Lapas attēli
PDF
ePub

title VII, $ 7089(a), Nov. 18, 1988, 102 Stat. 4409.)

[ocr errors]
[blocks in formation]
[ocr errors][merged small]

When used in this chapter the term

“Aircraft engine”, “air navigation facility”, "appliance”, “civil aircraft”, “foreign air commerce", "interstate air commerce", "landing area", "overseas air commerce", "propeller”, "spare part” and “special aircraft jurisdiction of the United States" shall have the meaning ascribed to those terms in the Federal Aviation Act of 1958, as amended.

"Motor vehicle" means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo;

"Destructive substance" means any explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or matter of a combustible, contaminative, corrosive, or explosive nature;

“Used for commercial purposes” means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit;

“In flight” means any time from the moment all the external doors of an aircraft are closed following embarkation until the moment when any such door is opened for disembarkation. In the case of a forced landing the flight shall be deemed to continue until competent authorities take over the responsibility for the aircraft and the persons and property on board; and

“In service" means any time from the beginning of preflight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing; the period of service shall, in any event, extend for the entire period during which the aircraft is in flight. (Added July 14, 1956, ch. 595, § 1, 70 Stat. 538, and amended Oct. 12, 1984, Pub. L. 98-473, title II, $$ 1010, 2013(a), 98 Stat. 2141, 2187; Nov. 18, 1988, Pub. L. 100-690, title VII, $ 7015, 102 Stat. 4395.)

ed, which is classified principally to chapter 20 ($ 1301 et seq.) of Title 49, Appendix, Transportation. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 49, Appendix, and Tables.

AMENDMENTS 1988–Pub. L. 100-690 substituted “door is opened" for "door in opened" in definition of "in flight".

1984-Pub. L. 98-473, $ 2013(a)(1), in first par. struck out "and" before "spare part”, inserted “and 'special aircraft jurisdiction of the United States'", and substituted “Federal Aviation Act of 1958" for "Civil Aeronautics Act of 1938".

Pub. L. 98-473, § 1010, substituted "passengers and property, or property or cargo” for “or passengers and property" in definition of motor vehicle.

Pub. L. 98-473, $ 2013(a)(2)-(4), inserted definitions of “in flight” and “in service".

EFFECTIVE DATE OF 1984 AMENDMENT Section 2015 of part B (88 2011-2015) of chapter XX of title II of Pub. L. 98-473 provided that: “This part (amending sections 31 and 32 of this title and sections 1301, 1471, and 1472 of Title 49, Appendix, Transportation, and enacting provisions set out as notes under this section) shall become effective on the date of the enactment of this joint resolution (Oct. 12, 1984)."

SHORT TITLE OF 1984 AMENDMENT Section 2011 of part B (88 2011-2015) of chapter XX of title II of Pub. L. 98-473 provided that: “This part [amending sections 31 and 32 of this title and sections 1301, 1471, and 1472 of Title 49, Appendix, Transportation, and enacting provisions set out as notes under this section) may be cited as the 'Aircraft Sabotage Act'."

STATEMENT OF FINDINGS AND PURPOSE FOR 1984

AMENDMENT Section 2012 of part B (8$ 2011-2015) of chapter XX of title II of Pub. L. 98-473 provided that: “The Congress hereby finds that

(1) the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (ratified by the United States on November 1, 1972) requires each contracting State to establish its jurisdiction over certain offenses affecting the safety of civil aviation;

"(2) such offenses place innocent lives in jeopardy, endanger national security, affect domestic tranquility, gravely affect interstate and foreign commerce, and are offenses against the law of nations; and

“(3) the purpose of this subtitle (part, see Short Title note above) is to implement fully the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation and to expand the protection accorded to aircraft and related facilities."

8 32. Destruction of aircraft or aircraft facilities (a) Whoever willfully

(1) sets fire to, damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce;

(2) places or causes to be placed a destructive device or substance in, upon, or in proximity to, or otherwise makes or causes to be made unworkable or unusable or hazardous to work or use, any such aircraft, or any part or other materials used or intended to be used in connection with the operation of such aircraft, if such placing or causing to be placed

REFERENCES IN TEXT

The Federal Aviation Act of 1958, referred to in text, is Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amend

shall be fined not more than $25,000 or imprisoned not more than five years, or both. (Added July 14, 1956, ch. 595, § 1, 70 Stat. 539, and amended Oct. 12. 1984, Pub. L. 98-473, title II, Š 2013(b), 98 Stat. 2187; Nov. 18, 1988, Pub. L. 100-690, title VII, $ 7016, 102 Stat. 4395.)

