The Fish and Wildlife Service is responsible for regulating and managing the export and sale of fish, wildlife, and habitats in accordance with the requirements of the Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Endangered Species Act of 1973[i].

Thus, the U.S. Fish and Wildlife Service, Department of The Interior have promulgated regulations regarding the taking, possession, transportation, sale, purchase, barter, exportation, and importation of wildlife and plants.

The regulations implement the following statutes[ii]:

• Lacey Act[iii]
• Lacey Act Amendments of 1981[iv]
• Migratory Bird Treaty Act[v]
• Bald and Golden Eagle Protection Act[vi]
• Endangered Species Act of 1973[vii]
• Tariff Classification Act of 1962[viii]
• Fish and Wildlife Act of 1956[ix]
• Marine Mammal Protection Act of 1972[x]

The Endangered Species Act (ESA) makes it unlawful to violate the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES treaty) and imposes criminal penalties for violation of regulations implementing the CITES treaty[xi].

Any person who knowingly imports or exports any fish or wildlife or plants in violation of any provision of the Lacey Act will be fined not more than $ 20,000, or imprisoned for not more than five years, or both[xii].

Further, the Migratory Bird Treaty Act (MBTA) declares it a misdemeanor to pursue, hunt, take, capture, or kill birds protected by several international treaties[xiii].  The MBTA also specifies a maximum penalty of $ 15,000 and six months in prison for a misdemeanor violation.

Apart from the above mentioned Statutes, 18 USCS § 48 establishes a criminal penalty of up to five years in prison for anyone who knowingly creates, sells, or possesses a depiction of animal cruelty if done for commercial gain in interstate or foreign commerce[xiv].

A depiction of animal cruelty is defined as one in which a living animal is intentionally maimed, mutilated, tortured, wounded, or killed, if that conduct violates federal or state law where the creation, sale, or possession takes place[xv].

[i] Leisure Caviar, LLC v. United States Fish & Wildlife Serv., 2010 U.S. App. LEXIS 17252 (6th Cir. Tenn. 2010).

[ii] 50 CFR 10.1.

[iii] 18 USCS § 42.

[iv] 16 USCS § 3371-3378.

[v] 16 USCS § 703-712.

[vi] 16 USCS § 668a-668d.

[vii] 16 USCS §1531-1543.

[viii] 19 USCS § 1202.

[ix] 16 USCS § 742a-742j-l.

[x] 16 USCS § 1361-1384, 1401-1407.

[xi] United States v. Lawson, 2010 U.S. App. LEXIS 8921 (9th Cir. Wash. Apr. 29, 2010).

[xii] 16 USCS § 3373.

[xiii] United States v. Apollo Energies, Inc., 611 F.3d 679 (10th Cir. Kan. 2010).

[xiv] United States v. Stevens, 130 S. Ct. 1577 (U.S. 2010).

[xv] 18 USCS § 48.