16 U.S.C. § 1538 — Prohibited acts

(a) Generally. (1) Unless sections 1535(g)(2) and 1539 of this title provide otherwise, a person subject to United States jurisdiction may not, for an endangered fish or wildlife species listed under section 1533 of this title—(A) import the species into, or export it from, the United States; (B) take it within the United States or the United States territorial sea; (C) take it on the high seas; (D) possess, sell, deliver, carry, transport, or ship it by any means if it was taken in violation of subparagraph (B) or (C); (E) deliver, receive, carry, transport, or ship it by any means in interstate or foreign commerce, in the course of a commercial activity; (F) sell or offer it for sale in interstate or foreign commerce; or (G) violate a regulation that the Secretary issued under this chapter about that species or about a threatened fish or wildlife species listed under section 1533 of this title. (2) Unless sections 1535(g)(2) and 1539 of this title provide otherwise, a person subject to United States jurisdiction may not, for an endangered plant species listed under section 1533 of this title—(A) import it into, or export it from, the United States; (B) remove it from an area under Federal jurisdiction and take possession of it; maliciously damage or destroy it in such an area; or remove, cut, dig up, damage, or destroy it in another area while knowingly violating a State law or while committing a violation of a State criminal-trespass law; (C) deliver, receive, carry, transport, or ship it by any means in interstate or foreign commerce, in the course of a commercial activity; (D) sell or offer it for sale in interstate or foreign commerce; or (E) violate a regulation that the Secretary issued under this chapter about that species or about a threatened plant species listed under section 1533 of this title. (b) Species held in captivity or a controlled environment. (1) The prohibitions in subsection (a)(1)(A) and (a)(1)(G) do not apply to fish or wildlife held in captivity or in a controlled environment on (A) December 28, 1973, or (B) the date when the Federal Register published a final regulation adding that fish or wildlife species to a list under section 1533(c) of this title, if the holding and every later holding or use of the fish or wildlife were not part of a commercial activity. For an act prohibited by subsection (a)(1)(A) or (a)(1)(G) that happens more than 180 days after December 28, 1973, or more than 180 days after the publication date of that final regulation, there is a rebuttable presumption that the fish or wildlife involved does not qualify for this subsection’s exemption. (2)(A) Subsection (a)(1) does not apply to (i) a raptor legally held in captivity or in a controlled environment on November 10, 1978, or (ii) any offspring of such a raptor, until the raptor or offspring is intentionally returned to a wild state. (B) A person holding a raptor or offspring described in subparagraph (A) must be able to show that it qualifies under this paragraph. The person must keep and, when the Secretary requests, submit the inventories, documents, and records that the Secretary requires by regulation and considers reasonably appropriate to carry out this paragraph’s purposes. Those requirements must not unnecessarily duplicate other rules and regulations issued by the Secretary. (c) Violation of the Convention. (1) A person subject to United States jurisdiction may not trade in any specimens contrary to the Convention or possess any specimens traded contrary to the Convention, including contrary to the definitions of terms in Article I of the Convention. (2) An importation into the United States of fish or wildlife is presumed not to violate this chapter or a regulation issued under this chapter if—(A) the fish or wildlife is not an endangered species listed under section 1533 of this title but is listed in Appendix II to the Convention; (B) taking and exporting the fish or wildlife are not contrary to the Convention and all other applicable Convention requirements have been satisfied; (C) the applicable requirements of subsections (d), (e), and (f) have been satisfied; and (D) the importation is not part of a commercial activity. (d) Imports and exports. (1) General rule. Without first obtaining the Secretary’s permission, a person may not conduct business—(A) as an importer or exporter of fish or wildlife or plants, except for shellfish and fishery products that (i) are not listed under section 1533 of this title as endangered species or threatened species, and (ii) are imported for human or animal consumption or are taken in waters under United States jurisdiction or on the high seas for recreational purposes; or (B) as an importer or exporter of any amount of raw or worked African elephant ivory. (2) Requirements. A person who must obtain permission under paragraph (1) must—(A) keep records that fully and correctly disclose each importation or exportation of fish, wildlife, plants, or African elephant ivory made by that person and what that person later did with the fish, wildlife, plants, or ivory; (B) whenever a duly authorized Secretary representative gives notice at a reasonable time, give the representative access to the place of business, an opportunity to examine the inventory of imported fish, wildlife, plants, or African elephant ivory and the records required under subparagraph (A), and an opportunity to copy those records; and (C) file the reports that the Secretary requires. (3) Regulations. The Secretary must issue the regulations necessary and appropriate to carry out this subsection. (4) Restriction on considering the value or amount of imported or exported African elephant ivory. When granting permission under this subsection to import or export African elephant ivory, the Secretary may not change the permission requirements based on the value or amount of ivory imported or exported under the permission. (e) Reports. A person importing or exporting fish or wildlife or plants, except for shellfish and fishery products that (1) are not listed under section 1533 of this title as endangered species or threatened species, and (2) are imported for human or animal consumption or are taken in waters under United States jurisdiction or on the high seas for recreational purposes, may not fail to file a declaration or report that the Secretary considers necessary to help enforce this chapter or meet the Convention’s obligations. (f) Designation of ports. (1) A person subject to United States jurisdiction may not import into or export from the United States any fish or wildlife or plants, except for shellfish and fishery products that (A) are not listed under section 1533 of this title as endangered species or threatened species, and (B) are imported for human or animal consumption or are taken in waters under United States jurisdiction or on the high seas for recreational purposes, unless the person uses a port or ports designated by the Secretary of the Interior. To help enforce this chapter and reduce enforcement costs, the Secretary of the Interior, with the Secretary of the Treasury’s approval and after notice and an opportunity for a public hearing, may designate ports and change those designations by regulation. Subject to terms and conditions set by the Secretary of the Interior, the Secretary may allow importation or exportation at a port that is not designated if, in the Secretary’s judgment, this is appropriate and consistent with this subsection’s purpose, including for the health or safety of the fish, wildlife, or plants or for another reason. (2) A port designated by the Secretary of the Interior under section 668cc–4(d) of this title that was still designated on December 27, 1973, is treated as a port designated by the Secretary under paragraph (1) until the Secretary provides otherwise. (g) Violations. A person subject to United States jurisdiction may not attempt to commit, ask another person to commit, or cause another person to commit an offense defined in this section.