior or the Secretary of Commerce, as [program](/usc/16/460ss–6.md?p=1) 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](#g-1), the term also means the Secretary of Agriculture.
- (j) The term “State” means any of the several [States](/usc/16/544.md?p=r), 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.
- (k) **Taken and Taking.—**
  - (1) **Taken.—** The term “taken” means captured, killed, or collected and, with respect to a [plant](#g-1), also means harvested, cut, logged, or removed.
  - (2) **Taking.—** The term “taking” means the act by which fish, wildlife, or [plants](#g-1) are [taken](#k-1).
- (l) 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.

# §3372. Prohibited acts

- (a) **Offenses other than marking offenses—** It is unlawful for any [person](/usc/16/3371.md?p=f)—
  - (1) to [import](/usc/16/3371.md?p=c), export, [transport](/usc/16/3371.md?p=l), sell, receive, [acquire](/usc/16/620e.md?p=1), or purchase any [fish or wildlife](/usc/16/3371.md?p=b) or [plant](/usc/16/3371.md?p=g-1) [taken](/usc/16/3371.md?p=k-1), possessed, transported, or sold in [violation](/usc/16/620e.md?p=11) of any law, treaty, or regulation of the United States or in [violation](/usc/16/620e.md?p=11) of any [Indian tribal law](/usc/16/3371.md?p=d);
  - (2) to [import](/usc/16/3371.md?p=c), export, [transport](/usc/16/3371.md?p=l), sell, receive, [acquire](/usc/16/620e.md?p=1), or purchase in interstate or foreign commerce—
    - (A) any [fish or wildlife](/usc/16/3371.md?p=b) [taken](/usc/16/3371.md?p=k-1), possessed, transported, or sold in [violation](/usc/16/620e.md?p=11) of any law or regulation of any [State](/usc/16/3371.md?p=j) or in [violation](/usc/16/620e.md?p=11) of any foreign law; or
    - (B) any [plant](/usc/16/3371.md?p=g-1)—
      - (i) [taken](/usc/16/3371.md?p=k-1), possessed, transported, or sold in [violation](/usc/16/620e.md?p=11) of any law or regulation of any [State](/usc/16/3371.md?p=j), or any foreign law, that protects [plants](/usc/16/3371.md?p=g-1) or that regulates—
        - (I) the theft of [plants](/usc/16/3371.md?p=g-1);
        - (II) the [taking](/usc/16/3371.md?p=k-2) of [plants](/usc/16/3371.md?p=g-1) from a [park](/usc/16/410r–5.md?p=c-3), forest reserve, or other officially protected [area](/usc/16/539m–1.md?p=1-A);
        - (III) the [taking](/usc/16/3371.md?p=k-2) of [plants](/usc/16/3371.md?p=g-1) from an officially designated [area](/usc/16/539m–1.md?p=1-A); or
        - (IV) the [taking](/usc/16/3371.md?p=k-2) of [plants](/usc/16/3371.md?p=g-1) without, or contrary to, required authorization;
      - (ii) [taken](/usc/16/3371.md?p=k-1), possessed, transported, or sold without the payment of appropriate royalties, taxes, or stumpage fees required for the [plant](/usc/16/3371.md?p=g-1) by any law or regulation of any [State](/usc/16/3371.md?p=j) or any foreign law; or
      - (iii) [taken](/usc/16/3371.md?p=k-1), possessed, transported, or sold in [violation](/usc/16/620e.md?p=11) of any limitation under any law or regulation of any [State](/usc/16/3371.md?p=j), or under any foreign law, governing the export or transshipment of [plants](/usc/16/3371.md?p=g-1);
  - (3) within the special maritime and territorial jurisdiction of the United States (as defined in [section 7 of title 18](/usc/18/7.md))—
    - (A) to possess any [fish or wildlife](/usc/16/3371.md?p=b) [taken](/usc/16/3371.md?p=k-1), possessed, transported, or sold in [violation](/usc/16/620e.md?p=11) of any law or regulation of any [State](/usc/16/3371.md?p=j) or in [violation](/usc/16/620e.md?p=11) of any foreign law or [Indian tribal law](/usc/16/3371.md?p=d), or
    - (B) to possess any [plant](/usc/16/3371.md?p=g-1)—
      - (i) [taken](/usc/16/3371.md?p=k-1), possessed, transported, or sold in [violation](/usc/16/620e.md?p=11) of any law or regulation of any [State](/usc/16/3371.md?p=j), or any foreign law, that protects [plants](/usc/16/3371.md?p=g-1) or that regulates—
        - (I) the theft of [plants](/usc/16/3371.md?p=g-1);
        - (II) the [taking](/usc/16/3371.md?p=k-2) of [plants](/usc/16/3371.md?p=g-1) from a [park](/usc/16/410r–5.md?p=c-3), forest reserve, or other officially protected [area](/usc/16/539m–1.md?p=1-A);
        - (III) the [taking](/usc/16/3371.md?p=k-2) of [plants](/usc/16/3371.md?p=g-1) from an officially designated [area](/usc/16/539m–1.md?p=1-A); or
        - (IV) the [taking](/usc/16/3371.md?p=k-2) of [plants](/usc/16/3371.md?p=g-1) without, or contrary to, required authorization;
      - (ii) [taken](/usc/16/3371.md?p=k-1), possessed, transported, or sold without the payment of appropriate royalties, taxes, or stumpage fees required for the [plant](/usc/16/3371.md?p=g-1) by any law or regulation of any [State](/usc/16/3371.md?p=j) or any foreign law; or
      - (iii) [taken](/usc/16/3371.md?p=k-1), possessed, transported, or sold in [violation](/usc/16/620e.md?p=11) of any limitation under any law or regulation of any [State](/usc/16/3371.md?p=j), or under any foreign law, governing the export or transshipment of [plants](/usc/16/3371.md?p=g-1); or
  - (4) to attempt to commit any act described in [paragraphs (1) through (3)](#a-1..a-3) or [subsection (e)](#e).
- (b) **Marking offenses—** It is unlawful for any [person](/usc/16/3371.md?p=f) to [import](/usc/16/3371.md?p=c), export, or [transport](/usc/16/3371.md?p=l) in interstate commerce any container or package containing any [fish or wildlife](/usc/16/3371.md?p=b) 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](/usc/16/3376.md?p=a).
- (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](/usc/16/3371.md?p=b) in [violation](/usc/16/620e.md?p=11) of this chapter for a [person](/usc/16/3371.md?p=f) for money or other consideration to offer or provide—
    - (A) guiding, outfitting, or other services; or
    - (B) a hunting or [fishing](/usc/16/7901.md?p=b) license or permit;

