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16 U.S.C. § 1376 — Seizure and forfeiture of cargo
Federal law — U.S. Code and appendices · legal_authorities
**(a) Application of consistent provisions** Any vessel or other conveyance subject to the jurisdiction of the United States that is employed in any manner in the unlawful taking of any marine mammal shall have its entire cargo or the monetary value thereof subject to seizure and forfeiture. All provisions of law relating to the seizure, judicial forfeiture, and condemnation of cargo for violation of the customs laws, the disposition of such cargo, and the proceeds from the sale thereof, and the remission or mitigation of any such forfeiture, shall apply with respect to the cargo of any vessel or other conveyance seized in connection with the unlawful taking of a marine mammal insofar as such provisions of law are applicable and not inconsistent with the provisions of this subchapter.
**(b) Penalties** Any vessel subject to the jurisdiction of the United States that is employed in any manner in the unlawful taking of any marine mammal shall be liable for a civil penalty of not more than $25,000. Such penalty shall be assessed by the district court of the United States having jurisdiction over the vessel. Clearance of a vessel against which a penalty has been assessed, from a port of the United States, may be withheld until such penalty is paid, or until a bond or otherwise satisfactory surety is posted. Such penalty shall constitute a maritime lien on such vessel which may be recovered by action in rem in the district court of the United States having jurisdiction over the vessel.
**(c) Reward for information leading to conviction** Upon the recommendation of the Secretary, the Secretary of the Treasury is authorized to pay an amount equal to one-half of the fine incurred but not to exceed $2,500 to any person who furnishes information which leads to a conviction for
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Source location: Title 16, Chapter 31, § 1376; chapter-031-marine-mammal-protection.md
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**(a) Application of consistent provisions** Any vessel or other conveyance subject to the jurisdiction of the United States that is employed in any manner in the unlawful taking of any marine mammal shall have its entire cargo or the monetary value thereof subject to seizure and forfeiture. All provisions of law relating to the seizure, judicial forfeiture, and condemnation of cargo for violation of the customs laws, the disposition of such cargo, and the proceeds from the sale thereof, and the remission or mitigation of any such forfeiture, shall apply with respect to the cargo of any vessel or other conveyance seized in connection with the unlawful taking of a marine mammal insofar as such provisions of law are applicable and not inconsistent with the provisions of this subchapter.
**(b) Penalties** Any vessel subject to the jurisdiction of the United States that is employed in any manner in the unlawful taking of any marine mammal shall be liable for a civil penalty of not more than $25,000. Such penalty shall be assessed by the district court of the United States having jurisdiction over the vessel. Clearance of a vessel against which a penalty has been assessed, from a port of the United States, may be withheld until such penalty is paid, or until a bond or otherwise satisfactory surety is posted. Such penalty shall constitute a maritime lien on such vessel which may be recovered by action in rem in the district court of the United States having jurisdiction over the vessel.
**(c) Reward for information leading to conviction** Upon the recommendation of the Secretary, the Secretary of the Treasury is authorized to pay an amount equal to one-half of the fine incurred but not to exceed $2,500 to any person who furnishes information which leads to a conviction for a violation of this subchapter. Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall not be eligible for payment under this section.
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds that—
(1) certain species and population stocks of marine mammals are, or may be, in danger of extinction or depletion as a result of man’s activities;
(2) such species and population stocks should not be permitted to diminish beyond the point at which they cease to be a significant functioning element in the ecosystem of which they are a part, and, consistent with this major objective, they should not be permitted to diminish below their optimum sustainable population. Further measures should be immediately taken to replenish any species or population stock which has already diminished below that population. In particular, efforts should be made to protect essential habitats, including the rookeries, mating grounds, and areas of similar significance for each species of marine mammal from the adverse effect of man’s actions;
(3) there is inadequate knowledge of the ecology and population dynamics of such marine mammals and of the factors which bear upon their ability to reproduce themselves successfully;
(4) negotiations should be undertaken immediately to encourage the development of international arrangements for research on, and conservation of, all marine mammals;
(5) marine mammals and marine mammal products either—
(A) move in interstate commerce, or
(B) affect the balance of marine ecosystems in a manner which is important to other animals and animal products which move in interstate commerce,
and that the protection and conservation of marine mammals and their habitats is therefore necessary to insure the continuing availability of those products which move in interstate commerce; and
(6) marine mammals have proven themselves to be resources of great international significance, esthetic and recreational as well as economic, and i
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1361
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) Effective on April 30, 1994, and except as provided in [section 1383a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1383a&num=0&edition=prelim) and in paragraphs (2), (3), and (4) of this subsection, the provisions of this section shall govern the incidental taking of marine mammals in the course of commercial fishing operations by persons using vessels of the United States or vessels which have valid fishing permits issued by the Secretary in accordance with [section 1824(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1824/b&num=0&edition=prelim). In any event it shall be the immediate goal that the incidental mortality or serious injury of marine mammals occurring in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate within 7 years after April 30, 1994.
