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16 U.S.C. § 1375Penalties

submitted 54 years ago by Pub. L. 92-522 to r/title-16-CONSERVATION · 294 words · no verdicts yet

in plain englishAI-generated · not legal advice

Violations may lead to civil penalties of up to $10,000 per violation, and knowing violations may lead to criminal fines, imprisonment, or both. The Secretary must provide notice and a hearing before assessing a civil penalty.

(a)(1) A person violating this subchapter or a permit or regulation under it, except section 1387 cases, may receive a civil penalty of up to $10,000 per violation. The Secretary may assess it only after notice and an opportunity for a hearing. Each unlawful taking or import is a separate offense. For good cause, the Secretary may reduce or forgive the penalty. If it is not paid, the Secretary may ask the Attorney General to sue in a United States district court where the person is found, lives, or does business; that court has jurisdiction. (2) For an alleged unlawful import by an individual solely for personal or family use—not as a favor for others and not for sale or commercial use—the Secretary may allow abandonment to the port enforcement officer under prescribed procedures instead of starting paragraph (1) proceedings. (b) A person who knowingly violates this subchapter or a related permit or regulation, except section 1387 cases, may on conviction be fined up to $20,000 per violation, imprisoned up to one year, or both.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1972Enacted · Pub. L. 92-522 · 86 Stat. 1036
  • 1981Amended · Pub. L. 97-58 · 95 Stat. 982
  • 1994Amended · Pub. L. 103-238 · 108 Stat. 558

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-522 on 1972-10-21.

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