§ 1375. Penalties
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/usc/title-16/section-1375A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.)
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statute-compilations
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- Public Law 109–304To complete the codification of title 46, United States Code, “Shipping”, as positive law
- Public Law 105–258To amend the Shipping Act of 1984 to encourage competition in international shipping and growth of United States exports, and for other purposes
- Public Law 105–276Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1999, and for other purposes
- Public Law 97–58To improve the operation of the Marine Mammal Protection Act of 1972, and for other purposes
9 references not yet in our index
- Pub. L. 92–522, title I, § 105
- 86 Stat. 1036
- Pub. L. 97–58, § 3(b)
- 95 Stat. 982
- Pub. L. 103–238, § 13(a)
- 108 Stat. 558
- Pub. L. 103–238, § 13(b)
- Pub. L. 97–58
- section 4 of Pub. L. 92–522
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§ 1375
Penalties
Fed. Reg.×36
U.S.C.×9
Stat.×4
Stat. Comp.×2
C.F.R.×1
Pub. L.Pub. L. 92–522, title I, § 105
Stat.86 Stat. 1036
Pub. L.Pub. L. 97–58, § 3(b)
Stat.95 Stat. 982
Pub. L.Pub. L. 103–238, § 13(a)
Cites 11 · showing 7Cited by 52 across 5 sources