§ 1174. — Penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1174]
TITLE 16--CONSERVATION
CHAPTER 24--CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS
SUBCHAPTER III--ENFORCEMENT
Sec. 1174. Penalties
(a) Any person who knowingly violates any provision of this chapter
or of any permit or regulation issued thereunder shall, upon conviction,
be fined not more than $20,000 for such violation, or imprisoned for not
more than one year, or both.
(b) Any person who violates any provision of this chapter or any
regulation or permit issued hereunder may be assessed a civil penalty by
the Secretary of not more than $10,000 for each such violation. No
penalty shall be assessed unless such person is given notice and
opportunity for a hearing with respect to such violation. Hearings held
during proceedings for the assessment of civil penalties authorized by
this subsection shall be conducted in accordance with section 554 of
title 5. The Secretary may issue subpoenas for the attendance and
testimony of witnesses and the production of relevant papers, books, and
documents, and administer oaths. Witnesses summoned shall be paid the
same fees and mileage that are paid to witnesses in the courts of the
United States. In case of contumacy or refusal to obey a subpoena served
upon any person pursuant to this paragraph, the district court of the
United States for any district in which such person is found or resides
or transacts business, upon application by the United States and after
notice to such person, shall have jurisdiction to issue an order
requiring such person to appear and give testimony before the Secretary
or to appear and produce documents before the Secretary, or both, and
any failure to obey such order of the court may be punished by such
court as a contempt thereof. Any civil penalty assessed may be remitted
or mitigated by the Secretary for good cause shown. Upon any failure to
pay a penalty assessed under this subsection, the Secretary may request
the Attorney General to institute civil action in a district court of
the United States for any district in which such person is found,
resides, or transacts business to collect the penalty, and such court
shall have jurisdiction to hear and decide any such action.
(Pub. L. 89-702, title III, Sec. 304, as added Pub. L. 98-129, Sec. 2,
Oct. 14, 1983, 97 Stat. 845.)
Prior Provisions
Provisions similar to this section were contained in section 1184 of
this title, prior to the complete revision of this chapter by Pub. L.
98-129.
