16-U.S.C.-1375
§1375 – Penalties
Pathway
Title 16 > Chapter 31 > Subchapter II > Section 1375
Details
- Reference: Section 1375
- Legend: §1375 – Penalties
- USCode Year: 2013
Provision Content
(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, §105, Oct. 21, 1972, 86 Stat. 1036; Pub. L. 97–58, §3(b), Oct. 9, 1981, 95 Stat. 982; Pub. L. 103–238, §13(a), (b), Apr. 30, 1994, 108 Stat. 558.)
Amendments
1994—Subsec. (a)(1). Pub. L. 103–238, §13(a), inserted , except as provided in section 1387 of this title, after thereunder.
Subsec. (b). Pub. L. 103–238, §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).
U.S. Encyclopedia of Law Coverage
Subchapter II – Conservation and Protection of Marine Mammals in the Legal Encyclopedia: Conservation
In this entry about Subchapter II – Conservation and Protection of Marine Mammals, find legal reference material, bibliographies and premiere content related to conservation in the American Encyclopedia of Law, presenting a comprehensive view of the United States conservation-specific issues, written by authorities in the field.
16-U.S.C.-1362 in the Legal Encyclopedia: Marine Mammal
In this entry about 16-U.S.C.-1362, find legal reference material, bibliographies and premiere content related to marine mammal in the American Encyclopedia of Law, presenting a comprehensive view of the United States marine mammal-specific issues, written by authorities in the field.
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