    for the illegal [taking](/usc/16/3371.md?p=k-2), acquiring, receiving, transporting, or possessing of [fish or wildlife](/usc/16/3371.md?p=b).

  - (2) **Purchase—** It is deemed to be a purchase of [fish or wildlife](/usc/16/3371.md?p=b) in [violation](/usc/16/620e.md?p=11) of this chapter for a [person](/usc/16/3371.md?p=f) to obtain for money or other consideration—
    - (A) guiding, outfitting, or other services; or
    - (B) a hunting or [fishing](/usc/16/7901.md?p=b) license or permit;

    for the illegal [taking](/usc/16/3371.md?p=k-2), acquiring, receiving, transporting, or possessing of [fish or wildlife](/usc/16/3371.md?p=b).

- (d) **False labeling offenses—** It is unlawful for any [person](/usc/16/3371.md?p=f) to make or submit any false record, account, or label for, or any false identification of, any fish, wildlife, or [plant](/usc/16/3371.md?p=g-1) 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) **Captive wildlife offense—**
  - (1) **In general—** Except as provided in [paragraph (2)](#e-2), it is unlawful for any [person](/usc/16/3371.md?p=f) to—
    - (A) [import](/usc/16/3371.md?p=c), export, [transport](/usc/16/3371.md?p=l), sell, receive, [acquire](/usc/16/620e.md?p=1), or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce; or
    - (B) [breed](/usc/16/3371.md?p=a) or possess;

    any [prohibited wildlife species](/usc/16/3371.md?p=h).

