§ 1375. — 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: 16USC1375]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER II--CONSERVATION AND PROTECTION OF MARINE MAMMALS
Sec. 1375. Penalties
(a)(1) Any person who violates any provision of this subchapter or
of any permit or regulation issued thereunder, except as provided in
section 1387 of this title, 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. Each unlawful taking or
importation shall be a separate offense. Any such civil penalty 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 a 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.
(2) In any case involving an alleged unlawful importation of a
marine mammal or marine mammal product, if such importation is made by
an individual for his own personal or family use (which does not include
importation as an accommodation to others or for sale or other
commercial use), the Secretary may, in lieu of instituting a proceeding
under paragraph (1), allow the individual to abandon the mammal or
product, under procedures to be prescribed by the Secretary, to the
enforcement officer at the port of entry.
(b) Any person who knowingly violates any provision of this
subchapter or of any permit or regulation issued thereunder (except as
provided in section 1387 of this title) shall, upon conviction, be fined
not more than $20,000 for each such violation, or imprisoned for not
more than one year, or both.
(Pub. L. 92-522, title I, Sec. 105, Oct. 21, 1972, 86 Stat. 1036; Pub.
L. 97-58, Sec. 3(b), Oct. 9, 1981, 95 Stat. 982; Pub. L. 103-238,
Sec. 13(a), (b), Apr. 30, 1994, 108 Stat. 558.)
Amendments
1994--Subsec. (a)(1). Pub. L. 103-238, Sec. 13(a), inserted ``,
except as provided in section 1387 of this title,'' after
``thereunder''.
Subsec. (b). Pub. L. 103-238, Sec. 13(b), inserted ``(except as
provided in section 1387 of this title)'' after ``thereunder''.
1981--Subsec. (a). Pub. L. 97-58 designated existing provisions as
par. (1) and added par. (2).
Section Referred to in Other Sections
This section is referred to in sections 1377, 1379, 1383, 1387,
1417, 3703 of this title; title 46 App. section 1273a.
