# § 3377. Exceptions
**(a)** **Activities regulated by plan under Magnuson-Stevens Fishery Conservation and Management Act** section 3372(a) of this title16 U.S.C. 1801
The provisions of paragraph (1) of shall not apply to any activity regulated by a fishery management plan in effect under the Magnuson-Stevens Fishery Conservation and Management Act ( et seq.).
**(b)** **Activities regulated by Tuna Convention Acts; harvesting of highly migratory species taken on high seas** The provisions of paragraphs (1), (2)(A), and (3)(A) of section 3372(a) of this title shall not apply to—
**1** any activity regulated by the Tuna Conventions Act of 1950 (16 U.S.C. 951–961) or the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971–971(h)[^1]); or
So in original. Probably was meant to be “971–971h”.
**2** any activity involving the harvesting of highly migratory species (as defined in paragraph (14) of section 3 [^2] of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1802(14)]) taken on the high seas (as defined in paragraph (13) of such section 3) if such species are taken in violation of the laws of a foreign nation and the United States does not recognize the jurisdiction of the foreign nation over such species.
See References in Text note below.
**(c)** **Interstate shipment or transshipment through Indian country of fish, wildlife, or plants for legal purposes** section 3372(a) of this titlesection 1151 of title 18
The provisions of paragraph (2) of shall not apply to the interstate shipment or transshipment through Indian country as defined in or a State of any fish or wildlife or plant legally taken if the shipment is en route to a State in which the fish or wildlife or plant may be legally possessed.
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**Source Credit**: (Pub. L. 97–79, § 8, Nov. 16, 1981, 95 Stat. 1078.)
## Editorial Notes
### References in Text
The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (a), is , , , which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
The Tuna Conventions Act of 1950, referred to in subsec. (b)(1), is , , which is classified generally to chapter 16 (§ 951 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
The Atlantic Tunas Convention Act of 1975, referred to in subsec. (b)(1), is , , , which is classified generally to chapter 16A (§ 971 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Section 3 of the Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b)(2), was subsequently amended, and pars. (13) and (14) of section 3 no longer define the terms “high seas” and “highly migratory species”. However, such terms are defined elsewhere in that section.
### Codification
“Magnuson-Stevens Fishery Conservation and Management Act” substituted for “Fishery Conservation and Management Act of 1976” in subsecs. (a) and (b)(2), on authority of , , , which provided that all references to the Fishery Conservation and Management Act of 1976 be redesignated as references to the Magnuson Fishery Conservation and Management Act and , , , 3009–41, which provided that all references to the Magnuson Fishery Conservation and Management Act be redesignated as references to the Magnuson-Stevens Fishery Conservation and Management Act.