Page:United States Statutes at Large Volume 74.djvu/794

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[74 Stat. 754]
[74 Stat. 754]
PUBLIC LAW 86-000—MMMM. DD, 1960

754

58 Stat. 682. 42 USC 20 1 note. 5 2 Stat. 1040. 21 USC 30 1. 71 Stat. 31. 7 USC 150aa note.

Definitions.

Exceptions.

Enforcement.

Penalties.

62 Stat. 687.

Transportation of wildlife in violation of laws.

PUBLIC LAW 86-702-SEPT. 2, 1960

[74 S T A T,

the wildlife resources of the United States, is hereby prohibited. All such prohibited mammals, birds, fish (including mollusks and Crustacea), amphibians, and reptiles, and the eggs or offspring therefrom, shall be promptly exported or destroyed at the expense of the importer or consignee. Nothing in this section shall be construed to repeal or modify any provision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act. Also, this section shall not authorize any action with respect to the importation of any plant pest as defined in the Federal Plant Pest Act, insofar as such importation is subject to regulation under that Act. "(2) As used in this subsection, the term 'wild' relates to any creatures that, whether or not raised in captivity, normally are found in a wild state; and the terms 'wildlife' and 'wildlife resources' include those resources that comprise wild mammals, wild birds, fish (including mollusks and Crustacea), and all other classes of wild creatures whatsoever, and all types of aquatic and land vegetation upon which such wildlife resources are dependent. "(3) Notwithstanding the foregoing, the Secretary of the Interior, when he finds that there has been a proper showing of responsibility and continued protection of the public interest and health, shall permit the importation for zoological, educational, medical, and scientific purposes of any mammals, birds, fish (including mollusks and Crustacea), amphibia, and reptiles, or the offspring or eggs thereof, where such importation would be prohibited otherwise by or pursuant to this Act, and this Act shall not restrict importations by Federal agencies for their own use. "(4) Nothing in this subsection shall restrict the importation of dead natural-history specimens for museums or for scientific collections, or the importation of domesticated canaries, parrots (including all other species of psittacine birds), or such other cage birds as the Secretary of the Interior may designate. "(5) The Secretary of the Treasury and the Secretary of the Interior shall enforce the provisions of this subsection, including any regulations issued hereunder, and, if requested by the Secretary of the Interior, the Secretary of the Treasury may require the furnishing of an appropriate bond when desirable to insure compliance with such provisions. " (b) Whoever violates this section, or any regulation issued pursuant thereto, shall be fined not more than $500 or imprisoned not more than six months, or both." SEC. 2. That the first four paragraphs of section 43, title 18, United States Code, are amended to read as follows: "§43. Transportation of wildlife taken in violation of State, National, or foreign laws; receipt; making false records "Whoever delivers, carries, transports, ships, by any means whatever, or knowingly receives for shipment, to or from any State, territory, the District of Columbia, the Commonwealth of Puerto Rico, any possession of the United States, or any foreign country, any wild mammal or bird of any kind, or the dead body or parts thereof, or the offspring or eggs therefrom, as the case may be, which was captured, killed, taken, purchased, sold, or otherwise possessed or transported in any manner contrary to any Act of Congress or regulation issued pursuant thereto or contrary to the laws or regulations of any Statej territory, the District of Columbia, the Commonwealth of Puerto Rico, possession of the United States, or foreign country; or "Whoever receives, acquires, or purchases, knowingly, any such wild mammal or bird of any kind or the dead body or parts thereof.