§ 1375. Penalties

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1972

   Marine Mammal Protection Act of 1972

   Pub. L. 92–522 title I § 105 · 86 Stat. 1027

   Enacted · 16 U.S.C. § 1375

   Pub. L. 92–522, title I, § 105, Oct. 21, 1972, 86 Stat. 1036

   Source evidence

   Code source credit
   Pub. L. 92–522, title I, § 105, Oct. 21, 1972, 86 Stat. 1036

   Enacted provision · exact public law section
   Sec. 105. penalties (a) Any person who violates any provision of this title or of any permit or regulation issued thereunder may be assessed a civil penalty by the Secretary of not more than $10,000 for each such Notice; hearing. 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. (b) Any person who knowingly violates any provision of this title or of any permit or regulation issued thereunder shall, upon conviction, be fined not more, than $20,000 for each such violation, or imprisoned for not more than one year, or both.

2. 1981

   Pub. L. 97–58 § 3(b) · 95 Stat. 979

   1. Amended · 16 U.S.C. § 1375(a)

      Pub. L. 97–58 designated existing provisions as par. (1)

   2. Added · 16 U.S.C. § 1375(a)

      Pub. L. 97–58 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–58 designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (b) Penalties.— Section 105(a) of the Act of 1972 (16 U.S.C. 1375(a)) is amended by inserting “(1)” immediately after “(a)” and by inserting at the end thereof the following new paragraph: “(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.”.

3. 1994

   Marine Mammal Protection Act Amendments of 1994

   Pub. L. 103–238 § 13(a) · 108 Stat. 532

   Inserted · 16 U.S.C. § 1375(a)(1)

   Pub. L. 103–238, § 13(a), inserted “, except as provided in section 1387 of this title,” after “thereunder”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 103–238, § 13(a), inserted “, except as provided in section 1387 of this title,” after “thereunder”.

   Enacted provision · exact public law section
   (a) Civil Penalties.— Section 105(a)(1) (16 U.S.C. 1375(a)(1) is amended by inserting “, except as provided in section 118,” after “thereunder”.

4. 1994

   Marine Mammal Protection Act Amendments of 1994

   Pub. L. 103–238 § 13(b) · 108 Stat. 532

   Inserted · 16 U.S.C. § 1375(b)

   Pub. L. 103–238, § 13(b), inserted “(except as provided in section 1387 of this title)” after “thereunder”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–238, § 13(b), inserted “(except as provided in section 1387 of this title)” after “thereunder”.

   Enacted provision · exact public law section
   (b) Criminal Penalties.— Section 105(b) (16 U.S.C. 1375(b)) is amended by inserting “(except as provided in section 118)” after “thereunder”.

5 of 5 references resolved to an enrolled provision