  - (2) **Limitation on application—** [Paragraph (1)](#e-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](/usc/16/3371.md?p=h), 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](/usc/16/6456.md?p=2) [programs](/usc/16/460ss–6.md?p=1) 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](/usc/16/3371.md?p=i) with justifications that the plan—
          - (aa) reflects established [conservation](/usc/16/6456.md?p=2) 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](/usc/16/3371.md?p=j) college, university, or agency, or a [State](/usc/16/3371.md?p=j)-licensed veterinarian;
    - (C) a wildlife sanctuary that cares for [prohibited wildlife species](/usc/16/3371.md?p=h), and—
      - (i) is a corporation that is exempt from taxation under [section 501(a) of title 26](/usc/26/501.md?p=a) and described in sections [501(c)(3)](/usc/16/501.md) and [170(b)(1)(A)(vi)](/usc/16/170.md) of such title;
      - (ii) does not commercially trade in any [prohibited wildlife species](/usc/16/3371.md?p=h), including offspring, parts, and byproducts of such animals;
      - (iii) does not [breed](/usc/16/3371.md?p=a) any [prohibited wildlife species](/usc/16/3371.md?p=h);
      - (iv) does not allow direct contact between the public and any [prohibited wildlife species](/usc/16/3371.md?p=h); and
      - (v) does not allow the transportation and display of any [prohibited wildlife species](/usc/16/3371.md?p=h) off-site;
    - (D) has custody of any [prohibited wildlife species](/usc/16/3371.md?p=h) solely for the purpose of expeditiously transporting the [prohibited wildlife species](/usc/16/3371.md?p=h) to a [person](/usc/16/3371.md?p=f) described in this paragraph with respect to the species; or
    - (E) an entity or individual that is in possession of any [prohibited wildlife species](/usc/16/3371.md?p=h) that was born before December 20, 2022, and—
      - (i) not later than 180 days after December 20, 2022, the entity or individual registers each individual animal of each [prohibited wildlife species](/usc/16/3371.md?p=h) possessed by the entity or individual with the United States Fish and Wildlife Service;
      - (ii) does not [breed](/usc/16/3371.md?p=a), [acquire](/usc/16/620e.md?p=1), or sell any [prohibited wildlife species](/usc/16/3371.md?p=h) after December 20, 2022; and
      - (iii) does not allow direct contact between the public and [prohibited wildlife species](/usc/16/3371.md?p=h).
- (f) **Plant declarations—**
  - (1) **Import declaration—** Effective 180 days from the date of enactment of this subsection, and except as provided in [paragraph (3)](#f-3), it shall be unlawful for any [person](/usc/16/3371.md?p=f) to [import](/usc/16/3371.md?p=c) any [plant](/usc/16/3371.md?p=g-1) unless the [person](/usc/16/3371.md?p=f) files upon importation a declaration that contains—
    - (A) the scientific name of any [plant](/usc/16/3371.md?p=g-1) (including the genus and species of the [plant](/usc/16/3371.md?p=g-1)) contained in the importation;
    - (B) a description of—
      - (i) the value of the importation; and
      - (ii) the quantity, including the [unit](/usc/16/430f–7.md?p=4) of measure, of the [plant](/usc/16/3371.md?p=g-1); and
    - (C) the name of the country from which the [plant](/usc/16/3371.md?p=g-1) was [taken](/usc/16/3371.md?p=k-1).
  - (2) **Declaration relating to plant products—** Until the date on which the [Secretary](/usc/16/3371.md?p=i) promulgates a regulation under [paragraph (6)](#f-6), a declaration relating to a [plant](/usc/16/3371.md?p=g-1) product shall—
    - (A) in the case in which the species of [plant](/usc/16/3371.md?p=g-1) used to produce the [plant](/usc/16/3371.md?p=g-1) product that is the subject of the importation varies, and the species used to produce the [plant](/usc/16/3371.md?p=g-1) product is unknown, contain the name of each species of [plant](/usc/16/3371.md?p=g-1) that may have been used to produce the [plant](/usc/16/3371.md?p=g-1) product;
    - (B) in the case in which the species of [plant](/usc/16/3371.md?p=g-1) used to produce the [plant](/usc/16/3371.md?p=g-1) product that is the subject of the importation is commonly [taken](/usc/16/3371.md?p=k-1) from more than one country, and the country from which the [plant](/usc/16/3371.md?p=g-1) was [taken](/usc/16/3371.md?p=k-1) and used to produce the [plant](/usc/16/3371.md?p=g-1) product is unknown, contain the name of each country from which the [plant](/usc/16/3371.md?p=g-1) may have been [taken](/usc/16/3371.md?p=k-1); and
    - (C) in the case in which a paper or paperboard [plant](/usc/16/3371.md?p=g-1) product includes recycled [plant](/usc/16/3371.md?p=g-1) product, contain the average percent recycled content without regard for the species or country of origin of the recycled [plant](/usc/16/3371.md?p=g-1) product, in [addition](/usc/16/410r–5.md?p=c-2) to the information for the non-recycled [plant](/usc/16/3371.md?p=g-1) content otherwise required by this subsection.
  - (3) **Exclusions—** Paragraphs [(1)](#f-1) and [(2)](#f-2) shall not apply to [plants](/usc/16/3371.md?p=g-1) 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](/usc/16/3371.md?p=i) shall review the implementation of each requirement imposed by paragraphs [(1)](#f-1) and [(2)](#f-2) and the effect of the exclusion provided by [paragraph (3)](#f-3). In conducting the review, the [Secretary](/usc/16/3371.md?p=i) shall provide public notice and an opportunity for comment.
  - (5) **Report—** Not later than 180 days after the date on which the [Secretary](/usc/16/3371.md?p=i) completes the review under [paragraph (4)](#f-4), the [Secretary](/usc/16/3371.md?p=i) shall submit to the appropriate [committees](/usc/16/941b.md?p=1) of Congress a report containing—
    - (A) an evaluation of—
      - (i) the effectiveness of each type of information required under paragraphs [(1)](#f-1) and [(2)](#f-2) in assisting enforcement of this section; and
      - (ii) the potential to harmonize each requirement imposed by paragraphs [(1)](#f-1) and [(2)](#f-2) with other applicable [import](/usc/16/3371.md?p=c) regulations in existence as of the date of the report;
    - (B) recommendations for such legislation as the [Secretary](/usc/16/3371.md?p=i) determines to be appropriate to assist in the identification of [plants](/usc/16/3371.md?p=g-1) that are imported into the United States in [violation](/usc/16/620e.md?p=11) of this section; and
    - (C) an analysis of the effect of [subsection (a)](#a) and this subsection on—
      - (i) the cost of legal [plant](/usc/16/3371.md?p=g-1) [imports](/usc/16/3371.md?p=c); 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](/usc/16/3371.md?p=i) completes the review under [paragraph (4)](#f-4), the [Secretary](/usc/16/3371.md?p=i) may promulgate regulations—
    - (A) to limit the applicability of any requirement imposed by [paragraph (2)](#f-2) to specific [plant](/usc/16/3371.md?p=g-1) products;
    - (B) to make any other necessary modification to any requirement imposed by [paragraph (2)](#f-2), as determined by the [Secretary](/usc/16/3371.md?p=i) based on the review; and
    - (C) to limit the scope of the exclusion provided by [paragraph (3)](#f-3), if the limitations in scope are warranted as a result of the review.

