436 



under inhumane or unhealthful conditions or In vio- 

 lation of such requirements. In any criminal prose- 

 cutlcn tor Tlol&tlon of this subsection and In aoy 

 administrative proceeding for the suspensloD of the 

 Issuance of further permits — 



(1) the condition of any vessel or conveyance, 

 or the enclosures In which wild animals or Urda 

 are confined therein, upon Its arrival In the United 

 States, or any Territory or district thereof, shall 

 constitute relevant evidence in determining 

 whether the provisions of this subsection have 

 been violated; and 



(2) the presence in such vessel or conveyance 

 at such time of a substantial ratio of dead, crip- 

 pled, diseased, or starving wild animals or birds 

 shall be deemed prima facie evidence of the viola- 

 tion of the provisions of this subsection. 



(June 25, 1948, ch. 645. 62 Stat. 687; May 24, 1949. 

 Ch. 139, i 2, 63 SUt. 89; Sept. 2, 1960. Pub. L. 80- 

 702, t 1, 74 Stat. 753.) 



AimfDimfTi 



1060— Pub. L. M-70a sulMtituted "Importation or ship- 

 ment of Injurloiw mamnuils, birds, fish (including mol- 

 luska and cnutaoea), amphibia and raptUei; permit*, 

 •paolmens for muaeuma; regulations" for "Importation 

 of Injurious anlmala and blrda; permit*; speoUnena for 

 muaeuma" in the oatchUne. 



Subsec. (a)(1). Pub. L. 89-703 dealgnated flnt sen- 

 tence of former subeec. (a) as subsec. (a) (1), prohibited 

 Importation into the Commonwealth of Puerto Bloo or 

 any poesesslon of the UiUted States and shipments be- 

 tween the continental United States, the Dlstrlot of 

 Columbia, Hawaii, the Commonwealth of Puerto Rico, 

 or any poesesslon of the United States, described the 

 mongoose and flying foxes by their scientific names, 

 extended the provisions prohibiting Importation or ship- 

 ment to Include wild mammals, wild birds, fish (In- 

 cluding mollusks and Crustacea), amphibians, reptiles, 

 or their eggs or offspring, empowered the Secretary to 

 prohibit Importation or shipment If Injurious to human 

 beings, forestry, or to wildlife or wildlife resources, 

 required prompt exportation or destruction at the expense 

 of the Importer or consignee, provided that this section 

 ■ball not be construed to repeal or modify any provision 

 of the Public Health Service Act or Federal Food, Drug, 

 and Cosmetic Act and that It shall not authorize any 

 action with respect to the Importation of plant pests, 

 and deleted provisions which required destruction of pro- 

 hibited birds and animals or their return at the expense 

 of the owner, and which prohibited the Importation of 

 the English sparrow and the starling. 



Subsecs. (a) (3), (3). Pub. L. 8»-703 added subsecs. 

 (a) (3) and (a) (3). 



Subsec. (a) (4). Pub. L. M-703 designated second sen- 

 tence of former subsec. (a) as subsec. (a) (4) , limited 

 Importation of natural-history Epeclmens to detul ones, 

 and Included all species of pslttaclne birds. 



Subsec. (a)(6). Pub. L. 86-703 designated third sen- 

 tence of former subsec. (a) as subsec. (a) (S), authorized 

 enforcement by the Secretary of the Interior, and per- 

 mitted the Secretary of the Treasury, If requested by the 

 Secretary of the Interior, to require the furnishing of a 

 bond. 



Subsec. (b) . Pub. L. 86-703 Included violations of 

 regulations. 



1949 — Subsec. (a). Act May 34, 1940, made section 

 applicable to any Territory or district thereof as well as 

 to the United States, and changed the phraseology 



Subeec. (b). Act May 34, 1049, reenacted subsec. (b) 

 without change. 



Subsec. (c) . Act May 34, 1940, added subsec. (c) . 



S 43. Transportation of wildlife taken in violation of 

 State, National, or foreign laws; receipt; making 

 false records. 



(a) Any iterson who — 



(1) delivers, carries, transports, or ships, by any 

 means whatever, or causes to be delivered, carried, 

 transported, or shipped for commercial or noncom- 

 mercial purposes or sells or causes to be sold any 

 wildlife taicen, transi>orted, or sold in any manner 

 in violation of any Act of Congress or regulation 

 Issued thereunder, or 



(2) delivers, carries, transports, or ships, by 

 any means whatever, or causes to be delivered, 

 carried, transported, or shipped for commercial or 

 noncommercial purposes or sells or causes to be 

 sold in interstate or foreign commerce any wild- 

 life taken, transported, or sold in any manner in 

 violation of any law or regulation of any State 

 or foreign country ; or 



(b) Any person who — 



(1) sells or causes to be sold any products manu- 

 factured, made, or processed from any wildlife 

 taken, transported, or sold in any manner in viola- 

 tion of any Act of Congress or regulation issued 

 thereunder, or 



(2) sells or causes to be sold in interstate or 

 foreign commerce any products manufactured, 

 made, or processed from any wildlife taken, trans- 

 ported, or sold in any manner in violation of any 

 law or regulation of a State or a foreign country, or 



(3) having purchased or received wildlife im- 

 ported from any foreign country or shipped, trans- 

 ported, or carried in Interstate commerce, makes 

 or causes to be made any false record, account, 

 label, or identification thereof, or 



(4) receives, acquires, or purchases for com- 

 mercial or noncommercial purposes any wildlife — 



(A) taken, transported, or sold in violation of 

 any law or regulation of any State or foreign 

 country and delivered, carried, transported, or 

 shipped by any means or method in Interstate 

 or foreign commerce, or 



(B) taken, transported, or sold In violation 

 of any Act of Congress or regulation issued 

 thereunder, or 



(5) imports from Mexico to any State, or ex- 

 ports from any State to Mexico, any game mam- 

 mal, dead or alive, or part or product thereof, 

 except under permit or other authorization of the 

 Secretary or. In accordance with any regulations 

 prescribed by him, having due regard to the re- 

 quirements of the Migratory Birds and Oame 

 Mammals Treaty with Mexico and the laws of the 

 United States forbidding importation of certain 

 live mammals injurious to agriculture and horti- 

 culture; 



shall be subject to the penalties prescribed in subsec- 

 tions (c) and (d> of this section. 



(c) (1) Any person who knowingly violates, or who, 

 in the exercise of due care, should know that he 

 is violating, any provision of subsection (a) or (b) of 

 this section may be assessed a civil penalty by the 

 Secretary of not more than $5,000 for each such 

 violation. Each violation shall be a separate offense. 

 No penalty shall be assessed unless' such person is 

 given notice and opportunity for a hearing with re- 

 spect to such violation. Any such civil penalty may 

 be compromised by the Secretary. Upon any failure 

 to pay the penalty assessed under this paragraph, 

 the Secretary may request the Attorney General to 



