The 9.13 Lacey Act-Defendant Should Have Known That Fish, Wildlife or Plants Were Illegally Taken is a provision of the Lacey Act, which is a federal law that prohibits the trade of illegally taken wildlife, fish, and plants. It applies to any person who has knowledge that a fish, wildlife, or plant has been taken, possessed, transported, or sold in violation of any federal, state, tribal, or foreign law, rule, or regulation. This provision requires that the defendant should have known that the fish, wildlife, or plants were illegally taken, possessed, transported, or sold in violation of the law. There are two types of 9.13 Lacey Act-Defendant Should Have Known That Fish, Wildlife or Plants Were Illegally Taken. The first type is when the defendant has actual knowledge that the fish, wildlife, or plants were illegally taken, possessed, transported, or sold. The second type is when the defendant should have known that the fish, wildlife, or plants were illegally taken, possessed, transported, or sold, due to facts that were available to the defendant.
9.13 Lacey Act-Defendant Should Have Known That Fish, Wildlife or Plants Were Illegally Taken
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FAQ
The Lacey Act combats illegal trafficking of wildlife, fish, and plants.
The Lacey Act, 16 U.S.C. §§ 3371-3378 , protects both plants and wildlife by creating civil and criminal penalties for a wide array of violations. Most notably, the Act prohibits trade in wildlife, fish, and plants that have been illegally taken, possessed, transported or sold.
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.
The Lacey Act, as amended in 1981 and 2008, prohibits the importation, exportation, transportation, sale, receipt, acquisition, or purchase of any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or any Indian tribal law, or foreign law
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.
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
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.