# §3373. Penalties and sanctions

- (a) **Civil penalties—**
  - (1) Any [person](/usc/16/3371.md?p=f) who engages in conduct prohibited by any provision of this chapter (other than subsections (b), (d), (e), and (f) of [section 3372 of this title](/usc/16/3372.md)) and in the exercise of due care should know that the [fish or wildlife](/usc/16/3371.md?p=b) or [plants](/usc/16/3371.md?p=g-1) were [taken](/usc/16/3371.md?p=k-1), possessed, transported, or sold in [violation](/usc/16/620e.md?p=11) of, or in a manner unlawful under, any underlying law, treaty, or regulation, and any [person](/usc/16/3371.md?p=f) who knowingly violates subsection (d), (e), or (f) of [section 3372 of this title](/usc/16/3372.md), may be assessed a civil penalty by the [Secretary](/usc/16/3371.md?p=i) of not more than $10,000 for each such [violation](/usc/16/620e.md?p=11): Provided, That when the [violation](/usc/16/620e.md?p=11) involves [fish or wildlife](/usc/16/3371.md?p=b) or [plants](/usc/16/3371.md?p=g-1) with a market value of less than $350, and involves only the transportation, [acquisition](/usc/16/620e.md?p=1), or receipt of [fish or wildlife](/usc/16/3371.md?p=b) or [plants](/usc/16/3371.md?p=g-1) [taken](/usc/16/3371.md?p=k-1) or possessed in [violation](/usc/16/620e.md?p=11) of any law, treaty, or regulation of the United States, any [Indian tribal law](/usc/16/3371.md?p=d), any foreign law, or any law or regulation of any [State](/usc/16/3371.md?p=j), the penalty assessed shall not exceed the maximum provided for [violation](/usc/16/620e.md?p=11) of said law, treaty, or regulation, or $10,000, whichever is less.
  - (2) Any [person](/usc/16/3371.md?p=f) who violates subsection (b) or (f) of [section 3372 of this title](/usc/16/3372.md), except as provided in [paragraph (1)](#a-1), may be assessed a civil penalty by the [Secretary](/usc/16/3371.md?p=i) of not more than $250.
  - (3) For purposes of paragraphs [(1)](#a-1) and [(2)](#a-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](/usc/16/3371.md?p=f) accused of the [violation](/usc/16/620e.md?p=11) is given notice and opportunity for a hearing with respect to the [violation](/usc/16/620e.md?p=11). Each [violation](/usc/16/620e.md?p=11) shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the [violation](/usc/16/620e.md?p=11) first occurred, but also in any district in which a [person](/usc/16/3371.md?p=f) may have [taken](/usc/16/3371.md?p=k-1) or been in possession of the said [fish or wildlife](/usc/16/3371.md?p=b) or [plants](/usc/16/3371.md?p=g-1).
  - (5) Any civil penalty assessed under this subsection may be remitted or mitigated by the [Secretary](/usc/16/3371.md?p=i).
  - (6) In determining the amount of any penalty assessed pursuant to paragraphs [(1)](#a-1) and [(2)](#a-2), the [Secretary](/usc/16/3371.md?p=i) 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](/usc/5/554.md). 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](/usc/16/3371.md?p=f), the district court of the United States for any district in which such [person](/usc/16/3371.md?p=f) is found, resides, or transacts business, upon application by the United States and after notice to such [person](/usc/16/3371.md?p=f), shall have jurisdiction to issue an order requiring such [person](/usc/16/3371.md?p=f) 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](/usc/16/3371.md?p=f) 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](/usc/16/3371.md?p=i), the Attorney General, and the appropriate United States attorney. The [Secretary](/usc/16/3371.md?p=i) shall promptly file in such court a certified copy of the record upon which such [violation](/usc/16/620e.md?p=11) was found or such penalty imposed, as provided in [section 2112 of title 28](/usc/28/2112.md). If any [person](/usc/16/3371.md?p=f) 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](/usc/16/3371.md?p=i), the [Secretary](/usc/16/3371.md?p=i) may request the Attorney General of the United States to [institute](/usc/16/6703.md?p=4) 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](/usc/16/620e.md?p=11) and the assessment of the civil penalty de novo.
- (d) **Criminal penalties—**
  - (1) Any [person](/usc/16/3371.md?p=f) who—
    - (A) knowingly [imports](/usc/16/3371.md?p=c) or exports any [fish or wildlife](/usc/16/3371.md?p=b) or [plants](/usc/16/3371.md?p=g-1) in [violation](/usc/16/620e.md?p=11) of any provision of this chapter (other than subsections (b), (d), (e), and (f) of [section 3372 of this title](/usc/16/3372.md)), or
    - (B) violates any provision of this chapter (other than subsections (b), (d), (e), and (f) of [section 3372 of this title](/usc/16/3372.md)) 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](/usc/16/3371.md?p=b) or [plants](/usc/16/3371.md?p=g-1) with a market value in excess of $350,

