12 2 STA T . 2 053PUBLIC LA W 110 – 2 46—J U NE 1 8, 2008 orp ro ducts t he reo f,an d i nc l udin g trees fro m either natural or planted forest stands .‘ ‘ (2)EXCLUSION S. —T he terms ‘plant ’ and ‘plants’ e x clude— ‘‘( A ) common culti v ars, except trees, and common food crops (including roots, seeds, parts, or products thereof)
‘‘( B ) a scientific specimen of plant genetic material (including roots, seeds, germplasm, parts, or products thereof) that is to b e used onl y for laboratory or field research; and ‘‘( C ) any plant that is to remain planted or to be planted or replanted. ‘‘( 3 ) EXC EPT IONS TO A PPLICATION O F EXCLUSIONS.—The exclusions made by subparagraphs (B) and (C) of paragraph (2) do not apply if the plant is listed— ‘‘(A) in an appendix to the Convention on I nternational Trade in Endangered S pecies of W ild F auna and Flora (2 7U ST 108 7; TIAS 82 49 ); ‘‘(B) as an endangered or threatened species under the Endangered Species Act of 1973 (1 6 U.S.C. 1 5 31 et se q .); or ‘‘(C) pursuant to any State la w that provides for the conservation of species that are indigenous to the State and are threatened with extinction.’’. (2) INCLUSION OF SEC R ETAR Y OFA G RICULTURE.—Section 2(h) of the L acey Act Amendments of 1981 (16 U.S.C. 3371(h)) is amended by stri k ing ‘‘plants the term means’’ and inserting ‘‘plants, the term also means’’. (3) TA K EN AN D TAKING.—Subsection ( j ) of section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is amended to read as follows
‘‘(j) TAKEN AND TAKING.— ‘‘(1) TAKEN.—The term ‘taken’ means captured, killed, or collected and, with respect to a plant, also means harvested, cut, logged, or removed. ‘‘(2) TAKING.—The term ‘taking’ means the act by which fish, wildlife, or plants are taken.’’. (b) P RO H I B ITED ACTS.— (1) O FFENSES OTHER THAN M ARKING.—Section 3(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(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, required authori z ation; ‘‘(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
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