Lacey Act
US federal law criminalising trade in wildlife taken in violation of other law
The Lacey Act is a US federal statute that prohibits the import, export, transport, sale, receipt and purchase of fish, wildlife and plants when these have been taken, possessed, transported or traded in violation of applicable law. The Act is codified at 16 U.S.C. chapter 53, §§ 3371-3378, with the central penal provision found in 16 U.S.C. § 3372.
The particular construction of the statute makes it an effective tool against wildlife trafficking: the underlying offence need not itself be a federal violation. If an animal has been taken or traded in violation of a state law, the rules of a Native American tribe or other relevant legislation, the subsequent trade in that animal can constitute a separate federal crime under the Lacey Act. The reach of the statute therefore extends across the entire illegal chain — from capture to resale.
In cases such as those against Joe Exotic and Bhagavan 'Doc' Antle, the Lacey Act is not applied as an animal welfare law in the narrow sense, but as a trafficking statute aimed at the commercial turnover of animals that at some link in the chain have been the subject of unlawful possession or trade. The prosecution must establish that the defendant knew or should have known that the animals were connected to such an illegal chain.
Violations of the Lacey Act can be punished by fines and imprisonment. Serious violations — typically characterised by a commercial purpose and a value exceeding 350 dollars — can carry up to five years' imprisonment per count, while less serious violations are treated as misdemeanours with a lower penalty range. Civil sanctions and forfeiture of animals and proceeds may also be imposed.
