18 USC 42(a) Injurious wildlife provisions of the Lacey Act

§ 41

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

CHAPTER 3—ANIMALS, BIRDS, FISH, AND
PLANTS
Sec.

41.
42.

43.
[44, 45.
46.
47.

48.
49.

Hunting, fishing, trapping; disturbance or injury on wildlife refuges.
Importation or shipment of injurious mammals, birds, fish (including mollusks and
crustacea), amphibia, and reptiles; permits,
specimens for museums; regulations.
Force, violence, and threats involving animal
enterprises.
Repealed.]
Transportation of water hyacinths.
Use of aircraft or motor vehicles to hunt certain wild horses or burros; pollution of watering holes.
Animal crushing.
Enforcement of animal fighting prohibitions.
HISTORICAL AND REVISION NOTES

The criminal provisions of the Migratory Bird Treaty
Act, sections 703–711 of title 16, U.S.C., 1940 ed., Conservation, and the Migratory Bird Conservation Act,
sections 715–715r of title 16, U.S.C., 1940 ed., Conservation, were considered for inclusion in this chapter.
Since these provisions, except parts of sections 704–707
of said title 16, are so inextricably interwoven with the
Migratory Bird Acts, it was found advisable to exclude
them.
AMENDMENTS
2019—Pub. L. 116–72, § 2(b), Nov. 25, 2019, 133 Stat. 1152,
substituted ‘‘Animal crushing’’ for ‘‘Animal crush videos’’ in item 48.
2010—Pub. L. 111–294, § 3(b), Dec. 9, 2010, 124 Stat. 3179,
substituted ‘‘Animal crush videos’’ for ‘‘Depiction of
animal cruelty’’ in item 48.
2007—Pub. L. 110–22, § 2(b), May 3, 2007, 121 Stat. 88,
added item 49.
2006—Pub. L. 109–374, § 2(b), Nov. 27, 2006, 120 Stat.
2655, substituted ‘‘Force, violence, and threats involving animal enterprises’’ for ‘‘Animal enterprise terrorism’’ in item 43.
1999—Pub. L. 106–152, § 1(b), Dec. 9, 1999, 113 Stat. 1732,
added item 48.
1992—Pub. L. 102–346, § 2(b), Aug. 26, 1992, 106 Stat. 929,
which directed the general amendment of item 43, was
executed by adding item 43 to reflect the probable intent of Congress, because item 43 had been previously
struck out by Pub. L. 101–647. See 1990 Amendment note
below.
1990—Pub. L. 101–647, title XII, § 1206(b), title XXXV,
§ 3506, Nov. 29, 1990, 104 Stat. 4832, 4922, substituted ‘‘Importation or shipment of injurious mammals, birds, fish
(including mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations’’ for
‘‘Importation of injurious animals and birds; permits;
specimens for museums’’ in item 42, struck out item 43
‘‘Transportation or importation in violation of state,
national, or foreign laws’’, item 44 ‘‘Marking packages
or containers’’, and item 45 ‘‘Capturing or killing carrier pigeons’’, and inserted ‘‘; pollution of watering
holes’’ after ‘‘burros’’ in item 47.
1959—Pub. L. 86–234, § 1(b), Sept. 8, 1959, 73 Stat. 470,
added item 47.
1956—Act Aug. 1, 1956, ch. 825, § 2(b), 70 Stat. 798,
amended chapter heading to include reference to
‘‘Plants’’ and added item 46.

§ 41. Hunting, fishing, trapping; disturbance or
injury on wildlife refuges
Whoever, except in compliance with rules and
regulations promulgated by authority of law,
hunts, traps, captures, willfully disturbs or kills
any bird, fish, or wild animal of any kind whatever, or takes or destroys the eggs or nest of any
such bird or fish, on any lands or waters which