AMENDMENTS

or such making or causing to be made is likely to endanger the safety of any such aircraft;

(3) sets fire to, damages, destroys, or disables any air navigation facility, or interferes by force or violence with the operation of such facility, if such fire, damaging, destroying, disabling, or interfering is likely to endanger the safety of any such aircraft in flight;

(4) with the intent to damage, destroy, or disable any such aircraft, sets fire to, damages, destroys, or disables or places a destructive device or substance in, upon, or in proximity to, any appliance or structure, ramp, landing area, property, machine, or apparatus, or any facility or other material used, or intended to be used, in connection with the operation, maintenance, loading, unloading or storage of any such aircraft or any cargo carried or intended to be carried on any such aircraft;

(5) performs an act of violence against or incapacitates any individual on any such aircraft, if such act of violence or incapacitation is likely to endanger the safety of such aircraft;

(6) communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safety of any such aircraft in flight; or

(7) attempts to do anything prohibited under paragraphs (1) through (6) of this sub

section; shall be fined not more than $100,000 or imprisoned not more than twenty years or both. (b) Whoever willfully

(1) performs an act of violence against any individual on board any civil aircraft registered in a country other than the United States while such aircraft is in flight, if such act is likely to endanger the safety of that aircraft;

(2) destroys a civil aircraft registered in a country other than the United States while such aircraft is in service or causes damage to such an aircraft which renders that aircraft incapable of flight or which is likely to endanger that aircraft's safety in flight;

(3) places or causes to be placed on a civil aircraft registered in a country other than the United States while such aircraft is in service, a device or substance which is likely to destroy that aircraft, or to cause damage to that aircraft which renders that aircraft incapable of flight or which is likely to endanger that aircraft's safety in flight; or

(4) attempts to commit an offense described in paragraphs (1) through (3) of this subsec

tion; shall, if the offender is later found in the United States, be fined not more than $100,000 or imprisoned not more than twenty years, or both.

(c) Whoever willfully imparts or conveys any threat to do an act which would violate any of paragraphs (1) through (5) of subsection (a) or any of paragraphs (1) through (3) of subsection (b) of this section, with an apparent determination and will to carry the threat into execution

1988–Subsec. (a)(3). Pub. L. 100-690 substituted "interfering" for "intefering".

1984–Pub. L. 98-473 amended section generally. Prior to amendment section read as follows:

"Whoever willfully sets fire to, damages, destroys, disables, or wrecks any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce; or

“Whoever willfully sets fire to, damages, destroys, disables, or wrecks any aircraft engine, propeller, appliance, or spare part with intent to damage, destroy, disable, or wreck any such aircraft; or

"Whoever, with like intent, willfully places or causes to be placed any destructive substance in, upon, or in proximity to any such aircraft, or any aircraft engine, propeller, appliance, spare part, fuel, lubricant, hy. draulic fluid, or other material used or intended to be used in connection with the operation of any such aircraft, or any cargo carried or intended to be carried on any such aircraft, or otherwise makes or causes to be made any such aircraft, aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, or other material unworkable or unusable or hazardous to work or use; or

“Whoever, with like intent, willfully sets fire to, damages, destroys, disables, or wrecks, or places or causes to be placed any destructive substance in, upon, or in proximity to any shop, supply, structure, station, depot, terminal, hanger, ramp, landing area, air-navigation facility or other facility, warehouse, property, machine, or apparatus used or intended to be used in connection with the operation, loading, or unloading of any such aircraft or making any such aircraft ready for flight, or otherwise makes or causes to be made any such shop, supply, structure, station, depot, terminal, hangar, ramp, landing area, air-navigation facility or other facility, warehouse, property, machine, or apparatus unworkable or unusable or hazardous to work or use; or

“Whoever, with like intent, willfully incapacitates any member of the crew of any such aircraft; or

“Whoever willfully attempts to do any of the aforesaid acts or things

“shall be fined not more than $10,000 or imprisoned not more than twenty years, or both."

EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section 2015 of Pub. L. 98-473, set out as a note under section 31 of this title.

CROSS REFERENCES Destruction of property moving in commerce, see sections 1281 and 1282 of Title 15, Commerce and Trade.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2516, 5032 of this title.

8 33. Destruction of motor vehicles or motor vehicle

facilities

Whoever willfully, with intent to endanger the safety of any person on board or anyone who he believes will board the same, or with a reckless disregard for the safety of human life, damages, disables, destroys, tampers with, or

Sec.

