Lacey Act

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Titlesort descending Summary
American Wildlife Law - An Introduction


This article provides a short introduction to the matrix of government interests in controlling wildlife in the United States. The powers of state and federal government are considered along with limitations on the exercise of the authority.
Biological Information on the Asiatic Black Bear


Information on the physical characteristics, habitat, temperament, and mating and feeding patterns of the Asiatic black bear.
Brief Summary of Bear Farming and the Trade in Bear Bile


Brief summary of the practice of bear farming in Asian nations, as well as the problem of international trade in bear bile.
Brief Summary of the Lacey Act


The Lacey Act prohibits international and domestic wildlife trafficking. The Act makes it a separate crime to trade in wildlife, fish, and plants that have been taken in violation of other federal, state, or foreign laws. The Act also prohibits falsifying documents used for wildlife shipments and failing to mark wildlife shipments. Violators are subject to civil and criminal penalties. 
Detailed Discussion of Bears Used in Traditional Chinese Medicine


Discussion of the issue of bear farming and the international trade in bear bile. Analysis of the laws regulating farming and trade. Discusses how the issue presents a problem and proposes solutions.
Hughes v. Oklahoma


The Oklahoma statute at issue prohibited transporting or shipping outside the State for sale natural minnows seined or procured from waters within the State. Appellant, who held a Texas license to operate a commercial minnow business in Texas, was charged with violating the Oklahoma statute by transporting from Oklahoma to Texas a load of natural minnows purchased from a minnow dealer licensed to do business in Oklahoma.  In overruling Geer v. Connecticut, the Court held that the Oklahoma statute on its face discriminated against interstate commerce by forbidding the transportation of natural minnows out of the State for purposes of sale, and thus overtly blocking the flow of interstate commerce at the State's border.
Lacey Act
Overview of Bear Farming and the Trade in Bear Bile


College-level overview of the practice of bear farming in Asian nations, as well as the international trade in bear bile. Discussion of the laws regulating hunting and trade.
Overview of the Lacey Act (16 U.S.C. SS 3371-3378)


This article provides a brief overview of the federal Lacey Act (16 U.S.C. §§ 3371-3378). Included is a brief historical discussion as well as an examination of the criminal and civil provisions under the Act. A link to a more complete discussion is provided.
People v. Bootman


This is one of the first cases to construe the issue of interstate commerce with regard to state game laws and the Lacey Act.  Defendant purchased game birds that were killed outside of New York and brought them into the state when it was lawful to possess them.  The court stated it was required by the rule of stare decisis to hold that the Legislature did not intend to make criminal the possession during the closed season of game killed and brought here during the open season.  The court notes that the passage of the New York legislation occurred three months before the passage of the Lacey, thus having no effect.  The court does go on to note the Legislature has now made it clear that it is well within state police power to regulate wildlife.

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