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Lacey Act Frequently Asked Questions Form
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People also ask
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What are the exemptions for the Lacey Act?
Certain products are exempt from the Lacey Act's requirements. Exemptions include: Plant products used exclusively as packaging material to support, protect or carry another item, unless the packaging material itself is the item being imported.
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What are the violations of the Lacey Act?
Violations can include taking wildlife from protected areas, taking wildlife without a proper permit, or failing to pay proper royalties or export fees. The underlying foreign law does not need to be a criminal law or a law that is regularly enforced, and the foreign law may be interpreted by U.S. courts.
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What are the exceptions to the Endangered Species Act?
ESA contains a number of exceptions. For example, a species may be exempted by the Endangered Species Committee (“God Squad”) or not covered if it is an experimental population (members of an endangered or threatened species that are released outside of the species' current range to further conservation purposes).
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What is required for Lacey Act reporting?
The Lacey Act requires, in an exercise of due care, that you know the plants or plant products were not taken, possessed, transported, or sold in violation of the Act or in a manner unlawful under any underlying law, treaty, or regulation.
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What are the sanctions on the Lacey Act?
Under the felony portion of the statute, the maximum penalty was set at $20,000 and/or five years imprisonment; misdemeanor violations were set at $10,000 and/or up to one-year imprisonment.
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What are the exceptions to the Lacey Act?
The Lacey Act provides an exception to the plant import declaration requirement for: Plants used exclusively as packaging material to support, protect, or carry another item, unless the packaging material itself is the item being imported (§ 3372(f)(3))
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What does the Lacey Act prevent?
The Lacey Act, as amended in 1981 and 2008, prohibits the importation, exportation, transportation, sale, receipt, acquisition, or purchase of any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or any Indian...
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What are the elements of the Lacey Act?
The Lacey Act, as amended in 1981 and 2008, prohibits the importation, exportation, transportation, sale, receipt, acquisition, or purchase of any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or any Indian...
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