ELR Citation: ELR 21106
No(s). 87-5289 (11th Cir. May 17, 1988)

The court rules that the provision in the Lacey Act making it illegal to possess or import fish or wildlife taken in violation of foreign law is not an unconstitutional delegation of legislative power to foreign governments. The Act simply excludes from the stream of foreign commerce wildlife unlawfully taken abroad, and is well within Congress' plenary power over foreign commerce. The legislative history behind the 1981 amendments to the Lacey Act indicates Congress' intent to eliminate the illegal wildlife trade and protect wild flora and fauna; the element of illegal taking in violation of foreign law is simply a characteristic by which the court can distinguish wildlife properly in the stream of commerce from wildlife that Congress has excluded from commerce. The court also holds that the district court did not err in refusing to suppress statements made by the defendant to the Coast Guard during the initial boarding of his boat prior to his arrest.

Counsel for Plaintiff-Appellee
Leon B. Kellner, U.S. Attorney
155 S. Miami Ave., Rm. 700, Miami FL 33130
(305) 536-4471

Counsel for Defendant-Appellant
Robert A. Herce
Herce & Herce
3302 W. Cypress St., Tampa FL 33607
(813) 877-3715

Before FAY and VANCE, Circuit Judges, and HOFFMAN,^[*] Senior District Judge.