9.14 Lacey Act-False Labeling of Fish, Wildlife or Plants (16 U.S.C. Sec. 3372(d) and 3373(d)(3))

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

The 9.14 Lacey Act False Labeling of Fish, Wildlife or Plants (16 U.S.C. Sec. 3372(d) and 3373(d)(3)) is a federal law that prohibits the import, export, and sale of fish, wildlife, or plants that are falsely labeled or misrepresented. This law applies to any person or entity that engages in the import, export, or sale of a fish, wildlife, or plant species, including individuals, businesses, and organizations. The Lacey Act provides protection for fish, wildlife, and plants by prohibiting the importation, exportation, and sale of species that have been labeled incorrectly or misrepresented. This law also prohibits the transport of any falsely labeled or misrepresented fish, wildlife, or plants in interstate or foreign commerce. The Lacey Act also requires that any person or entity who engages in the import, export, or sale of fish, wildlife, or plants must maintain accurate records of the transactions. The Lacey Act False Labeling of Fish, Wildlife or Plants (16 U.S.C. Sec. 3372(d) and 3373(d)(3)) has two distinct categories of violations. The first category is for the intentional misrepresentation of a species of fish, wildlife, or plant, which includes the mislabeling or identification of a species. The second category is for the unintentional misrepresentation of a species of fish, wildlife, or plant, which includes the mislabeling or identification of a species due to negligence or ignorance. The penalties for violating the Lacey Act False Labeling of Fish, Wildlife or Plants (16 U.S.C. Sec. 3372(d) and 3373(d)(3)) can include fines, jail time, or both. The exact penalty will vary depending on the severity of the violation. In addition, any person or entity found to be in violation of this law may also be subject to civil penalties.

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FAQ

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.

It is unlawful for any person to import, export, transport, sell, receive, acquire, possess, or purchase any fish, wildlife, or plant taken, possessed, transported, or sold in violation of any Federal, State, foreign, or Indian tribal law, treaty, or regulation. 16 U.S.C. § 3372.

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

The Act. The Lacey Act, initially enacted in 1900, is a United States law that bans trafficking in fish, wildlife, or plants that are illegally taken, possessed, transported, or sold.

The 2008 Farm Bill amended the Lacey Act (16 U.S.C. §§ 3371-3378) and extended its protections to a broad range of plants and plant products, making it unlawful to import into the United States any plant or plant product that was illegally harvested.

The Lacey Act, initially enacted in 1900, is a United States law that bans trafficking in fish, wildlife, or plants that are illegally taken, possessed, transported, or sold.

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

It is unlawful for any person to import, export, or transport in interstate commerce any container or package containing any fish or wildlife unless the container or package has previously been plainly marked, labeled, or tagged in ance with the regulations issued pursuant to paragraph (2) of section 3376(a) of

More info

This instruction is for use in any case involving a violation of 16 U.S.C. § 3373(d)(3). For the illegal taking, acquiring, receiving, transporting, or possessing of fish or wildlife.(B) a hunting or fishing license or permit;. (d) False labeling offenses. (c) Sale and purchase of guiding and outfitting services and invalid licenses and permits. U.S.C. §§ 3372 and 3373(d)(2)). 9.12. 9.14. Lacey Act—False Labeling of Fish, Wildlife or Plants. Lacey ActFalse Labeling of Fish, Wildlife or Plants. (16 U.S.C. §§ 3372(d) and 3373(d)(3)).

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9.14 Lacey Act-False Labeling of Fish, Wildlife or Plants (16 U.S.C. Sec. 3372(d) and 3373(d)(3))