19 U.S.C. § 1527 — Importation of wild mammals and birds in violation of foreign law
submitted 96 years ago by ch. 497 to r/title-19-CUSTOMS-DUTIES · 463 words · no verdicts yet
Wild mammals, birds, and their parts or products taken or exported in violation of another country’s restrictions generally may not be imported without a U.S. consul’s certification. The section provides forfeiture rules and exceptions for prohibited, scientific, educational, and certain hunting imports.
(a) Importation prohibited. If a country or one of its governmental subdivisions restricts taking, killing, possessing, or exporting to the United States any wild mammal or bird, alive or dead, or any part or product of one, the item may not be imported, directly or indirectly, from that place after 90 days after June 17, 1930, unless the U.S. consul for the export port or place certifies that it was not acquired or exported in violation of that place’s laws or regulations.
(b) Forfeiture. An item imported in violation is subject to seizure and forfeiture under the customs laws. The Treasury Secretary may, under prescribed rules, place it with Federal or State departments or bureaus, societies, or museums for exhibition or scientific or educational purposes; destroy it; or, except for wild-mammal heads or horns, sell it as law provides.
(c) Exceptions. This section does not apply to (1) an import whose importation is prohibited by this chapter, section 42(a) of title 18, or another law; (2) a live or dead wild mammal or bird, or part or product, imported for scientific or educational purposes; or (3) a migratory game bird for which an open season exists under U.S. law and the law of a treaty country, brought by a bona fide sportsman returning from hunting there, if possession is not prohibited by that country’s or U.S. law when imported.
If the laws or regulations of any country, dependency, province, or other subdivision of government restrict the taking, killing, possession, or exportation to the United States, of any wild mammal or bird, alive or dead, or restrict the exportation to the United States of any part or product of any wild mammal or bird, whether raw or manufactured, no such mammal or bird, or part or product thereof, shall, after the expiration of ninety days after June 17, 1930, be imported into the United States from such country, dependency, province, or other subdivision of government, directly or indirectly, unless accompanied by a certification of the United States consul, for the consular district in which is located the port or place from which such mammal or bird, or part or product thereof, was exported from such country, dependency, province, or other subdivision of government, that such mammal or bird, or part or product thereof, has not been acquired or exported in violation of the laws or regulations of such country, dependency, province, or other subdivision of government.
Any mammal or bird, alive or dead, or any part or product thereof, whether raw or manufactured, imported into the United States in violation of the provisions of the preceding subdivision shall be subject to seizure and forfeiture under the customs laws. Any such article so forfeited may, in the discretion of the Secretary of the Treasury and under such regulations as he may prescribe, be placed with the departments or bureaus of the Federal or State Governments, or with societies or museums, for exhibition or scientific or educational purposes, or destroyed, or (except in the case of heads or horns of wild mammals) sold in the manner provided by law.
The provisions of this section shall not apply in the case of—
Articles the importation of which is prohibited under the provisions of this chapter, or of section 42(a) of title 18, or of any other law;
Wild mammals or birds, alive or dead, or parts or products thereof, whether raw or manufactured, imported for scientific or educational purposes;
Migratory game birds (for which an open season is provided by the laws of the United States and any foreign country which is a party to a treaty with the United States, in effect on the date of importation, relating to the protection of such migratory game birds) brought into the United States by bona fide sportsmen returning from hunting trips in such country, if at the time of importation the possession of such birds is not prohibited by the laws of such country or of the United States.
Source credit: (June 17, 1930, ch. 497, title IV, § 527, 46 Stat. 741.)
- 1930Enacted · Act of June 17, 1930, ch. 497 · 46 Stat. 741
A history note hasn’t been published yet. The record shows enactment by ch. 497 on 1930-06-17.
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