    knowing that the [fish or wildlife](/usc/16/3371.md?p=b) or [plants](/usc/16/3371.md?p=g-1) were [taken](/usc/16/3371.md?p=k-1), possessed, transported, or sold in [violation](/usc/16/620e.md?p=11) 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](/usc/16/620e.md?p=11) shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the [violation](/usc/16/620e.md?p=11) first occurred, but also in any district in which the defendant may have [taken](/usc/16/3371.md?p=k-1) or been in possession of the said [fish or wildlife](/usc/16/3371.md?p=b) or [plants](/usc/16/3371.md?p=g-1).

  - (2) Any [person](/usc/16/3371.md?p=f) who knowingly engages in conduct prohibited by any provision of this chapter (other than subsections (b), (d), (e), and (f) of [section 3372 of this title](/usc/16/3372.md)) and in the exercise of due care should know that the [fish or wildlife](/usc/16/3371.md?p=b) or [plants](/usc/16/3371.md?p=g-1) were [taken](/usc/16/3371.md?p=k-1), possessed, transported, or sold in [violation](/usc/16/620e.md?p=11) 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](/usc/16/620e.md?p=11) shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the [violation](/usc/16/620e.md?p=11) first occurred, but also in any district in which the defendant may have [taken](/usc/16/3371.md?p=k-1) or been in possession of the said [fish or wildlife](/usc/16/3371.md?p=b) or [plants](/usc/16/3371.md?p=g-1).
  - (3) Any [person](/usc/16/3371.md?p=f) who knowingly violates subsection (d) or (f) of [section 3372 of this title](/usc/16/3372.md)—
    - (A) shall be fined under [title 18](/usc/18.md) or imprisoned for not more than 5 years, or both, if the offense involves—
      - (i) the importation or exportation of [fish or wildlife](/usc/16/3371.md?p=b) or [plants](/usc/16/3371.md?p=g-1); or
      - (ii) the sale or purchase, offer of sale or purchase, or [commission](/usc/16/410cc–1.md?p=3) of an act with intent to sell or purchase [fish or wildlife](/usc/16/3371.md?p=b) or [plants](/usc/16/3371.md?p=g-1) with a market value greater than $350; and
    - (B) shall be fined under [title 18](/usc/18.md) or imprisoned for not more than 1 year, or both, if the offense does not involve conduct described in [subparagraph (A)](#d-3-A).
  - (4) Any [person](/usc/16/3371.md?p=f) who knowingly violates [section 3372(e) of this title](/usc/16/3372.md?p=e) shall be fined not more than $20,000, or imprisoned for not more than 5 years, or both. Each [violation](/usc/16/620e.md?p=11) shall be a separate offense and the offense is deemed to have been committed in the district where the [violation](/usc/16/620e.md?p=11) first occurred, and in any district in which the defendant may have [taken](/usc/16/3371.md?p=k-1) or been in possession of the [prohibited wildlife species](/usc/16/3371.md?p=h).
- (e) **Permit sanctions—** The [Secretary](/usc/16/3371.md?p=i) may also suspend, modify, or cancel any Federal hunting or [fishing](/usc/16/7901.md?p=b) license, permit, or stamp, or any license or permit authorizing a [person](/usc/16/3371.md?p=f) to [import](/usc/16/3371.md?p=c) or export [fish or wildlife](/usc/16/3371.md?p=b) or [plants](/usc/16/3371.md?p=g-1) (other than a permit or license issued pursuant to the Magnuson-Stevens [Fishery](/usc/16/1383a.md?p=o-1) [Conservation](/usc/16/6456.md?p=2) and Management Act [[16 U.S.C. 1801](/usc/16/1801.md) et seq.]), or to operate a quarantine station or rescue center for imported wildlife or [plants](/usc/16/3371.md?p=g-1), issued to any [person](/usc/16/3371.md?p=f) who is convicted of a criminal [violation](/usc/16/620e.md?p=11) of any provision of this chapter or any regulation issued hereunder. The [Secretary](/usc/16/3371.md?p=i) 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.

