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The Lacey Act: Overview & Enforcement

Codified at 16 U.S.C. §§ 3371–3378, the Lacey Act regulates trade in fish, wildlife, and plants that have been taken, possessed, transported, or sold in violation of underlying laws.

Last reviewed: 2026-10-16

1. Statutory Purpose & Core Prohibitions

Enacted by Congress in 1900 to protect wild game and birds, the statute prohibits trade in illegally sourced wildlife and plants. Under 16 U.S.C. § 3372(a), it is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase:

  • Any fish or wildlife 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; or
  • In interstate or foreign commerce, 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.

Under 16 U.S.C. § 3372(d), it is unlawful to make or submit any false record, account, label, or identification for any shipment of fish, wildlife, or plants covered by the Act.

Official Source: 16 U.S.C. § 3372 Prohibited Acts on uscode.house.gov ↗

2. Plant & Timber Provisions (2008 Amendments)

Under Public Law 110-246 (Section 8204), Congress amended the Lacey Act to extend protections to wild plants and plant products, including timber and lumber. The amendments make it unlawful to import, export, transport, sell, receive, acquire, or purchase covered plants taken, possessed, transported, or sold in violation of federal, state, tribal, or foreign laws.

In addition, 16 U.S.C. § 3372(f) requires importers to submit an import declaration stating the scientific genus and species, value, quantity, and country of harvest for covered plant products.

Official Source: Public Law 110-246, Section 8204 on congress.gov ↗

3. Administration & Enforcement Authorities

Under 16 U.S.C. § 3375, enforcement and administration authority is shared across federal departments:

  • U.S. Department of the Interior: Delegated to the U.S. Fish and Wildlife Service (USFWS) for terrestrial wildlife, birds, freshwater fish, and endangered species.
  • U.S. Department of Commerce: Delegated to the National Oceanic and Atmospheric Administration (NOAA Fisheries) for marine species and oceanic resources.
  • U.S. Department of Agriculture: Delegated to the Animal and Plant Health Inspection Service (USDA APHIS) for plant import declarations under 16 U.S.C. § 3372(f).
  • U.S. Department of Homeland Security: Delegated to U.S. Customs and Border Protection (CBP) for port-of-entry inspection and tariff enforcement.

Official Sources: 16 U.S.C. § 3375 Enforcement on uscode.house.gov ↗ • USDA APHIS Lacey Act Program on aphis.usda.gov ↗ • USFWS Lacey Act on fws.gov ↗

4. Injurious Wildlife (18 U.S.C. § 42)

Under 18 U.S.C. § 42, the Secretary of the Interior is authorized to prescribe regulations prohibiting the importation and interstate shipment of wild mammals, wild birds, fish, mollusks, crustaceans, amphibians, and reptiles determined to be injurious to human beings, agriculture, horticulture, forestry, or wildlife.

Official Source: 18 U.S.C. § 42 on uscode.house.gov ↗ • USFWS Injurious Wildlife Program on fws.gov ↗