Re: NANFA-- Re: more Lacy Act

Christopher Scharpf (ichthos_at_charm.net)
Mon, 05 Jun 2000 07:56:17 -0400

>Technically not declaring livestock to the post office is a violation of
>postal regs. This makes the interstate transport of the wildlife illegal,
>thus the Lacy Act violations. It doesn't have to be a protected species, the
>Lacy Act is a broad blanket act that covers all illegal transport of wildlife
>whether it be fish, fowl, mammal, reptile or arthropod. All I'm reporting is
>how my friend and Fish and Wildlife have explained it to me. This may be a
>stricter than normal interpretation but they made it stick to my frien Eric.
>Ed

Here's that section of the Act:

TITLE 50--WILDLIFE AND FISHERIES

CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE
INTERIOR

PART 14--IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE--Table of
Contents

Subpart H--Marking of Containers or Packages

Sec. 14.81 Marking requirement.

Source: 52 FR 45341, Nov. 27, 1987, unless otherwise noted.

Except as otherwise provided in this subpart, no person may import,
export, or transport in interstate commerce any container or package
containing any fish or wildlife (including shellfish and fishery
products) unless he/she marks each container or package conspicuously on
the outside with both the name and address of the shipper and consignee.
An accurate and legible list of its contents by species scientific name
and the number of each species and whether or not the listed species are
venomous must accompany the entire shipment.

Sec. 14.82 Alternatives and exceptions to the marking requirement.

(a) The requirements of Sec. 14.81 may be met by complying with one
of the following alternatives to the marking requirement:
(1)(i) Conspicuously marking the outside of each container or
package containing fish or wildlife with the word ``fish'' or
``wildlife'' as appropriate for its contents, or with the common name of
its contents by species, and
(ii) Including an invoice, packing list, bill of lading, or similar
document to accompany the shipment which accurately states the name and
address of the shipper and consignee, states the total number of
packages or containers in the shipment, and for each species in the
shipment specifies:
(A) The common name that identifies the species (examples include:
Chinook (or king) salmon; bluefin tuna; and whitetail deer) and whether
or not the listed species is venomous; and
(B) The number of that species (or other appropriate measure of
quantity such as gross or net weight).

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