When the FBI Comes Calling…®
ENVIRONMENTAL CRIMES (continued)
Trafficking in Flora and Fauna
The Lacey Act, 16 U.S.C. § 3372.
The Crime
Under this law, it is a crime for any person
- to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation or any law, treaty, or regulation of the United States or in violation of any Indian tribal law;
- to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce—
- 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;
- any plant taken, possessed, transported, or sold in violation of any law or regulation of any State; or
- any prohibited wildlife species
- within the special maritime and territorial jurisdiction of the United States (which is discussed in more detail, here.
- 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
- to possess any plant taken, possessed, transported, or sold in violation of any law or regulation of any State; or
- to attempt to commit any such act. 16 U.S.C. § 3372(a).
It is also a crime for a 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 marked, labeled, or tagged in accordance to specific regulations. Id. § 3372(b).
It is also 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—
- imported, exported, transported, sold, purchased, or received from any foreign country; or
- transported in interstate or foreign commerce. Id. § 3372(d).
The Punishment
Any person who
- knowingly imports or exports any fish or wildlife or plants in violation of section 3372 (other than subsections (b) and (d)), or
- violates any of section 3372 (other than subsections (b) and (d)) by knowingly engaging in conduct that involves the sale or purchase of, the offer of sale or purchase of, or the intent to sell or purchase, fish or wildlife or plants with a market value in excess of $ 350,
knowing that the fish or wildlife or plants were taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any underlying law, treaty or regulation,
- shall be fined not more than $ 20,000, or imprisoned for not more than five years, or both.
Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any district in which the defendant may have taken or been in possession of the said fish or wildlife or plants. Id. § 3373(d)(1).
Any person who
- knowingly engages in conduct prohibited by any provision of section 3372 (other than subsections (b) and (d)) and in the exercise of due care should know that the fish or wildlife or plants were taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any underlying law, treaty or regulation
shall be fined not more than $ 10,000, or imprisoned for not more than one year, or both.
Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any district in which the defendant may have taken or been in possession of the said fish or wildlife or plants. Id. § 3373(d)(2).
Any person who knowingly violates section 3372(d)—
- shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both, if the offense involves—
- the importation or exportation of fish or wildlife or plants; or
- the sale or purchase, offer of sale or purchase, or commission of an act with intent to sell or purchase fish or wildlife or plants with a market value greater than $ 350; and
- shall be fined under title 18, United States Code, or imprisoned for not more than 1 year, or both, if the offense does not involve such conduct. Id § 3373(d)(3).
Case Law Interpreting Section 3372
When a court interprets a foreign country's laws and regulations regarding fish and wildlife, it must interpret the laws as they stood at the time the individual was indicted and convicted. United States v. McNab, 324 F.3d 1266 (11th Cir. 2003). The fact that Honduras changed its domestic laws to no longer make it a crime for a person to traffic in that country's lobsters. Id. (We discussed Mr. McNab's habeas petition on our transnational crimes blog in October, which you can view here.)Early in February 2006, six individuals were indicted under the Lacey Act for catching and selling undersized leopard sharks. We discussed those individuals' case on our transnational crimes blog, here.