The Sportsmen's Advocate Summer 2023 | Page 40

Agents prevent wildlife trafficking over land and water .
problem of the early 20th century to now encompass the Interior Department , the Commerce Department and many of their respective agencies . The act has also been expanded beyond wildlife to include fish species , as well as certain plant species . Penalties for violations of the act can be severe , with certain felonies carrying up to $ 250,000 in fines and 5 years in prison for individuals .
This highly complex federal statute is often referred to , in today ’ s parlance , as a wildlife “ trafficking ” law . In general , the act makes it unlawful to :
• import , export , transport , sell , receive , acquire , or purchase
• wildlife , fish , or plants that have been
• taken , possessed , transported , or sold in violation of a
• state , federal , foreign , or tribal law or regulation
As a complex statute , there are of course a number of exemptions and a host of requirements for importers and exporters , but it is highly advisable that every sportsman become knowledgeable of the Lacey Act and its prohibitions . A violation , even one that is innocently made where the individual does not realize that a violation has occurred , can lead to extreme penalties , fines and even jail time in some cases .
We ’ ve all heard of the unfortunate hunter who was hunting along a border area between two states , only to find out later that he miscalculated and ended up in the state he was not licensed for . Any game taken in this scenario holds the potential for a Lacey Act violation . A miscounted creel limit on fish , a mistaken hen taken while duck hunting — frankly we can all see how a violation of state fish
Crossing a state border with illegally taken game violates the Lacey Act .
and wildlife laws can lead to a federal felony under the Lacey Act in the wrong circumstances . This is especially true for those who travel across state lines while enjoying the great outdoors .
As always , it is up to every responsible hunter , angler and trapper to abide by all rules and regulations while in the field , but our responsibility doesn ’ t end there . Transporting our harvest is also regulated , and we must ensure that we are protecting ourselves by knowing what the law requires at each step .
COURTESY OF USFWS ( 2 )
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