§ 3372. — Prohibited acts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3372]
TITLE 16--CONSERVATION
CHAPTER 53--CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE
Sec. 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, or
(B) any plant taken, possessed, transported, or sold in
violation of any law or regulation of any State;
(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; \1\
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\1\ So in original. Probably should be followed by ``or''.
(4) to attempt to commit any act described in paragraphs (1)
through (4).\2\
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\2\ So in original. Probably should refer to pars. (1) through (3).
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(b) Marking offenses
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 accordance with the regulations issued
pursuant to paragraph (2) of section 3376(a) of this title.
(c) Sale and purchase of guiding and outfitting services and invalid
licenses and permits
(1) Sale
It is deemed to be a sale of fish or wildlife in violation of
this chapter for a person for money or other consideration to offer
or provide--
(A) guiding, outfitting, or other services; or
(B) a hunting or fishing license or permit;
for the illegal taking, acquiring, receiving, transporting, or
possessing of fish or wildlife.
(2) Purchase
It is deemed to be a purchase of fish or wildlife in violation
of this chapter for a person to obtain for money or other
consideration--
(A) guiding, outfitting, or other services; or
(B) a hunting or fishing license or permit;
for the illegal taking, acquiring, receiving, transporting, or
possessing of fish or wildlife.
(d) False labeling offenses
It is unlawful for any person to make or submit any false record,
account, or label for, or any false identification of, any fish,
wildlife, or plant which has been, or is intended to be--
(1) imported, exported, transported, sold, purchased, or
received from any foreign country; or
(2) transported in interstate or foreign commerce.
(Pub. L. 97-79, Sec. 3, Nov. 16, 1981, 95 Stat. 1074; Pub. L. 100-653,
title I, Sec. 101, Nov. 14, 1988, 102 Stat. 3825.)
Amendments
1988--Subsec. (a)(1). Pub. L. 100-653, Sec. 101(1), substituted
``taken, possessed, transported, or sold'' for ``taken or possessed''.
Subsec. (a)(4), (5). Pub. L. 100-653, Sec. 101(2), redesignated par.
(5) as (4) and struck out former par. (4), which made it unlawful for
any person having imported, exported, transported, sold, purchased, or
received any fish or wildlife or plant imported from any foreign country
or transported in interstate or foreign commerce, to make or submit any
false record, account, label, or identification thereof.
Subsecs. (c), (d). Pub. L. 100-653, Sec. 101(3), added subsecs. (c)
and (d).
Section Referred to in Other Sections
This section is referred to in sections 3373, 3374, 3376, 3377, 4912
of this title; title 39 section 3015.