41.

46

47.

places or causes to be placed any explosive or mation to be false, concerning an attempt or alother destructive substance in, upon, or in leged attempt being made or to be made, to do proximity to, any motor vehicle which is used, any act which would be a crime prohibited by operated, or employed in interstate or foreign this chapter or chapter 97 or chapter 111 of commerce, or its cargo or material used or in this title-shall be fined not more than $5,000, tended to be used in connection with its oper or imprisoned not more than five years, or ation; or

both. Whoever willfully, with like intent, damages,

(Added July 14, 1956, ch. 595, § 1, 70 Stat. 540, disables, destroys, sets fire to, tampers with, or

and amended Oct. 3, 1961, Pub. L. 87-338, 75 places or causes to be placed any explosive or

Stat. 751; July 7, 1965, Pub. L. 89-64, 79 Stat. other destructive substance in, upon, or in

210.) proximity to any garage, terminal, structure, supply, or facility used in the operation of, or

AMENDMENTS in support of the operation of, motor vehicles

1965–Subsec. (a). Pub. L. 89-64 substituted "subject engaged in interstate or foreign commerce or

to a civil penalty of not more than $1,000 which shall otherwise makes or causes such property to be

be recoverable in a civil action brought in the name of made unworkable, unusable, or hazardous to the United States” for “fined not more than $1,000, or work or use; or

imprisoned not more than one year, or both”. Whoever, with like intent, willfully disables 1961–Pub. L. 87-338 designated existing provisions or incapacitates any driver or person employed

as subsec. (a), struck out “willfully" before “imparts or in connection with the operation or mainte

conveys”, and added subsec. (b). nance of the motor vehicle, or in any way les

CHAPTER 3-ANIMALS, BIRDS, FISH, AND sens the ability of such person to perform his

PLANTS duties as such; or

Whoever willfully attempts to do any of the aforesaid acts

Hunting, fishing, trapping; disturbance or shall be fined not more than $10,000 or im

injury on wildlife refuges. prisoned not more than twenty years, or

Importation of injurious animals and birds; both.

permits; specimens for museums."

Transportation or importation in violation of (Added July 14, 1956, ch. 595, § 1, 70 Stat. 540.)

state, national, or foreign laws.2

Marking packages or containers. 2
CROSS REFERENCES

Capturing or killing carrier pigeons.
Destruction of property moving in commerce, see

Transportation of water hyacinths. sections 1281 and 1282 of Title 15, Commerce and

Use of aircraft or motor vehicles to hunt cerTrade.

tain wild horses or burros. SECTION REFERRED TO IN OTHER SECTIONS

HISTORICAL AND REVISION NOTES This section is referred to in section 2516 of this The criminal provisions of the Migratory Bird title.

Treaty Act, sections 703-711 of title 16, U.S.C., 1940

ed., Conservation, and the Migratory Bird Conserva8 34. Penalty when death results

tion Act, sections 715-715r of title 16, U.S.C., 1940 ed.,

Conservation, were considered for inclusion in this Whoever is convicted of any crime prohibited

chapter. Since these provisions, except parts of secby this chapter, which has resulted in the tions 704-707 of said title 16, are so inextricably interdeath of any person, shall be subject also to the woven with the Migratory Bird Acts, it was found addeath penalty or to imprisonment for life, if visable to exclude them. the jury shall in its discretion so direct, or, in the case of a plea of guilty, or a plea of not

AMENDMENTS guilty where the defendant has waived a trial 1959–Pub. L. 86-234, § 1(b), Sept. 8, 1959, 73 Stat. by jury, if the court in its discretion shall so 470, added item 47. order.

1956-Act Aug. 1, 1956, ch. 825, $ 2(b), 70 Stat. 798,

amended chapter heading to include reference to (Added July 14, 1956, ch. 595, § 1, 70 Stat. 540.) “Plants” and added item 46. SECTION REFERRED TO IN OTHER SECTIONS

8 41. Hunting, fishing, trapping; disturbance or injury This section is referred to in section 844 of this title. on wildlife refuges 8 35. Imparting or conveying false information