# §3374. Forfeiture

- (a) **In general—**
  - (1) All [fish or wildlife](/usc/16/3371.md?p=b) or [plants](/usc/16/3371.md?p=g-1) bred, possessed, imported, exported, transported, sold, received, acquired, or purchased contrary to the provisions of [section 3372 of this title](/usc/16/3372.md) (other than [section 3372(b) of this title](/usc/16/3372.md?p=b)), 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](/usc/16/3373.md).
  - (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](/usc/16/3371.md?p=b) or [plants](/usc/16/3371.md?p=g-1) in a criminal [violation](/usc/16/620e.md?p=11) of this chapter for which a felony conviction is obtained shall be subject to forfeiture to the United States if (A) the [owner](/usc/16/429b–3.md?p=4) 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](/usc/16/620e.md?p=11) of this chapter, and (B) the [violation](/usc/16/620e.md?p=11) involved the sale or purchase of, the offer of sale or purchase of, or the intent to sell or purchase, [fish or wildlife](/usc/16/3371.md?p=b) or [plants](/usc/16/3371.md?p=g-1).
- (b) **Application of customs laws—** All provisions of law relating to the seizure, forfeiture, and condemnation of property for [violation](/usc/16/620e.md?p=11) 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](/usc/16/3371.md?p=i) or by such [persons](/usc/16/3371.md?p=f) as he may designate: Provided, That any warrant for search or seizure shall be issued in accordance with [rule 41](/usc/18a/crim-41.md) of the Federal Rules of Criminal Procedure.
- (c) **Storage cost—** Any [person](/usc/16/3371.md?p=f) convicted of an offense, or assessed a civil penalty, under [section 3373 of this title](/usc/16/3373.md) shall be liable for the costs incurred in the storage, care, and maintenance of any [fish or wildlife](/usc/16/3371.md?p=b) or [plant](/usc/16/3371.md?p=g-1) seized in connection with the [violation](/usc/16/620e.md?p=11) concerned.
- (d) **Civil forfeitures—** Civil forfeitures under this section shall be governed by the provisions of [chapter 46](/usc/18/chptI-ch46.md) of title 18.

