12 2 STA T . 12 9 2 PUBLIC LA W 11 0– 2 34—M A Y 22 , 200 8‘ ‘ (1)TAKEN.— T het e rm ‘t ak e n’ mean sc a p t u re d, k il led, o r collected and, w ith respect to a plant, also means har v ested, cut, lo g ged, or removed. ‘‘( 2 ) TAK I N G .—The term ‘taking’ means the act by which f ish, wildlife, or plants are taken.’’. (b) PROH I B I T E DAC T S .— (1) OF FENSES OTHER THAN M ARKING.— S ection 3 (a) of the L acey Act Amendments of 1 98 1(1 6U .S. C . 33 7 2(a)) is amended— (A) in paragraph (2), by striking subparagraph ( B ) and inserting the following new subparagraph
‘‘(B) any plant— ‘‘(i) taken, possessed, transported, or sold in viola - tion of any law or regulation of any State, or any foreign law, that protects plants or that regulates— ‘‘( I ) the theft of plants
‘‘(II) the taking of plants from a park, forest reserve, or other officially protected area; ‘‘(III) the taking of plants from an officially designated area; or ‘‘(I V ) the taking of plants without, or contrary to, re q uired authori z ation; ‘‘(ii) taken, possessed, transported, or sold without the payment of appropriate royalties, ta x es, or stump- age fees required for the plant by any law or regulation of any State or any foreign law; or ‘‘(iii) taken, possessed, transported, or sold in viola- tion of any limitation under any law or regulation of any State, or under any foreign law, governing the export or transshipment of plants; or’’; and (B) in paragraph (3), by striking subparagraph (B) and inserting the following subparagraph: ‘‘(B) to possess any plant— ‘‘(i) taken, possessed, transported, or sold in viola- tion of any law or regulation of any State, or any foreign law, that protects plants or that regulates— ‘‘(I) the theft of plants; ‘‘(II) the taking of plants from a park, forest reserve, or other officially protected area; ‘‘(III) the taking of plants from an officially designated area; or ‘‘(IV) the taking of plants without, or contrary to, required authorization; ‘‘(ii) taken, possessed, transported, or sold without the payment of appropriate royalties, taxes, or stump- age fees required for the plant by any law or regulation of any State or any foreign law; or ‘‘(iii) taken, possessed, transported, or sold in viola- tion of any limitation under any law or regulation of any State, or under any foreign law, governing the export or transshipment of plants; or’’. (2) P L ANT DECLARATIONS.—Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended by adding at the end the following new subsection: ‘‘(f) PLANT D ECLARATIONS.— ‘‘(1) IM P ORT DECLARATION.— E ffective 18 0 days from the date of enactment of this subsection, and except as provided Ef f ectiv e da te .
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