PRIA, Government Policy, Made Personal

Summary

The Secretary can fine a person up to $10,000 for each violation of these rules, but only after giving notice and a chance for a hearing. Each illegal taking or import is treated as a separate offense. The Secretary may reduce or cancel a fine for good reason. If a fine is not paid, the Secretary can ask the Attorney General to sue in a federal court where the person is found, lives, or does business, and that court will decide the case. For alleged illegal importation for personal or family use (not for others, to sell, or for business), the Secretary may let the person abandon the item to the port officer instead of starting a case. If someone knowingly breaks these rules, they can be convicted and fined up to $20,000 for each violation, jailed for up to one year, or both.

Title 16, §1375

Conservation, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

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).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective upon the expiration of the sixty-day period following Oct. 21, 1972, see section 4 of Pub. L. 92–522, set out as a note under section 1361 of this title.

§1375 Penalties