# §3375. Enforcement

- (a) **In general—** The provisions of this chapter and any regulations issued pursuant thereto shall be enforced by the [Secretary](/usc/16/3371.md?p=i), the [Secretary](/usc/16/3371.md?p=i) of Transportation, or the [Secretary](/usc/16/3371.md?p=i) of the Treasury. Such [Secretary](/usc/16/3371.md?p=i) may utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency or any [State](/usc/16/3371.md?p=j) agency or Indian tribe for purposes of enforcing this chapter.
- (b) **Powers—** Any [person](/usc/16/3371.md?p=f) authorized under [subsection (a)](#a) 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](/usc/16/3371.md?p=f)’s presence, or for the [commission](/usc/16/410cc–1.md?p=3) of any felony under the laws of the United States, if the [person](/usc/16/3371.md?p=f) has reasonable grounds to believe that the [person](/usc/16/3371.md?p=f) 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;[^1] Provided, That an arrest for a felony [violation](/usc/16/620e.md?p=11) of this chapter that is not committed in the presence or view of any such [person](/usc/16/3371.md?p=f) and that involves only the transportation, [acquisition](/usc/16/620e.md?p=1), receipt, purchase, or sale of [fish or wildlife](/usc/16/3371.md?p=b) or [plants](/usc/16/3371.md?p=g-1) [taken](/usc/16/3371.md?p=k-1) or possessed in [violation](/usc/16/620e.md?p=11) of any law or regulation of any [State](/usc/16/3371.md?p=j) shall require a warrant; may make an arrest without a warrant for a misdemeanor [violation](/usc/16/620e.md?p=11) of this chapter if he has reasonable grounds to believe that the [person](/usc/16/3371.md?p=f) to be arrested is committing a [violation](/usc/16/620e.md?p=11) in his presence or view; and may execute and serve any subpena, arrest warrant, search warrant issued in accordance with [rule 41](/usc/18a/crim-41.md) 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](/usc/16/3371.md?p=f) so authorized, in coordination with the [Secretary](/usc/16/3371.md?p=i) 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](/usc/16/3371.md?p=f) 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](/usc/16/3371.md?p=b). Any fish, wildlife, [plant](/usc/16/3371.md?p=g-1), property, or item seized shall be held by any [person](/usc/16/3371.md?p=f) authorized by the [Secretary](/usc/16/3371.md?p=i) pending disposition of civil or criminal proceedings, or the institution of an action in rem for forfeiture of such fish, wildlife, [plants](/usc/16/3371.md?p=g-1), property, or item pursuant to [section 3374 of this title](/usc/16/3374.md); except that the [Secretary](/usc/16/3371.md?p=i) may, in lieu of holding such fish, wildlife, [plant](/usc/16/3371.md?p=g-1), property, or item, permit the [owner](/usc/16/429b–3.md?p=4) or consignee to post a bond or other surety satisfactory to the [Secretary](/usc/16/3371.md?p=i).
- (c) **Jurisdiction of district courts—** The several district courts of the United States, including the courts enumerated in [section 460 of title 28](/usc/28/460.md), shall have jurisdiction over any actions arising under this chapter. The venue provisions of [title 18](/usc/18.md) and [title 28](/usc/28.md) 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 certain incidental expenses—** Beginning in fiscal year 1983, the [Secretary](/usc/16/3371.md?p=i) or the [Secretary](/usc/16/3371.md?p=i) of the Treasury shall pay, from sums received as penalties, fines, or forfeitures of property for any [violation](/usc/16/620e.md?p=11) of this chapter or any regulation issued hereunder (1) a reward to any [person](/usc/16/3371.md?p=f) who furnishes information which leads to an arrest, a criminal conviction, civil penalty assessment, or forfeiture of property for any [violation](/usc/16/620e.md?p=11) of this chapter or any regulation issued hereunder, and (2) the reasonable and necessary costs incurred by any [person](/usc/16/3371.md?p=f) in providing temporary care for any fish, wildlife, or [plant](/usc/16/3371.md?p=g-1) pending the disposition of any civil or criminal proceeding alleging a [violation](/usc/16/620e.md?p=11) of this chapter with respect to that fish, wildlife, or [plant](/usc/16/3371.md?p=g-1). The amount of the reward, if any, is to be designated by the [Secretary](/usc/16/3371.md?p=i) or the [Secretary](/usc/16/3371.md?p=i) of the Treasury, as appropriate. Any officer or employee of the United States or any [State](/usc/16/3371.md?p=j) or local government who furnishes information or renders service in the performance of his official duties is ineligible for payment under this subsection.

