Lacey Act

Scope

The Lacey Act is an umbrella statute for additional protection of wildlife species and plants taken or possessed in violation of state, tribal, foreign, or U.S. law. Trees and plant products were added to the Lacey Act in 2008 —previously only endangered plants were covered under the act. The act provides authority to detain and inspect; and, prohibits falsifying documents used for wildlife shipments and failing to mark wildlife shipments. Violators are subject to civil and criminal penalties.

Regulatory citations

• 18 U.S.C. 42 — Lacey Act
• 50 CFR 14 — Importation, Exportation and Transportation of Wildlife
• 50 CFR 16 — Species Listed as Injurious Wildlife under the Lacey Act
• 50 CFR 24 — Importation and Exportation of Plants

Key definitions

• Import: To land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the tariff laws of the United States.
• Injurious wildlife: Any wildlife for which a permit is required under Subpart B of Part 16 of this Subchapter before being imported into or shipped between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States.
• Take: To pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect.

Summary of requirements

Under the Lacey Act, importers of certain plants, plant products, and items that contain plant materials, are required to submit a declaration stating the imported plant’s scientific name, value, quantity, and country where the plant was harvested.

The Lacey Act also requires that “any container or package containing any fish or wildlife ... [be] plainly marked, labeled, or tagged” in accordance with regulations jointly issued by the Secretary of Interior and Commerce. The U.S. Fish and Wildlife Service (USFWS) enforces the wildlife aspects of the Lacey Act.

The injurious wildlife provision of the Lacey Act enables USFWS to manage the importation of any wildlife species deemed “injurious to the health and welfare of humans, the interests of agriculture, horticulture or forestry, and the welfare and survival of wildlife resources of the U.S.” The injurious species language in the Lacey Act has become the primary vehicle in the U.S. for preventing the introduction and spread of invasive species and pathogens.

Penalties. The Act prohibits trade in wildlife, fish, and plants that have been taken, possessed, transported or sold in violation of other federal, state, or foreign laws. Thus, the Act makes it a separate offense to traffic in wildlife, fish, or plants that have been illegally acquired. The Act also prohibits the falsification of documents for most shipments of wildlife (criminal penalty) and the failure to mark shipments of wildlife (civil penalty). A guide who provides an illegal hunt can be convicted if he or she knew of the illegal import or export of the species or if he or she had been involved in the sale or purchase of a species with a market value greater than $350.

Under the Act, violators are subject to civil and criminal penalties. The criminal penalty depends on the offender’s conduct and the market value of the species at issue. For a felony, the maximum penalty is $20,000 and/or up to five years imprisonment. For a misdemeanor, the maximum penalty is $10,000 and/or up to one-year imprisonment. The maximum civil penalty is $10,000 and includes negligent violations of the Act. Violators can also face forfeiture of their equipment.