Lacey Act Amendments of 1981

Summary

Lacey Act Amendments of 1981 - Repeals provisions of Federal law prohibiting commerce in wildlife and fish (the Lacey and Black Bass Acts). Sets forth prohibitions against trade in any fish or wildlife taken or possed in violation of Federal, Indian tribal, State, or foreign law. Adds a new prohibition against trade in plants which are subject to State conservation of species laws. Increases the maximum civil penalties for violations to $10,000 (currently, $5,000 under the Lacey Act and $200 under the Black Bass Act). Establishes a strict liability penalty of up to $250 for transporting fish or wildlife in violation of the labeling requirements. Increases the maximum criminal penalties to a $20,000 fine and/or five years' imprisonment (currently, $10,000 and/or one year under the Lacey Act and $200 and/or three months' imprisonment). Stipulates that a conviction under this Act shall require only proof that the defendant knew there was conduct in violation of the underlying law, treaty, or regulation. Subjects all fish, wildlife, or plants traded in violation of this Act to forfeiture to the United States, regardless of the culpability requirements for civil penalties or criminal prosecution. Stipulates that vehicles and equipment shall be subject to such forfeiture only if the owner or conductor was a consenting party to the 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 or Indian tribe to enforce this Act. Permits any person authorized to enforce this Act to carry firearms, make an arrest without a warrant on reasonable grounds, execute and serve warrants, detain and inspect a vehicle or package upon entering or prior to leaving the United States, or hold a seized item pending the disposition of proceedings. Directs that, beginning in fiscal year 1982, the Secretaries of the Interior, the Treasury, or Commerce shall pay rewards to persons who furnish information leading to a conviction, assessment, or forfeiture for violations of this Act. Directs the Secretaries of the Interior and Commerce to promulgate jointly regulations to implement the labeling requirements of this Act (governing packages containing fish or wildlife in interstate or foreign commerce) in accordance with existing commercial practices. Grants jurisdiction to the Federal district courts for actions arising under this Act. Transfers from the Secretary of the Treasury to prescribe requirements and issue permits for the importation of wild animals and birds under humane and healthful conditions. Amends the Endangered Species Act of 1973 to direct the payment of rewards for information leading to a conviction, assessment or forfeiture (currently, such payments are discretionary).

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Documents

4 official files

• Public Law (PDF)

  Public Law · EN · 17 November 1981

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• Passed Senate amended

  summary · EN · 24 July 1981

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• Reported to Senate with amendment(s)

  summary · EN · 21 May 1981

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• Introduced in Senate

  summary · EN · 19 March 1981

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