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18 USC Sec. 42 01/03/2007
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 3 - ANIMALS, BIRDS, FISH, AND PLANTS
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Sec. 42. Importation or shipment of injurious mammals, birds, fish
(including mollusks and crustacea), amphibia, and reptiles;
permits, specimens for museums; regulations
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(a)(1) The importation into the United States, any territory of
the United States, the District of Columbia, the Commonwealth of
Puerto Rico, or any possession of the United States, or any
shipment between the continental United States, the District of
Columbia, Hawaii, the Commonwealth of Puerto Rico, or any
possession of the United States, of the mongoose of the species
Herpestes auropunctatus; of the species of so-called "flying foxes"
or fruit bats of the genus Pteropus; of the zebra mussel of the
species Dreissena polymorpha; and such other species of wild
mammals, wild birds, fish (including mollusks and crustacea),
amphibians, reptiles, brown tree snakes, or the offspring or eggs
of any of the foregoing which the Secretary of the Interior may
prescribe by regulation to be injurious to human beings, to the
interests of agriculture, horticulture, forestry, or to wildlife or
the wildlife resources of the United States, is hereby prohibited.
All such prohibited mammals, birds, fish (including mollusks and
crustacea), amphibians, and reptiles, and the eggs or offspring
therefrom, shall be promptly exported or destroyed at the expense
of the importer or consignee. Nothing in this section shall be
construed to repeal or modify any provision of the Public Health
Service Act or Federal Food, Drug, and Cosmetic Act. Also, this
section shall not authorize any action with respect to the
importation of any plant pest as defined in the Federal Plant Pest
Act,(!1) insofar as such importation is subject to regulation under
that Act.
(2) As used in this subsection, the term "wild" relates to any
creatures that, whether or not raised in captivity, normally are
found in a wild state; and the terms "wildlife" and "wildlife
resources" include those resources that comprise wild mammals, wild
birds, fish (including mollusks and crustacea), and all other
classes of wild creatures whatsoever, and all types of aquatic and
land vegetation upon which such wildlife resources are dependent.
(3) Notwithstanding the foregoing, the Secretary of the Interior,
when he finds that there has been a proper showing of
responsibility and continued protection of the public interest and
health, shall permit the importation for zoological, educational,
medical, and scientific purposes of any mammals, birds, fish
(including mollusks and crustacea), amphibia, and reptiles, or the
offspring or eggs thereof, where such importation would be
prohibited otherwise by or pursuant to this Act, and this Act shall
not restrict importations by Federal agencies for their own use.
(4) Nothing in this subsection shall restrict the importation of
dead natural-history specimens for museums or for scientific
collections, or the importation of domesticated canaries, parrots
(including all other species of psittacine birds), or such other
cage birds as the Secretary of the Interior may designate.
(5) The Secretary of the Treasury and the Secretary of the
Interior shall enforce the provisions of this subsection, including
any regulations issued hereunder, and, if requested by the
Secretary of the Interior, the Secretary of the Treasury may
require the furnishing of an appropriate bond when desirable to
insure compliance with such provisions.
(b) Whoever violates this section, or any regulation issued
pursuant thereto, shall be fined under this title or imprisoned not
more than six months, or both.
(c) The Secretary of the Interior within one hundred and eighty
days of the enactment of the Lacey Act Amendments of 1981 shall
prescribe such requirements and issue such permits as he may deem
necessary for the transportation of wild animals and birds under
humane and healthful conditions, and it shall be unlawful for any
person, including any importer, knowingly to cause or permit any
wild animal or bird to be transported to the United States, or any
Territory or district thereof, under inhumane or unhealthful
conditions or in violation of such requirements. In any criminal
prosecution for violation of this subsection and in any
administrative proceeding for the suspension of the issuance of
further permits -
(1) the condition of any vessel or conveyance, or the
enclosures in which wild animals or birds are confined therein,
upon its arrival in the United States, or any Territory or
district thereof, shall constitute relevant evidence in
determining whether the provisions of this subsection have been
violated; and
(2) the presence in such vessel or conveyance at such time of a
substantial ratio of dead, crippled, diseased, or starving wild
animals or birds shall be deemed prima facie evidence of the
violation of the provisions of this subsection.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 687; May 24, 1949, ch. 139, Sec.
2, 63 Stat. 89; Pub. L. 86-702, Sec. 1, Sept. 2, 1960, 74 Stat.
753; Pub. L. 97-79, Sec. 9(d), Nov. 16, 1981, 95 Stat. 1079; Pub.
L. 101-646, title I, Sec. 1208, Nov. 29, 1990, 104 Stat. 4772; Pub.
L. 102-237, title X, Sec. 1013(e), Dec. 13, 1991, 105 Stat. 1901;
Pub. L. 103-322, title XXXIII, Sec. 330016(1)(G), Sept. 13, 1994,
108 Stat. 2147; Pub. L. 104-332, Sec. 2(h)(1), Oct. 26, 1996, 110
Stat. 4091.)
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HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 18, U.S.C., 1940 ed., Secs. 391, 394 (Mar. 4,
1909, ch. 321, Secs. 241, 244, 35 Stat. 1137, 1138; June 15, 1935,
ch. 261, title II, Sec. 201, 49 Stat. 381; Reorg. Plan No. II, Sec.
4(f), 4 F.R. 2731, 53 Stat. 1433).
