Legal Definitions - Lacey Act

Lacey Act

The Lacey Act is a foundational United States federal law designed to combat illegal trafficking in wildlife, fish, and plants. Enacted in 1900, it makes it unlawful to import, export, transport, sell, receive, acquire, or purchase any fish, wildlife, or plant that has been taken, possessed, transported, or sold in violation of any federal, state, tribal, or foreign law. Essentially, if an animal, fish, or plant is illegally harvested, hunted, fished, or traded in one jurisdiction, it is illegal under the Lacey Act to move or sell it across state or national borders. The Act also prohibits the transport of species that are considered injurious to local ecosystems.

Here are some examples of how the Lacey Act applies:

• Illegal Timber Trade: A company operates in a state where specific tree species are protected from logging without a permit. The company illegally harvests a large quantity of this protected timber and then transports it across state lines to sell to a furniture manufacturer in another state. The Lacey Act would be violated because the timber was taken in contravention of state law and subsequently transported interstate for commercial purposes.

  This example illustrates the Lacey Act's reach by showing how it prohibits the interstate transport and sale of plants (timber) that were obtained illegally under a state's environmental protection laws.

• Exotic Pet Smuggling: An individual travels to a foreign country and illegally acquires several endangered exotic birds, which are protected under both international treaties and U.S. federal law. They smuggle these birds into the United States and attempt to sell them to collectors in various states. The Lacey Act would be violated due to the illegal importation and subsequent interstate sale of endangered wildlife, which were acquired and transported in violation of foreign and federal laws.

  This demonstrates the Act's application to wildlife that is illegally imported from abroad and then trafficked domestically, highlighting its role in enforcing international and federal wildlife protection laws.

• Poached Fish Sales: A commercial fishing operation in one state exceeds its legal catch limits for a particular species of fish, violating that state's fishing regulations. To avoid detection, they transport the illegally caught fish to a neighboring state and attempt to sell it to restaurants and seafood markets there. The Lacey Act would be violated because the fish were taken in violation of state law and then transported across state lines for sale.

  This example shows how the Lacey Act supports state-level conservation efforts by making it illegal to move and sell fish that were harvested in violation of a state's specific fishing quotas or regulations.