Page:United States Statutes at Large Volume 95.djvu/1105

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PUBLIC LAW 97-000—MMMM. DD, 1981

PUBLIC LAW 97-79—NOV. 16, 1981

95 STAT. 1079

(b) The provisions of paragraphs (1), (2)(A), and (3)(A) of subsection 3(a) of this Act shall not apply to— (1) any activity regulated by the Tuna Conventions Act of 1950 (16 U.S.C. 951-961) or the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971-971(h)); or 16 USC 971(2) any activity involving the harvesting of highly migratory ^^l*^species (as defined in paragraph (14) of section 3 of the Fishery Conservation and Management Act of 1976) taken on the high ^^ use 1802. seas (as defined in paragraph (13) of such section 3) if such species are taken in violation of the laws of a foreign nation and the United States does not recognize the jurisdiction of the foreign nation over such species. (c) The provisions of paragraph (2) of subsection 3(a) of this Act shall not apply to the interstate shipment or transshipment through Indian country as defined in section 1151 of title 18, United States Code, or a State of any fish or wildlife or plant legally taken if the shipment is en route to a State in which the fish or wildlife or plant may be legally possessed. SEC. 9. MISCELLANEOUS PROVISIONS.

(a) EFFECT ON POWERS OF STATES.—Nothing in this Act shall be construed to prevent the several States or Indian tribes from making or enforcing laws or regulations not inconsistent with the provisions of this Act. (b) REPEALS.—The following provisions of law are repealed: (1) The Act of May 20, 1926 (commonly known as the Black Bass Act; 16 U.S.C. 851-856). (2) Section 5 of the Act of May 25, 1900 (16 U.S.C. 667e), and sections 43 and 44 of title 18, United States Code (commonly known as provisions of the Lacey Act). (3) Sections 3054 and 3112 of title 18, United States Code. (c) DISCLAIMERS.—Nothing in this Act shall be construed as— (1) repealing, superseding, or modifying any provision of Federal law other than those specified in subsection (b); (2) repealing, superseding, or modifying any right, privilege, or immunity granted, reserved, or established pursuant to treaty, statute, or executive order pertaining to any Indian tribe, band, or community; or (3) enlarging or diminishing the authority of any State or Indian tribe to regulate the activities of persons within Indian reservations. (d) HUMANE SHIPMENT.—Subsection 42(c) of title 18, United States Code, is amended by striking "Secretary of the Treasury" and inserting in lieu thereof "Secretary of the Interior within one hundred and eighty days of the enactment of the Lacey Act Amendments of 1981". (e) REWARD.—Subsection 11(d) of the Endangered Species Act of 1973 (16 U.S.C. 1540) is amended to read as follows: "(d) REWARD.—The Secretary or the Secretary of the Treasury shall pay a reward from sums received as penalties, fines, or forfeitures of property for any violation of this Act or any regulation issued hereunder to any person who furnishes information which leads to an arrest, a criminal conviction, civil penalty assessment, or forfeiture of property for any violation of this Act or any regulation issued hereunder. The amount of the reward, if any, is to be designated by the Secretary or the Secretary of the Treasury, as appropriate. Any officer or employee of the United States or any State or local government who furnishes information or renders service in the

16 USC 3378.