This section consolidates the provisions of sections 391 and 394
of title 18, U.S.C., 1940 ed., as subsections (a) and (b),
respectively.
In subsection (a) the words "Territory or District thereof" were
omitted as unnecessary in view of the definition of the United
States in section 5 of this title.
In subsection (b) the words "upon conviction thereof", were
omitted as surplusage because punishment can only be imposed after
conviction.
The amount of the fine was reduced from $1,000 to $500, thus
making the violation a petty offense as defined in section 1 of
this title. (See also section 41 of this title which provides a
similar punishment.)
Minor verbal changes were also made.
1949 ACT
This section [section 2] incorporates in section 42 of title 18,
U.S.C., with slight changes in phraseology, the provisions of act
of June 29, 1948 (ch. 716, 62 Stat. 1096), which became law
subsequent to the enactment of the revision of title 18.
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REFERENCES IN TEXT
The Public Health Service Act, referred to in subsec. (a)(1), is
act July 1, 1944, ch. 373, 58 Stat. 682, as amended, which is
classified generally to chapter 6A (Sec. 201 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 201 of
Title 42 and Tables.
The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
(a)(1), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,
which is classified generally to chapter 9 (Sec. 301 et seq.) of
Title 21, Foods and Drugs. For complete classification of this Act
to the Code, see section 301 of Title 21 and Tables.
The Federal Plant Pest Act, referred to in subsec. (a)(1), is
Pub. L. 85-36, title I, May 23, 1957, 71 Stat. 31, as amended,
which was classified generally to chapter 7B (Sec. 150aa et seq.)
of Title 7, Agriculture, prior to repeal by Pub. L. 106-224, title
IV, Sec. 438(a)(2), June 20, 2000, 114 Stat. 454. For complete
classification of this Act to the Code, see Tables.
This Act, referred to in subsec. (a)(3), probably refers to Pub.
L. 86-702, which amended this section and section 43 of this title.
The enactment of the Lacey Act Amendments of 1981, referred to in
subsec. (c), means the date of enactment of Pub. L. 97-79, which
was approved Nov. 16, 1981.
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AMENDMENTS
1996 - Subsec. (a)(1). Pub. L. 104-332 made technical amendment
to Pub. L. 101-646, Sec. 1208. See 1990 Amendment note below.
1994 - Subsec. (b). Pub. L. 103-322 substituted "fined under this
title" for "fined not more than $500".
1991 - Subsec. (a)(1). Pub. L. 102-237 inserted "brown tree
snakes," after "reptiles," in first sentence.
1990 - Subsec. (a)(1). Pub. L. 101-646, as amended by Pub. L. 104-
332, inserted "of the zebra mussel of the species Dreissena
polymorpha;" after "Pteropus;".
1981 - Subsec. (c). Pub. L. 97-79 substituted "Secretary of the
Interior within one hundred and eighty days of the enactment of the
Lacey Act Amendments of 1981" for "Secretary of the Treasury".
1960 - Pub. L. 86-702 substituted "Importation or shipment of
injurious mammals, birds, fish (including mollusks and crustacea),
amphibia and reptiles; permits; specimens for museums; regulations"
for "Importation of injurious animals and birds; permits; specimens
for museums" in section catchline.
Subsec. (a)(1). Pub. L. 86-702 designated first sentence of
subsec. (a) as par. (1), prohibited importation into the
Commonwealth of Puerto Rico or any possession of the United States
and shipments between the continental United States, the District
of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any
possession of the United States, described the mongoose and flying
foxes by their scientific names, extended the provisions
prohibiting importation or shipment to include wild mammals, wild
birds, fish (including mollusks and crustacea), amphibians,
reptiles, or their eggs or offspring, empowered the Secretary to
prohibit importation or shipment if injurious to human beings,
forestry, or to wildlife or wildlife resources, required prompt
exportation or destruction at the expense of the importer or
consignee, provided that this section shall not be construed to
repeal or modify any provision of the Public Health Service Act or
Federal Food, Drug, and Cosmetic Act and that it shall not
authorize any action with respect to the importation of plant
pests, and deleted provisions which required destruction of
prohibited birds and animals or their return at the expense of the
owner, and which prohibited the importation of the English sparrow
and the starling.
Subsec. (a)(2), (3). Pub. L. 86-702 added pars. (2) and (3).
Subsec. (a)(4). Pub. L. 86-702 designated second sentence of
subsec. (a) as par. (4), limited importation of natural-history
specimens to dead ones, and included all species of psittacine
birds.
Subsec. (a)(5). Pub. L. 86-702 designated third sentence of
subsec. (a) as par. (5), authorized enforcement by the Secretary of
the Interior, and permitted the Secretary of the Treasury, if
requested by the Secretary of the Interior, to require the
furnishing of a bond.
Subsec. (b). Pub. L. 86-702 included violations of regulations.
1949 - Subsec. (a). Act May 24, 1949, made section applicable to
any Territory or district thereof as well as to the United States,
and changed phraseology.
Subsec. (b). Act May 24, 1949, reenacted subsec. (b) without
change.
Subsec. (c). Act May 24, 1949, added subsec. (c).
INVASIVE SPECIES
For provisions relating to restrictions on the introduction of
invasive species into natural ecosystems of the United States, see
Ex. Ord. No. 13112, Feb. 3, 1999, 64 F.R. 6183, set out as a note
under section 4321 of Title 42, The Public Health and Welfare.