Page:United States Statutes at Large Volume 95.djvu/1100

 95 STAT. 1074

PUBLIC LAW 97-79—NOV. 16, 1981

Guam, Northern Mariana Islands, American Samoa, and any other territory, commonwealth, or possession of the United States. (i) The term "taken" means captured, killed, or collected. (j) The term "transport" means to move, convey, carry, or ship by any means, or to deliver or receive for the purpose of movement, conveyance, carriage, or shipment. 16 USC 3372

SEC. 3. PROHIBITED ACTS. (a) OFFENSES OTHER THAN MARKING OFFENSES.—It

is unlawful for

any personC to import, export, transport, sell, receive, acquire, or purD chase any fish or wildlife or plant taken or possessed in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law; (2) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce— (A) any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law, or (B) any plant taken, possessed, transported, or sold in violation of any law or regulation of any State; (3) within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18, United States Code)— (A) to possess any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law or Indian tribal law, or (B) to possess any plant taken, possessed, transported, or sold in violation of any law or regulation of any State; (4) having imported, exported, transported, sold, purchased, or received any fish or wildlife or plant imported from any foreign country or transported in interstate or foreign commerce, to make or submit any false record, account, label, or identification thereof; or (5) to attempt to commit any act described in paragraphs (1) through (4). (b) MARKING OFFENSES.—It is unlawful for any person to import, export, or transport in interstate commerce any container or package containing any fish or wildlife unless the container or package has previously been plainly marked, labeled, or tagged in accordance with the regulations issued pursuant to paragraph (2) of subsection 7(a) of this Act. 16 USC 3373.

SEC. 4. PENALTIES AND SANCTIONS. (a) CIVIL PENALTIES.—

(1) Any person who engages in conduct prohibited by any provision of this Act (other than subsection S(h)) and in the exercise of due care should know that the fish or wildlife or plants were taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any underlying law, treaty, or regulation, may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation: Provided, That when the violation involves fish or wildlife or plants with a market value of less than $350, and involves only the transportation, acquisition, or receipt of fish or wildlife or plants taken or possessed in violation of any law, treaty, or regulation of the United States, any Indian tribal law, any foreign law, or any law

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