Page:United States Statutes at Large Volume 95.djvu/1099

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PUBLIC LAW 97-000—MMMM. DD, 1981

PUBLIC LAW 97-79—NOV. 16, 1981

95 STAT. 1073

Public Law 97-79 97th Congress An Act To provide for the control of illegally taken fish and wildlife.

Nov. 16, 1981 [S. 736]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be ^tf fL^* Amendments of cited as the "Lacey Act Amendments of 1981". """^ 1981. SEC. 2. DEFINITIONS. nota^^ ^^'^^ For the purposes of this Act: 16 USC 3371. (a) The term "fish or wildlife" means any wild animal, whether alive or dead, including without limitation any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, arthropod, coelenterate, or other invertebrate, whether or not bred, hatched, or born in captivity, and includes any part, product, egg, or offspring thereof. (b) The term "import" means to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. (c) The term "Indian tribal law" means any regulation of, or other rule of conduct enforceable by, any Indian tribe, band, or group but only to the extent that the regulation or rule applies within Indian country as defined in section 1151 of title 18, United States Code. (d) The terms "law," "treaty," "regulation," and "Indian tribal law" mean laws, treaties, regulations or Indian tribal laws which regulate the taking, possession, importation, exportation, transportation, or sale offish or wildlife or plants. (e) The term "person" includes any individual, partnership, association, corporation, trust, or any officer, employee, agent, department, or instrumentality of the Federal Government or of any State or political subdivision thereof, or any other entity subject to the jurisdiction of the United States. (f) The terms "plant" and "plants" mean any wild member of the plant kingdom, including roots, seeds, and other parts thereof (but excluding common food crops and cultivars) which is indigenous to any State and which is either (A) listed on an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or (B) listed pursuant to any State law that provides for the conservation of species threatened with extinction. (g) The term "Secretary" means, except as otherwise provided in the Act, the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested pursuant to the provisions of Reorganization Plan Numbered 4 of 1970 (84 Stat. 2090); except that 5 USC app. with respect to the provisions of this Act which pertain to the importation or exportation of plants the term means the Secretary of Agriculture. (h) The term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,