South Carolina LACEY ACT

State:
South Carolina
Control #:
SC-FEDDC-JURY-16-3372
Format:
Rich Text
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Description

Official Pattern Jury Instructions for Criminal Cases in Federal District Court of South Carolina. All converted to Word format. Please see the official site for addional information. http://www.scd.uscourts.gov/pji/

The South Carolina LACEY Act is a wildlife conservation law that was enacted in 2002. It is designed to protect native wildlife and plants and to prevent the introduction of non-native species. The law prohibits the taking, possession, transportation, or sale of any species of wildlife that has been declared as threatened or endangered by the state. It also prohibits the introduction of any non-native species that may be detrimental to native species or ecosystems. The law also makes it illegal to possess wildlife taken or sold in violation of the act. The act has four main components: 1. The Nonnative Wildlife Statute prohibits the importation into South Carolina of any nonnative species that are not native to the state. 2. The Nongame Wildlife Statute prohibits the taking, possession, transportation, or sale of any species of wildlife that has been declared as threatened or endangered by the state. 3. The Habitat Conservation Statute prohibits the alteration of habitat on public lands that would adversely affect native wildlife. 4. The Endangered Species Statute requires the state to develop a list of threatened and endangered species and to provide for their protection. The purpose of the South Carolina LACEY Act is to protect native wildlife species and habitats, to prevent the introduction of harmful non-native species, and to ensure the long-term sustainability of wildlife populations.

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FAQ

The Lacey Act (16 U.S.C. 3371 et seq., the Act) as amended makes it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any plant, with some limited exceptions, taken or traded in violation of the laws of the United States, a U.S. State or a foreign country.

Amphibians, reptiles, mollusks, and crustaceans were given protection under the act through an amendment in 1969. All fish and wildlife protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) were added to protections under the Lacey Act in 1975.

The Lacey Act prohibits international and domestic wildlife trafficking. The Act makes it a separate crime to trade in wildlife, fish, and plants that have been taken in violation of other federal, state, or foreign laws.

For an individual, the criminal penalties are not more than 1 year in prison and a fine of $100,000 or twice the gross gain or loss.

The Lacey Act combats illegal trafficking of wildlife, fish, and plants.

For example, the importation of cockatoo eggs, bear parts, a tiger skeleton, salmon, or live snakes in violation of customs laws is an automatic felony violation of the Lacey Act.

What is the Lacey Act? First enacted in 1900, the Lacey Act combats trafficking of illegally taken wildlife, fish, or plants. The 2008 Farm Bill amended the Lacey Act and extended protections to a broader range of plants and plant products, making it unlawful to import certain products without an import declaration.

Amphibians, reptiles, mollusks, and crustaceans were given protection under the act through an amendment in 1969. All fish and wildlife protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) were added to protections under the Lacey Act in 1975.

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South Carolina LACEY ACT