---
kind: "section"
citation: "16 U.S.C. § 3377"
title: "16"
title_heading: "Conservation"
number: "3377"
heading: "Exceptions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/3377"
units:
  - "Chapter 53 — Control of Illegally Taken Fish and Wildlife"
---

# §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 [management plan](/usc/16/544.md?p=k) in effect under the Magnuson-Stevens Fishery Conservation 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 Conservation 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.

## Footnotes

[^1]: So in original. Probably was meant to be “971–971h”.
[^2]: See References in Text note below.

## Source credit

(Pub. L. 97–79, § 8, Nov. 16, 1981, 95 Stat. 1078.)

## Notes

### Editorial Notes

### 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, which is classified principally to chapter 38 (§ 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, which is classified generally to chapter 16 (§ 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, which is classified generally to chapter 16A (§ 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.

Section 3 of the Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b)(2), was subsequently amended, and pars. (13) and (14) of section 3 no longer define the terms “high seas” and “highly migratory species”. However, such terms are defined elsewhere in that section.

### 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, § 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, § 101(a) [title II, § 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.