16 U.S.C. § 3371

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 3371 - Definitions

For the purposes of this chapter:

(a) BREED.-The term "breed" means to facilitate propagation or reproduction (whether intentionally or negligently), or to fail to prevent propagation or reproduction.

(b) The term "fish or wildlife" means any wild animal, whether alive or dead, including without limitation any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, arthropod, coelenterate, or other invertebrate, whether or not bred, hatched, or born in captivity, and includes any part, product, egg, or offspring thereof.

(c) The term "import" means 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 customs laws of the United States.

(d) The term "Indian tribal law" means any regulation of, or other rule of conduct enforceable by, any Indian tribe, band, or group but only to the extent that the regulation or rule applies within Indian country as defined in section 1151 of title 18.

(e) The terms "law," "treaty," "regulation," and "Indian tribal law" mean laws, treaties, regulations or Indian tribal laws which regulate the taking, possession, importation, exportation, transportation, or sale of fish or wildlife or plants.

(f) The term "person" includes any individual, partnership, association, corporation, trust, or any officer, employee, agent, department, or instrumentality of the Federal Government or of any State or political subdivision thereof, or any other entity subject to the jurisdiction of the United States.

(g) PLANT.-

(1) IN GENERAL.-The terms "plant" and "plants" mean any wild member of the plant kingdom, including roots, seeds, parts, or products thereof, and including trees from either natural or planted forest stands.

(2) EXCLUSIONS.-The terms "plant" and "plants" exclude-

(A) common cultivars, except trees, and common food crops (including roots, seeds, parts, or products thereof);

(B) a scientific specimen of plant genetic material (including roots, seeds, germplasm, parts, or products thereof) that is to be used only for laboratory or field research; and

(C) any plant that is to remain planted or to be planted or replanted.

(3) EXCEPTIONS TO APPLICATION OF EXCLUSIONS.-The exclusions made by subparagraphs (B) and (C) of paragraph (2) do not apply if the plant is listed-

(A) in an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249);

(B) as an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or

(C) pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction.

(h) PROHIBITED WILDLIFE SPECIES.-The term "prohibited wildlife species" means any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species.

(i) The term "Secretary" means, except as otherwise provided in this chapter, the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested pursuant to the provisions of Reorganization Plan Numbered 4 of 1970 (84 Stat. 2090); except that with respect to the provisions of this chapter which pertain to the importation or exportation of plants, the term also means the Secretary of Agriculture.

(j) The term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, Northern Mariana Islands, American Samoa, and any other territory, commonwealth, or possession of the United States.

(k) TAKEN AND TAKING.-

(1) TAKEN.-The term "taken" means captured, killed, or collected and, with respect to a plant, also means harvested, cut, logged, or removed.

(2) TAKING.-The term "taking" means the act by which fish, wildlife, or plants are taken.

(l) The term "transport" means to move, convey, carry, or ship by any means, or to deliver or receive for the purpose of movement, conveyance, carriage, or shipment.

16 U.S.C. § 3371

Pub. L. 97-79, §2, Nov. 16, 1981, 95 Stat. 1073; Pub. L. 108-191, §2, Dec. 19, 2003, 117 Stat. 2871; Pub. L. 110-234, title VIII, §8204(a), May 22, 2008, 122 Stat. 1291; Pub. L. 110-246, §4(a), title VIII, §8204(a), June 18, 2008, 122 Stat. 1664, 2052; Pub. L. 117-243, §2(a), Dec. 20, 2022, 136 Stat. 2336.

EDITORIAL NOTES

REFERENCES IN TEXTThis chapter, referred to in the provision preceding subsec. (a) and in subsec. (i), was in the original "this Act" and "the Act", meaning Pub. L. 97-79, Nov. 16, 1981, 95 Stat. 1073, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.The Endangered Species Act of 1973, referred to in subsec. (g)(3)(B), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.Reorganization Plan No. 4 of 1970 (84 Stat. 2090), referred to in subsec. (i), is set out in the Appendix to Title 5, Government Organization and Employees.

CODIFICATION Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to this section. The amendments by Pub. L. 110-234 were repealed by section 4(a) of Pub. L. 110-246.

AMENDMENTS2022-Subsecs. (a) to (l). Pub. L. 117-243 added subsec. (a) and redesignated former subsecs. (a) to (k) as (b) to (l), respectively. 2008-Subsec. (f). Pub. L. 110-246, §8204(a)(1), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: "The terms 'plant' and 'plants' mean any wild member of the plant kingdom, including roots, seeds, and other parts thereof (but excluding common food crops and cultivars) which is indigenous to any State and which is either (A) listed on an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or (B) listed pursuant to any State law that provides for the conservation of species threatened with extinction." Subsec. (h). Pub. L. 110-246, §8204(a)(2), substituted "plants, the term also means" for "plants the term means".Subsec. (j). Pub. L. 110-246, §8204(a)(3), amended subsec. (j) generally. Prior to amendment, subsec. (j) read as follows: "The term 'taken' means captured, killed, or collected." 2003-Subsecs. (g) to (k). Pub. L. 108-191 added subsec. (g) and redesignated former subsecs. (g) to (j) as (h) to (k), respectively.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110-234 by Pub. L. 110-246 effective May 22, 2008, the date of enactment of Pub. L. 110-234 see section 4 of Pub. L. 110-246 set out as an Effective Date note under section 8701 of Title 7, Agriculture.

SHORT TITLE OF 2022 AMENDMENT Pub. L. 117-243, §1, Dec. 20, 2022, 136 Stat. 2336, provided that: "This Act [amending this section, sections 3372 to 3374 and 3376 of this title, and section 1997 of Title 7, Agriculture] may be cited as the 'Big Cat Public Safety Act'."

SHORT TITLE OF 2003 AMENDMENT Pub. L. 108-191, §1, Dec. 19, 2003, 117 Stat. 2871, provided that: "This Act [amending this section and section 3372 of this title and enacting provisions set out as a note under section 3372 of this title] may be cited as the 'Captive Wildlife Safety Act'."

SHORT TITLE Pub. L. 97-79, §1, Nov. 16, 1981, 95 Stat. 1073, provided: "That this Act [enacting this chapter, amending section 1540 of this title and section 42 of Title 18, Crimes and Criminal Procedure, repealing sections 667e and 851 to 856 of this title and sections 43, 44, 3054, and 3112 of Title 18, and enacting provisions set out as a note under section 1540 of this title] may be cited as the 'Lacey Act Amendments of 1981'."