Page 26

are set apart or reserved as sanctuaries, refuges
or breeding grounds for such birds, fish, or animals under any law of the United States or willfully injures, molests, or destroys any property
of the United States on any such lands or waters, shall be fined under this title or imprisoned
not more than six months, or both.
(June 25, 1948, ch. 645, 62 Stat. 686; Pub. L.
103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994,
108 Stat. 2147.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., § 145 and §§ 676, 682,
683, 685, 688, 689b, 692a, and 694a of title 16, U.S.C., 1940
ed., Conservation (Jan. 24, 1905, ch. 137, § 2, 33 Stat. 614;
June 29, 1906, ch. 3593, § 2, 34 Stat. 607; Mar. 4, 1909, ch.
321, § 84, 35 Stat. 1104; Aug. 11, 1916, ch. 313, 39 Stat. 476;
June 5, 1920, ch. 247, § 2, 41 Stat. 986; Apr. 15, 1924, ch.
108, 43 Stat. 98; Feb. 28, 1925, ch. 376, 43 Stat. 1091; July
3, 1926, ch. 744, § 6, 44 Stat. 821; July 3, 1926, ch. 776, § 3,
44 Stat. 889; June 28, 1930, ch. 709, § 2, 46 Stat. 828; Mar.
10, 1934, ch. 54, § 2, 48 Stat. 400; Reorg. Plan No. II, § 4(f),
4 F.R. 2731, 53 Stat. 1433).
This revised section condenses, consolidates, and simplifies similar provisions of sections 676, 682, 683, 685,
688, 689b, 692a, and 694a of title 16, U.S.C., 1940 ed., with
section 145 of title 18, U.S.C., 1940 ed., with such
changes of phraseology as make clear the intent of
Congress to protect all wildlife within Federal sanctuaries, refuges, fish hatcheries, and breeding grounds.
Irrelevant provisions of such sections in title 16 are to
be retained in that title.
Because of the general nature of this consolidated
section, no specific reference is made to rules and regulations issued by the Secretary of the Interior or any
other personage, but only to rules and regulations
‘‘promulgated by authority of law’’.
The punishment provided by the sections consolidated varied from a fine not exceeding $100 or imprisonment not exceeding 6 months, or both, in section 694a
of title 16, U.S.C., 1940 ed., to a fine not exceeding $1,000
or imprisonment not exceeding 1 year, or both, in sections 676, 685, and 688 of such title 16. The revised section adopts the punishment provisions of the other five
sections.
The references to ‘‘misdemeanor’’ in sections 676, 685,
688, 689b, 692a, and 694a of title 16, U.S.C., 1940 ed., were
omitted as unnecessary in view of definition of ‘‘misdemeanor’’ in section 1 of this title, and also to conform with policy followed by codifiers of the 1909 Criminal Code, as stated in Senate Report 10, part 1, pages 12,
13, 14, Sixtieth Congress, first session, to accompany S.
2982.
Words ‘‘upon conviction’’, contained in sections 676,
685, 688, 689b, 692a, and 694a of title 16, U.S.C., 1940 ed.,
were omitted as surplusage, because punishment can be
imposed only after conviction.
Words ‘‘in any United States court of competent jurisdiction’’, in sections 676, 685, and 688 of title 16,
U.S.C., 1940 ed., words ‘‘in any United States court’’, in
sections 689b, 692a, and 694a of such title 16, and words
‘‘in the discretion of the court’’, in said sections 676,
685, 688, and 689b, were likewise omitted as surplusage.
AMENDMENTS
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $500’’.

§ 42. Importation or shipment of injurious mammals, birds, fish (including mollusks and
crustacea), amphibia, and reptiles; permits,
specimens for museums; regulations
(a)(1) The importation into the United States,
any territory of the United States, the District
of Columbia, the Commonwealth of Puerto Rico,
or any possession of the United States, or any

Page 27

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

shipment between the continental United
States, the District of Columbia, Hawaii, the
Commonwealth of Puerto Rico, or any possession of the United States, of the mongoose of
the species Herpestes auropunctatus; of the species of so-called ‘‘flying foxes’’ or fruit bats of
the genus Pteropus; of the zebra mussel of the
species Dreissena polymorpha; of the quagga
mussel of the species Dreissena rostriformis or
Dreissena bugensis; of the bighead carp of the
species Hypophthalmichthys nobilis; and such
other species of wild mammals, wild birds, fish
(including mollusks and crustacea), amphibians,
reptiles, brown tree snakes, or the offspring or
eggs of any of the foregoing which the Secretary
of the Interior may prescribe by regulation to be
injurious to human beings, to the interests of
agriculture, horticulture, forestry, or to wildlife
or 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,1 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.
1 See

References in Text note below.

