legislation: 96-hr-5604
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 96-hr-5604 | 96 | hr | 5604 | Lacey Act of 1980 | Animals | 1979-10-16 | 1980-07-30 | Referred to Senate Committee on Environment and Public Works. | House | Rep. Murphy, John M. [D-NY-17] | NY | D | M001098 | 19 | (Measure passed House, amended) Lacey Act of 1980 - Prohibits any person from : (1) transporting, selling, or acquiring in any jurisdiction any fish, wildlife, or plant taken, possessed, transported, or sold in violation of any law governing such jurisdiction or in violation of any Indian tribal law; (2) making any false document concerning any fish, wildlife, or plant transported in interstate or foreign commerce; (3) assaulting or impeding any person enforcing this Act; or (4) attempting or causing any such offense. Declares it unlawful to import, export, or transport in interstate or foreign commerce any container or package containing any fish or wildlife unless such container or package has been labeled in accordance with Federal regulations. Sets forth civil and criminal penalties for violations of this Act and the administrative procedure regarding the assessment of civil penalties. Authorizes the Secretary of the Interior and the Secretary of Commerce to suspend, modify, or cancel any Federal license or permit for hunting, fishing, importing, or exporting fish, wildlife, or plants or operating a quarantine station or rescue center for imported wildlife or plants issued to any person who is convicted of a criminal violation of this Act. Declares that all fish, wildlife, or plants transported, sold, or acquired in violation of this Act and all vehicles and equipment used in such offense shall be subject to forfeiture to the United States. Specifies that such vehicles and equipment shall be subject to forfeiture only if the owner, master, or conductor was a consenting party to the alleged illegal act. Authorizes the Secretaries of the Treasury, the Interior, Commerce, and Transportation to utilize by agreement the personnel and facilities of any Federal or State agency to enforce this Act. Permits any person authorized to enforce this Act to: (1) carry firearms; (2) make an arrest without a warrant on reasonable grounds; (3) execute and serve warrants; (4) detain and inspect any vehicle or package upon entering or prior to leaving the United States or (6) hold a seized item pending the disposition of proceedings. Grants jurisdiction to the district courts of the United States for actions arising under this Act. Directs that, beginning in fiscal year 1982, the Secretaries of the Interior, the Treasury, and Commerce shall pay rewards to persons who furnish information leading to criminal conviction, civil penalty assessment, or forfeiture of property for a violation of this Act. Authorizes the Secretary, after consultation with the Secretary of the Treasury, to issue regulations to carry out this Act. Directs the Secretaries of the Interior and Commerce to jointly promulgate regulations governing the marking and labeling of containers or packages containing fish or wildlife in interstate or foreign commerce. Provides for congressional review of all regulations promulgated pursuant to this Act. Sets forth procedures for such review. States that the provisions of the Act shall not apply to: (1) any activity regulated by a fishery management plan in effect under this Fishery Conservation and Management Act of 1976; (2) any activity regulated by the Tuna Conventions Act of 1950 or the Atlantic Tunas Convention Act of 1975; and (3) any activity involving the taking of migratory species on the high seas in violation of the laws of a foreign nation if the United States does not recognize the jurisdiction of the nation over such species. Permits States to make and enforce laws which are consistent with this Act. Repeals specified provisions of Federal law concerning commerce in fish and wildlife. Transfers from the Secretary of the Treasury to the Secretary of the Interior the authority to prescribe requirements and issue permits for the importation of wild animals and birds. | 2025-01-14T17:12:38Z |