§ 3371. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3371]
TITLE 16--CONSERVATION
CHAPTER 53--CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE
Sec. 3371. Definitions
For the purposes of this chapter:
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) 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 means the Secretary
of Agriculture.
(h) 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.
(i) The term ``taken'' means captured, killed, or collected.
(j) 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.
(Pub. L. 97-79, Sec. 2, Nov. 16, 1981, 95 Stat. 1073.)
References in Text
This chapter, referred to in the provision preceding par. (a), and
in par. (g), was in the original ``this Act'' and ``the Act'', meaning
Pub. L. 97-79, Nov. 16, 1981, 95 Stat. 1073, known as the Lacey Act
Amendments of 1981, which enacted this chapter; amended section 1540 of
this title and section 42 of Title 18, Crimes and Criminal Procedure;
repealed sections 667e and 851 to 856 of this title and sections 43, 44,
3054, and 3112 of Title 18; and enacted provisions set out as notes
under sections 1540 and 3371 of this title. For complete classification
of this Act to the Code, see Short Title note set out below and Tables.
Reorganization Plan No. 4 of 1970 (84 Stat. 2090), referred to in
par. (g), is set out in the Appendix to Title 5, Government Organization
and Employees.
Short Title
Section 1 of Pub. L. 97-79 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'.''
Section Referred to in Other Sections
This section is referred to in title 7 section 1997.