Whoever, except in compliance with rules and

regulations promulgated by authority of law, (a) Whoever imparts or conveys or causes to hunts, traps, captures, willfully disturbs or kills be imparted or conveyed false information, any bird, fish, or wild animal of any kind whatknowing the information to be false, concerning ever, or takes or destroys the eggs or nest of an attempt or alleged attempt being made or to

any such bird or fish, on any lands or waters be made, to do any act which would be a crime which are set apart or reserved as sanctuaries, prohibited by this chapter or chapter 97 or

refuges or breeding grounds for such birds, fish, chapter 111 of this title shall be subject to a or animals under any law of the United States civil penalty of not more than $1,000 which

or willfully injures, molests, or destroys any

or willfully iniure shall be recoverable in a civil action brought in the name of the United States. (b) Whoever willfully and maliciously, or with

1 Section catchline amended by Pub. L. 86-702 without corre

sponding amendment of chapter analysis. reckless disregard for the safety of human life,

a Section repealed by Pub. L. 97-79 without corresponding imparts or conveys or causes to be imparted or

amendment of chapter analysis. conveyed false information, knowing the infor * So in original. Does not conform to section catchline.

[ocr errors]
[ocr errors]

property of the United States on any such Hawaii, the Commonwealth of Puerto Rico, or lands or waters, shall be fined not more than any possession of the United States, of the $500 or imprisoned not more than six months, mongoose of the species Herpestes auropunctaor both.

tus; of the species of so-called "flying foxes" or (June 25, 1948, ch. 645, 62 Stat. 686.)

fruit bats of the genus Pteropus; and such

other species of wild mammals, wild birds, fish HISTORICAL AND REVISION NOTES

(including mollusks and crustacea), amphibBased on title 18, U.S.C., 1940 ed., $ 145 and $8 676, ians, reptiles, or the offspring or eggs of any of 682, 683, 685, 688, 689b, 692a, and 694a of title 16, the foregoing which the Secretary of the InteU.S.C., 1940 ed., Conservation (Jan. 24, 1905, ch. 137, rior may prescribe by regulation to be injurious $ 2, 33 Stat. 614; June 29, 1906, ch. 3593, & 2, 34 Stat.

to human beings, to the interests of agriculture, 607; Mar. 4, 1909, ch. 321, $ 84, 35 Stat. 1104; Aug. 11, 1916, ch. 313, 39 Stat. 476; June 5, 1920, ch. 247, § 2, 41

horticulture, forestry, or to wildlife or the wildStat. 988; Apr. 15, 1924, ch. 108, 43 Stat. 98; Feb. 28,

life resources of the United States, is hereby 1925, ch. 376, 43 Stat. 1091; July 3, 1926, ch. 744, $ 6, 44

prohibited. All such prohibited mammals, birds, Stat. 821; July 3, 1926, ch. 776, 83, 44 Stat. 889; June

fish (including mollusks and crustacea), am28, 1930, ch. 709, $ 2, 46 Stat. 828; Mar. 10, 1934, ch. 54, phibians, and reptiles, and the eggs or offspring $ 2, 48 Stat. 400; Reorg. Plan No. II, § 4(f), 4 F.R. 2731, therefrom, shall be promptly exported or de53 Stat. 1433).

stroyed at the expense of the importer or conThis revised section condenses, consolidates, and

signee. Nothing in this section shall be consimplifies similar provisions of sections 676, 682, 683, 685, 688, 689b, 692a, and 694a of title 16, U.S.C., 1940

strued to repeal or modify any provision of the ed., with section 145 of title 18, U.S.C., 1940 ed., with

Public Health Service Act or Federal Food, such changes of phraseology as make clear the intent

Drug, and Cosmetic Act. Also, this section shall of Congress to protect all wildlife within Federal sanc not authorize any action with respect to the imtuaries, refuges, fish hatcheries, and breeding grounds. portation of any plant pest as defined in the Irrelevant provisions of such sections in title 16 are to Federal Plant Pest Act, insofar as such imporbe retained in that title.

tation is subject to regulation under that Act. Because of the general nature of this consolidated section, no specific reference is made to rules and reg.

(2) As used in this subsection, the term "wild" ulations issued by the Secretary of the Interior or any

relates to any creatures that, whether or not other personage, but only to rules and regulations raised in captivity, normally are found in a wild "promulgated by authority of law".

state; and the terms "wildlife" and "wildlife reThe punishment provided by the sections consolidat- sources” include those resources that comprise ed varied from a fine not exceeding $100 or imprison wild mammals, wild birds, fish (including molment not exceeding 6 months, or both, in section 694a

lusks and crustacea), and all other classes of of title 16. U.S.C., 1940 ed., to a fine not exceeding

wild creatures whatsoever, and all types of $1,000 or imprisonment not exceeding 1 year, or both, in sections 676, 685, and 688 of such title 16. The re

aquatic and land vegetation upon which such vised section adopts the punishment provisions of the wildlife resources are dependent. other five sections.

