Subject: Wildife laws: Lacey Act

From: Kenelm Philip <[email-masked]>
Date: Tue, 7 Nov 1995 11:45:35 -0900

Several people requested information on the wildife laws affecting
collecting. I posted (5 Nov.) a list of the various laws and regulations
that one had to read to be informed about this--but in response to these
inquiries I post below the relevant portions of the Lacey Act, as modified
in 1981. It is this law that poses the basic problem, since it makes other
violations into a Federal crime.

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  The original Lacey Act was, among other things, concerned with the
"Importation or shipment of injurious mammals birds, fish (including
mollusks and crustacea), amphibia, and reptiles;..." .
  There was a special exclusion for museum specimens, as follows:
"Nothing in this subsection shall restrict the importation of dead
natural history specimens for musuem or for scientific collections..."
  The Lacey Act was modified in 1981 to include the following language:
 "For the purposes of this Act:
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." . .
Under the heading "Prohibited acts" were included: "It is unlawful for
any person--
(1) to import, export, transport, sell, receive, acquire, or purchase any
fish or wildlife or plant taken, possessed, transported, or sold 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, tranported, 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, possesed, 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) to attempt to commit any act described in paragraphs (1) through (4)."
  It should be noted that it is also a violation of the Act to provide,
for money, any guiding or outfitting service or hunting or fishing
license for the illegal taking, etc, of wildlife
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  In my estimation it was a grave error to extend such a law to cover non-
protected and non-endangered species of insects and other 'lower' organisms.
However, we are now stuck with it... The voluminous regulations in 50 CFR
that affect the import and export of specimens are attempts to flesh out the
Lacey Act (and the Endangered Species Act) into a series of rules covering
the things people do with specimens--and in some cases the regulations
have been written by people who were not informed about standard
entomological practice.

                                                Ken Philip
[email-masked]

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From: Bob Greback <[email-masked]>
Date: Tue, 7 Nov 1995 15:57:05 EST

Although an interesting reference, the Lacey Act only cites violations of
other law.  It is the other law that is of importance.  I suggest that for
the purposes of collecting on the continental U.S. everyone look at
applicable state and/or local statutes.  Although I have not done this, my
SUSPICION is that very few, if any, laws are on the books prohibiting the
collection of NON-ENDANGERED butterflies.

Bob

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From: Kenelm Philip <[email-masked]>
Date: Tue, 7 Nov 1995 12:25:15 -0900

Bob Greback is correct as regards collecting non-endangered butterflies
on private land (not covered under the Lacey Act) in the U.S. However, col-
lecting non-endangered butterflies in foreign countries and bringing the
specimens back to the U.S. is not legal under the Lacey Act unless all
required permits for both collecting and export are obtained--and many
countries now have such requirements. You must also fill out Form 3-177
when bringing the specimens into the U.S.
  In the U.S., permits are required for non-endangered butterflies in Nat-
ional Parks, National Wildlife Refuges, and some National Forests (may vary
>from  forest to forest). Some BLM lands may require permits as well. Permits
may also be required for collecting in State Parks, and in some states for
collecting on _all_ state lands. There may also be special state laws in-
volved: Alaska has one that forbids the collection of aquatic insects with-
out a permit!

                                                        Ken Philip
[email-masked]