# §3376. Administration

- (a) **Regulations—**
  - (1) The [Secretary](/usc/16/3371.md?p=i), after consultation with the [Secretary](/usc/16/3371.md?p=i) of the Treasury, is authorized to issue such regulations, except as provided in [paragraph (2)](#a-2), as may be necessary to carry out the provisions of sections [3372(f)](/usc/16/3372.md?p=f), [3373](/usc/16/3373.md), and [3374](/usc/16/3374.md) of this title.
  - (2) The [Secretaries](/usc/16/3371.md?p=i) of the Interior and Commerce shall jointly promulgate specific regulations to implement the provisions of [section 3372(b) of this title](/usc/16/3372.md?p=b) for the marking and labeling of containers or packages containing [fish or wildlife](/usc/16/3371.md?p=b). These regulations shall be in accordance with existing commercial practices.
  - (3) The [Secretary](/usc/16/3371.md?p=i) shall, in consultation with other relevant Federal and [State](/usc/16/3371.md?p=j) agencies, promulgate any regulations necessary to implement [section 3372(e) of this title](/usc/16/3372.md?p=e).
- (b) **Contract authority—** Beginning in fiscal year 1983, to the extent and in the amounts provided in advance in appropriations Acts, the [Secretary](/usc/16/3371.md?p=i) may enter into such contracts, leases, cooperative agreements, or other transactions with any Federal or [State](/usc/16/3371.md?p=j) agency, Indian tribe, public or private institution, or other [person](/usc/16/3371.md?p=f), as may be necessary to carry out the purposes of this chapter.
- (c) **Clarification of exclusions from definition of plant—** The [Secretary](/usc/16/3371.md?p=i) of Agriculture and the [Secretary](/usc/16/3371.md?p=i) 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](/usc/16/3371.md?p=g-2-A) for the purposes of enforcement under this chapter.

# §3377. Exceptions

- (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](/usc/16/3372.md?p=a) shall not apply to any activity regulated by a [fishery](/usc/16/1383a.md?p=o-1) [management plan](/usc/16/460mmm–1.md?p=3) in effect under the Magnuson-Stevens [Fishery](/usc/16/1383a.md?p=o-1) [Conservation](/usc/16/6456.md?p=2) and Management Act ([16 U.S.C. 1801](/usc/16/1801.md) 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](/usc/16/3372.md?p=a) shall not apply to—
  - (1) any activity regulated by the Tuna Conventions Act of 1950 ([16 U.S.C. 951–961](https://uscode.house.gov/view.xhtml?req=(/us/usc/t16/s951–961))) or the Atlantic Tunas Convention Act of 1975 ([16 U.S.C. 971–971(h)](https://uscode.house.gov/view.xhtml?req=(/us/usc/t16/s971–971/h))[^1]); or
  - (2) any activity involving the harvesting of highly migratory species (as defined in [paragraph (14)](/usc/16/3.md) of section 3[^2] of the Magnuson-Stevens [Fishery](/usc/16/1383a.md?p=o-1) [Conservation](/usc/16/6456.md?p=2) and Management Act [[16 U.S.C. 1802(14)](/usc/16/1802.md?p=14)]) [taken](/usc/16/3371.md?p=k-1) on the high seas (as defined in [paragraph (13)](/usc/16/1802.md) of such section 3) if such species are [taken](/usc/16/3371.md?p=k-1) in [violation](/usc/16/620e.md?p=11) 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](/usc/16/3372.md?p=a) shall not apply to the interstate shipment or transshipment through Indian country as defined in [section 1151 of title 18](/usc/18/1151.md) or a [State](/usc/16/3371.md?p=j) of any [fish or wildlife](/usc/16/3371.md?p=b) or [plant](/usc/16/3371.md?p=g-1) legally [taken](/usc/16/3371.md?p=k-1) if the shipment is en route to a [State](/usc/16/3371.md?p=j) in which the [fish or wildlife](/usc/16/3371.md?p=b) or [plant](/usc/16/3371.md?p=g-1) may be legally possessed.

# §3378. Miscellaneous provisions

- (a) **Effect on powers of States—** Nothing in this chapter shall be construed to prevent the several [States](/usc/16/544.md?p=r) or [Indian tribes](/usc/16/544.md?p=g) 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](https://uscode.house.gov/view.xhtml?req=(/us/usc/t16/s851–856))).
  - (2) [Section 667e of this title](/usc/16/667e.md) and sections [43](/usc/18/43.md) and [44](/usc/18/44.md) of title 18 (commonly known as provisions of the Lacey Act).
  - (3) Sections [3054](/usc/18/3054.md) and [3112](/usc/18/3112.md) 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)](#b);
  - (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](/usc/16/3371.md?p=j) or Indian tribe to regulate the activities of [persons](/usc/16/3371.md?p=f) within Indian reservations.
- (d) **Travel and transportation expenses—** The [Secretary](/usc/16/3371.md?p=i) 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](/usc/5/5724.md) for all such special agents appointed after January 1, 1977.
- (e) **Interior appropriations budget proposal—** The [Secretary](/usc/16/3371.md?p=i) shall identify the [funds](/usc/16/1421h.md?p=2) utilized to enforce this chapter and any regulations thereto as a specific appropriations item in the Department of the Interior appropriations budget [proposal](/usc/16/7302.md?p=3) to the Congress.