(3) Notwithstanding the foregoing, the SecreThe references to "misdemeanor" in sections 676, tary of the Interior, when he finds that there 685, 688, 689b, 692a, and 694a of title 16, U.S.C., 1940 has been a proper showing of responsibility and ed., were omitted as unnecessary in view of definition

continued protection of the public interest and of "misdemeanor" in section 1 of this title, and also to conform with policy followed by codifiers of the 1909

health, shall permit the importation for zoologCriminal Code, as stated in Senate Report 10, part 1,

ical, educational, medical, and scientific purpages 12, 13, 14, Sixtieth Congress, first session, to ac

poses of any mammals, birds, fish, (including company S. 2982.

mollusks and crustacea), amphibia, and repWords "upon conviction”, contained in sections 676, tiles, or the offspring or eggs thereof, where 685, 688, 689b, 692a, and 694a of title 16, U.S.C., 1940

such importation would be prohibited othered., were omitted as surplusage, because punishment

wise by or pursuant to this Act, and this Act can be imposed only after conviction. Words "in any United States court of competent ju

shall not restrict importations by Federal agenrisdiction", in sections 676, 685, and 688 of title 16,

cies for their own use. U.S.C., 1940 ed., words “in any United States court”, in (4) Nothing in this subsection shall restrict sections 689b, 692a, and 694a of such title 16, and the importation of dead natural-history speci. words "in the discretion of the court”, in said sections mens for museums or for scientific collections, 676, 685, 688, and 689b, were likewise omitted as sur or the importation of domesticated canaries, plusage.

parrots (including all other species of psittacine CROSS REFERENCES

birds), or such other cage birds as the Secretary Game and bird preserves, see section 671 et seq. of

of the Interior may designate. Title 16, Conservation.

(5) The Secretary of the Treasury and the Protection of migratory game and birds, see section Secretary of the Interior shall enforce the pro701 et seq. of Title 16.

visions of this subsection, including any regula

tions issued hereunder, and, if requested by the 8 42. Importation or shipment of injurious mammals,

Secretary of the Interior, the Secretary of the birds, fish (including mollusks and crustacea),

Treasury may require the furnishing of an apamphibia, and reptiles; permits, specimens for

propriate bond when desirable to insure complimuseums; regulations

ance with such provisions. (a)(1) The importation into the United (b) Whoever violates this section, or any reguStates, any territory of the United States, the lation issued pursuant thereto, shall be fined District of Columbia, the Commonwealth of not more than $500 or imprisoned not more Puerto Rico, or any possession of the United than six months, or both. States, or any shipment between the continen- (c) The Secretary of the Interior within one tal United States, the District of Columbia, hundred and eighty days of the enactment of

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 is classified generally to chanter 7B ($ 150aa et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 150aa of Title 7 and Tables.

This Act, referred to in subsec. (aX3), 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.

the Lacey Act Amendments of 1981 shall pre. scribe such requirements and issue such per. mits as he may deem necessary for the trans. portation 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 convey. ance, 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 convey. ance at such time of a substantial ratio of dead, crippled, diseased, or starving wild ani. mals or birds shall be deemed prima facie evidence of the violation of the provisions of this

subsection. (June 25, 1948, ch. 645, 62 Stat. 687; May 24, 1949. ch. 139, § 2, 63 Stat. 89; Sept. 2, 1960, Pub. L. 86-702, § 1, 74 Stat. 753; Nov. 16, 1981, Pub. L. 97-79, $ 9(d), 95 Stat. 1079.) HISTORICAL AND REVISION NOTES

1948 ACT Based on title 18, U.S.C., 1940 ed., $$ 391, 394 (Mar. 4, 1909, ch. 321, 88 241, 244, 35 Stat. 1137, 1138; June 15, 1935, ch. 261, title II, $ 201, 49 Stat. 381; Reorg. Plan No. II, § 4(1), 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 there. of”, 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.

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 (§ 201 et seq.) of Title 42, The Public Health and Wel. fare. 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 (8 301 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.

AMENDMENTS 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; per. mits; specimens for museums, regulations" for "Impor. tation 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 (includ. ing 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).

EXOTIC ORGANISMS For provisions relating to restrictions on the introduction of exotic organisms into natural ecosystems of the United States, see Ex. Ord. No. 11987, May 24, 1977, 42 F.R. 26949, set out as a note under section 4321 of Title 42, The Public Health and Welfare.

« iepriekšējāTurpināt »