Page:United States Statutes at Large Volume 102 Part 4.djvu/855

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC L A W 100-653—NOV. 14, 1988

Public Law 100-653 100th Congress

102 STAT. 3825

An Act

To reauthorize and amend certain wildlife laws, and for other purposes.

Nov. 14, 1988 [H.R. 4030]

Be it enacted by the Senate and House of Representatives of the Conservation. United States of America in Congress assembled,

Fish and fishing.

TITLE I—LACEY ACT AMENDMENTS SEC. 101. PROHIBITED ACTS.

Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended— (1) in subsection (a)(1) (16 U.S.C. 3372(a)(l)) by striking "taken or possessed" and inserting in lieu thereof "taken, possessed, transported, or sold"; (2) by striking subsection (a)(4) (16 U.S.C. 3372(a)(4)) and redesignating subsection (a)(5) as subsection (a)(4); and (3) by adding at the end thereof the following: "(c) SALE AND PURCHASE OF GUIDING AND OUTFITTING SERVICES AND I N V A U D LICENSES AND PERMITS.—

"(1) SALE.—It is deemed to be a sale of fish or wildlife in violation of this Act for a person for money or other consideration to offer or provide— "(A) guiding, outfitting, or other services; or "(B) a hunting or fishing license or permit; for the illegal taking, acquiring, receiving, transporting, or possessing of fish or wildlife. "(2) PURCHASE.—It is deemed to be a purchase of fish or wildlife in violation of this Act for a person to obtain for money or other consideration— "(A) guiding, outfitting, or other services; or "(B) a hunting or fishing license or permit; for the illegal taking, acquiring, receiving, transporting, or possessing of fish or wildlife. "(d) FALSE LABEUNG OFFENSES.—It is 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— "(1) imported; exported, transported, sold, purchased, or received from any foreign country; or "(2) transported in interstate or foreign commerce.". SEC. 102. PENALTY. (a) CIVIL PENALTY.—Paragraph (1) of section 4(a) of the Lacey Act

Amendments of 1981 (16 U.S.C. 3373(a)(l)) is amended by inserting "and any person who knowingly violates section 3(d)," after "any underlying law, treaty, or regulation,". (b) CRIMINAL PENALTY.—Subsection (d) of section 4 of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended by adding a t the end the following:

Hunting.

Imports. Exports. Commerce and trade. Plants.