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title 16 u.s. code section 3372(a)

darthjadden Nov 04, 2006 03:41 PM

I was just looking for anyones input on what they may be talking about as far as violations on this????

TITLE 16 > CHAPTER 53 > § 3372 Prev | Next

§ 3372. Prohibited acts

(a) Offenses other than marking offenses
It is unlawful for any person—
(1) to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law;
(2) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce—
(A) any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law;
(B) any plant taken, possessed, transported, or sold in violation of any law or regulation of any State; or
(C) any prohibited wildlife species (subject to subsection (e) of this section);
(3) within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18)—
(A) to possess any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law or Indian tribal law, or
(B) to possess any plant taken, possessed, transported, or sold in violation of any law or regulation of any State; or
(4) to attempt to commit any act described in paragraphs (1) through (3).

thanks
the roadrunner
beep beep

Replies (3)

Katrina Nov 23, 2006 10:42 PM

Isn't this the Lacey Act?

As I understand it, if you violate a state law by taking out or bringing in an animal across state lines, it's a violation of the federal Lacey Act. For example, if you collect wild wood turtles in MD (a violation of MD regulations) and sell them in another state, you've broken the Lacey Act. If you sell an animal out-of-state outside of the normal season, that's a violation.

Katrina
-----
1.2 Eastern Muds - Fred, Ethel, Edith
0.1 Iguana - Tiffel
0.1 Bearded Dragon - Foster
Foster turtles: More than I'd like the husband to know about.

darthjadden Nov 29, 2006 07:23 PM

Ok you say if the animal is wild caught then it is a violation but what if the animal is captive bred??? Then there should be no problems yes??

Katrina Nov 29, 2006 09:49 PM

Depends on your state regulations. If they allow for captive breeding in the state, or allow animals to be brought into the state, and you have proof of the fact that they were CB for example, then I would think it was OK.

But, basically, if you are breaking a state reg or law by bringing in or taking out an animal across state lines in violation of a state regulation or law, then that's also a violation of the federal Lacey Act.

Katrina

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