The Lacey Act (16 U.S.C. 3371-3378) is a federal law enacted in 1900 to protect plants and animals from poaching, illegal trafficking, and the introduction of invasive species. Under the Lacey Act, it is illegal to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any species of fish, wildlife, or plants that have been taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law. There are two main types of Lacey Act violations related to the import or export of illegally taken fish, wildlife, or plants: intentional violators and inadvertent violators. Intentional violators are those who knowingly and willfully violate the Lacey Act, while inadvertent violators are those who unknowingly or unintentionally violate the Act. The penalty for a Lacey Act violation can include imprisonment of up to five years, a fine of up to $250,000, and/or forfeiture of any illegally taken fish, wildlife, or plants.
9.11 Lacey Act-Import or Export of Illegally Taken Fish, Wildlife or Plants
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Criminal and civil penalties under the Lacey Act vary depending on the offender's level of culpability and exercise of ?due care.? For knowing violations, the Lacey Act imposes criminal penalties of up to five years' imprisonment and a maximum fine of $250,000 for individuals and $500,000 for organizations for each
The Lacey Act combats illegal trafficking of wildlife, fish, and plants.
In 1900, under the oversight of the U.S. Department of Agriculture, the newly enacted law prohibited the importation of any foreign wild mammal or bird to protect agriculture and horticulture, with exceptions only by permit.
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.
The Lacey Act, as amended, makes it a crime to traffic in plants or plant products when, in the exercise of due care, the person should know that the plant or plant product was taken, possessed, transported or sold illegally.
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.
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.