§ 42

(b) Whoever violates this section, or any regulation issued pursuant thereto, shall be fined
under this title or imprisoned not more than six
months, or both.
(c) The Secretary of the Interior within one
hundred and eighty days of the enactment of the
Lacey Act Amendments of 1981 shall prescribe
such requirements and issue such permits as he
may deem necessary for the transportation of
wild animals and birds under humane and
healthful conditions, and it shall be unlawful for
any person, including any importer, knowingly
to cause or permit any wild animal or bird to be
transported to the United States, or any Territory or district thereof, under inhumane or unhealthful conditions or in violation of such requirements. In any criminal prosecution for violation of this subsection and in any administrative proceeding for the suspension of the issuance of further permits—
(1) the condition of any vessel or conveyance, or the enclosures in which wild animals
or birds are confined therein, upon its arrival
in the United States, or any Territory or district thereof, shall constitute relevant evidence in determining whether the provisions
of this subsection have been violated; and
(2) the presence in such vessel or conveyance
at such time of a substantial ratio of dead,
crippled, diseased, or starving wild animals or
birds shall be deemed prima facie evidence of
the violation of the provisions of this subsection.
(June 25, 1948, ch. 645, 62 Stat. 687; May 24, 1949,
ch. 139, § 2, 63 Stat. 89; Pub. L. 86–702, § 1, Sept. 2,
1960, 74 Stat. 753; Pub. L. 97–79, § 9(d), Nov. 16,
1981, 95 Stat. 1079; Pub. L. 101–646, title I, § 1208,
Nov. 29, 1990, 104 Stat. 4772; Pub. L. 102–237, title
X, § 1013(e), Dec. 13, 1991, 105 Stat. 1901; Pub. L.
103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994,
108 Stat. 2147; Pub. L. 104–332, § 2(h)(1), Oct. 26,
1996, 110 Stat. 4091; Pub. L. 111–307, § 2, Dec. 14,
2010, 124 Stat. 3282; Pub. L. 115–282, title IX,
§ 903(e), Dec. 4, 2018, 132 Stat. 4357.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 18, U.S.C., 1940 ed., §§ 391, 394 (Mar. 4,
1909, ch. 321, §§ 241, 244, 35 Stat. 1137, 1138; June 15, 1935,
ch. 261, title II, § 201, 49 Stat. 381; Reorg. Plan No. II,
§ 4(f), 4 F.R. 2731, 53 Stat. 1433).
This section consolidates the provisions of sections
391 and 394 of title 18, U.S.C., 1940 ed., as subsections (a)
and (b), respectively.
In subsection (a) the words ‘‘Territory or District
thereof’’ were omitted as unnecessary in view of the
definition of the United States in section 5 of this title.
In subsection (b) the words ‘‘upon conviction thereof’’, were omitted as surplusage because punishment
can only be imposed after conviction.
The amount of the fine was reduced from $1,000 to
$500, thus making the violation a petty offense as defined in section 1 of this title. (See also section 41 of
this title which provides a similar punishment.)
Minor verbal changes were also made.
1949 ACT
This section [section 2] incorporates in section 42 of
title 18, U.S.C., with slight changes in phraseology, the
provisions of act of June 29, 1948 (ch. 716, 62 Stat. 1096),
which became law subsequent to the enactment of the
revision of title 18.

§ 43

TITLE 18—CRIMES AND CRIMINAL PROCEDURE
REFERENCES IN TEXT

The Public Health Service Act, referred to in subsec.
(a)(1), is act July 1, 1944, ch. 373, 58 Stat. 682, as amended, which is classified generally to chapter 6A (§ 201 et
seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see
Short Title note set out under section 201 of Title 42
and Tables.
The Federal Food, Drug, and Cosmetic Act, referred
to in subsec. (a)(1), is act June 25, 1938, ch. 675, 52 Stat.
1040, as amended, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Foods and Drugs. For
complete classification of this Act to the Code, see section 301 of Title 21 and Tables.
The Federal Plant Pest Act, referred to in subsec.
(a)(1), is Pub. L. 85–36, title I, May 23, 1957, 71 Stat. 31,
as amended, which was classified generally to chapter
7B (§ 150aa et seq.) of Title 7, Agriculture, prior to repeal by Pub. L. 106–224, title IV, § 438(a)(2), June 20, 2000,
114 Stat. 454. For complete classification of this Act to
the Code, see Tables.
This Act, referred to in subsec. (a)(3), probably refers
to Pub. L. 86–702, which amended this section and section 43 of this title.
The enactment of the Lacey Act Amendments of 1981,
referred to in subsec. (c), means the date of enactment
of Pub. L. 97–79, which was approved Nov. 16, 1981.
AMENDMENTS
2018—Subsec. (a)(1). Pub. L. 115–282 inserted ‘‘of the
quagga mussel of the species Dreissena rostriformis or
Dreissena bugensis;’’ after ‘‘Dreissena polymorpha;’’.
2010—Subsec. (a)(1). Pub. L. 111–307 inserted ‘‘of the
bighead carp of the species Hypophthalmichthys
nobilis;’’ after ‘‘Dreissena polymorpha;’’.
1996—Subsec. (a)(1). Pub. L. 104–332 made technical
amendment to Pub. L. 101–646, § 1208. See 1990 Amendment note below.
1994—Subsec. (b). Pub. L. 103–322 substituted ‘‘fined
under this title’’ for ‘‘fined not more than $500’’.
1991—Subsec. (a)(1). Pub. L. 102–237 inserted ‘‘brown
tree snakes,’’ after ‘‘reptiles,’’ in first sentence.
1990—Subsec. (a)(1). Pub. L. 101–646, as amended by
Pub. L. 104–332, inserted ‘‘of the zebra mussel of the species Dreissena polymorpha;’’ after ‘‘Pteropus;’’.
1981—Subsec. (c). Pub. L. 97–79 substituted ‘‘Secretary
of the Interior within one hundred and eighty days of
the enactment of the Lacey Act Amendments of 1981’’
for ‘‘Secretary of the Treasury’’.
1960—Pub. L. 86–702 substituted ‘‘Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia and reptiles; permits;
specimens for museums; regulations’’ for ‘‘Importation
of injurious animals and birds; permits; specimens for
museums’’ in section catchline.
Subsec. (a)(1). Pub. L. 86–702 designated first sentence
of subsec. (a) as par. (1), prohibited importation into
the Commonwealth of Puerto Rico or any possession of
the United States and shipments between the continental United States, the District of Columbia, Hawaii, the
Commonwealth of Puerto Rico, or any possession of the
United States, described the mongoose and flying foxes
by their scientific names, extended the provisions prohibiting importation or shipment to include wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, reptiles, or their eggs or offspring,
empowered the Secretary to prohibit importation or
shipment if injurious to human beings, forestry, or to
wildlife or wildlife resources, required prompt exportation or destruction at the expense of the importer or
consignee, provided that this section shall not be construed to repeal or modify any provision of the Public
Health Service Act or Federal Food, Drug, and Cosmetic Act and that it shall not authorize any action
with respect to the importation of plant pests, and deleted provisions which required destruction of prohibited birds and animals or their return at the expense of
the owner, and which prohibited the importation of the
English sparrow and the starling.