(2) In the case of the incidental taking of marine mammals from species or stocks designated under this chapter as depleted on the basis of their listing as threatened species or endangered species under the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.), both this section and [section 1371(a)(5)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371/a/5/E&num=0&edition=prelim) shall apply.
(3) Sections 11 So in original. Probably should be “Section”. 1374(h) of this title and subchapter IV, and not this section, shall govern the taking of marine mammals in the course of commercial purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean.
(4) This
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1387
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary, acting through the Director of the United States Fish and Wildlife Service, shall do all things necessary and appropriate, including the promulgation of regulations, to implement, enforce, and administer the provisions of the Agreement on behalf of the United States. The Secretary shall consult with the Secretary of State and the Alaska Nanuuq Commission on matters involving the implementation of the Agreement.
**(b) Utilization of other government resources and authorities**
(1) **Other government resources** — The Secretary may utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency, any State agency, or the Alaska Nanuuq Commission for purposes of carrying out this subchapter or the Agreement.
(2) **Other powers and authorities** — Any person authorized by the Secretary under this subsection to enforce this subchapter or the Agreement shall have the authorities that are enumerated in [section 3375(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3375/b&num=0&edition=prelim).
**(c) Ensuring compliance**
(1) **Subchapter II authorities** — The Secretary may use authorities granted under subchapter II for enforcement, imposition of penalties, and the seizure of cargo for violations under this subchapter, provided that any polar bear or any part or product of a polar bear taken, imported, exported, possessed, transported, sold, received, acquired, purchased, exchanged, or bartered, or offered for sale, purchase, exchange, or barter in violation of this subchapter, shall be subject to seizure and forfeiture to the United States without any showing that may be required for assessment of a civil penalty or for criminal prosecut
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Federal law — U.S. Code and appendices · legal_authorities
Page 1784
TITLE 16—CONSERVATION
§ 1375
Subsec. (e)(1)(C). Pub. L. 103–238, § 5(b)(3), added sub-
par. (C).
1988—Subsec. (c). Pub. L. 100–711, § 5(d), designated ex-
isting provisions as par. (1) and substituted ‘‘scientific
research, public display, or enhancing the survival or
recovery of a species or stock’’ for ‘‘display or sci-
entific research’’ in two places, and added pars. (2) to
(4).
Subsec. (h)(2)(B). Pub. L. 100–711, § 4(d), added cls. (iv)
to (ix).
1984—Subsec. (h). Pub. L. 98–364 designated existing
provisions as par. (1), and added pars. (2) and (3).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1997 AMENDMENT
For effective date of amendment by Pub. L. 105–42,
see section 8 of Pub. L. 105–42, set out as a note under
section 1362 of this title.
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.
MODIFICATION OF PERMITS EXISTING PRIOR TO
APRIL 30, 1994
Pub. L. 103–238, § 5(c), Apr. 30, 1994, 108 Stat. 541, pro-
vided that: ‘‘Any permit issued under section 104(c)(2)
of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1374(c)(2)) before the date of the enactment of this Act
[Apr. 30, 1994] is hereby modified to be consistent with
that section as amended by this Act.’’
§ 1375. Penalties
(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 oppor-
tunity for a hearing with respect to such viola-
tion. Each unlawf
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