Conservation Corner: December 25, 2000

The Lacey Act
by James L. Cummins

The Lacey Act is an Act of Congress that was passed in 1900 to outlaw interstate traffic of animals illegally killed in their State of origin. It was aimed at the so-called "pot hunter" who killed large amounts of wildlife for sale. Similarly, the Black Bass Act was passed in 1926 to outlaw the interstate transport of illegally taken bass.

The Lacey Act has been amended several times and now combines the Lacey and Black Bass acts into a single comprehensive statute to provide more effective enforcement of State, Federal, Indian tribal and foreign conservation laws protecting fish, wildlife and rare plants. With the exception of the marketing offenses, none of the offenses under the Act stand on their own. There must first be a violation of an underlying Federal, State, foreign or Indian Tribal law, treaty or regulation relating to fish, wildlife or rare plants.

It is unlawful for any person to import, export, transport, sell, receive, acquire, possess or purchase any fish, wildlife or plant taken, possessed, transported or sold in violation of any Federal, State, foreign or Indian tribal law, treaty or regulation.

It is unlawful for any person to make or submit any false record, account, or label for, or any false identification of any fish, wildlife or plant which has been, or is intended to be imported, exported, transported, sold, purchased or received from any foreign country; or transported in interstate or foreign commerce.

Under the Act, Federal agents are authorized to seize any wildlife which they have reason to believe was taken, possessed, transported or imported in violation of any provisions of the underlying laws.

Both criminal and civil penalties can be assessed, depending upon the nature and type of the violation. A civil penalty can be as much as $10,000 if there is evidence that the violator should have known that there was a violation of any underlying law.

Criminal penalties fall into two categories. For a felony offense, a maximum $250,000 fine per individual and $500,000 per organization and/or up to 5 years imprisonment for each violation of the Act can be assessed. A misdemeanor offense carries a maximum $100,000 fine per individual and $200,000 per organization and/or up to 1 year imprisonment.

Furthermore, vehicles, aircraft, vessels or other equipment used during the crime may be forfeited to the government in cases involving felony convictions. Any fish, wildlife or plants involved in violations of the Act are also subject to be forfeited.

Rewards can be paid to any person who furnishes information leading to an arrest, criminal conviction, civil penalty assessment or forfeiture of property.

When the Lacey Act was amended in 1988 it was determined that the sale and purchase of guiding and outfitting services and invalid licenses and permits constitutes a sale and/or purchase of wildlife. With the increase in outfitting services available throughout Mississippi, this part is becoming much more important.

James L. Cummins is Executive Director of the Mississippi Fish and Wildlife Foundation in Stoneville, Mississippi. Known as "Wildlife Mississippi," the Foundation is a non-profit, conservation organization founded to conserve, restore and enhance fish, wildlife and plant resources throughout Mississippi.