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16 U.S.C. § 1375 — Penalties
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1387&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1387&num=0&e
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Source location: Title 16, Chapter 31, § 1375; chapter-031-marine-mammal-protection.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1387&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1387&num=0&edition=prelim)) shall, upon conviction, be fined not more than $20,000 for each such violation, or imprisoned for not more than one year, or both.
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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
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Generally; findings; waiver of penalties** The provisions of this subchapter shall be deemed to be in addition to and not in contravention of the provisions of any existing international treaty, convention, or agreement, or any statute implementing the same, which may otherwise apply to the taking of marine mammals. Upon a finding by the Secretary that the provisions of any international treaty, convention, or agreement, or any statute implementing the same has been made applicable to persons subject to the provisions of this subchapter in order to effect essential compliance with the regulatory provisions of this chapter so as to reduce to the lowest practicable level the taking of marine mammals incidental to commercial fishing operations, [section 1375 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1375&num=0&edition=prelim) may not apply to such persons.
**(b) Review of effectiveness of Agreement on the Conservation of Polar Bears** Not later than 1 year after April 30, 1994, the Secretary of the Interior shall, in consultation with the contracting parties, initiate a review of the effectiveness of the Agreement on the Conservation of Polar Bears, as provided for in Article IX of the Agreement, and establish a process by which future reviews shall be conducted.
**(c) Review of implementation of Agreement on the Conservation of Polar Bears; report** The Secretary of the Interior, in consultation with the Secretary of State and the Marine Mammal Commission, shall review the effectiveness of United States implementation of the Agreement on the Conservation of Polar Bears, particularly with respect to the habitat protection mandates contained in Article II. The Secretary shall report the results of this review to the C
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Responsible Obligor.—** The Secretary or Administrator may not guarantee or make a commitment to guarantee an obligation under this chapter unless the Secretary or Administrator finds that the obligor is responsible and has the ability, experience, financial resources, and other qualifications necessary for the adequate operation and maintenance of each vessel that will serve as security for the guarantee.
**(b) Operators of Liner Vessels.—** The Administrator may not guarantee or make a commitment to guarantee a loan for the construction, reconstruction, or reconditioning of a liner vessel under this chapter unless the Chairman of the Federal Maritime Commission certifies that the operator of the vessel has not been found by the Commission to have committed, within the previous 5 years—
(1) a violation of part A of subtitle IV of this title that involves unjust or unfair discriminatory treatment or undue or unreasonable prejudice or disadvantage with respect to a United States shipper, ocean transportation intermediary, ocean common carrier, or port; or
(2) a violation of part B of subtitle IV of this title.
**(c) Operators of Fishing Vessels.—** The Secretary may not guarantee or make a commitment to guarantee a loan for the construction, reconstruction, or reconditioning of a fishing vessel under this chapter if the operator of the vessel has been—
(1) held liable, or the vessel has been held liable in rem, for a civil penalty under section 308 of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1858](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1858&num=0&edition=prelim)) and the operator has not paid the penalty;
(2) found guilty of an offense under section 309 of the Magnuson-Stevens Fishery Conser
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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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