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16 U.S.C. § 851 to 856 — Repealed. Pub. L. 97–79, § 9(b)(1), Nov. 16, 1981, 95 Stat. 1079

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 851 to 856 — Repealed. Pub. L. 97–79, § 9(b)(1), Nov. 16, 1981, 95 Stat. 1079

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Stable record: federal_law:legal_authorities:record_usc_1fceabf26f1864fb8849b45d
Source file: Laws/federal/codes/united-states-code/title-16/section-851-to-856-16-u-s-c-851-to-856-repealed-pub-l-9779-9-b-1-nov-16-1981-95-stat-1079--f6610c977d.md
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Source location: Title 16, Chapter 13, § 851 to 856; chapter-013-regulation-of-transportation-in-interstate-or-foreign-commerce-of-black-bass-and-other-fish.md

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### Statutory Notes Section 851, acts May 20, 1926 ch 346, § 1, 44 Stat. 576; July 2, 1930, ch. 801, 46 Stat. 845; July 30, 1947, ch. 348, 61 Stat. 517; July 16, 1952, ch. 911, § 1, 66 Stat. 736; Dec. 5, 1969, Pub. L. 91–135, § 9(d), 83 Stat. 282, defined the terms “person” and “State”. See [section 3371 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3371&num=0&edition=prelim). Section 852, acts May 20, 1926, ch. 346, § 2, 44 Stat. 576; July 2, 1930, ch. 801, 46 Stat. 845; July 30, 1947, ch. 348, 61 Stat. 517; July 16, 1952, ch. 911, § 2, 66 Stat. 736; Dec. 5, 1969, Pub. L. 91–135, § 9(a), 83 Stat. 281, made illegal the transportation of illegally taken black bass or other fish. See [section 3372 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3372&num=0&edition=prelim). Section 852a, act May 20, 1926, ch. 346, § 3, as added July 2, 1930, ch. 801, 46 Stat. 846; amended July 30, 1947, ch. 348, 61 Stat. 517; July 16, 1952, ch. 911, § 2, 66 Stat. 736; Dec. 5, 1969, Pub. L. 91–135, § 9(b), 83 Stat. 282, provided for the markings on the outside of packages and containers used in the transportation of fish. See [section 3376(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3376/a&num=0&edition=prelim). Section 852b, act May 20, 1926, ch. 346, § 4, as added July 2, 1930, ch. 801, 46 Stat. 846; amended July 30, 1947, ch. 348, 61 Stat. 517; July 16, 1952, ch. 911, § 2, 66 Stat. 736, related to the application of State laws with regard to fish arriving in the State. See [section 3378(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3378/a&num=0&edition=prelim). Section 852c, act May 20, 1926, ch. 346, § 5, as added July 2, 1930, ch. 801, 46 Stat. 846; amended 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 30, 1947, ch. 348, 61 Stat. 517; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, authorized the making of expenditures by the Secretary in carrying out the responsibilities under this chapter. See section 3378(d) and (e) of this title. Section 852d, act May 20, 1926, ch. 346, § 6, as added July 2, 1930, ch. 801, 46 Stat. 846; amended 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 30, 1947, ch. 348, 61 Stat 517; Oct. 17, 1968, Pub. L. 90–578, title IV, § 402(b)(2), 82 Stat. 1118; Dec. 5, 1969, Pub. L. 91–135, § 9(c), 83 Stat. 282; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, related to the power of arrest without warrant, utilization of Federal agencies, searches and seizures, and forfeitures. See sections 3374 and 3375 of this title. Section 853, act May 20, 1926, ch. 346, § 7, as added July 2, 1930, ch. 801, 46 Stat. 847; amended July 30, 1947, ch. 348, 61 Stat. 517, set out the penalties for the violation of the provisions of this chapter. See [section 3373 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3373&num=0&edition=prelim). Section 854, act May 20, 1926, ch. 346, § 8, as added July 2, 1930, ch. 801, 46 Stat. 847; amended July 30, 1947, ch. 348, 61 Stat. 517; July 16, 1952, ch. 911, § 2, 66 Stat. 736, related to the effect of this chapter on the power of States. See [section 3378(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3378/a&num=0&edition=prelim). Section 855, act May 20, 1926, ch. 346, § 9, as added July 2, 1930, ch. 801, 46 Stat. 847; amended July 30, 1947, ch. 348, 61 Stat. 517; Aug. 25, 1959, Pub. L. 86–207, 73 Stat. 430, related to the effect of this chapter on breeding and stocking. See [section 3377(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3377/c&num=0&edition=prelim). Section 856, act May 20, 1926, ch. 346, § 10, as added July 30, 1947, ch. 348, 61 Stat. 517; amended July 16, 1952, ch. 911, § 2, 66 Stat. 736, directed that this chapter not apply to steelhead trout (salmo gairderii) legally taken in the Columbia River between the States of Washington and Oregon.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3371 — Definitions

For the purposes of this chapter: **(a) Breed.—** The term “breed” means to facilitate propagation or reproduction (whether intentionally or negligently), or to fail to prevent propagation or reproduction. **(b)** 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. **(c)** The term “import” means to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. **(d)** The term “Indian tribal law” means any regulation of, or other rule of conduct enforceable by, any Indian tribe, band, or group but only to the extent that the regulation or rule applies within Indian country as defined in [section 1151 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1151&num=0&edition=prelim). **(e)** The terms “law,” “treaty,” “regulation,” and “Indian tribal law” mean laws, treaties, regulations or Indian tribal laws which regulate the taking, possession, importation, exportation, transportation, or sale of fish or wildlife or plants. **(f)** The term “person” includes any individual, partnership, association, corporation, trust, or any officer, employee, agent, department, or instrumentality of the Federal Government or of any State or political subdivision thereof, or any other entity subject to the jurisdiction of the United States. **(g) Plant.—** (1) **In general.—** — The terms “p

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3372 — Prohibited acts

**(a) Offenses other than marking offenses** 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— (i) taken, possessed, transported, or sold in violation of any law or regulation of any State, or any foreign law, that protects plants or that regulates— (I) the theft of plants; (II) the taking of plants from a park, forest reserve, or other officially protected area; (III) the taking of plants from an officially designated area; or (IV) the taking of plants without, or contrary to, required authorization; (ii) taken, possessed, transported, or sold without the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any State or any foreign law; or (iii) taken, possessed, transported, or sold in violation of any limitation under any law or regulation of any State, or under any foreign law, governing the export or transshipment of plants; (3) within the special maritime and territorial jurisdiction of the United States (as defined in [section 7 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section7&num=0&edition=prelim))— (A) to possess any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3373 — Penalties and sanctions

**(a) Civil penalties** (1) Any person who engages in conduct prohibited by any provision of this chapter (other than subsections (b), (d), (e), and (f) of [section 3372 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3372&num=0&edition=prelim)) 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, and any person who knowingly violates subsection (d), (e), or (f) of [section 3372 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3372&num=0&edition=prelim), 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 or regulation of any State, the penalty assessed shall not exceed the maximum provided for violation of said law, treaty, or regulation, or $10,000, whichever is less. (2) Any person who violates subsection (b) or (f) of [section 3372 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3372&num=0&edition=prelim), except as provided in paragraph (1), may be assessed a civil penalty by the Secretary of not more than $250. (3) For purposes of paragraphs (1) and (2), any reference to a provision of this chapter or to a section of this chapter shall be treated as including any regulation issued to carry out any

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