“To amend the Lacey Act Amendments of 1981 to ensure fair enforcement of such Act.”
No CRS summary available for this bill.
This section redesignates existing subsections (c) and (d) of Section 6 of the Lacey Act Amendments of 1981 as subsections (d) and (e), respectively, and establishes new subsection (c) setting forth procedures for merchandise—defined as fish, wildlife, or plants imported for sale—detained for inspection under the Lacey Act (which prohibits commerce in such species taken or possessed in violation of U.S., state, tribal, or foreign law). Specifically, new subsection (c) requires: (1) the Secretary to issue a notice of detention (including date, reason, anticipated length, planned tests or inquiries, and information to accelerate resolution) or release the merchandise within 5 days of detention; (2) allowance, within 10 days of notice, for the importer to transport the merchandise to a non-U.S. government location upon request, payment of fees, provision of a bond, and Secretary determination that it will not frustrate enforcement; (3) provision to the importer of test results and replication information if tests are conducted; (4) release or seizure (with notice) within 30 days of detention, with failure to act deemed a seizure; (5) administrative review of a seizure or deemed seizure upon importer request, with Secretary disposition (release or affirm) within 30 days; (6) eligibility for the importer to file a district court claim if the Secretary affirms the seizure or fails to timely respond; and (7) court-ordered relief for the importer (e.g., release), absent Secretary proof by preponderance of evidence of good cause for lacking an admissibility decision.