Page 28

Subsec. (a)(2), (3). Pub. L. 86–702 added pars. (2) and
(3).
Subsec. (a)(4). Pub. L. 86–702 designated second sentence of subsec. (a) as par. (4), limited importation of
natural-history specimens to dead ones, and included
all species of psittacine birds.
Subsec. (a)(5). Pub. L. 86–702 designated third sentence of subsec. (a) as par. (5), authorized enforcement
by the Secretary of the Interior, and permitted the Secretary of the Treasury, if requested by the Secretary of
the Interior, to require the furnishing of a bond.
Subsec. (b). Pub. L. 86–702 included violations of regulations.
1949—Subsec. (a). Act May 24, 1949, made section applicable to any Territory or district thereof as well as
to the United States, and changed phraseology.
Subsec. (b). Act May 24, 1949, reenacted subsec. (b)
without change.
Subsec. (c). Act May 24, 1949, added subsec. (c).
INVASIVE SPECIES
For provisions relating to restrictions on the introduction of invasive species into natural ecosystems of
the United States, see Ex. Ord. No. 13112, Feb. 3, 1999,
64 F.R. 6183, set out as a note under section 4321 of Title
42, The Public Health and Welfare.

§ 43. Force, violence, and threats involving animal enterprises
(a) OFFENSE.—Whoever travels in interstate or
foreign commerce, or uses or causes to be used
the mail or any facility of interstate or foreign
commerce—
(1) for the purpose of damaging or interfering with the operations of an animal enterprise; and
(2) in connection with such purpose—
(A) intentionally damages or causes the
loss of any real or personal property (including animals or records) used by an animal
enterprise, or any real or personal property
of a person or entity having a connection to,
relationship with, or transactions with an
animal enterprise;
(B) intentionally places a person in reasonable fear of the death of, or serious bodily
injury to that person, a member of the immediate family (as defined in section 115) of
that person, or a spouse or intimate partner
of that person by a course of conduct involving threats, acts of vandalism, property
damage, criminal trespass, harassment, or
intimidation; or
(C) conspires or attempts to do so;
shall be punished as provided for in subsection
(b).
(b) PENALTIES.—The punishment for a violation of section 1 (a) or an attempt or conspiracy
to violate subsection (a) shall be—
(1) a fine under this title or imprisonment
not 2 more than 1 year, or both, if the offense
does not instill in another the reasonable fear
of serious bodily injury or death and—
(A) the offense results in no economic
damage or bodily injury; or
(B) the offense results in economic damage
that does not exceed $10,000;
(2) a fine under this title or imprisonment
for not more than 5 years, or both, if no bodily
injury occurs and—
1 So
2 So

in original. Probably should be ‘‘subsection’’.
in original. Probably should be preceded by ‘‘for’’.